InsureExpats.eu

Raquel Pérez, Director, Pérez Legal Group.

The Spanish licence

European Union citizens can obtain a Spanish driving licence by exchanging your EU driving licence. You should go to your provincial traffic headquarters with your present licence and a photocopy, one photo, and your residence certificate or card and photocopy. Traffic office will need to verify your details with your home country’s authorities. The costs are around 26 Euros.

Using your EU licence

Also you can continue using your home country licence as it is no longer necessary to have this licence registered and stamped by the Spanish Traffic Department. EU rules require that Spain accept any EU licence as valid so this means that a holder of an UK licence must take the same medical exam that a Spanish driver has to take. If you are under 45 of age, the eye and reaction test is required every 10 years. From 45 to 70 years, you must pass the exam every five years. Be careful as if you are involved in an accident or a speeding violation at the age of 51 without having the medical test, you will be considered as driving with an expired licence and your insurance company may refuse to pay for damages if your licence is not valid and you may face penalties from the Traffic Department.

Traffic code

Spain’s revised traffic code went harder on speeders and prohibits the use of mobile phones while driving. It requires cars to carry reflective vests, regulats the use of child safety seats and stiffens penalties.

Police also are empowered to retain the licence of the driver if they estimate is not in condition to operate a vehicle. Drunk drivers face licence suspensions of one year and a possible six months in gaol.

Speeding

Exceeding the limit by 50% becomes a very serious infraction with fines up to 602 Euros and suspension of driving licence for 3 months.

This would also include someone driving at 150 kph on a normal highway with a limit of 100 kph.

Spanish points system

Drivers are assigned 12 points. New drivers, with less than 3 years of experience, begin only with 8 points. If the beginner drives for 2 years with no infractions, he gets 4 additional points to bring him up to 12

A driver can check on his number of points by going to the Traffic Department web site which is www.dgt.es. The site contains much more useful information.

Many thanks to Raquel Pérez for this very useful article.  If you are in need of legal advice relating to any legal matter you can contact Racquel on the details below…

Raquel Pérez

Director

raquel@perezlegalgroup.com

Perez Legal Group

Centro Comercial Elviria, oficina 6

29604 Marbella

(T) +34 952 833 169

(F) + 34 952 830 262

(M) + 34 699 45 66 97

Fuel saving reductions

The Council of Ministers has approved a decision to reduce the speed limit on Spanish highways and motorways from the current 120 km / h to 110 km / h “on a transitional basis.” The First Deputy Prime Minister, Alfredo Perez Rubalcaba said that this is an emergency measure implemented in Spain to save fuel, although he would not commit to how long the measures will last for.

Rubalcaba said that these measures will save around 15% of fuel. He also noted that as part of the measure of implementing this new rule, which will become effective on March 7, an “urgent campaign to replace all speed limit signs” will be carried out across the nation.

Additional measures to save energy

In addition to reducing the speed limit, Rubalcaba announced additional measures aimed at energy saving, these include reducing the price of train tickets on Renfe Media and Corta routes by 5% to promote public transport. As with the speed limit, this will be a temporary measure.

Fuel prices at record high

The price per litre of petrol is at record highs. According to the latest Oil Bulletin of the European Union, a litre of petrol costs on average €1.284, just a penny less than in January, but 16% more than in the same week in 2010.

Proposed changes for urban roads

In a recent announcement the Spanish Traffic Department has put forward it’s plans to reduce the speed limit on all urban roads with one lane in each direction and one-way streets with just one lane to 30kph. On most of this type of road, the limit is currently 50kph.

Reducing speeds will save lives

The new proposals are justified by The General Director, Pere Navarro,saying that 50 per cent of pedestrians survive being hit by a car at 50kph, but 95 per cent survive a 30kph impact.

The basics

Driving UK plated cars in Spain is one of  the most miss-understood subjects of motoring for expats. Here I will lay out the very basics that will keep you on the right side of the law. The points referred to here are not just relevant to UK plated cars in Spain but as I understand apply to any foreign plated car driven in any EU country other than its country of registration.

• Firstly you can drive your UK plated car on Spanish roads for a maximum of 180 days.
• After 180 days the car should be transferred on to Spanish plates.
• The Vehicle must be fully legal in it’s country of registration. A UK registered car must have a current MOT, insurance and road tax. An ITV is not a substitute for a UK MOT!
• If your car is insured in the UK, then generally the extended cover for driving abroad is only 90 days. If you intend to continue using your UK plates for the full 180 days you will need to re-insure your car in Spain.
• If you fail in your responsibility to ensure that your car is fully road legal, to the standards set in it’s country of registration, you could render your insurance invalid and the insurer may refuse to pay the claim.

The consequences

The Spanish Police are of course aware of this and they now have on in-car technology to check your status at the touch of a button. Should you be stopped in a vehicle that is not legal  I understand they have the power to instantly impound your car and issue a fine of up to €2000. In addition they also have the option of arrest.

The solution

If you are resident in Spain there is only one real solution and that is to have your vehicle transfered onto Spanish plates.

The question

A question I have been asked a lot recently is one that concerns a Spanish ITV replacing the MOT on UK plated cars. Having made some in depth enquiries I am happy to share with you that information.

The ITV is no substitute

The Spanish ITV is a ‘Certificate of Roadworthiness’ and is valid only for Spanish registered vehicles. Spanish ITV’s are not a legal alternative or substitute for a UK MOT. Driving a UK registered car in Spain without a current and valid UK MOT is illegal.

The penalty

The Spanish Police are of course aware of this and should you be stopped without the appropriate MOT certificate I understand they have the power to instantly impound your car and issue a fine of up to €2000. In addition they also have the option of arrest.

The options

There are really only two options to ensure that your car remains legal on Spanish roads. Firstly, have the vehicle transferred on to Spanish plates with the correct ITV passed or return to the UK to have the appropriate MOT inspection and certificate issued. Bear in mind of course that a foreign registered car can only be used on Spanish territory for a maximum of 6 months, something the authorities here are now very keen to enforce.

For residents

For UK expats that are resident here in Spain the only real answer is to have the vehicle transferred on to Spanish plates. Yes there is a cost but it may well prove more economical than loosing your vehicle and paying a fine!

All change

For many years expats have got away with driving foreign plated cars on Spanish roads. But that is all changing as many have found out recently to their detriment.  Modern technology now allows the Spanish authorities and police to establish the legal standing of a vehicle in Spain within seconds.

Now is a good time to review what makes a foreign plated car legal, so here is a guide.

The law

Law 38/1992 (article 65) about Special Taxes specifies that any resident or owner or owner of a foreign business located in Spain is obliged to register his/her car vehicle on Spanish license plates thirty days after the first time of circulation or use of the vehicle in Spanish territory.

To be a resident under the Law’s definition, it is considered the person that the person lives in Spain at least 185 days a year due to professional or personal links.

And based in the law, when is a vehicle considered to have entered Spain if there isn’t an official record? The date can be considered to be the one of acquisition of the vehicle or the starting date of becoming a resident. Until recently that has been difficult for the Police to establish, but with modern technology the now have the answers at hand!

The penalty for none compliance of this law is simple, the vehicle will be impounded and towed away at the owners expense. Also a fine will accompany this action based on article 62 of the Road security Law.

Conclusion

The conclusion is that you can not drive in Spanish territory with foreign license plates unless the driver is within the legal driving period.

If you want more information and assistance on transferring your foreign plated vehicle onto Spanish plates there are experts close at hand that will complete the process for you. People I know personally are the guys at Gorrila Choppers who have a specialist that deals with all aspects of vehicle and driving license requirements. They will give a great  service and ensure that everything is dealt with the minimum of fuss.  Why not give them a call? Save yourself the hassle, cost of impound and the fine!

DGT safety campaign

A week-long campaign initiated by the General Traffic Department (DGT) has been recently conducted to raise awareness of the importance of wearing a seat-belt.

Vehicles Stopped

During the national campaign officers of the DGT took to the streets to patrol the use of seat-belts and children’s car seats and recorder some alarming results with 2,879 incidences of not using restraints been recorded. A total of 276,481 vehicles were stopped, 2010 drivers had failed to belt up, while 678 adult passengers were also found not to be wearing a seat belt. That’s 5 % of drivers not using proper restraints. On top of that, 191 children under 12 years of age were also found not to be strapped in.

Belt up properly

The DGT continues to stress the importance of belting up properly, as the been correctly restrained reduces the risk of death by 50% and also decreases the severity of injury. According to statistics, nine out of ten serious or fatal injuries to children could have been avoided if the child was restrained securely in the vehicle!

The message is simple to everyone BELT UP!

Reduced deaths on Spanish roads

Spanish traffic authority figures released recently show a reduction in deaths on Spanish roads of almost 20%. For the first seven months of 2010 the amount of fatalities recorded was 936. This total is down some 180 less than the same period last year.

Holiday weekend deaths up

Unfortunately the start of the summer holidays did not follow the same trend. The busiest weekend of the year for holiday makers is the mass exodus to the coast, which this year took place over the weekend of July 31st and August 1st. Traffic authority figures show that during that two day period 20 people died on Spain’s roads, up from 16 for the same weekend last year.

Most tragic weekend

This years holiday weekend figures are the highest ever. The previous most tragic weekend was August 15th and 16th 2009, during that weekend 18 people died on the roads.

Lets hope for a speedy return to the downward trend!

Car Insurance, motorcycle Insurance, and LCV insurance.

All motor vehicles and trailers must be insured when you drive in Spain. Failing to do so could result in fines between 600€ and 3,000€ as well as points taken from your licence, or even a prison sentence.

It is not essential for vehicles that are insured in other European countries to have international insurance. However, you must at least carry a copy of your insurance documentation and payment receipt as proof.

The different categories of insurance available

Third Party - (responsabilidad civil obligatoria) is the minimum required by Spanish law and insures against a 3rd party claim. Some of the better companies include fire cover at no extra cost with this basic cover, however always check this out before you sign up.

Please note that neither drivers nor passengers are covered and must be insured separately if required, see Driver and Passenger Insurance.

Third Party, Fire and Theft - (responsabilidad civil obligatoria, incendio y robo) known in some countries as ‘part comprehensive’. It includes cover against fire (incendio), natural hazards such as rocks falling on your vehicle, theft (robo), broken glass such as windscreens and legal expenses (defensa penal).

Fully Comprehensive - (todo riesgo) this covers all of the risks listed under a third-party, fire and theft policy plus all other types of damage to your vehicle irrespective of how the damage was caused.

Some insurance companies will not offer comprehensive cover to vehicles that are more than two or three years old, so you may need to check. If you have a finance or lease agreement on your vehicle you may find that it is compulsory to have comprehensive insurance.

Please be aware that not all insurance companies pay for a replacement car whilst your own vehicle is being repaired. Although you will find that the better companies do offer this as an option when you take cover with them.

Driver and Passenger Insurance – (seguro de ocupantes) is usually an option that can be added to insurance policies. This cover allows the driver and/or passengers of the vehicle who have been involved in an accident to claim for bodily injury. It also offers compensation for their incapacity to work or for their beneficiaries should they be killed.

There are normally different levels of driver and passenger accident insurance, so speak to your insurance representative about the options.

No-claims Bonus- (bonificacion/sistema bonus-malus) is normally valid if you have had insurance within the last two years and you have not made a claim. You will usually be asked to provide written evidence of the no-claims bonus as given by your previous company, not just a copy of your last renewal notice. Some companies may also request that this be officially translated into Spanish.

Documentation

It is now becoming common practice for the need to provide your insurance company, at the time of taking out the policy, with copies of the following:

• registration document
• up-to-date ITV certificate
• NIE/passport for the owner and named insured drivers
• driving licences of those as above

It’s worth noting that most policies in Spain cover any driver of the vehicle, however it is recommended that any additional regular drivers of the vehicle be named on the policy.

For information on foreign plated vehicles click here.

For information on ITV tests click here.

For information on breakdown insurance click here.

For information on basic motoring requirements click here.

For a free no obligation quotation click here.

To return to the home page click here.

Looking for a new car?

One of my clients is selling  her car which she has owned from new. She is expecting her first baby and is having to sell her pride and joy in favour of some thing with more doors! Anyway if your looking for a new car take a look at the details below and if your interested click here and I’ll put you in touch.

Citroen C2, 1.4 VTR Sport, 2005

• Metallic Blue
• Diesel
• Manual
• 93.000 KM
• One Lady Owner
• ABS Breaks
• Power Steering
• Alloy Wheels
• CD/Radio
• 12 CD Changer
• Central Locking
• Electric Windows
• Electric Mirror
• Automatic Windscreen Wipers & Headlights
• Airbags
• Aircon/Climate Control
• Cruise Control
• Full Citroen Service History
• MOT 2011
• Tax 2011

• €5995