MOTORING OFFENCES

Parking fines

No one pays a parking fine. It is a relatively small charge. Refusing to pay results in municipality costs which are too high to pursue the issue through a court. People know this and take advantage of the situation. Responsible residents are allowed 15 days to pay or formally protest a fine. A fine may be increased if not paid within a prescribed period.

So what are local town halls doing to overcome the problems of illegal parking, particularly double parking, assuming they are themselves blameless with adequate parking lots provided? Answers below.

• Charge high parking fines of 75€ as a major deterrent.
• Charge very high parking fines for repeated offenders.
• Tow a car away with a recovery fee of around 75€ in addition to a parking fine.
• Wheel clamp.

A garage or entrance permitting access for a vehicle to a house or building at all times is subject to an annual tax. The entrance must display the sign vado permanente. If anyone obstructs the entrance the owner has the right to have the vehicle legally towed away.

Random document checks

The police often set up check points stopping motorists randomly to check their identification and car papers. A passport or residencia, a driving licence, vehicle registration papers (permiso de circulacion) and insurance certificate should be kept with the car. Since this is impracticable, it is better to make a copy of the papers and keep them in the glove box. In law it is no longer necessary to carry originals.

Multas

On-the-spot fines (multas) of up to 302€ can be imposed on non-residents for a range of minor traffic offences such as speeding, not being in possession of car papers or a copy of them, and not wearing a seat belt. The list is not exclusive. The police may escort a non-resident to a bank or location where the money can be obtained. A resident is not required to pay on the spot fines, only non-residents who are so untrustworthy they can flee the country without paying.

Classification of offences

Motoring offences are classified as minor (leve), serious (grave) and very serious (muy grave).

• Minor offences which carry fines of up to 91€ include parking violations and many other offences.
• Serious offences which carry fines from 91€ to 301€ with a possible three-month licence suspension include speeding at less than 50 per cent over the limit and other offences.
• Very serious offences that carry fines from 302€ to 602€, an automatic three-month licence suspension and a possible period in jail, include driving under the influence of alcohol or drugs, refusing to take a breathalyser test, exceeding the speed limit by 50 per cent or at least 30km/h, reckless driving and other offences.

Not all offences or fines fit within the convenient classification above. Fines for offences such as driving without a licence, without a number plate, or driving an unregistered or improperly registered vehicle, or improper use of a mobile phone, range up to 1,503€.

People who commit three serious offences within a two-year period must undergo a refresher course or take a driving test to avoid losing their licence. People who commit three very serious offences within a two-year period automatically lose their licence, although they are offered the possibility of taking a special driving course in which case the licence is suspended for only three months.

Payment and appeal

Residents and non-residents who pay promptly receive a 30 per cent discount if they pay a fine within ten days. The 30 per cent discount does not apply to serious or very serious offences. A boletin de denuncia is issued specifying the offence and fine. It is possible to appeal against this and there are instructions on the back of the boletin de denuncia explaining how. A written appeal must be made within ten days of an offence to the provincial traffic department in the province where the offence took place. The police will decide whether to uphold an appeal but there is no further appeal against their decision.

FURTHER INFORMATION

Real Automovil Club de Espana. Tel: 902 120 441 or www.race.es

Michelin online map service www.viamichehn.com