– New Instruction from DGT/Trafico re Renewal Driving Licences

Although the directora of DGT/Trafico has not had the decency to respond to our letters, the latest sent on February 16th and delivered to her office on February 18th.

We believe that the DGT are back-peddling and the new Instrucción 15/S-136 that has been issued by DGT/Trafico, is a direct result of our actions and pressure which has resulted in various news outlets taking up the story and that CAB Spain’s allegations made the front page of the Euro Weekly News .

The complete text of the Instrucción can be found HERE.

The Instruction confirms the protocol re the obligatory renewal of Driving Licences, as published in the DGT/Trafico press release from December last year, so our statements on the illegality of the protocol, as described in THIS article, still stand.

However, by instructing the Guardias NOT to fine drivers for non-compliance, and instead informing drivers of this obligation and giving them a window of 6 months to start the procedure to renew their EU licence for a Spanish permit (or until January 2016, whichever comes first) not doing so 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.

We have been researching the publication and interpretation of this new Instruction on various police forums in Spain and noticed the instructions given, ´to look at the reverse side of the licences´ will lead to very confusing situations for those expats from the UK or France with driving licences that were issued before 19th of January 2013. The reverse of the licence will show their 70th birthday in the ´valid till´ column on their photo card licences and this will include all the categories. As this date in many cases will exceed the currently valid maxima of 10/15 and/or 5 years, depending on the categories, all those licences could be considered to fall under the protocol, meaning that holders would be under the obligation of renewal for a Spanish permit even; if the validity period at the front of the licence is limited to 10 years.

Also, the ´nota informativa´ that was handed out to numerous expats at Trafico Offices in the past months, informing them that only driving licences with a validity period over 15 years needed to be renewed for a Spanish permit, is still present on the DGT/Trafico website and adding to the confusion.

We will meet with our lawyers at their earliest convenience, to consolidate a buro fax to be sent to the Directora of DGT/Trafico insisting in a response to our allegation of illegality of the protocol and request for clarity.

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.