HEALTHPLAN MAGAZINE

A driving licence is one of the most important documents that a driver must carry when driving in Spain.

Despite this obligation and that non-compliance carries a stiff sentence of up to six months in prison, official figures have revealed that more than 100,000 drivers are still regularly taking to Spain’s roads without one.

Data from Formaster, la Asociación Profesional de Empresas Formadoras en Logística show that during the last six years, 2.6% of the traffic fines issued in Spain were due to drivers either not having a licence or driving with one that has already been suspended.

This equates to around 103,000 people driving each day without the corresponding driving permit.

Driving without a licence or driving with one when all the points have been lost is classed as a crime in Spain against Road Safety according to article 384 of the Penal Code.

As highlighted previously, the sanctions for such an offence can be harsh with six months in jail, large fines and in some cases community work sentences of around 90 days.

Less serious cases are considered for example when a driver gets behind the wheel with an expired licence, for driving a vehicle that is not covered by the licence or when the licence is not recognised or approved in Spain. In such cases, fines can be less severe, however, the loss of 4 points and fines of between 90 and 200 euros are still likely.

Then there is the question, “If they don’t have a licence, they are most likely not insured either. What happens if they hit my vehicle?”

It’s hard to say, however, it is very likely that a very lengthy legal battle could ensue in order to recover any losses you may have incurred.

How does the driving licence points system work in Spain?

In Spain, you start with 12 points on your licence which is reduced to eight points if you are a new driver and have been driving for less than three years.

If you do not lose any points after 3 years of driving you gain two points and receive another one point after four years of clean driving. So this would mean you can have a maximum of 15 points on your licence.

As a rule, for any one offence, you can lose between two and six points. Once you have lost all of your points, you will lose your licence for either six months if it is your first offence or 12 months if it is not the first time.

Learn more about the driving licence points system in Spain.

How do I get my licence points back?

If you only have a partial loss of points you will be able to recover up to six points by attending a road safety awareness course which lasts around 12 hours.

After two years of safe driving, you will recover all of your points, however, if you lost them due to a more serious offence, this could be extended to three years.

If you have lost all of your points, you will need to attend a road safety education course which will last around 24 hours. This course can be attended during your six or 12-month ban. You will also need to resit your driving theory test.

Once your ban has expired, you will recover eight points which will grow over time as long as you do not commit any further offences.

You can read more about recovering your points here.

What’s the latest situation with British driving licence holders in Spain?

This has been an ongoing saga since the UK left the EU with both countries unable to come to an agreement on the exchange of licences.

Since May 1, UK driving licence holders who live in Spain have been unable to legally drive in the country.

Previously there were a number of extensions to the deadline, however, no further extension was announced following the most recent discussions meaning that UK licence holders were left in a state of limbo, unable to drive and reliant on public transport.

In a recent announcement on June 17, Ambassador to Spain Hugh Elliott said that the UK and Spain were “now in agreement on the core issues that have been problematic and we’re very close to finalising the actual text on the agreement. He assured drivers that they would be back on the road by the end of July.”

Mr Elliott also confirmed that “the agreement will provide for the ability for residents to exchange a UK licence for a Spanish one without having to take a Spanish driving test.”

Source

https://www.20minutos.es/motor/movilidad/mas-de-100-000-conductores-conducen-sin-el-carnet-en-vigor-y-la-sancion-puede-llegar-a-ser-de-6-meses-de-carcel-5028054/