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Knowing The Law In Spain

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Harry King retired from corporate life in Britain to live in Spain. He would do so all over again if faced with the same decision, and now lives in Alicante. He is the author of a number of books including Going to Live in Spain, Buying a Property in Spain and Buy to Let in Spain.

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DOCUMENTATION

Driving licence (Permiso de Conducir)

A tourist visiting Spain and driving either their own car or a Spanish rental car can do so with a licence issued in their home country. An international licence also issued in their home country would be better as the standard format can be more easily identified by the authorities.

Since 1996 a Spanish resident from another EU country can drive in Spain with their original, home country licence for as long as it is valid, with no obligation to take out a Spanish licence. However if the holder is a resident in Spain and not opting to obtain a Spanish driving licence, it is still legally necessary to present their UK licence to the Jefatura Provincial de Trafico for its details to be entered on their computer.

However as the licence has an old address for a new resident of Spain it is better to exchange it for a Spanish driving licence. If anything goes wrong it makes life just that little bit easier. It can reduce problems at roadside checks.

To exchange a UK licence for a Spanish licence:

  • Go to the information counter at the provincial traffic department (Jefatura Provincial de Trafico) with the UK licence.
  • Complete an appropriate form (Solicitud de Carnet del Permiso de Conducir) and present a residency card, a photocopy, the old driving licence and three passport style photographs.
  • The new licence is not for life. It is renewable every few years according to age, every five years for those aged 45 to 70 years, every two years for those over 70 years. An embarrassingly simple medical examination is necessary, which is carried out at an approved centre, lasts one and a half minutes and costs 35€.

Since 2004 holders of EU photo card driving licences can drive legally in Spain without the need to register or exchange that licence. If the licence bears a previous UK address, drivers should always carry proof of their residence in Spain when they have lived in the country for more than six months.

The situation for a non-EU citizen resident in Spain presents no ambiguity. The requirement is a Spanish driving licence and nothing else but a Spanish driving licence. A home country licence cannot be exchanged for a Spanish one. Or to put it another way a non-EU licence cannot be exchanged for an EU licence. The net result of all this means non-EU citizens must take a Spanish driving examination, both written and practical, in Spanish, and to do it they have no option but to attend an approved Spanish driving school. An expensive business!

There is no licence penalty point system in Spain for traffic offences, although licences can be suspended for periods from three months to one year depending on the type of offence.

Road tax

All Spanish registered vehicles are liable for road tax (impuesto municipal sobre vehiculos de traccion mechanica). The tax is based on potencia fiscal – the horsepower of the car. Tax levels are set by individual municipalities and can vary from place to place, with Barcelona the highest. Budget around 160€ per year for a small family sized car. Payment is at the local town hall, or to a subcontracted collection agency such as SUMA, during a published time window after which a surcharge is applied. Unlike many other countries a tax disc is not placed inside the windscreen. Some people have avoided paying this tax for years but it catches up with them, complete with fines, when a copy of the last receipt is required upon selling or scrapping a car, which incidentally is an explanation of why many abandoned vehicles litter the countryside.

ITV (technical inspection of vehicles)

After four years a biannual vehicle inspection, known as an ITV, is necessary. It is the equivalent of an MOT in the UK. When a car is passed, a sticker is placed inside the windscreen. After ten years it is an annual inspection. If a vehicle fails a test, 15 days are allowed to have it repaired and retested.

The ITV test is only valid for vehicles registered in Spain. It has no value in other EU countries. A car registered in another EU country must be tested in accordance with the laws of the country where it is registered.

ACCIDENTS

Unfortunately Spain has one of the highest road accident rates in Europe. A high incidence of foreign drivers is one significant reason. Speed and alcohol are other major reasons. Spanish drivers are similar to the Italians and French – they all drive in a fast, aggressive manner. At slip roads, where they join major roads, no quarter is given or asked by the incoming drivers. Their judgment of speed, slipping into a small gap between moving traffic, can be quite frightening. Trained on 49cc motor scooters, graduating to 125cc motor cycles, Spanish car drivers must overtake immediately, irrespective of speed limits or traffic conditions. Damaged wing mirrors tell of a failure to drive through small gaps.

A ‘normal’ Spanish car has scratched bumpers. Nothing is more frustrating than the constant bumps a car is subjected to in parking lots. There is a total disregard for the wellbeing of someone else’s vehicle. For Spanish drivers, it seems bumpers are designed to be scratched.

For new drivers in Spain it is best to regard all drivers as totally unpredictable and drive cautiously.

Drinking and driving

Despite the high accident rate, drunken driving does not create the same social stigma as it does in many other European countries. Random breath tests can be carried out by the police at any time. Motorists who are involved in accidents, or who infringe motoring regulations, are routinely given alcohol and drug tests. The limit is low – when blood alcohol concentration exceeds 25mg of alcohol per 100ml of blood (15mg for drivers with less than two years’ experience or professional drivers) which is about two glasses of wine taken with some food. Drunken driving can result in a fine of up to 602€, suspension of a driving licence and even imprisonment up to six months. Drivers who refuse to take a breath test are liable to a prison sentence of six months to one year. In either case a period of community service may be an alternative to a jail sentence. An accident while under the influence of alcohol can result in an insurance being immediately suspended, meaning the non-payment of repairs, medical expenses and other damages.

CAR INSURANCE

Visitors to Spain for a short-term tourist stay and driving a foreign registered car require insurance. This is a green card, as the international insurance certificate is known. Conversely visitors to the UK driving a Spanish registered car will also require a green card. In the UK a green card is requested from an insurance company, while in Spain it is automatically issued with an annual certificate. Since there are no longer any border posts a green card is really a notification to the insurance company of travel abroad rather than a permit to enter a country.

Spanish law, like that in all other EU countries, demands that all vehicles be fully insured for minimum third-party damage. Basic types of car insurance are available similar to those in the UK. There are some notable differences, both positive and negative. For example vehicle recovery in the event of breakdown is normally covered but protection for passengers may be an extra charge.

Many UK companies operate in the car insurance market. It is therefore quite easy to obtain car insurance by phone and in English. Understanding the type of cover and possible extras presents little difficulty. Car insurance is relatively cheap around 450€ per year for a new car, fully comprehensive, off road parking, four years’ no claims for a middle aged driver, a small exclusion for the first part of a claim, breakdown cover and any other driver approved by the insured.

  • Responsabilidad civil is the minimum level of third-party car insurance and covers only third-party claims for injury and damage.
  • Responsabilidad civil, incendio y robo is classically a third-party, fire and theft policy which covers a vehicle for fire, natural hazards, theft, broken windscreen and some legal costs. Theft or damage to contents is not usually included.
  • Todo riesgo is a fully comprehensive insurance covering all damage to a vehicle.

Procedures following an accident are the same in Spain as the UK, but things do take longer, which is unfortunate when a damaged car needs to be repaired quickly. With small accidents drivers can settle the matter themselves and if need be inform their insurance companies. In larger accidents the police will appear, taking details with a possible view to charging someone.

It makes sense to contact an insurer quickly in the event of an accident. They will advise on the claim process. In the event of a car being stolen, report it to the police immediately and claim from the insurance company, submitting a copy of the denuncia. Equally, if you are determined to make a charge against the other driver, start with a denuncia and then ask the insurers for advice.

Some people living in a twilight zone of ‘long-stay non-residents’ may wish to retain their foreign car in Spain. The car is legally required to be insured in the country of registration, e.g. the UK, but this can be difficult if it has never returned for its MOT. There are ways round this as Spanish branches of UK insurance companies insure a car using a Spanish ITV test. While this may satisfy an insurance company that a vehicle is in sound operating condition, it has no other legal force as it remains illegal in both the UK and Spain because it has no MOT. In order to maintain this ‘tourist charade’ a driver will also need to drive on a UK licence and ignore the six-month rule for imported vehicles.

CAR RENTAL

With 50 million tourists per year Spain has a large, competitive rental market. For a small car look to pay around 200€ per week in summer and 150€ in winter. Most companies have special low rates for weekend rentals and for periods longer than 14 days. Rates between major international companies vary little.

Ensure that a car has air conditioning and check the position on collision damage waiver (cobertura de danos por colision), theft cover (cobertura contra robo), personal accident insurance (asistencia por lesiones personales), and the number of additional drivers.

Drivers must be at least 22 years old and a number of companies have an upper age limit of 65. UK drivers must produce a valid licence (a copy is not acceptable) and non-EU drivers an international driving licence.

MOTOR SCOOTERS

Forty-nine cc motor scooters are a radical alternative to a motor car, particularly for nipping through city traffic. There is absolutely no fuss getting one! A Spanish child of 14 years can get one. For the more mature driver all that is required is a driving licence – any type will do – and about 2,500€ to buy the machine.

Insurance is expensive, from 325€ per year because of the high risk involved, and don’t expect to obtain cover for theft as these convenient little machines are popular with robbers. (Registration plates are required for a scooter with an engine capacity below 50cc.) Scooters, or mopeds as they are sometimes called, are not permitted on motorways and riders must use cycle paths where provided. At 16 it is possible to ride a light motorcycle (motocicleta) with an engine capacity of up to 125cc and at age 18 a motorcycle over 125cc, for which a motorcycle licence (licencia de conduccion de ciclomotores) is required.

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