non-resident UK Licence/Spanish car

Hi,

I'm sure this question has been asked a thousand times so I apolgise in advance but I can't seem to find the exact information I need for my particular case.

I have my NIE and certificate of empadronamiento in Murcia but I have not applied for full-residency as I have never needed it. I am currently driving my boyfriend´s Spanish reg car. He is Spanish, the car is registered in his name and I am on the insurance document as a second driver.

I visited Trafico to ask them if I needed to change my licence and they told me that as I don't have residency I can drive on my UK licence. I asked if I should apply for residency and change my licence but all they said was that it wasn't obligatory and if I was stopped by the police they should accept my licence (they weren't very reassuring to be honest!) They also said that the EU keep changing the laws so what they told me might not be relevant in the future!

I have been stopped once since by the Guardia Civil and after some hestitation they let me on my way without saying anything, however, my boyfriend was in the car at the time. I'm worried that if they stop me when I'm alone they'll have a problem with me driving a Spanish car, not registered to me, on a UK licence, especially as it means I'm not on the points system?

I've also just read that you need a medical certificate regardless of where your licence is from or your insurance is invalid. Is this true?

In the long-term I'm going to apply for Spanish residency but I need the car now to travel to work so I'd like to know how urgent changing the licence is.

Many thanks to anyone who can help!

The need to have a medical cert only applies if you are resident.  (Also, if resident then one can only drive Spanish Reg vehicle). 

If one needs the medical cert, then it must renewed periodically as it would be if one had a Spanish licence.  Having a Spanish D/L requires that one must have a medical cert, regardless of what age one is.  Driving a non Spanish DL, asa resident, without a  medical cert, means you do not have a valid DL and not having a valid DL mean no insurance is valid.  This unlike the UK

When you are driving someone else’s vehicle, and they are not with you, you are required to have a letter of authority (in Spanish) authorising you to use the vehicle.

If you have been in Spain for 3 months permanently, or a total of 183 days in 12 months, or your home is here, then you are resident.   Char,  I get the impression from your post  that you may in fact be resident by your presence in Spain and if so you should have applied for the EU Registration Cert.    

I believe one can drive on an EU  or on a Spanish one.  I know many who do, although that does not confirm it.

 Having a Spanish D/L requires that one must have a medical cert, regardless of what age one is.  Driving a non Spanish DL, asa resident, without a  medical cert, means you do not have a valid DL and not having a valid DL mean no insurance is valid.  This unlike the UK

The story about driving on a UK licence without a medical was shown to be another "rumour control". Several sites show where people have contacted trafico to be told that you can drive on a UK licence until it expires and that no medical is required. The bit about "you do not have a valid DL" without a medical cert is not true.

We changed our licences about 18 months ago. We were not required to have a medical unless there was less than 12 months left before the licence expired. The letter that came with the licence says we will need medicals when we reach the age of 70 and then every 5 years after that (we were both 63 when we changed our licences).

I'm sure that if a medical was required, trafico wouldn't have given us Spanish ones and would have informed us.

This is the reply one reporter got from the Jefe at trafico:

"If you have a European licence with a valid and visible expiry date, you are not obliged to change it until it runs out. You can always do it voluntarily before this date as long as you are a resident in Spain. However, if you hold a UK or European driving licence with NO valid expiry date, which means the old fashioned paper version in either green or folded pink and has no photo on it, then you have until 19th January 2015 to either exchange or inscribe it at trafico. This is the time limit decreed by the European Community Directive 2006/126/CE for this type of licence.  The medical centre revision tests are only for those wanting to exchange or inscribe their licence with trafico".

These replies were recieved well after the rumours that Brits would need a medical after January 2013.

I agree you should have a letter of permission if you are driving someone else's car. I have one in the car from my husband as the car is in his name.

This is Dave, Mari's husband. Mari has it slightly wrong. We need a medical in 5 years and then one every 2 years when we get to 70. That means we need one at age 68 and then 2 years later when we reach 70 then every 2 years.

As a Spanish speaker, I took my neighours to trafico in Alicante to change their licenses. The procedure was:

Take passport and copy. UK photo driving license plus the counterpart and a recent photograph (same as a passport photo but with a white background - we took two but only one was required). Residence certificate (the one that shows that you registered on the EU foreigners register and shows your address and NIE number). A padron dated within the last 3 months. A form issued by trafice on which you state you have no other EU driving license. This form is barcoded so cannot be photocopied.

I booked them appointments online through the DGT site. NO medical was required as their licenses had more than 12 months before expiry. Although we had an appointment for 1100, we found that another 20 or so people also had one for that time so we had to take a number and waiting about 2 hours. They were given their licenses back and a certificate stating they had applied to change their license and we had to pay the fee. 

Two weeks later, they received letters in the post telling them to bring their license and counterpart to trafico. Again, we booked and appointment but got there half an hour early but still had to wait over an hour. They handed overt their license and counterpar and got a temporary paper license in return.

They received their new licenses in just over 2 weeks. No letter accompanied them to say when they need a medical (they are both in their mid 40s)/

Nothing to it. 

Dave

Thanks for the replies. I am a resident for tax purposes as I live and work here full time and have the NIE but I have never needed the residency paper as I really haven't needed it for anything (no property etc.). I'm going to hope that what they told me at Trafico was correct as they told me more or less what you have said Mari - there is no obligation to request full residency so there is no obligation (nor is it possible) to change the licence. I have the new European photocard with an expiry date. I might give my insurance company a ring though just to check that there would be no problems in that respect. There's so much conflicting information on the internet!

Thanks again!

Surely, if you live and work here you are obliged by law to sign on the foreigners register, regardless of what Trafico said?

Maybe I have misunderstood but I am registered with the oficina de extranjería and have the A4 paper with my NIE as well as my Seguridad Social certificate. I've been told this is all I need to live in Spain permanently (I was told this at the oficina de entranjería). What I don't have is the permanent residency paper (not required for EU nationals) which is required to change a licence.
 

Char not sure what you mean by ‘fully residency.’ 

If you are an EU citizen, have registered on the EU Citizens Register (i.e.  green paper which yopu have) as being resident in Spain,  live in Spain,which you do,  then you are Tax Resident.  You cannot be any more resident than that.

I don't have a green paper. I just have a white A4 NIE paper. According to trafico I would need to apply for ´full residency´and have an extra piece of paper. The woman I spoke to there told me there is no obligation to do this but that is the paper I would require to change the licence as the NIE and certificate of empadronamiento are not enough (I produced all the papers I have ever been given in Spain.)

Re-reading Dave´s reply he mentions that you need a paper showing you are registered and have an NIE. I have been given this paper (it's white not green) but Trafico in Murcia would not accept this. They told me it was not the residencia. I did presume before this that I was a full resident but they wouldn't accept it, they are asking for something else, a mystery paper it seems! Looking on the DGT website I can't see any other paper you need either but Trafico Murcia obviously think one exists!

Char if you are an EU citizen and you are in Spain for 3 months permanently or a total of 183 in a year, then you must register  on the EU Citizens Register,(i.e.  green paper) as being resident in Spain.    That is the law.

The NIE (Número de Identificación de Extranjero) is the identification number for fiscal purposes.  When you register on the EU Citizens Register (green paper) then you are registered as resident in Spain.  The number on that document is the same as the NIE and serves  the same purpose.

In that case I am confused because I went to the oficina de extranjería to register and all they gave me was a white paper with my nie, name, nationality, address and d.o.b (the paper which trafico would not accept.) I have been able to obtain everything else with this paper (seguridad social, bank accounts etc.) and as far as I was aware was fully registered in Spain?