Traffic law reform in Spain sees six points for using a mobile phone and 30 kph max speed on urban streets

Traffic law reform in Spain

The penalty for driving whilst speaking with a mobile phone has been increased to 6 points. This was just one of several changes to the road traffic law in Spain.

On Tuesday this week, the Council of Ministers approved various reforms. These include an increase from three to four points the penalty issued for driving without a seat belt. This points penalty is also the same for not have appropriate child restraints or not wearing a crash helmet on a motorcycle.

Other changes include a fine of 500 euros and the loss of three points for having a device that detects speed cameras. This should not be confused with navigation devices that use a database and identify where fixed speed cameras are placed. Please see this article as to what is legal and illegal.

New speed limits

Additionally, urban streets have a new maximum speed limit of 30 kilometres per hour. This is when there is only one lane in each direction. Where there is no difference in the height of the pavement and the road the speed limit will be further reduced to 20 kph.  If there are two lanes in each direction the limit is 50 kilometres per hour.

One other important change is the withdrawal of the law that allowed you to increase your speed by up to 20 kph above the actual speed limit. This was only permitted when overtaking a vehicle, not driving at the speed limit, on a conventional road.

Electric scooters

The legal position was clarified regarding the use of electric scooters. From 2 of January 2021 you cannot use an electric scooter on the pavement or in a pedestrianised area. The maximum speed is 25 kph.

The riders of electric scooters can be subjected to alcohol testing and they must not use headphones whilst operating the scooter.

Vehicles used by people with reduced mobility such as mobility scooters are exempt from these new reforms.

Traffic law reform in Spain
Traffic law reform in Spain
electric scooters in spain

When does all this start?

The modifications related to the Traffic Regulations and Vehicles will enter into force on January 2, 2021. However, the amendment to article 50 of the General Traffic Regulations (speeds in urban areas) will enter into force six months after its publication in the Official State Gazette so that citizens know them adequately and so that public administrations have enough time to adapt the signage. (11 May 2021). The modifications related to the drivers regulation will come into force the day after the publication od the Royal Decree in the BOE.

Source: DGT.es

Notifications of fines in Spain

Traffic infringements are notified by normal post in Spain. If you are worried about receiving the notification, because the post service is not great in your area or you are out of the country a lot then we offer a special product for a flat annual fee. Once signed up you will receive an email or SMS text message to notify you if you have received a new fine.

You are under surveillance

DGT under surveillance

From today and until 20 September there will be extra surveillance under the management of the Traffic Authorities (DGT) on Spain’s road network. It is part of an annual programme of special events and is extra significant as distractions are the one of the biggest cause of fatalities on the roads. In 2019 and for the fourth year running distraction was the main factor in 28% of road fatalities.

This year the municipal police will also be involved in order to further strengthen the campaign. One of the main results of distraction is a head on collision with another vehicle travelling in the opposite direction.

The authorities have 12 helicopters, drones, 216 fixed cameras and fifteen unmarked vans at their disposal.

In order to avoid distractions, the traffic authorities recommend the following:

• Before taking the wheel: Sleep well, do not ingest alcohol and other drugs, do not eat large meals, take care of the intake of certain medications.
• On the way: Better not to smoke, and if you feel drowsy, stop.
• Maintain a comfortable temperature: 21 or 22 degrees is an advisable temperature.
• Careful with the mobile: It is an important cause of distractions. Use only for emergencies and with the car stopped. It is recommended to activate the ” car mode ” in those devices that have it.
• Radio / MP3: Handling them distracts us, systems that are controlled directly from the wheel are advisable. Programming stations and CDs before the trip is a good option.
• Traveling with GPS: Trying to program a route while traveling is very dangerous. It must be done before.

 THE MOBILE: THE KING OF DISTRACTIONS

One of the main reasons for driver distraction is the use of a mobile phone while driving. Its use multiplies by four the risk of suffering an accident and the risk is comparable to driving with excess alcohol.

Using the mobile phone while driving means taking your eyes off the road for a certain time in which you travel a series of metres without the driver having control of the vehicle, since the attention is focused on the mobile.

According to the latest Distractions report prepared by RACE, 96% of the surveyed users confessed to having seen someone talking on their mobile while driving (80% on a regular basis) and 76% said they used it without speaking, only manipulating or looking at it. The report details that in the case of social networks, 18% of drivers admit to having used social networks while driving, of which 12% do so regularly. This percentage increases to 17% among young people between 18 and 24 years old. 

OTHER FACTORS THAT CAUSE DISTRACTION 

• Sleep and fatigue are two risk factors that are very unknown and at the same time highly implicated in road accidents: rear ending, leaving the road, or invading the opposite lane are very frequent types of accidents due to these factors.

• Smoking and driving: lighting a cigarette takes an average of 4 seconds. At a speed of 100 km / h, in that time we will have traveled 113 metres. According to the conclusions of various research studies, smoking while driving multiplies the risk of an accident by 1.5.

WHAT DOES THE LAW SAY?

The Road Safety Law considers it a serious offense to drive using mobile phone devices, Sat Navs or any other communication system manually, as well as driving using headphones or other devices that reduce the mandatory permanent attention to driving.

These infractions involve a fine of 200 euros and the loss of 3 points.

Source: DGT

Tougher law for using mobile phones in Spain

Tougher law for using mobile phones in Spain

The Government of Spain is currently looking into changing the law related to using a mobile telephone whilst driving.

It is already an offence to manually use a mobile telephone whilst driving. This will incur the withdrawal of three points from your driving licence.

However, if a draft reform of the traffic laws is passed then this offence will see the removal of six points, double the current penalty.

The reform also seeks to clarify the offence by stating that using your hands to search a device, text a message or answer a call will be an infringement of the road traffic laws.

The new law will extend to all types of devices, including navigation systems. An offence won’t be incurred where these devices can be operated without the use of your hands. Devices that give verbal instructions and that are operated by voice will be ok.