British Driving License - Ive got a fine

Information and questions about the Law in Spain and Andalucia.
john the baptist
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British Driving License - Ive got a fine

Postby john the baptist » Thu Mar 10, 2016 8:03 am

I was stopped in my Spanish car yesterday by guardia and asked for my details.

i gave them my NIE and British driving licence.

They did not want to see my passport but took my Spanish ID .

Ive got a valid driving license British and live in spain, I got a fully insured car etc however they gave me a
€500 fine for not having a driving license correct for spain.

ive for 20 days to pay it at 50% discount, should I pay it and shut up.

im assumiung that i have to change to a spanish one now.

We have been in spain for years but was originally told we could keep the license until it expires then have to change it.

can anyone help, the mrs is not pleased and €500 is no small amount.

El Cid
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Re: British Driving License - Ive got a fine

Postby El Cid » Thu Mar 10, 2016 8:20 am

Is it a plastic photocard licence or the older paper one?

If it's a photo licence, when did you last renew it?
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Re: British Driving License - Ive got a fine

Postby ashtondav » Thu Mar 10, 2016 1:49 pm

Well one problem as far as UK police and DVLA are concerned is that your licence clearly does not show your correct address as you now live in Spain (I assume).

In the UK having a driving licence with an incorrect or old address is punishable by a fine of up to £1,000.

Of course if you live in the UK, have a valid licence, with a correct UK address and it is within its photo expiry date, you should appeal. (Haha that should provide you with hours of "Spanish" entertainment, bureaucracy and fun and games - might be better to pay up!)

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Re: British Driving License - Ive got a fine

Postby El Cid » Thu Mar 10, 2016 2:16 pm

It is perfectly permissible to have an incorrect address on your licence when you move to Spain. Incidentally, Spanish licences do not have an address on them.

This is from an email I received from the DVLA when I requested confirmation of this.

It is accepted that drivers who move to another part of the EC/EEA could be holding a licence showing an incorrect address.

This is permissible under the terms of the EC Directive on Driving Licences.

In the case where a Spanish resident uses his UK licence in the UK with his old (now incorrect) address on it, I asked that question as well.

The answer was

Providing your UK licence is still valid, you will be covered to drive when you return as a visitor even if it is displaying an old address.


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peteroldracer
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Re: British Driving License - Ive got a fine

Postby peteroldracer » Thu Mar 10, 2016 7:11 pm

The photocard licences have a life of ten years, not until the holder is 70, so as the holder has "been in Spain for years" the chances are it is no longer valid. As he is not resident in the UK he may not renew it, so must change to a Spanish licence. I would be surprised if he has complied with the rules on having medicals, as UK licence holders must at the appropriate intervals, just as Spanish licence holders do.
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john the baptist
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Re: British Driving License - Ive got a fine

Postby john the baptist » Thu Mar 10, 2016 7:35 pm

ive got a valid uk licence with 2 years left. i thought as long as I did not renew with an old address it was still valid until expired,

should i pay or should i fight it??

i need the 50% off but wont pay if i dont have to.

do I need to change to a spanish one now???

ive been in spain for 7 years

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gerryh
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Re: British Driving License - Ive got a fine

Postby gerryh » Thu Mar 10, 2016 7:49 pm

Which car insurance company are you with?
Linea Directa have a legal department who will fight your case particularly if the police are wrong.
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Re: British Driving License - Ive got a fine

Postby El Cid » Thu Mar 10, 2016 7:59 pm

Linea Directa do offer that service but it is an extra to the policy which adds to the premium (about €15), still worth it though.

To John, you haven't said what type of licence it is or when you last renewed it. Many people with photo card licences are unaware that that they need renewing ever 10 years or, as Peter said, that you need to take a medical even if you retain the UK licence.

Unless you can confirm that it was really a valid licence, with you also having a medical certificate, I think you will have to pay up. It's also worth noting that your insurance policy will almost certainly have a clause, or have advised you at renewal, that you must have a licence that is valid in Spain, otherwise you will not be insured. This is a very serious offence.

Time to exchange it for a Spanish licence.

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john the baptist
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Re: British Driving License - Ive got a fine

Postby john the baptist » Thu Mar 10, 2016 8:04 pm

sorry full photo license with paper counter part not the old style.

no medical never heard of that one. im only 35 years old.

john the baptist
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Re: British Driving License - Ive got a fine

Postby john the baptist » Thu Mar 10, 2016 8:05 pm

linea directa has copies of my licence as long as its european they dont care.

has everyone exchanges theirs??

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Re: British Driving License - Ive got a fine

Postby elusive » Thu Mar 10, 2016 8:07 pm

Check out citizens advice spain "CAB" website they have all the info you need to tell you if your licence is legal. They also work with people who want to fight wrongfully given fines. They have a facebook site aswell

I exchanged mine within 9 months of being here. As the law is all over the place and the police seem pretty clueless. Didnt want the worry of being stopped

Check out citizens advice john. I havnt been keeping up with all the continuas changes but i think the lastest "update" was that whether you had to change a uk licence before it ran out depended on what cats you had on the back of the licence.
Last edited by elusive on Thu Mar 10, 2016 8:12 pm, edited 1 time in total.

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Re: British Driving License - Ive got a fine

Postby El Cid » Thu Mar 10, 2016 8:12 pm

john the baptist wrote:sorry full photo license with paper counter part not the old style.

no medical never heard of that one. im only 35 years old.


Yes, but is the expiry date on the front of the licence,not the number on the back. Was that out of date?

All drivers in Spain with Spanish licences have a medical before they get a licence and at every renewal which is every 10 years until 65 and then it is every 5 years. Residents can use their UK licence so long as the conform to the same rules. As you have a photo licence, the renewal period is the same but you must also have the medical and carry the certificate with you.

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Re: British Driving License - Ive got a fine

Postby El Cid » Thu Mar 10, 2016 8:24 pm

elusive wrote:
Check out citizens advice john. I havnt been keeping up with all the continuas changes but i think the lastest "update" was that whether you had to change a uk licence before it ran out depended on what cats you had on the back of the licence.


Yes it gets complicated if you exchange to a Spanish licence and have some extra classes on your licence apart from basic cars and motorbikes. That's just because the renewal periods are different, usually because those classes require more frequent medicals.

This was not part of the recent update and has been the case for some time. The recent changes, which do not affect many UK licence holders, apply to foreigners who hold licences that are valid for more than 15 years or have no expiry date. These licences must be exchanged.

There is a very good explanation here

http://n332.es/2015/03/29/new-dgt-instruction-clarifying-european-driving-licence-renewals/

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elusive
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Re: British Driving License - Ive got a fine

Postby elusive » Thu Mar 10, 2016 8:42 pm

John. Did they tell you what the fine was actually for. Did it come under the 2 year residents ruling?.

I think must uk licences earned before a certain date had a problem with the extra cats on the back as they were earned automatically when you passed your test Cant remember what i had on mine, been able to pull a trailer etc etc .i would have to check on my spanish licence as they were carried over to that. They only have a 3 year lifespan compaired to driving a car. But as i dont need them theres no point in renewing until the car licence is up
Last edited by elusive on Thu Mar 10, 2016 8:50 pm, edited 1 time in total.

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peteroldracer
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Re: British Driving License - Ive got a fine

Postby peteroldracer » Thu Mar 10, 2016 8:44 pm

The saddest people are those that cannot laugh at themselves

Miro
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Re: British Driving License - Ive got a fine

Postby Miro » Thu Mar 10, 2016 9:00 pm

El Cid wrote:...renewal which is every 10 years until 65 and then it is every 5 years.


I think it's every 5 years after age 50.
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El Cid
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Re: British Driving License - Ive got a fine

Postby El Cid » Thu Mar 10, 2016 9:42 pm

No it's not. It changed a few years ago and it is 10 years up to 65 as I said.

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Miro
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Re: British Driving License - Ive got a fine

Postby Miro » Fri Mar 11, 2016 1:56 am

Good to know. I last renewed mine at 42, 8 years ago. It's due for renewal later this year. Thought I'd only get 5 years.
Don't worry about what people think, they don't do it very often

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unis09
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Re: British Driving License - Ive got a fine

Postby unis09 » Fri Mar 11, 2016 11:56 am

I am not resident in Spain, but own a car here. The GC stopped me and said I needed to register my licence with the regional transito office. I checked it out and that is only for residents and it is voluntary. Here is the dgt link:

https://sede.dgt.gob.es/Galerias/tramit ... Ingles.pdf

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Re: British Driving License - Ive got a fine

Postby El Cid » Fri Mar 11, 2016 12:07 pm

Yes, it is only voluntary. I have only seen this done once and the licence was returned and had been laser printed with the owners NIE.

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