Because of the high incidence of road accidents, fines for traffic offences are strictly enforced in Spain. Here's a guide.

General information

It is compulsory for non-residents to pay traffic fines on the spot.

Traffic tickets issued on imposing a traffic fine contain the following items:

• Description of the offender's vehicle (licence plate number, etc)
• Details of the offender
• Description of the offence
• The police agent identification number
• The term for appealing

Fines

Traffic fines in Spain are calculated on the severity of the offence. Often, the speeder doesn't know he has passed a radar or photo checkpoint until he gets his printed notice in the mail.

Fines range from EUR 91 to EUR 602. Offenders may also face suspension of their driving licence for a period of up to three months.

The highest fines, which range from EUR 302 to EUR 602, are imposed for committing the most serious traffic infractions that the Spanish traffic law provides. In this case the offender may also face suspension of his or her driving licence.

Offences include:

• Exceeding maximum lawful speeds by at least 30 kph
• Driving a motor vehicle in Spain under the influence of drugs, or under the influence of alcohol, when exceeding the alcohol limit
• Refusal to co-operate to take a breathalyser test to analyse the amount of alcohol in the blood
• Rash driving endangering other people
• Exceeding the number of people permitted to ride in a vehicle. The number of people carried must not exceed by 50 percent the maximum approved for the specific vehicle.

If offenders commit so-called serious traffic infractions such as driving in a negligent manner, speeding, driving without lights, and parking in dangerous places they face suspension of their driving licence for a period of up to one month, and fines that range from EUR 92 to EUR 302.

If you commit a minor traffic offence, such as using your mobile phone while you are driving (unless your vehicles is provided with a hands-free system), carrying children aged under 12 in the front seat of your vehicle (unless it is provided with special safety protection), carrying children under seven in a motorcycle, stopping at a zebra crossing for more than two minutes, you may be imposed a fine of up to EUR 91.

It is mandatory for Spanish cars to be fitted with seatbelts, and all occupants, whether in the front or back, must use one. You can be fined for not wearing a belt.

The offender may get up to a 30 percent fine reduction if he or she pays within the legal term, before the traffic administrative authorities have passed a definite resolution about the traffic infraction.

A driver who is fined three times in Spain for committing any of the most serious infractions within a period of two years may have his driver's licence definitively revoked.

What happens when you are charged with a traffic offence?

Police are empowered to collect fines of up to EUR 300.51 on the spot. Normally commission of traffic offences are notified on the spot, however, in some justified reasons, these may be notified afterwards. e.g. the fine may be imposed when the vehicle was parked.

Foreigners non-resident must pay on the spot unless they can present a Spanish bail bond or an address in Spain or company who will guarantee payment of the fine. If the fine cannot be paid or guaranteed, the vehicle will be impounded. Normally there is a discount of 30 percent for immediate settlement. You should pay the fine first — it is necessary for the policeman to permit you to continue your trip.

Provided that you are Spanish resident, if you do not receive written notice from the Spanish Traffic authorities within three months from committing of a minor offence, or once year since commission of a serious or most serious traffic infraction, the traffic fine, which should have been imposed, will be then wiped out.

Who is liable for traffic offences?

• The vehicle's owner is responsible for those infractions referring to the vehicle's documentation, the vehicle's safety conditions and non-fulfilment of the mandatory vehicle inspection (ITV)
• The driver is always responsible for the traffic violation, regardless if he is the owner of the vehicle or not. If the report of police stating the traffic violation is notified to the vehicle's owner without regard to the offender, the owner must inform the police about the name of the offender, whether he or a third person has committed the traffic infraction
• If the offender is under 18 years of age, either his parents, tutors or those persons in charge of the minor guardianship will be jointly responsible for the economic fine he is been imposed

How to appeal against a fine

If you want to dispute the charge you have been imposed, you have 15 working days to file a written dispute before the traffic authorities. You can write your argument in English. You should have previously arranged an address in Spain for this purpose.

Spanish traffic authorities may not accept your protest, but their resolution may be appealed (recurso de alzada) within one month. You may also appeal against the second resolution of Spanish traffic authorities before going to Spanish courts. You will do well to have a Spanish Lawyer handle your appeals.

Driving-related crimes

Traffic infractions may entail the committing of a crime. The offender must then pay an indemnity for the damages or injuries he had caused, regardless of the legal punishment he may be charged with.  

• Driving a motor vehicle in Spain under the influence of drugs or alcohol is penalised either with 8 to 12 weekends of arrest or similar fine instead, and deprivation of the driving licence for a period from 1 to 4 years. If the driver under the influence of drugs or alcohol is involved in a car accident, he may also be charged with other crimes such as homicide by misadventure (homicidio involuntario) and therefore should pay and indemnity to the prejudiced person.
• Refusal to cooperate to take a breathalyser test to analyse the amount of alcohol in their blood will be treated as disobedience, punishable by a term of imprisonment of six months to one year and deprivation of the driving licence.
• Rash driving endangering other people may be punishable by a term of imprisonment of six months to four years and deprivation of driving licence for a term of 1 to 10 years.

In general terms, when a person operates a motor vehicle carelessly or without exercising due care for the safety of others may be punishable either by a term of imprisonment of six months to two  years or fines.

Seizure of a vehicle

Spanish police may seize your vehicle in any of the following circumstances:

• In the event of an accident, when the vehicle cannot be moved
• If the vehicle is believed to be abandoned
• If the vehicle is illegally parked
• If the foreigner non-resident refuses to pay the fine imposed

The car will be released after paying the corresponding fees.

These are only general guidelines and not definitive statements of the law. All questions about the law's applications to individual cases shall be directed to a Spanish lawyer.

Article by iAbogado Servicios Jurídicos SL (Madrid, Spain). Visit www.SpainLawyer.com for more original content like this.