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DGT Insult to Expat Intelligence

You may remember in an earlier post where we challenged the DGT about the legality of implementing the two year protocol insisting on the changing or renewing of all licences held by EU residents in Spain. We also complained about no response to two letters to the Directora (Ministry of the Interior). Last week we finally did receive an answer from the Subdirectora of DGT/Trafico re our queries about the ´2 year resident protocol´ and our concerns about the legality, and the confusing and contradictory information published on their website. This included ´nota informativa´ that was distributed to the Trafico offices.

In no way does DGT/Trafico go into the issue of illegality of their proposed protocol, all the letter consists of is a copy/paste from one of their publications that ´explained yet again the protocol´. We remain convinced that our letters and the press CAB Spain has generated, have been a direct influence on the decision of DGT/Trafico to issue an amendment of the protocol, introducing the transitory period, till 1.1.2016, during which no fines will be issued for non-compliance with the mentioned protocol.

DGT/Trafico further confirmed in their letter dated the 18th of April that they have taken our remarks re the  ´nota informativa´ to heart and promised to amend its publication on the website to include the categories C and D and their validity period of 5 years, but as to date this has not been done.

All in all, We consider this an insult to our intelligence. We would like to repeat an extract from our previous article on this subject.

¨However, by instructing the Guardias NOT to fine drivers for non-compliance, and instead informing drivers of this obligation and giving licence holders a window of 6 months in which to start the procedure. this to renew their EU licence for a Spanish permit (or until January 2016, whichever comes first). Not compliance will likely result in a fine. Are the DGT trying to avoid giving CAB Spain the ´tools´ to initiate court proceedings for the DGT to answer the assumed illegality of the protocol?

We strongly suspect that DGT/Trafico will use this transitory year to have the ‘New Traffic Regulation’ that has been in the pipeline for years, approved and published. We believe that this will include an amendment of art. 15.4, in line with the protocol and rendering it legal. This would facilitate the Trafico law enforcers to fine those not in compliance with the protocol as of January 2016.¨

The new Traffic Regalement is expected sometime during the summer of 2015.

We will keep you posted.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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