Fined for driving in Spain on EU licence

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Fined for driving in Spain on EU licence


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Old 27th February 2020, 08:46 PM
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Default Fined for driving in Spain on EU licence

Asking on behalf of a colleague because I'm struggling to find the applicable legislation.

EU citizen, moved to Spain about a year ago, got his green cert in Jan 2019. Brought his car and got it onto Spanish plates and thought he was all legal. I admit that I thought so too.

But earlier this week he got stopped and the GC handed him a penalty notice and fine for driving without a valid licence. He argued that as his EU licence had no expiry date he was not obliged to exchange it for a Spanish one yet but they said that this was under the previous law and that it was no longer the case.

I think he should challenge it, but have I missed something? He's thinking of just paying to get the discount.

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Old 28th February 2020, 03:13 AM
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While not a primary source, this indicates your colleague had a minimum of two years to exchange a license with no expiration under eu law:

https://europa.eu/youreurope/citizen...n/index_en.htm

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Old 28th February 2020, 06:36 AM
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Hola

Under European law the driving licence must be renewed every ten years from the date of issue.All EU countries agreed to the EU rules on the 19th January 2013 if my memory is correct.

If his licence does not have an expiry date then it is not legal; there was a cut off date by which time all such licences had to be exchanged

Davexf

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Old 28th February 2020, 06:52 AM
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Quote:
Originally Posted by Overandout View Post
Asking on behalf of a colleague because I'm struggling to find the applicable legislation.

EU citizen, moved to Spain about a year ago, got his green cert in Jan 2019. Brought his car and got it onto Spanish plates and thought he was all legal. I admit that I thought so too.

But earlier this week he got stopped and the GC handed him a penalty notice and fine for driving without a valid licence. He argued that as his EU licence had no expiry date he was not obliged to exchange it for a Spanish one yet but they said that this was under the previous law and that it was no longer the case.

I think he should challenge it, but have I missed something? He's thinking of just paying to get the discount.
It depends on the categories on the licence as to when you have to renew, but the DGT does say that you have two years to do so, even with those categories.

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Old 28th February 2020, 06:56 AM
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I believe that residents in Spain have to change their licences to Spanish ones within 2 years of becoming a resident.

Spanish Solutions | Spanish Driving Licences

https://www.facebook.com/pg/DrivingS...=page_internal

N332
21 December 2017 ∑
Brisith Driving Licences

Many British Drivers with normal residence in Spain, still thinking they do not need to exchange their driving licences due to two mains reasons;

1- They can wait till it expires to exchange it (Despite of the fact that their licences were issued for more than 15 years and according to the European Decree 206/126 CE, they must be renewed.)

2- They do not need to change them because their licences are issued for 10 years. (Taking as a reference the validity date below the photo of their licence.) So they are complying with the EU regulations.

We would like to share this article from Spanish Solutions (an es*tab*lished legal and tax firm on the Costa Blanca), where they explain why nowadays many drivers are driving illegaly on the Spanish roads, risking themselves to be fined.
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Old 28th February 2020, 07:01 AM
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Quote:
Originally Posted by stevesainty View Post
I believe that residents in Spain have to change their licences to Spanish ones within 2 years of becoming a resident.
You have misunderstood the laws.

The article you linked to is correct.

You do NOT have to exchange within 2 years UNLESS;

(1) The d/l is issued for more than 15 years
(2) Categories C and D are for more than 5 years


The facts are clear but people misinterpret them all the time
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Old 28th February 2020, 07:10 AM
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Thank you for that snikpoh.

However, if the person who was fined had exchanged his licence, he would not have been issued with the fine in the first place. If the fine was erroneous, it would cost a lot more than the 50% of the fine to contest it. IMHO

I really cannot understand why you would not wish to exchange your licence once you become resident, as soon as possible, rather than wait until the last minute.
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Old 28th February 2020, 07:26 AM
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Quote:
Originally Posted by xabiaxica View Post
It depends on the categories on the licence as to when you have to renew, but the DGT does say that you have two years to do so, even with those categories.
I think this thread will turn into one of those threads! Did we not ( OP excluded) have this discussion a few weeks ago.

The facts are clear, you have two years in which to exchange your licence. Unless you live in ................ (fill in town of your choice) where apparently itís clear you donít.

When we received our original green card for residency, the police official actually made a point of telling us to renew our licence within two years.

OP have no idea, maybe itís an over zealous post Brexit error?
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Old 28th February 2020, 07:31 AM
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Thanks for the replies so far, but sadly, most of the pages linked to are resources that we've already seen and read.

Unfortunately, the DGT website is not legally binding, so he doesn't feel comfortable appealing against the fine based on information which goes against what the Guardia Civil told him.

He has, of course, started the process to exchange his licence now (he has an appointment in trŠfico today), but he feels a bit aggrieved that it appears that information on official websites is not reliable.

I think that maybe davexf is onto something. Maybe it is not the issuing country which is the root of the problem, just that the licence he presented has no expiry date.

I still feel a bit uncomfortable with not finding the real applicable law that confirms his guilt, or innocence though.

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Old 28th February 2020, 08:31 AM
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Quote:
Originally Posted by Megsmum View Post
I think this thread will turn into one of those threads! Did we not ( OP excluded) have this discussion a few weeks ago.

The facts are clear, you have two years in which to exchange your licence. Unless you live in ................ (fill in town of your choice) where apparently itís clear you donít.

When we received our original green card for residency, the police official actually made a point of telling us to renew our licence within two years.

OP have no idea, maybe itís an over zealous post Brexit error?
I had not seen this post when I replied earlier, but I think I need to clarify.

This is nothing to do with Brexit, or changes introduced for UK licences by Brexit. My colleague is not British, he is a "real EU citizen". So we should not consider this to be a re-run of the previous threads about driving in Spain on a UK licence, which as we know is quite a different issue now.

Have spent some time looking through Spanish legislation this morning based on some good info here, I will post back if I actually find an answer in law!!!
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