The Supreme Administrative Court finally annulled provisions of the Regulation on the Periodic Inspections and Determination of the Environmental Group of Motor Vehicles.
This concerns paragraph 23, point 1, letter "b" of the Regulation, as well as Art. 38, para. 1 of the Regulation, in the part of the text "and a sign for a periodic inspection to check the technical condition of the vehicle, which reflects the environmental group under Art. 37a, to which the vehicle under Art. 1, item 8 belongs", recalled news.bg.
The Court finds the appeals unfounded and considers the conclusions of the first-instance panels to be correct that the requirements of the Law on Regulatory Acts were not complied with when adopting the Regulations. The draft amendments to the Regulation are not motivated, which is a basis for illegality. The provisions of the Law on Legal Procedure are a guarantee for compliance with the principles of justification, openness, stability and coherence in the development and adoption of a draft regulatory act. Their failure to comply is a material violation requiring the repeal of the contested regulatory provisions, the SAC states.
The draft Regulation and the report to it do not contain a discussion of the financial resources necessary for the implementation of the provisions, as well as the expected results of its implementation. This point provided that during a periodic inspection of a vehicle, a document for paid vehicle tax, required on the day of the periodic inspection of a vehicle, according to the Local Taxes and Fees Act, or a document that they are exempt from tax, which documents must be marked or marked for unambiguous identification through the information system.
The reasons and the report only refer to texts from the regulation on the general requirements for network and information security, without a clear justification as to what means and what result the abolition of the requirement for the application of the document for paid vehicle tax will lead to.
The SAC decision is not subject to appeal.