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The Spanish Roads are Getting Safer

By: Jenny Sheen

A new driving license points system launched in Spain on July 1st this year has already cut the number of road traffic casualties by 27% according to recent figures from the Traffic Department.

According to Spanish newspaper SUR, the start of the holiday period traditionally sees the highest number of fatal accidents on Spanish roads. Between July 1st and July 16th this year however, the number of deaths caused by traffic accidents fell by 49 and the number of injuries was 16% less than during the same two weeks last year.

The traffic authorities say the new system will hit repeat offenders more than others and expect 6,000 drivers to lose their licence in the first year. Those who lose their licence are obliged to take 24 hours of classes at a cost of €320 cost with 8 points awarded at the end with successful completion of an exam.

New education centres are now being established and government targets state that by the start of next year, all residents of the country will be no further than 30 kms away from such a place. Similar schemes in Italy, France and Germany, have seen road deaths fall by as much as 40%.

Moves to make the roads safer are continuing and the draft of the new penal code, which has just been passed by the Council of Ministers, includes stricter measures for drivers breaking the law. Now judges will have the power to send those driving at more than 100 km per hour in built up areas and 190 on motorways or under the influence of alcohol to prison for up to 6 months.

According to SUR, a survey carried out by the Real Automóvil Club de España (RACE), found that 62 per% of the 2,000 drivers interviewed per province, admitted to driving at more than 140 kph per hour on the motorways - an infringement which would mean the loss of two points from a driving licence.

The New Scheme

Under the new ruling, drivers are fined for traffic offences as before, but most of the offences now carry the added penalty of losing driving licence points. Driving license points are awarded in Spain as follows; drivers with more than three years experience have 12 points, while new drivers are credited with eight.

Two extra points are awarded to drivers with three years experience with no offences and a further point after three more years to reach the maximum number of points which is 15. Deducted points will not affect drivers’ insurance policies because the points remain confidential.

Passengers can also lose points, provided they hold a license. If a passenger is stopped for not wearing a seat belt, then points will be deducted from his license rather than the driver’s as before. Failure to pay a fine will result in money being taken directly from a tax rebate or bank account. When the points on a licence reach zero, the license is automatically revoked by the authorities.

Foreign Drivers

As it stands the Traffic Department (DGT) will be unable to apply the new penalties to foreign drivers unless they are permanent residents and are on the population census. However the real question on which the penalisation depends is whether or not foreign residents appear on the Register of Drivers and Offenders, in other words whether they hold a Spanish driving licence.

The points system can be applied only to those who, out of obligation (residents from outside the EU) or for their own convenience have exchanged their licence issued by their country of origin for a Spanish one. The rest will be driving around in a legal loophole.

The situation of residents from the European Union is subject to a sentence delivered by the European Court of Justice in Luxembourg in September 2004. The court considered that Spain’s previous practice of obliging drivers who reside permanently in Spain to exchange their driving licence for a Spanish one was an “obstacle to the free circulation of persons and cannot be admitted given the progress made towards European integration”.

Nevertheless the fines and other penalties will still apply when these drivers commit offences on the Spanish roads. The Provincial Traffic Department explains that in the case of unregistered drivers, the law demands the immediate payment of the fine “on the spot” (as there is no registered address in Spain to send the fine to) or, if this is not paid the vehicle can be taken off the road.

Police are 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-residents must pay on the spot unless they can present 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.

As for foreign residents from outside Europe, mainly North Africans, South Americans and Eastern Europeans, they will not be affected by the new law if they commit an offence while driving on their original licences. However drivers are given a period of six months - when they are considered tourists - after which they are forced to exchange their licence for a Spanish one if they become permanent residents in Spain. If they do not do this their situation is considered illegal and they should not drive in Spain.

Getting a Spanish Licence

If you have been living in Spain for more than six months you are eligible to apply for a Spanish license.
Residents will need: A copy of residencia, Driving licence (original), 2 photos and a signed form which can obtain from police station. If it is being renewed at the same time - an eye test from a doctor.
Working resident documents needed: All of the above but instead of copy of residencia, the following: copy of passport, copy of NIE certificate, copy of contract (minimum of 6 months), if self employed proof of Social Security payments, justification of address (cert Empadronamiento / proof of residence of min. 6 months). Time: 2 Weeks (approx.). Price: 46.40 euros
Inscription on Driving Licence - Documents needed: Residents: copy of residencia, Driving licence, signed form. Non-residents: copy of NIE certificate, copy of passport, justification of address (cert Empadronamiento / proof of residence of min. 6 months). Time: Photocard driving licence 2-3 months (approx.) or Paper licence 2-3 weeks. Price: 46.40 euros. In both cases a justificate (copy documentation) will be given to the client, which is valid for 60 days and proves that the original is with the traffic police. This can be extended if necessary.

How you can lose points if you have a Spanish Driving License

Speeding between two and six points depending on how far above the speed limit you were travelling.
Using a mobile phone or any other apparatus considered a distraction – three points.
Not using your seat belt or helmet for bike riders – three points.
Drink driving – four or six points.

Two points will be taken for:
Dangerous parking
Using radar speed trap detectors
Forgetting to turn on your headlights
Taking a child under 12 as a passenger on a motorbike

Three points will be taken for:
Making an illegal turn
Driving too close to the vehicle in front

Four points will be taken for:
Driving without the correct licence
Taking a vehicle onto a motorway that is not authorised
Reversing on a motorway
Dangerous driving or overtaking
Blocking another driver from overtaking
Jumping a red light
Disobeying police instructions
Throwing any dangerous objects from the car – this includes cigarette butts
Driving with too many people in the vehicle

And finally six points will be taken:
For extreme dangerous driving, which could be, for example, taking part in racing, driving against the traffic and so on.
Professional drivers risk losing six points if they do not respect official rest periods

Have a safe trip!

By Jenny Sheen

Article Source: http://www.mp-spain.com/articles

Jenny represents www.spainrei.com a complete source for the real estate sector in Spain and for people looking to buy Spanish propertyand www.oppspain.com specialists in new developments and off plan properties in Spain offering investment advice for private buyers and big investors.

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