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Illegal UK plated cars

12K views 49 replies 17 participants last post by  xabiaxica 
#1 ·
Ok so we all know its illegal to drive a uk plated car if you are a resident in Spain but what are the repercussions? The reason I ask is that there are at least 2 illegal cars in my urbanizacion and I wonder how they manage to escape the Guardia. What would they be looking at if they were caught?
 
#3 ·
yes, they do that around here too :clap2:

somehow or other one family (now returned to the UK after being here 5 years) managed to get away with it though - I could never understand how - their car wasn't the usual run of the mill car & it had very memorable numberplates :confused2:
 
#4 ·
Yes, they do the school thing around here too. Its also worth noting that if the car is here illegally then inspite of what the insurance companies tell you. If you need to make a claim, then the vehicle is illegal and they wont pay up - so therefore its uninsured, unless you can prove its only here temporarily

Jo xxx
 
#6 ·
We've been through this before, Jo.:) It is the driver that is illegal. When I had a (legal) UK -plated car -it was nearly new and therefore in no need of MOT but was taxed - I worried about what would happen were I to keep it here until the tax ran out. I discussed this with the insurance company and received confirmation in writing that I would be insured even if any MOT and tax ran out. As it happened my son drove it back to the UK and sold it. I sold another UK plated car to an Anglo-Spanish couple who swore they would put it on Spanish plates. That was two years ago and it is still being driven round here on UK plates with presumably no tax or MOT.

There are in the UK very few instances where your vehicle will be without insurance. You can drive without MOT, tax and still have valid insurance.

The Road Traffic Act 1988 clearly states when an insurance company has no legal obligation to pay up. Lack of vehicle licensing tax and /or MOT are not listed conditions. Driving whilst disqualified is, though...hence the levy on insurance companies to cover payouts for those involved in accidents with non-insured disqualified drivers.

Whilst it is true that in Spain it is illegal to drive a UK plated car after a certain period and if you are resident, that fact in itself is a good reason for not doing so.

An insurance company may fail to pay up after an accident for a variety of reasons: failing to have the required medical check-up after a certain age, perhaps?

If non-possession of an ITV or proof of tax paid were sufficient cause to render the insurance on a Spanish-plated vehicle invalid, I fear an alarmingly high number of vehicles would be uninsured.

I often wonder why the police don't focus on LHD cars with UK plates....they are obvious candidates for non-compliance. Loads of them round here, mainly high-end vehicles...
 
#7 ·
The Guardia threatened to crush my car when they pulled me for driving on UK plates--- luckily I was in the process and had a letter from my lawyer to show the Guardia if I did get stopped-so I was ok.
Apparently UK plated cars around here are being stopped-- but there still seem to be lots of them around..........................
 
#9 ·
The reason that I was given by Trafico (not the Guardia actually, but a different dept.), is that it would cost too much to store them prior to them being matriculated or crushed.


The reason that the local and national police do nothing about it is that it was not in their jurisdiction - I am told that it is now part of the National Police's remit.


Does seem strange though as I'm sure it could be a money spinner - but only if people came forward to pay the fines!
 
#14 · (Edited)
It might be me but I can't find any reference in any official sites, regarding a "medical certificate to accompany their UK licence if using it in Spain as required by a 2009 law"


Just found this.... But it doesn't come from an official UK government website. In fact, their terms of use state:

This Helpsheet Website is not affiliated to any government or official organisation. It is intended to be used as a source of informal help and advice. However, the authors are not legal specialists and are providing their interpretation of Spanish legal issues and laws. Before acting on any of the advice and/or content within this website, you should contact a legal specialist for expert legal advice.

http://www.drivermedicaltest.es/
 
#17 ·
The rules are that up to the age of 45 you have to have one every 10 years, and 45 -70 every 5 years, over 70 every year. these certificates can only be obtained from specified doctors.

I'm about to swap my licence and undergo the medical which includes a test of your reflexes and co-ordination and an eye test.
 
#18 ·
Depends on the mood of the Guardia civil. There are many of them who do not like to trouble expats, there are others who really love to turn the screws. Mostly they turn a blind eye showing good will.
The rules are simple but also contradictory...welcome to Spain.
On the one hand under Spanish traffic laws you can only keep a Uk registered vehicle on the Spanish road for 6 months. but because there is no way of knowing how long the vehicle has actually been in Spain this law is rarely enforced.
Conversely, under EU law any EU vehicle may be in Any EU country for any length of time, withou sanction so long as it is legally on the road, taxed insured, etc.
 
#20 ·
Conversely, under EU law any EU vehicle may be in Any EU country for any length of time, withou sanction so long as it is legally on the road, taxed insured, etc.
Can you cite the source for this within the relevant EU law??

There are variations relating to such issues ...no uniform policy common to all EU member states.

It is a mistake to assume that all laws are the same across all EU member states.
Some are, some aren't. Most EU Directives allow latitude for national sensibilities.
 
#24 ·
I think that there are many who want to do this right but it's hard to get all the correct information.

There are many who flout the laws and take a chance.

Regrettably some who have tried to do the right thing or even were not sure what to do (no excuse, I know), get caught by a guadia who knows what he's doing and maybe even is fed up with the ones who flout the laws.

I bought new when I arrived in Mallorca and to be honest, It annoys me when I see the same foreign cars (not only English) here, through the winters and the summers, for many years.

Maybe it could be a case of, stop taking the mickey, we are not as stupid and layed back as the foreigners think?
 
#27 ·
All things related to a particular UK reg. car ie Insurance, current MOT, are kept on a central DVLA computer, and a car cannot be taxed without these. Police have access to this computer and can check up when one of the above is missing, and can haul people in for not being legal on the roads.Car tax can be done online, we often do this for our son to help him out.
 
#28 ·
Cars abroad

From the Government website:
If a UK registered vehicle is taken abroad temporarily, it remains subject to UK law. This means that you as the keeper, must by law make sure that the vehicle stays taxed while it’s overseas. Providing the vehicle has a current MOT certificate and insurance, you’ll be able to tax the vehicle.
 
#29 ·
From the Government website:
If a UK registered vehicle is taken abroad temporarily, it remains subject to UK law. This means that you as the keeper, must by law make sure that the vehicle stays taxed while it’s overseas. Providing the vehicle has a current MOT certificate and insurance, you’ll be able to tax the vehicle.
Yes you can re tax abroad, using the online website, I did it from HK for my son. However it is best to have all the other relevant details, when you do this ie, Car Reg Papers, Mot certificate and number, Insurance co details, most of these are already recorded on the DVLA website, but I have sometimes had to refer to them whilst completing the online details, then when complete they send the new tax disc to a UK home address within 10 days normally, in my case my sons-where his car is registered, within 10 days normally, I am not sure If you could have the Tax disc sent to Spain though.
 
#46 ·
you can re-register from commercial for private use and you can re-register from private to commercial - no doubt there are some exceptions (a panel van with no windows in the rear for example would be difficult to get registered as private)

There are exceptions with most things in Spain because nothing is ever easy lol, but as a general rule these are the guidelines.

Don't people get snotty? :boxing: :D
 
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