the high incidence of road accidents, fines for traffic
offences are strictly enforced in Spain.
compulsory for non-residents to pay the traffic fines
on the spot.
traffic ticket issued on imposing the traffic fine shall
contain the following items:
Description of the vehicle's offender (plate number…).
of the offender.
Description of the offence.
police agent identification number.
term for appealing.
limits in Spain are as follows: 20 kph in residential
areas, 50 kph in built-up areas, 90 kph in country roads,
100 kph in dual carriageways, 120 kph on motorways, 80 kph
for cars towing a trailer on divided highways and 70 kph on
for offences that the Spanish traffic law provides
fines in Spain are calculated on the severity of the
offence. Often, the speeder doesn't know he has passed a
radar or photo checkpoint until he gets his printed notice
in the mail.
fines range up to € 1,500 . The offenders may also
face suspension of their driving licenses for a period of up
to 3 months.
highest fines, which range from € 301 to € 1,500
are imposed for committing the most serious traffic
infractions that the Traffic Spanish law provides.
In this case the offender may also face suspension of
his driving license for a period of up to 3 months. Some
of these infractions are the following:
Exceeding maximum lawful speeds; at least 30 kph
over the speed limits.
Driving a motor vehicle in Spain under the influence
of drugs, or under the influence of alcohol, when
exceeding the alcohol limit.
Refusal to cooperate to take a breathalyzer test to
analyse the amount of alcohol or other drugs in the
Rash driving endangering other people.
Exceeding the number of persons permitted to ride in
a vehicle. These shall not exceed 50% the maximum
approved for the specific vehicle..
offenders commit serious traffic infractions such
as driving in a negligent manner, speeding, driving
without lights, parking in dangerous places… may face
suspension of their driving license for a period of up
to 1 month, and fines that range from € 91 to € 300.
commit a minor traffic offence, such as using
your mobile phone while you are driving (unless your
vehicles is provided with a hands free system), riding
minors under 12 years of age in the front seat of your
vehicle (unless it is provided with homologated safety
protection), riding minors under 7 years of age in a
motorcycle, stopping at a zebra crossing during more
than 2 minutes, you may be imposed a fine of up to €
mandatory for Spanish cars to be fitted with seat-belts.
It is required for all occupants, whether in the front or
back seat of a car using the vehicle safety belt. You can be
fined for not fastening it.
offender may get up to a 30% fine reduction if he
pays within the legal term, before the Traffic
administrative authorities have passed a definite resolution
about the traffic infraction.
who is fined three times in Spain for committing any
of the most serious infractions within a period of 2
years, may have his driver's license definitively
3. If you
are charged with a traffic offence in Spain
empowered to collect fines of up to 300.51 euros on the
spot. Normally commission of traffic offences are
notified on the spot, however, in some justified
reasons, these may be notified afterwards. e.g. the fine may
be imposed when the vehicle was parked.
Foreigners non-resident must pay on the spot unless they
can present a Spanish bail bond or an address in Spain or
company who will guarantee payment of the fine. If the fine
cannot be paid or guaranteed, the vehicle will be impounded.
Normally there is a discount of 30 percent for immediate
settlement. You should pay the fine first, it is necessary
for the policeman to permit you to continue your trip.
that you are Spanish resident, if you do not receive
written notice from the Spanish Traffic authorities
within 3 months from commission of a minor offence,
or 1 year since commission of a serious or most
serious traffic infraction, the traffic fine, which should
have been imposed, will be then extinguished.
There is a
system of points loss (a driver starts up
with a total of 12 points, 8 points for new drivers-up to
three years) to punish traffic infractions, which applies
along with the monetary fines. Once a driver has lost all of
his points, his driving licence is revoked. The way to get a
driving licence back is attending a traffic sensibilization
and re-education course.
instance, driving while drunk may imply a loss of up to 6
points, as well as driving 50% faster than the speed limit.
Driving along roads with a prohibited vehicles for that road
may imply a loss of 4 points, as well as driving without the
relevant permit. Using a mobile or hear phones while driving
may imply a loss of 3 points, etc.
responsible for committing the traffic offence?
vehicle's owner is responsible for those infractions
referring to the vehicle's documentation, the vehicle's
safety conditions and non-fulfilment of the mandatory
vehicle inspection (ITV).
driver is always responsible for the traffic
violation, regardless he is the owner of the vehicle or
not. If the report of the police stating the traffic
violation is notified to the vehicle's owner without
regard to the offender, the owner shall inform the
police about the name of the offender, whether he or a
third person has committed the traffic infraction.
the offender is under 18 years of age, either his
parents, tutors, or those persons in charge of the minor
guardianship, will be jointly responsible for the
economic fine he is been imposed.
can you protest the fine to the traffic authorities?
If you want
to dispute the charge you have been imposed with, you have
15 working days to file a written dispute before the
traffic authorities, you can write your argument in English.
You should have previously facilitated an address in Spain
for this purpose.
traffic authorities may not accept your protest, their
resolution may be appealed (recurso de alzada)
within one month. You may also appeal against the second
resolution of Spanish traffic authorities before going to
Spanish courts. You will do well to have a
Spanish Lawyer handle your
only general guidelines and not definitive statements of the
law, all questions about the law's applications to
individual cases shall be directed to a Spanish lawyer.
related crimes in Spain
infractions may entail the commission of a crime, the
offender then shall pay an indemnity for the damages or
injuries he had caused, regardless of the legal punishment
he may be charged with.
Driving a motor vehicle in Spain under the
influence of drugs or alcohol is penalized either
with 8 to 12 weekends of arrest or similar fine instead,
and deprivation of the driving licence for a period from
1 to 4 years.
driver under the influence of drugs or alcohol is
involved in a car accident, may also be charged with
other crimes such as homicide by misadventure (homicidio
involuntario) and therefore should pay and indemnity
to the prejudiced person.
Refusal to cooperate to take a breathalyzer test
to analyse the amount of alcohol in their blood will
be treated as disobedience, punishable by a term of
imprisonment of 6 months to 1 year and
deprivation of the driving license.
driving endangering other people may be punishable
by a term of imprisonment of 6 months to 4 years and
deprivation of driving licence for a term of 1 to 10
terms, when a person operates a motor vehicle carelessly or
without exercising due care for the safety of others may be
punishable either by a term of imprisonment of 6 months
to 2 years or fines ranging from 3 to 8 months.
of your vehicle in Spain
police may seize your vehicle in any of the following
event of an accident, when the vehicle cannot go
vehicle is believed to be abandoned.
vehicle is illegally parked.
foreigner non-resident refuses to pay the fine he
is being imposed.
The car may
be released after paying the corresponding fees. The
owner is entitled to request the fees paid to the
responsible for the car accident.
Article by iAbogado Servicios Jurídicos SL (Madrid, Spain).
www.iAbogado.com for more
original content like this.