Changes in the Traffic Laws, 25th May 2010

Reforma_Ley_de_Tráfico On the 25th May 2010 there was a Reforma Ley de Tráfico, a change in the traffic laws for driving in Spain. Full details of the changes are available on the DGT website, we have attached two information leaflets to the bottom of this article that can be downloaded and there is a video to watch and although in Spanish it visually explains the changes.

Alfredo Pérez Rubalcaba the Minister of the Interior intoduces the new changes, he explains that over the last five years the number of deaths caused by driving has halved and the new changes should continue to reduce this figure. Please not the following is an approximate translation of the law, we advise you to read the Spanish version for the full changes in the law.

Responsibility

Ownership

Traffic Offences Very Serious The new law states that the owner of the vehicle must have maximum diligence to ensure that the car is maintained in a legal condition and they must prevent the car from being taken by someone who didn’t have their permission or a driving license. The owner must help establish who was driving the car at the time an offence took place, the owner is deemed liable unless communicated otherwise to the Registro de Vehículos de la Dirección General de Tráfico.

Driver

The driver will be deemed liable for any passengers either not wearing a helmet if required or children under the age of 12 years if not adequately seat belted.

Minors

It is the responsibility of the parents, tutors or legal guardians for fines awarded to a minor.

Provisional Measures

Immobilisation of the Vehicle

Authorities can immobilise a vehicle for the following reasons:

If the driver or vehicle does not have authorisation to be used

Traffic_Offences_SeriousIf the vehicle is a serious risk for road security

If the driver or passenger are not wearing helmets when obligatory

A refusal from the driver to take an alcohol or drug detection test

If the vehicle is uninsured

If the driver has exceeded their maximum hours and is not replaced by an alternative

If the vehicle is carrying an excessive number of occupants than allowed

If the vehicle surpasses the noise or pollution levels allowed

If the instruments have been tampered with

If the vehicle has been fitted with equipment to elude the traffic laws

The vehicle can be immobilised instantly and at the expense of the driver who has broken the law.

Removal of a Vehicle

The authorities may deem it necessary to remove a vehicle under the following cases:

Traffic_OffencesIf the vehicle constitutes a danger to other vehicles or pedestrians

If the vehicle cannot be driven after an accident

If the vehicle cannot be left in the place is was stopped due to a danger with other vehicles and pedestrians

If an authorised vehicle remains parked in a qualified place reserved for drivers with incapacity

Speeding_Points If a vehicle parks in a designated loading zone without loading or unloading cargo or authorisation to do so

If a vehicle overstays the time limit in a parking zone

The expenses from removing the vehicle are at the expense of the owner or driver. The authority removing the vehicle must communicate the removal to the owner within 24 hours.

Scrapping of Vehicles

The authorities can order a vehicle to be removed to a Centro Autorizado de Tratamiento de Vehículos for scrap for the following reasons:

If more than two months have passed since the vehicle was immobilised in a public street

If parked for more than a month and it is impossible to trace the owner through the registration number plate

If left in a private area after a breakdown or accident and not retrieved by its owner within two months

The owner of the vehicle will be contacted a month prior to removal, if the vehicle is not removed by them it will be transferred to the Centro Autorizado de Tratamiento de Vehículos.

Examples of Changes

The following are some examples of the changes in the law 18/2009 before and after 25th May 2010.

Alcohol 18/2009 

If driving with 0.35 mg/l of alcohol in a breath test when the limit is 0.25 mg/l.

Before: A fine of €400 with a reduction of 30%, a possible suspension from 1-3 months and 4 points deducted

After: A fine of €500 with a reduction of 50%, no suspension and 4 points deducted

Speed 18/2009

If speeding at 142 kms/h with a limit of 120 kms/h.

Before: A fine of €100 with a reduction of 30%, a possible suspension for 1-3 months and noted in the Registro de Conductores

After: A fine of €100 with a reduction of 50%, if paid on time there is no mention in the Registro de Conductores

Lights 18/2009

To drive without the correct lights on the vehicle.

Before: A fine of €150 with a reduction of 30%, possible suspension for 1-3 months, 2 points deducted and noted in the Registro de Conductores

After: A fine of €200 with a reduction of 50%, if paid on time there is no mention in the Registro de Conductores

Parking 18/2009

To park in a bus lane.

Before: A fine of €150 with a reduction of 30%, a possible suspension for 1-3 months, 2 points deducted and noted in the Registro de Conductores

After: A fine of €200 with a reduction of 50% and if paid on time there is no mention in the Registro de Conductores

If you did not receive the O.R.A. notification.

Before: A fine of €310 with a reduction of 30%

After: A fine of €100 with a reduction of 50%

Summary

The penalties have been relaxed and drivers rewarded for prompt action with an increase in the discount for early payment (within 20 days) increased to 50%. More facilities have been added to the DGT website, you can have notifications of driving penalties sent by email or to your mobile phone and multa payments can now be paid online with a credit card.

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