British driving licence and Residence in Spain

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28 Sep 2012 4:53 PM by gazzerb Star rating in Malaga/Winchester. 34 posts Send private message

 I'm not sure if this is the case here in Spain but it wouldn't suprise me if it wasn't the case:

 

In the UK you cannot drive a foreign registered car that is registered to you in that foreign country when you, the driver, has a UK driving licence. That is because the Authorities cannot trace you in the event of a traffic offence.

Not many Enforcement Officers would know this but you might just get stopped by one who does on your annual sojourn to Blighty!

 

I go once a year , in my wife's car, which is perfectly legal because I always have a letter of consent to allow me to drive her car, a requirement here (at least it was) and certainly is in France. Proof that you haven't stolen the vehicle.

There is also some kind of restriction on Spanish nationals driving foreign registered cars here in Spain. Similar reasons from above.

 



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28 Sep 2012 5:17 PM by johnzx Star rating in Spain. 5242 posts Send private message

Gazz

In Spain if one is resident then they may not drive a non-Spanish registered vehicle, except in an emergency.





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28 Sep 2012 9:08 PM by robertt8696 Star rating in Midlands, UK. 479 posts Send private message

 Sanchez1, your quote,

"A UK licence has specific duration (mine lasts until 2047!!!)"

This is true, but it is valid for a duration, but it has a valid life of 10 years for the plastic card part with your details and picture on it. This is because as you age your looks alter and as a result you may look quite different from ten years previously. Many people do not realise that a new picture needs to be supplied to the DVLA  and the DVLA do not make this clear, but it is a legal requirement that is a finable offence. (usually they revoke the licence till updated, which means there are probably many driving without a current valid licence)

I think that as all EU licence particulars are harmonised throughout the EU  this regulation will be found to be enforcable with a Spanish licence too.





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30 Sep 2012 8:28 PM by Nicky71 Star rating in Orihuela/Sussex. 37 posts Send private message

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Reading through this it looks as if you are like some are getting all up tight about it all.



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01 Oct 2012 11:04 AM by 66d35 Star rating. 243 posts Send private message

If you think there's any mileage in arguing with a guy carrying a gun, you're a fool.

You are even more of a fool if you do not realise that this is what lawyers are there for. Use them.

As previously stated, you can make use of the legal cover in your insurance to do so.

 

 

 

 





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01 Oct 2012 8:09 PM by Alan63 Star rating in Orihuela. 50 posts Send private message

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My Solicitor told me I should change my driving licence.



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01 Oct 2012 8:21 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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 As any lawyer/solicitor/gestor worth his salt should. I know I said I had made my final comment on the matter, but 66d35, you're too funny! We've already established that you do indeed have to change your licence eventually - the only voluntary bit is precisely when you choose to do it. Paying a lawyer to fight this is just throwing good money after bad - the bad being the fine you may have to pay, and the cost of recovering your impounded vehicle you may have to pay. You may never have a problem with your UK licence - but I know I'll never have a problem with my Spanish one.



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02 Oct 2012 12:10 AM by 66d35 Star rating. 243 posts Send private message

Paying a lawyer to fight this is just throwing good money after bad

Please read replies more carefully in future.

As I stated - and as another poster also pointed out - this will be covered under the "Legal Assistance" clause of your car insurance. That is why it is there. To cover the costs of unjust claims and prosecutions.

 

 





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02 Oct 2012 1:31 PM by 1962 Star rating in Iznalloz. 181 posts Send private message

Roberto always gives correct advice, he knows what he is talking about, I have read his replies since I joined over 3 years ago and he knows his stuff.



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02 Oct 2012 8:11 PM by 66d35 Star rating. 243 posts Send private message

the bloke down the pub who knows best, etc.etc., and keep it in your car to show the nice man with a gun when you get stopped. Of course, it won't make any difference if he's having a bad day and decides to fine you or impound your car, but it'll make you feel smug that you know the law better than him as you watch your car being towed off to the pound!

Ranting on about guns and seemingly not even being aware of the legal cover offered by motor insurance policies is not "good advice". It is hysterical nonensense.

 

 

 





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02 Oct 2012 11:02 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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Perhaps you prefer to take your chances and trust your blind faith in theoretical legal cover and insurance policies. Most on this forum have sadly experienced how theory often turns out to be different from practice. Maybe the saying "Prevention is better than cure" would satisfy you as sound advice?



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03 Oct 2012 2:43 PM by 66d35 Star rating. 243 posts Send private message

"Take your chances"? You are seriously suggesting that the police here are in the habit of shooting people who dare to argue with them?

Good grief.





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03 Oct 2012 4:22 PM by Nicky71 Star rating in Orihuela/Sussex. 37 posts Send private message

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Now now, ladies.



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06 Oct 2012 5:08 PM by Alan63 Star rating in Orihuela. 50 posts Send private message

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I rang my insurance (linea directa)and spoke to the legal department and they told me I should take my english licence to the trafic office and have it changed????!



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07 Oct 2012 1:00 AM by foggysdad Star rating in Chesterfield, UK. 56 posts Send private message

The law is clear, you DO NOT need to change your licence

Common sense is clear that you SHOULD change your licence due to over eager police

Why potentially have problems with the "men with guns" even though they may be wrong to fine you.

Who needs the hassle on the road with wife and family next to you





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07 Oct 2012 5:47 AM by robertt8696 Star rating in Midlands, UK. 479 posts Send private message

 Just a thought about this situation, if you have registered with the Spanish authorities as a permanent resident why would you wish to retain an English driving licence? The situation is pretty clear throughout the EU, if you are resident in a particular country you should exchange your documents for the country of residence. You have registered as a resident in another country which is one type of document,so what makes the changing of your driving licence so different that you MUST keep it?

The exception to changing a driving licence is if you are staying resident between Spain and England and not moving to Spain permanently, but then you must decide which country you are spending most time in , as you will stay in one or the other more than 183 days, and then register your licence in that country





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07 Oct 2012 10:50 PM by Alan63 Star rating in Orihuela. 50 posts Send private message

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This is some information i found on the EU web site.

Driving licence

Updated : 12/2011

Validity in EU countries

I'm settling in another EU country

EU driving licences

Before you move to a new country, make sure your driving licence has not expired.

Provisional licences or certificates issued in your home country will not be recognised in other EU countriesRetour au texte en cours..

In this case, the 27 EU member states + Iceland, Liechtenstein and Norway

 

 

 

If you move to another country, you can drive there with your current licence as long as it remains valid.

However, you will need to check that you meet any requirements regarding licences in your new country, such as shorter validity periods or medical checks.

Categories A1, A, B1, B, C1, C, D1, D and E in your original licence are recognised throughout the EU.

Most EU countries do not recognise licences issued to drivers under 18. However, once you turn 18, your licence will be valid.

If you are under 18 and have a valid driving licence in your home country, it will be recognised only in the United Kingdom, Ireland, Austria, Hungary and Iceland.

Renewing / converting licences

You can only have your licence renewed (or converted from a licence from another country) by the authorities of the country where you are registered as a resident.

They will exchange your original driving licence for one from that country. You will then be subject to the same rules as nationals of that country regarding validity periods, medical checks and so on.

EU driving licences issued in exchange for a non-EU licence

If you have an EU driving licence that has been issued in exchange for a non-EU licence in the country where you now live, and you wish to move to another EU country with your converted licence, you cannot assume your new licence will be recognised there.

You will need to check with the local national authorities in your new country which conditions apply for recognising non-EU licences.

The EU driving licence you were issued when handing over your home licence should contain a code (70) indicating the country that originally issued it.

 

 

I found this here.

http://europa.eu/youreurope/citizens/vehicles/driving/validity/resident_en.htm



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08 Oct 2012 12:29 AM by robertt8696 Star rating in Midlands, UK. 479 posts Send private message

 All very well and good Alan, and i am in total agreement with that , but the question still remains, you quote,

"If you move to another country, you can drive there with your current licence as long as it remains valid."

I ask again, if you DO take up residency in Spain and complete the relevant residency documents, what is the point of retaining a driving licence from another country that you now have nothing to do with? Is it just wishful sentimentality on the part of the licence holder making them reluctant to part with the last vestige of imperial regulation? They still have a UK passport till they become a Spanish citizen is that not the final link with the homeland rather than the driving licence?

It all seems a very strange state of affairs that anyone should be so passionate about keeping the UK licence when they no longer wish to live in the UK. Would it not just be wiser (and easier) to exchange the licence for the one issued by the country of  permanent residence?





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08 Oct 2012 8:16 AM by 66d35 Star rating. 243 posts Send private message

One valid reason, for some, can be the loss of category entitlements. Important if you return to the UK and need to rent or drive vehicles in those categories.





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08 Oct 2012 9:29 AM by Alan63 Star rating in Orihuela. 50 posts Send private message

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I think when you get your licence changed & have the medical, If you are a truck dirver the medical is a bit more extensive but you wont loose catagories if you do it right. If your blind you might.

Any way, I google translated the boe law.

4. The holder of a license issued in one of these states has taken up normal residence in Spain shall be subject to the Spanish provisions relating to its term, control of their mental and physical fitness and allocation of credit points.
In the case of a driving license is not subject to a specific duration, the holder shall ensure a renewal after two years since normal residence in Spain, for the purposes of applying the terms of validity under Article 12.

 

Article 12. Term of the permit and driver's license.
1. The driving license BTP classes, C1, C1 + E, C, C + E, D1, D1 + E, D and D + E will have a term of five years while the holder does not meet the sixty-five years and three years after that age.
2. The remaining classes permit and driver's license, regardless of class, will have a term of ten years and the owner does not comply with the sixty-five years and five years after that age.

If on the EU web page it states that,  I quote "However, you will need to check that you meet any requirements regarding licences in your new country, such as shorter validity periods or medical checks" and the Spanish law states the above, basicly that I do have to change my licence if Im a resident for two years. I did see the bit where it says this is voluntary but the same applys to paying your rates (IBI) its voluntary, but if you dont do it buy the sipulated date you get a nice 20% fine. So it seems to me (hey! and who am I) that the Law Sates clearly that I do Have to change my licence. If Im wrong then Im not wanting to be a Sh*t sturer but it would be nice to see where the law says otherwise as it seems quite clear in the Spanish law what needs to be done and it seems that european ruling respects the particular law in each member state on some of these finer issues. It would be a laugh to find out what happens in the U.K. if a Spanish person becomes resident there. It sounds all so nice quibbling about European law etc but where is it stated please. So far it seems that all the Spanish offical administation offices are not all saying conflicting statements about this issue but there is total conflict on this forum! and based on what..... ?

I connot comprehend that the police in this day would dare to just fine someone with out the backing of clear directives, I have a friend who is a guardia civil and I was with him on saterday. He though it was very funny that we should think such a thing. He would loose his job if was fineing people without proper cause. Not his exact words but near enough. Im not wating to say that Spain is right and perfect, I am one of those who ended up with a illegal villa which is another story & I an well peaved about that.

Oh yeh, Almost forgot. It seems that if you are a resident and I have a licence that lasts for another 20 years, under Spanish law it has to be changed within the two year period. according to article 12 a licence in spain only has validity for 10 years at the most. and my English licence no matter what is on it as a resident here is only valid for the first two years of my residencey.

Anyway, can stay Im off to Join the line in Trafico and get my licence changed.

Al.


 


This message was last edited by Alan63 on 08/10/2012.

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