driiving licence nightmare

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Big Col
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driiving licence nightmare

Postby Big Col » Fri Mar 07, 2008 6:54 pm

A simple question, if you are a resident in spain and hold a eu licence photocard etc do you need to have a spanish medical. when you reach 45


WOULD YOU BE SUPRISED IF A VERY LARGE INSURER AND SPANISH RULING SAYS THAT TO BE LEAGLE YOU HAVE TO HAVE A MEDICAL but dont metion this on your policy.


iVE GOT LETTERS AND QUOTATIONS FROM ALL SORTS, SPANISH EMBASIES, INSURANCE COS AND TRAFICO SAYING ALL DIFERENT.

Please Help

Col


Please help

katy
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Postby katy » Fri Mar 07, 2008 7:03 pm

I would like to know too. OH came with this story from the golf club but I wondered if it was one of the ex-pat myths that go around from time to time :?

Big Col
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confused

Postby Big Col » Fri Mar 07, 2008 7:23 pm

AN OVERVIEW OF DRIVING IN SPAIN
AN OVERVIEW OF DRIVING IN SPAIN
Driver’s General Regulations (January 2006)
UK citizens with a UK(EU) driving licence i.e. photo-card licence, no longer need apply for or exchange domestic licence for Spanish licence (except for professional drivers). UK(EU) licence holders may drive legally in Spain on their existing licence subject to Spanish requirements, as apply to Spaniards, in respect of licence expiry and renewal and passing a medical examination (Article 22). However, residents may voluntarily register their licence particulars with Jefatura de Trafico (Article 23) or exchange UK licence for Spanish licence at any time (Article 26).
Whereas UK licence is valid from date of issue until one is 70 years of age and one is not required to pass medical; in Spain, one’s licence needs to be renewed periodically depending upon one’s age i.e. less than 45 years old – every 10 years, older than 45 but less than 70 – every five years and, over 70 – every 2 years (Article 16.2). In the event that one wears glasses or suffers other medical conditions, different time scales apply.
In order to renew Spanish licence one need pass medical examination at designated centre wherein the speed of one’s reactions is tested. Accordingly, UK nationals residing in Spain who chose to retain UK(EU) licence are required pass a medical within 4 years of living here and thereafter pass periodic medical in accordance with Spanish law. Residents who fail to comply with the said Spanish laws will be driving on Spanish roads unlawfully (Article 24(a)).
If one registers or exchanges UK licence, the Jefatura will automatically notify you as to when your next medical is due. Further, if residing in Spain and one no longer has a UK address, those of you who have not registered or exchanged your licence may encounter difficulties in the event that losing your UK licence, as DVLA may say that you failed to notify them of change of address and prosecute you for the same. Further, DVLA cannot issue new licence with Spanish address and you may encounter difficulties in persuading the Spanish authorities to issue a Spanish licence.
Myles G. Jackson 22 June 2007
Disclaimer
Although we hope this article will be of interest to readers, the author accepts no liability and offers no warranties in relation to it and its content, to the fullest extent such liability can be excluded by law. The article is not a substitute for legal advice, and is not intended or offered as such. The author excludes and does not accept any duty of care to anyone who makes use of, or seeks to rely on, material detailed in this article.
Myles G. Jackson – Granada Law, Recursos y Gestión Quatro SL, Abogados Tel. 958 958 077, Mobile 676 074 879, [email protected]
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Beachcomber
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Postby Beachcomber » Fri Mar 07, 2008 7:35 pm

My interpretation is that you need to take a medical either every ten years from the date of taking up residency or at the age of fifty years and every five years thereafter until the age of seventy when you need a medical every two years.

Certain medical or eyesight conditions may mean that the medicals will need to be taken more frequently.

Big Col
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Postby Big Col » Fri Mar 07, 2008 7:35 pm

Hi all this is a email sent to me from a major insurance co based on the southcoast,

I have 3 motor policys with them and not onebit any documentation does it say folks need a medical to go along side with the eu licence, yet when they take your money, send you the docs they dont tell you this info which i see that if you are over 45 yourposibly driving ilegaly!!!!!

, whats more could they use this as to not pay a claim. due to your docs not being in order, or worse find out whilst being stopped by the police and being asked for this medical slip along with your licence, which no know one knows the law.

sorry for the above spelling but am on medication


quote

As requested I can confirm the position of your insurers.in writing for you.



Our understanding is that in Spain if you are over 45 and you must pass a medical every 5 years until you are 70 - after that the medical is every 2 years. Overall in Spain you are only issued with a driving licence for 10 years and this has to be renewed subsequently. There are also age limits as to when you can drive, etc. With regards your question about driving in Spain surely you agree that if you are a resident in Spain then the individual should comply and full-fill the requirement of Law and they should seek the relevant advice from the authorities.



As you can appreciate there are essential differences between the Criminal and Civil procedures.



We are perfectly aware of the Court ruling you referred to. However, please bear in mind that this is only one single Court's decision and it does not bind the other Courts to follow the way in which this Court has interpreted the law. The Spanish legal system is not based in the common-law system. That means that every Court can decide how to interpret the laws without having to agree with other previous resolutions. The Supreme Court's decisions are the only ones subject to be unified, (at least three decisions) but not any other minor Courts.



The Criminal Court Claims can either be started by denuncia from the TP or by the Court itself (and the public prosecutor) when a police report has been sent to them with signs of a crime.



The criminal responsibility affects the PH, in the sense that he could be charged with any kind of penalty. At this stage the criminal responsibility will never affect the Insurer. However as usual all material facts, including criminal convictions should be declared on the policy to allow us risk asses our position subsequently.



All the Criminal offences and crimes have their attached civil liability, for the damages that may have arisen from the offence/crime. This civil liability is the one that the Insurer takes in the name of the PH subject to indemnity being provided. As insurers we will honor any claim as long as our policyholder complies with the terms and conditions of the policy contract.



The existence of criminal responsibility does not necessarily mean that there would be any civil liability, and sometimes when the criminal responsibility has not been declared, the civil responsibility might still subsist. But it is not dealt in the criminal court and a new case in a civil court must be started.



On a Civil Court claim, the only responsibility that the claimant is searching is the civil (money or compensation), and the claimant will have to prove the damages that the TP´s activity has caused. When the relationship between the activity and the damages is confirmed, the obligation of compensation arises.





Kind regards

Don

Postby Don » Sat Mar 08, 2008 4:01 pm

Had this discussion a lot at work Col. Spain was taken to court over insisting that EU extranjaneros had to exchange their licence and lost. An EU license of any sort (paper or photo) is valid in Spain. However the court agreed that those "residents" driving in Spain on non Spanish licenses should pass the same tests as if they did have a Spanish license. It is a quick and easy eyesight and hearing coordination test which you need a valid certificate to go with your non-Spanish EU license to demonstrate compliance. Once over 40 you need to take the test every 5 years and once over 70 every 2 years. My Spanish colleagues say that it is not really a test but another tax. Nobody fails the test apparently. Without an up to date test, it could be argued by an insurance company that you are not properly licensed but I have heard no case of an insurance company doing this (yet).

El Cid
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Postby El Cid » Sat Mar 08, 2008 6:40 pm

Don wrote: Nobody fails the test apparently. Without an up to date test, it could be argued by an insurance company that you are not properly licensed but I have heard no case of an insurance company doing this (yet).
You will fail the test if your eyesight is not adequate. If your eyesight is marginal or you have other medical problems you will not fail but you may have restrictions placed on your driving and be required to have a licence renewal and medical more often - possibly every year.

I have read on another forum of an insurance company refusing to pay out on the basis that the UK licence was no longer valid as there had not been a medical.

Similarly there was a recent report of someone in Motril being fined 600 euros for driving with a UK licence. Clearly this is an error on the part of the Guardia but the person still has to pay solicitors fees to sort it out.

As has been said before, if you live in Spain exchange your licence rather than have to cope with all this hassle and misinformation.

Sid

Beachcomber
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Postby Beachcomber » Sat Mar 08, 2008 7:02 pm

The medical and age requirements are quite clearly stated on the faxed document from DGT to the British Embassy that the barrack room lawyers are so fond of quoting:

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Chalky
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Postby Chalky » Sun Mar 09, 2008 12:04 pm

Does anyone know where the "Designated Centres" for the medical are located?

El Cid
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Postby El Cid » Sun Mar 09, 2008 12:16 pm


Beachcomber
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Postby Beachcomber » Sun Mar 09, 2008 12:43 pm

One other point, although I don't suppose it will affect many of us here, is that the minimum age limit for driving a car in Spain is eighteen so a seventeen year old with a full UK driving licence cannot legally drive on Spanish roads.

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spanish_lad
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Postby spanish_lad » Sun Mar 09, 2008 12:49 pm

to get around the computer system my insurer put me down as passing my test in 2000, when it was in fact at 17 in 1999, a few weeks after my birtday.
Alhaurin el Grande since 99, working at the airport since 2011.


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