Spain's new mobility law enables urban congestion charges

Urban congestion charge gains legal support under Spain's mobility law

London reduced traffic by a third and already charges for entering the center. Stockholm, Oslo, Gothenburg, and Milan do the same. Now Spain has provided the first state-level legal backing for city councils that wish to implement similar measures: charging vehicles that access central areas. The congestion charge is no longer a distant hypothesis but appears in the Sustainable Mobility and Transport Financing Law, approved at first reading by the Council of Ministers. It arrived quickly and with an unromantic reason: Brussels demanded it as a requirement to receive Next Generation funds.

What changes in the Sustainable Mobility Law

Minister Óscar Puente summarized the regulation in four pillars: mobility as a citizen right, sustainability, efficiency in transport and infrastructure spending, and digitalization. On these four legs rests a framework change: moving from the concept of transport, historically associated with cars and major works, to that of sustainable mobility, more focused on walking, cycling, and using public transport. The text recognizes the right to a system "that allows the free exercise of constitutional rights and freedoms" and that specifically addresses disadvantaged people, areas affected by depopulation, and cases of forced mobility.

The figures handled by the Executive support much of the argument: mobility represents 13% of household spending, employs more than 800,000 people, and accounts for over 5% of GDP. And 27% of greenhouse gases are related to it. The law was left at the gates of the BOE (Official State Gazette) in the previous legislature due to early elections; now the Government processes it urgently and asks for "a high degree of consensus" in Parliament.

How much will the urban toll cost and what other figures are attributed to it?

The text does not set rates: it enables them. It guarantees that basic conditions are homogeneous throughout the territory and leaves the decision to charge or not in the hands of each city council. Lists circulate online attributing up to ten fiscal measures to the legislative package: six cents more per liter of fuel, a new CO2 tax, increases in circulation and registration taxes, a levy on vehicle weight, another for kilometers traveled—from one cent for passenger cars to three for freight—, the end of deductions for historic cars, and an urban toll between one and two euros. The figure of "more than 100 taxes" accompanying those lists does not appear in the known text. What is clearly stated is the enabling of the toll.

And there lies the nuance that changes everything: it is not a state tax, it is a tool that the State makes available to municipalities. Barcelona and Valencia studied similar measures, but needed a national standard to provide legal cover for their plans. With this text, that brake disappears.

Return to toll booths: Article 19 and freedom of movement

The comparison repeats itself: these are the 21st-century fielatos (historical toll gates). Those booths where goods were paid to enter the city now have license plate reader cameras. The legal clash is evident: Article 19 of the Constitution recognizes Spaniards' right "to freely choose their residence and move around the national territory." This article supports the most repeated objection, namely that movement cannot be restricted to those who pay without a real transport alternative.

On the other side, some recall that London and Stockholm have had equivalent systems for years, and that those who do not work in a large city will simply stop approaching it: centers would become theme parks for weekend visitors. Meanwhile, city councils look at the cash register. Without a public transport alternative, a toll is a punishment.

What peine where charges are already applied

The congestion charge works in Stockholm, Oslo, Gothenburg, Milan, and London, with usual exceptions for residents and delivery drivers. In the British capital, traffic has fallen by a third since its implementation. It has also generated resistance: there are reports of neighbors boycotting the system and cameras destroyed in areas where it has expanded. In Madrid, protests against the expansion of low-emission zones in Fuencarral and Carabanchel did not prevent their eventual implementation. The practical lesson is simple: opposition delays, but does not always topple.

State funding for public transport, the carrot

The other half of the law is money. The text guarantees the State's financial contribution to urban and metropolitan sustainable mobility, something that until now only occurred in some large cities and with specific subsidies to certain city councils. The intention is to create a homogeneous system so that any citizen can access a quality service regardless of their municipality's financing capacity. It was a historical demand of a sector in severe financial crisis since the pandemic.

To coordinate the Central Government, autonomous communities, and city councils, the National System of Sustainable Mobility is born. And there is an obligation affecting companies: large companies must have plans that incentivize commuting by bike or electric car.

With the legal enablement ready and funding promised, the ball is in the city councils' court. To install the first booth and risk conflict, or wait for a bus that is not yet paid for?