Driving Licence medical - who has one ?

[Martin Page]

I am aware that the Spanish have a regime where you are required to have a medical in order to contiue driving after a certain age. And that you get them from the centro medico and the cost about 40E.
My questions are :-

At what age are you required to have them ?

Who should have them..?

What happens if you dont have them ?

How many of you actually have them ?

This is one of the biggest myths that I cant get to the bottom off. I am told so many conflicting stories. Its only applicable if resident for more than 5 Years. You dont need one with a UK/EU driving Licence. Just tell the police, if stoped, your on holiday. It doesnt apply to non residents. It doesnt apply if your not in the country for more than the magic 6 months. And , that like the dog licence, your suposed to have one - but nobody does?
So - c'mon, own up, how many out there have them and why ?

[El Cid]

All holders of a Spanish licence are obliged to have a medical. You have a medical before you apply for your first licence and at subsequent renewals. A licence is valid for 10 years if issued before age 45 and 5 years up to 70. Thereafter is is renewed every 2 years. If you have certain medical conditions then the frequency may be increased and special conditions imposed.

For UK licence holders who exchange their licence the same rules apply except that a medical is not required at the time of exchange (unless you are nearing 70) but it will be required at subsequent renewals.

Non residents can drive with a UK licence with no special conditions. Residents must comply with the same conditions that apply to holders of Spanish licences with regard to periods of validity and medicals.

That, put simply, is the current law. The consequences of not conforming to the rules applying to UK licence holders are that you could be fined for not having a valid licence and your insurance company could take the same view and refuse to pay a claim.

My insurance company (Linea Directa) says, in large red print on my policy renewal document that, "This policy does not cover anybody who does not have a driving licence which is valid under Spanish law".

Sid

[masterob]

I am a resident but I haven´t changed my UK photcard licence because I was specifically told by Traffico in Malaga that it was not necessary. However, I was advised I needed to comply with the medical requirements so I went for a medical and carry the certificate with me when driving in case I am stopped by the police. The medical was pretty straightforward, an eye test and a test of co-ordination.

I have read in this forum that it is preferable to have a Spanish licence and I can see the sense in that notwithstanding what Traffico said. Unfortunately, it takes up to 3 months to exchange it, during that time you are given a paper receipt which may be fine in Spain but no good as a licence for driving elsewhere.

[katy]

My OH has one and keeps it with his UK licence, just incase. So many conflicting views better to have it just incase.

[hillybilly]

At what age should you have your first medical then, if you still hold a UK licence? 45?

[El Cid]

As far as I can interpret the actual paragraph in the relevant law, it seems you have 4 years from becoming resident and choosing to drive on your UK licence.

Personally, to avoid any problems, I would get the medical immediately you become resident assuming you have decided not to exchange. If you exchange, a medical is not normally required on the assumption that you would have had one to get the licence in the UK (which of course is not required).

The relevant law is here http://noticias.juridicas.com/base_dato ... 1.html#a16

Articles 22 and 24 are the relevant ones.

Sid

[Martin Page]

Cid ... this then comes back to the old chestnut - what is the definition of resident ?

I have a residency certificate because I am here for more than 3 months of the year. I have a Padron, and I own my own house and pay the associated IBI and wealth Tax (by any other name)

However... I do not pay Income tax since I am not here for more than 6 months a year - and as far as I can ascertain I am a UK resident. - But that has become doubtfull of late too

So now we know the official position - what about what people are actually doing. PM me if you want to be coy...LOL

[El Cid]

In this particular case the question of whether you are resident or not will be decided by the Guardia!

Tax issues aside, when you are in Spain you are either a tourist or not. Spending more than 90 consecutive days in Spain blows your tourist status and you are obliged to register on the central register of foreigners.

Whether that qualifies you as a "resident" for the purposes of this discussion is a moot point. The law says that you have to have a medical when you acquire your "normal" residence in Spain. Clearly if, like tens of thousands of other non Spanish, you spend 5 months here in the winter, then by no stretch of the imagination could Spain be considered your "normal" residence.

Signing on the padron confuses the issue even more. Strictly speaking you should only sign on the padron in the locality where you have your permanent home - that's what it says in the relevant law. Most town halls (wrongly) encourage anyone with any property to sign on to swell the numbers on which they get money from central government. As a result anyone on the padron could easily be considered to have declared that they live permanently in Spain and as such be considered resident both from the point of view of tax and driving licences unless they can prove otherwise.

The only clearly defined type of residency is fiscal residency when you spend more than 6 months in one calendar year in Spain and thus become liable to pay income tax in Spain. Even then it would not surprise me if the taxman, who has access to the padron, did not soon start chasing up all those on the padron who have not yet filed a tax declaration - they are getting desperate for money at the moment!

Sid

[gerryh]

The only clearly defined type of residency is fiscal residency when you spend more than 6 months in one calendar year in Spain and thus become liable to pay income tax in Spain. Even then it would not surprise me if the taxman, who has access to the padron, did not soon start chasing up all those on the padron who have not yet filed a tax declaration - they are getting desperate for money at the moment!

Sid

I know this is going off the original topic but Sid's comment about the taxman getting desperate for money seems to be true.
I have lived full time in Spain for 5 years.
For various reasons didn't get around to making a tax declaration until last year. Was advised by a my gestor to fill in a declaration showing my total income, the tax I paid in the UK and, due to the double taxation treaty, pay the difference in Spanish tax. Spanish tax, in my case, was higher than the UK tax.
Got a letter a few weeks ago "requesting" I pay the full amount of Spanish tax, plus interest on the outstanding amount.

Cheers
Gerry

[Miro]

So many conflicting views, better to have it just in case.

I agree, although the many conflicting views aren't really important, only the law - which I think Sid has summed up as well as possible considering the ambiguities. I can see that for temporary residents it can be confusing, but for people residing here permanently, I maintain the best option is to exchange for a Spanish licence.

[spanish_lad]

i looked into it because my uk licence runs out in september, so i was going to switch for a spanish licence.

i was going to apply now to dvla uk for a replacemnt, so that when i changed i had uk licence still and i handed in my old one. (i realise not .. legal.. to do but as said above, you cant drive in the uk with a "reciept" so i would need a licence for when i go over once a month in the 3 months that i would be waiting...)

anyway, back to the point of my posting, the medical is only 20€ - 25€ in malaga centre round the corner from the old traffico building. theres about 8 places doing it.

[Beachcomber]

I think there is now communication between DVLA and DGT so you may want to think again about doing that.

[pietree]

My OH has one and keeps it with his UK licence, just incase. So many conflicting views better to have it just incase.

¿So you get to keep your Uk one as well?

I thought you swapped them

Ahh sorry I see you mean he has medical as well.

¿Is there anyway you could wangle it to keep both?

[gerryh]

My OH has one and keeps it with his UK licence, just incase. So many conflicting views better to have it just incase.

¿So you get to keep your Uk one as well?

I thought you swapped them

I think Katy was saying that her OH has a medical certificate which he keeps with his UK licence.
That's the way I read it.

Cheers
Gerry

[katy]

That is so Gerry. Reason for keeping the UK licence is that it is easier to hire a car in the rest of the world. The price goes up for a spanish licence.

[pietree]

Yes thanks Gerry I thought half way through posting.

My licence has every single class on it, and also a FULL Adr alongside (dangerous goods) I am reluctant to give that up

[Jool]

Spanish Lad - you cannot do that anymore DVLA log when you change your licence over.........

Reason for keeping the UK licence is that it is easier to hire a car in the rest of the world. The price goes up for a spanish licence.

I have not found this, provided the licence is as understandable as a UK one in terms of the categories of vehicles you can drive, price has been the same

[katy]

Not in the USA. Our friend paid $24 per day more than us. Same company, same day.

[Miro]

What possible reason could they give for that? I'd sue for discrimination.

My licence has every single class on it, and also a FULL Adr alongside (dangerous goods) I am reluctant to give that up

Pretty sure all the classes would be transferred - can't think of any reason why not.

[Beachcomber]

...My licence has every single class on it, and also a FULL Adr alongside (dangerous goods) I am reluctant to give that up

When I changed my licence over I was only given the group to drive a car. However, this was about twenty five years ago before the various classes in European countries were standardised.

If you keep all groups you will need to renew the licence more often. I can't remember the periods but it will tell you on the DGT web site.