LEVANTE LIFESTYLE

BRITISH RESIDENTS & UK DRIVING LICENCES IN SPAIN

By Dr K. Knowles and Monica Subirats-Knowles

There is uncertainty among British residents in Spain regarding the legal status of UK driving licences. Some believe they must exchange their UK licence for a Spanish licence, others that they should register their licence with the Spanish authorities, or that they need do nothing since their UK licence is also a European Union licence.

Across Spain there are contradictions in the application of the law and in the advice given by official institutions. For example, a representative of the Guardia Civil in Garrucha recently said that British residents who have not had their UK licence registered at the Registro de la Dirección General de Tráfico (hereafter referred to as “Tráfico”) risk a fine of 450 euros and having their vehicle immobilised. The Guardia Civil in Vera, however, say they do not get involved with driving licence registrations because this is Tráfico’s business.

A spokesperson at the Tráfico office in Almería advised that any British resident fined for non registration of a UK driving licence should contact Tráfico or a solicitor. The British Consulate (Alicante) says that until British residents reach the age of 70, they do not have to exchange or register their licences with the Spanish authorities (1). Other sources (2) tell us we must comply with Spanish driving licence rules, which can call for action at a much earlier age.

It is not surprising that contradictory advice and practice exist. The explanation lies in the paradox at the heart of current EU legislation. Although the principle of mutual recognition of EU member states’ driving licences was established in 1991, and the need to exchange one’s licence was abolished, member states are still entitled to enforce their own country’s law in various respects, such as validity (3).

For British residents, Spanish validity rules are a particular sticking point (4). Spanish ages period validity stages are:

18-44 - every 10 years
45-70 - every five years
70+ - every two years

In this context of legal uncertainty, Spain ruled that EU foreign residents had to register their driving licences with Tráfico after six month’s residence in Spain. This allowed for, among other things, monitoring of validity periods.

But in 2004, A European Court of Justice Judgement against Spain made it clear that such registration was voluntary, although Spanish rules on validity still stood (5). No suggestion was made about how Spain could monitor the validity of EU foreign residents’ driving licences. Full harmonisation of all EU member states’ licences could take up to 30 years (6).

Possible courses of action for British residents in Spain are:

1. Voluntarily exchange of your UK licence for a Spanish licence. Contact Tráfico for advice on this process.
2. Voluntarily register your UK licence with Tráfico - a simpler process than exchanging your licence.
3. Do nothing until your licence validity warrants action.
4. Do nothing and hope that the EU harmonisation process takes care of things.

After more than 40 years experience of Spanish bureaucracy, my choice is number two.

REFERENCES/SOURCES
1. British Consulate, Alicante, 2007, personal communication.
2. www.ukgovabusesexpats.co.uk, 2007.
3. European Commission Directorate General for Energy and Transport, 2006, “The European Driving Licence: ensuring security, safety and free movement”. Memo prepared by the Information and Communications Unit of DG Energy and Transport.
4. Real Automovil Club de España, 2007, personal communication.
5. www.spainvia.com/drivelicenceletter.htm. Advice letter from the Spanish Ministerio del Interior, 2004, advising notice of sentence by the European court of Justice.
6. European Commission Directorate General for Energy and Transport, 2006, “European Driving Licence: Differences between existing and future legislation”. Press communication from ECDG for Energy and Transport.