Spain’s 2002 traffic code, which went into effect January 21, cracks down on speeders and prohibits the use of mobile phones. Here are some of the principal new provisions.

The previous law treated all speeding the same way, as a “serious” infraction, with fines ranging from €92 to €301. It made no real distinction between those who exceeded the speed limit by a modest amount and those who were really zooming along.

Under the new law, exceeding the speed limit by 50 per cent (and at least 30 kph) becomes a “very serious” infraction, with fines up to €602 and suspension of driving licence for three months.

This would include someone driving at 150 kph on a normal highway with a limit of 100 kph, for example. Or someone blasting his brand-new BMW at 180 on the motorway, where the limit is 120 kph. Speeding violations that do not exceed the limit by 50 per cent remain in the merely “serious” category.

Violations are divided into three categories: very serious (muy grave), serious (grave), and minor (menor).

Very serious violations, incurring fines from €302 to €602 and suspension of licence up to three months, include:

Driving under the influence of alcohol or drugs.
Refusing to take the breathalyser test
Exceeding posted speed limit by 50 per cent or at least 30kph.
Reckless driving
Driving in the wrong direction against traffic
Professional drivers exceeding the permitted time at the wheel by 50 per cent, or not completing the programmed rest period by 50 per cent.
Racing
Carrying 50 per cent more passengers than passenger seats.

Serious violations, incurring fines from €92 to €301 and possible suspension of licence, include:

Speeding in excess of 50 per cent.
Parking vehicle in dangerous position.
Negligent driving such as driving without lights
Throwing from the car any object that could produce fire or accident.
Minor violations, incurring fines up to €91, include:
Parking violations and a host of others.

Offenders can obtain a discount of 30 per cent for prompt payment of fines. This is up from 20 per cent under the old law. If you choose, you can pay the policeman on the spot, or you can send a postal money order available at the post office.

Any driver who accumulates three “very serious” violations in a two-year period will have his driving privileges permanently revoked. This is not exactly a point system, such as some other countries have, but it has the same result.

Special cases

The new law also provides for “special cases”, incurring fines of up to €1,503 and suspension of licence for up to one year. These include:

Driving without proper licence.
Driving an unregistered or improperly registered vehicle
Using mobile phones while driving. (The only permitted use of either phones or radios is by a completely hands-off system. No headsets, microphones, helmets or similar rig may be used).

Radar detectors that warn drivers of the presence of police radar checks are also prohibited, and you can be fined if you attempt to warn other drivers of police presence by flashing your headlights or making other signals.

The new law places heavy emphasis on driver re-education in road safety. Drivers can reduce their lines by up to 30 per cent by attending consciousness-raising classes in special centres, including hospital visits to accident victims in some cases. Even a driver who has lost his licence permanently may be able to recover it by attending these courses.

For the first time, the law makes parents of minor children responsible for paying fines incurred when these children ride motor-bikes, which they can do at 16 years of age, although they must wait until they are 18 to obtain a normal driving licence. Children under 12 are not permitted to ride in the front seat of a car, nor as passengers on motor-bikes.

And, yes, in this nation of tail-gaters, a driver is required to maintain a safe distance behind the vehicle he is following, and he is obliged to leave enough space for another vehicle safely to pass him and pull in.

If you have ever thought of reporting a driver who follows too closely, you are perfectly within your rights. Any citizen may report a traffic violation. You must be prepared to testify in court, however, to make your accusation stick.

All Spanish cars must be fitted with seat-belts in the front seats and they must be worn. You can be fined €90 for not wearing them, so be alert. Cars made after 1997 must have rear seat belts as well.

If the traffic police have reason to think a driver has been drinking they can require him to take a breath test to analyse the amount of alcohol in his blood. If it exceeds the minimum permitted, he can be heavily fined and have his licence revoked. It is your right to demand a blood test as well, if you feel the breath test is wrong.

Refusal to take the breath test can lead to a charge of disobeying a police officer, which can bring a penalty of six months in gaol.

Non-residents can be fined on the spot

If you are a non-resident tourist driving through Spain, you may be disturbed to discover that the Spanish police are empowered to demand payment on the spot for any traffic violation you commit.

The police can order your car impounded if you are unable to pay up. They do this because a tourist usually has no property or other assets in Spain, which could be seized if he does not pay the fine

You will have to pay the fine hut if you feel you have been unfairly charged and wish to protest, you can fill in the space for contesting the ticket and mark garcuitla in the area where your payment is noted. This means that you consider your payment only a guarantee, necessary for the policeman to permit you to continue your trip, but that you intend to contest the ticket.

Just like the resident, you will be informed after a few months, when your court hearing is scheduled. You will have to list an address inside Spain for this purpose. You can then go to the Spanish court and make your case.