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Emma-Louise Jan 29th 2010 8:23 am

driving license help needed
 
hi all,

my OH is Gibraltarian, we are looking to buy a Spanish plated car, can he drive it without problems on a Gibraltar driving license?

thanks
Em

johncar61 Jan 29th 2010 10:46 pm

Re: driving license help needed
 
Quote:
[B]If you are a Spanish resident, no.
Except in special circumstances. Example taking it for a test drive, picking up someone from the airport when the owner can't drive for some reason, but in general the answer is as Valenciatim said, NO

That would also apply to anyone if they are Resident even if they have a foreign DL.


I copied the above from a duplicate post by Emma

lynnxa Jan 29th 2010 10:53 pm

Re: driving license help needed
 

Originally Posted by johncar61 (Post 8295782)
Quote:
[B]If you are a Spanish resident, no.
Except in special circumstances. Example taking it for a test drive, picking up someone from the airport when the owner can't drive for some reason, but in general the answer is as Valenciatim said, NO

That would also apply to anyone if they are Resident even if they have a foreign DL.


I copied the above from a duplicate post by Emma

errrr - no

the other question was

Now, my problem, is that if my OH gets his Gib car repaired (rather than getting a new car), can I drive it legally with my spanish driving license?

Em
not as on this thread


Originally Posted by Emma-Louise (Post 8294368)
hi all,

my OH is Gibraltarian, we are looking to buy a Spanish plated car, can he drive it without problems on a Gibraltar driving license?

thanks
Em


Emma-Louise Jan 29th 2010 10:56 pm

Re: driving license help needed
 
Hi,

Sorry the post wasn't an exact duplicate....

The first asks if he can drive a Spanish car with a Gib license...

The second asks if I can drive a Gib car with a Spanish license.....

I thought that differnet people may know the different answers, hence why 2 posts!

As a couple that are thinking of downsizing to 1 car (as the OH also has a bike that he regularly drives to work in Gib) it is difficult trying to work out what would be legal for both of us to drive!

lynnxa Jan 29th 2010 11:06 pm

Re: driving license help needed
 

Originally Posted by Emma-Louise (Post 8295804)
Hi,

Sorry the post wasn't an exact duplicate....

The first asks if he can drive a Spanish car with a Gib license...

The second asks if I can drive a Gib car with a Spanish license.....

I thought that differnet people may know the different answers, hence why 2 posts!

As a couple that are thinking of downsizing to 1 car (as the OH also has a bike that he regularly drives to work in Gib) it is difficult trying to work out what would be legal for both of us to drive!

I suspect the answer is pretty much the same to both though

do I remember rightly that you have a spanish driving license?

if so, then no, if you're resident in Spain you can't long-term drive a car plated anywhere else

I have no idea though about Gib nationals/residents though driving Spanish plated cars in Spain - is that more or less the same as British?

Emma-Louise Jan 29th 2010 11:12 pm

Re: driving license help needed
 
It's all soooo confusing!

Looks like we won't be able to share a car afterall!

lynnxa Jan 29th 2010 11:18 pm

Re: driving license help needed
 

Originally Posted by Emma-Louise (Post 8295829)
It's all soooo confusing!

Looks like we won't be able to share a car afterall!

does he live in Spain too?

could he not just swap his license?

johncar61 Jan 29th 2010 11:28 pm

Re: driving license help needed
 

Originally Posted by Emma-Louise (Post 8295829)
It's all soooo confusing!

Looks like we won't be able to share a car after all!

Sorry Emma for my error re the two posts, But the answer was effectively the same.

If a person is resident in Spain (in normal circumstances) they cannot drive a foreign registered car in Spain. The kind of licence is not relevant to that.

If you OH is resident he too cannot drive a Gib plated car here.

A non resident I am sure can drive a Spanish car on a Gib Licence, just like say a Brit or a German here on holiday. A resident can drive a Spanish car on a UK licence too.

Not really confusing, just inconvenient if one is trying to circumnavigation the law.

Emma-Louise Jan 29th 2010 11:38 pm

Re: driving license help needed
 
I wish it were that simple...

I am a full Spanish resident, so it seems that I am not allowed to drive his Gib car....

He is a policeman in Gib so has to be very careful and law-abiding! We live in spain together as he just needed an NIE to buy his house here, but is a full Gib national...So all-in-all he cannot swap his licence for a Spanish one......

So it looks like the new car will have to be Gib plates (he is buying it so I can't argue).... and then at least he is legal....

I just will have to drive the old heap whilst he has the sparkling new car
:(

johncar61 Jan 29th 2010 11:42 pm

Re: driving license help needed
 

Originally Posted by Emma-Louise (Post 8295892)
I wish it were that simple...

I am a full Spanish resident, so it seems that I am not allowed to drive his Gib car....

He is a policeman in Gib so has to be very careful and law-abiding! We live in spain together as he just needed an NIE to buy his house here, but is a full Gib national...So all-in-all he cannot swap his licence for a Spanish one......

So it looks like the new car will have to be Gib plates (he is buying it so I can't argue).... and then at least he is legal....

I just will have to drive the old heap whilst he has the sparkling new car
:(

It is that simple. He can drive his car in Spain. You cannot. If wee able to swap his DL it would alter the situation as it is now.

Emma-Louise Jan 29th 2010 11:51 pm

Re: driving license help needed
 
I've had a thought...

If the new car he were to buy was on Spanish plates...
The car would be in his name....
It is not his main mode of transport as he has his bike...
Can he therefore drive it on his Gib licence?
In the same way as people who are from the UK that have a holiday home here and a holiday car, drive their Spanish holiday car with their UK licence...

Would that work?

Also if he were to swap his Gib licence for a Spanish one....is he then totally legal? Spanish car, Spanish licence, NIE number, homeowner but Gib national?

Ps. My head hurts

lynnxa Jan 29th 2010 11:53 pm

Re: driving license help needed
 

Originally Posted by Emma-Louise (Post 8295921)
I've had a thought...

If the new car he were to buy was on Spanish plates...
The car would be in his name....
It is not his main mode of transport as he has his bike...
Can he therefore drive it on his Gib licence?
In the same way as people who are from the UK that have a holiday home here and a holiday car, drive their Spanish holiday car with their UK licence...

Would that work?

that's what I've been wondering


ask a policeman;)


you really want to drive the shiny new one, don't you

Emma-Louise Jan 30th 2010 12:04 am

Re: driving license help needed
 
Yes I really really want to drive the shiny new one :rofl:

Can you imagine how horrible it would be, a 2010 beauty next to my 1994 heap and I'm not allowed to drive it!

I need to ask a Spanish policeman...
May start phoning around Insuarance companies on Monday as well, see if they can help....and get my OH to phone trafico...

johncar61 Jan 30th 2010 12:05 am

Re: driving license help needed
 

Originally Posted by Emma-Louise (Post 8295921)
I've had a thought...

If the new car he were to buy was on Spanish plates...
The car would be in his name....
It is not his main mode of transport as he has his bike...
Can he therefore drive it on his Gib licence?
In the same way as people who are from the UK that have a holiday home here and a holiday car, drive their Spanish holiday car with their UK licence...

Would that work?

Also if he were to swap his Gib licence for a Spanish one....is he then totally legal? Spanish car, Spanish licence, NIE number, homeowner but Gib national?

Ps. My head hurts

As the song say, 'By Jove, I think she's got it'

He does not need to change his licence. AS a visitor to Spain I am pretty sure he can drive a Spanish reg car. But as someone said, to be absolutely sure get him to ask the Guardia. (at the border maybe)

lynnxa Jan 30th 2010 5:01 am

Re: driving license help needed
 

Originally Posted by johncar61 (Post 8295962)
As the song say, 'By Jove, I think she's got it'

He does not need to change his licence. AS a visitor to Spain I am pretty sure he can drive a Spanish reg car. But as someone said, to be absolutely sure get him to ask the Guardia. (at the border maybe)

but he lives in Spain................

johncar61 Jan 30th 2010 5:15 am

Re: driving license help needed
 

Originally Posted by lynnxa (Post 8296336)
but he lives in Spain................

That's a grey area I think as the laws says 'permanently in Spain for 3 months' or for a 'total of 183 in a year.' As he works in Gib then I wonder how that would be interpreted ? I guess it apples to many people who live in Spain and work in Gib.

Does anybody know.

lynnxa Jan 30th 2010 5:19 am

Re: driving license help needed
 

Originally Posted by johncar61 (Post 8296352)
That's a grey area I think as the laws says 'permanently in Spain for 3 months' or for a 'total of 183 in a year.' As he works in Gib then I wonder how that would be interpreted ? I guess it apples to many people who live in Spain and work in Gib.

Does anybody know.

what about 'commuters' between the UK & Spain?

do they in that case add up their days?

I'm not talking tax - I know that's different

johncar61 Jan 30th 2010 5:38 am

Re: driving license help needed
 

Originally Posted by lynnxa (Post 8296357)
what about 'commuters' between the UK & Spain?

do they in that case add up their days?

I'm not talking tax - I know that's different

I guess if they are in Spain for whole days then the days can be added up, and if they reach 183 in a year then they are probably resident for Spanish tax purposes.

That's what happens in UK and, as of fairly recently, I believe the Inland Revenue (HM Revenue and Customs) include the days of arrival and departure.

Emma-Louise Jan 30th 2010 5:42 am

Re: driving license help needed
 
he kinda lives in Spain & Gib depends who's asking....
as he only needed an NIE number to buy in Spain that's all he has.....apart from that everything is Gib, Gib national, Gib resident, Gib worker, Gib licence, Gib taxes, Gib heathcare etc etc, he still has an address in Gib.....

It is this grey area that I was wondering if we can use with the Spanish plated car....
as he could be using the house as the odd weekend retreat??

:blink:

jdr Jan 30th 2010 7:52 am

Re: driving license help needed
 

Originally Posted by Emma-Louise (Post 8296386)
he kinda lives in Spain & Gib depends who's asking....
as he only needed an NIE number to buy in Spain that's all he has.....apart from that everything is Gib, Gib national, Gib resident, Gib worker, Gib licence, Gib taxes, Gib heathcare etc etc, he still has an address in Gib.....

It is this grey area that I was wondering if we can use with the Spanish plated car....
as he could be using the house as the odd weekend retreat??

:blink:

Well if he is a pretend Gib resident you will have to ask a real Gib policeman if Gibraltarians are allowed to drive foreign cars, if they follow the British rules then he will have to re register it to Gib plates.

Emma-Louise Jan 30th 2010 9:20 am

Re: driving license help needed
 
???? he is a policeman, but Gib police know about their own laws not Spanish law!!!!!!!!!!!!!!!!!!!!

I don't know whether you are trying to be funny or just havn't bothered to read the thread properly!

We still cannot figure out if he can drive a Spanish plated car in Spain with his Gib licence!

lynnxa Jan 30th 2010 4:02 pm

Re: driving license help needed
 

Originally Posted by johncar61 (Post 8296381)
I guess if they are in Spain for whole days then the days can be added up, and if they reach 183 in a year then they are probably resident for Spanish tax purposes.

That's what happens in UK and, as of fairly recently, I believe the Inland Revenue (HM Revenue and Customs) include the days of arrival and departure.

I said I'm NOT talking tax - more curious about the driving issue & at what point you would be considered resident for that

I know quite a few people whose OHs live & work in the UK but spend 2 - 4 days a week here in Spain + holidays so could well inadvertently tip over the 183 days

jdr Jan 30th 2010 5:33 pm

Re: driving license help needed
 

Originally Posted by Emma-Louise (Post 8296832)
???? he is a policeman, but Gib police know about their own laws not Spanish law!!!!!!!!!!!!!!!!!!!!

I don't know whether you are trying to be funny or just havn't bothered to read the thread properly!

We still cannot figure out if he can drive a Spanish plated car in Spain with his Gib licence!

Oh no, I have read both threads. ;);)
Well then it`s not rocket science, if he is a Gib policeman he must know if it`s allowed for a Gib resident to own and drive a Spanish car.
As I said, in most countries they do not allow their residents to own and drive foreign cars, end of story.
Now is he going to be a Gib resident or a Spanish one, or is he going to sit on the fence and try and dodge the law in both countries ?

johncar61 Jan 30th 2010 6:37 pm

Re: driving license help needed
 

Originally Posted by lynnxa (Post 8297380)
I said I'm NOT talking tax - more curious about the driving issue & at what point you would be considered resident for that

I know quite a few people whose OHs live & work in the UK but spend 2 - 4 days a week here in Spain + holidays so could well inadvertently tip over the 183 days

Sorry I was trying to address your question. It would seem logical that where there is a question of residence that the law on tax residency would at least have a bearing.

As for your hypothetical question about UK workers spending 2 or 4 days a weeks in Spain: if it's 4 days they would spend 208 days here and be tax resident, if 3 days 156 the not tax resident, except that I believe their where their permanent home is, comes into it.

However, there are also regulations which relate to cross border workers, that apply to say French workers working in a town just across the border in Spain. For that one would need sufficient interest to research those regulations. A start might be at :

http://ec.europa.eu/youreurope/nav/e.../index_en.html

johncar61 Jan 30th 2010 6:46 pm

Re: driving license help needed
 

Originally Posted by jdr (Post 8297499)
Oh no, I have read both threads. ;);)
Well then it`s not rocket science, if he is a Gib policeman he must know if it`s allowed for a Gib resident to own and drive a Spanish car.
As I said, in most countries they do not allow their residents to own and drive foreign cars, end of story.
Now is he going to be a Gib resident or a Spanish one, or is he going to sit on the fence and try and dodge the law in both countries ?

Emma, I am sure this situation applies to many people thus I cannot believe that your friend cannot obtain the answers in a government dept in Gib. As I am sure he speaks fluent Spanish, there must too be Spanish sources of info available at the end of a phone.

I don't want to rock the boat between you, but I am beginning to wondering if he has a 'personal' reason for not finding the answers.

lynnxa Jan 30th 2010 6:56 pm

Re: driving license help needed
 

Originally Posted by Emma-Louise (Post 8296832)
???? he is a policeman, but Gib police know about their own laws not Spanish law!!!!!!!!!!!!!!!!!!!!

I don't know whether you are trying to be funny or just havn't bothered to read the thread properly!

We still cannot figure out if he can drive a Spanish plated car in Spain with his Gib licence!


Originally Posted by johncar61 (Post 8297576)
Sorry I was trying to address your question. It would seem logical that where there is a question of residence that the law on tax residency would at least have a bearing.

As for your hypothetical question about UK workers spending 2 or 4 days a weeks in Spain: if it's 4 days they would spend 208 days here and be tax resident, if 3 days 156 the not tax resident, except that I believe their where their permanent home is, comes into it.

However, there are also regulations which relate to cross border workers, that apply to say French workers working in a town just across the border in Spain. For that one would need sufficient interest to research those regulations. A start might be at :

http://ec.europa.eu/youreurope/nav/e.../index_en.html

interesting - clear as mud - but interesting

thinking aloud here so bear with me................

doesn't answer the question of if you are registered as resident in the UK (and maintaining a home/residence) while working there & paying tax etc there while financially supporting your wife & family (for instance)who live in Spain - visiting them on a more or less weekly basis


DEFINITION OF THE FRONTIER WORKER WITH REGARD TO RESIDENCE CONDITIONS

In terms of the free movement of workers within the European Community, the frontier worker is defined as somebody who works in one Member State and who resides in and returns to another Member State at least once a week.
this seems to say that country of residence is not necessarily where you spend most of your time - it can be where you go once a week

I suppose if you only visit 'home' once a week you'd need somewhere to live in the country in which you work, so what if you 'clock up' so many days there that you have register as 'resident':confused:

I guess it's a case where you really do need to get expert advice

johncar61 Jan 30th 2010 7:29 pm

Re: driving license help needed
 
Lynnxa, Once again I apologise for not being able to answer your question but I did say,I was trying to address your question

I did not say I was giving you an authoritative answer and I tried not to give you that impression.

For a complete, legal answer, I suggest you need to go to a professional in that area and pay their consultation fee.

PS I see where my typos may have confused you, This is how it should have read:-

As for your hypothetical question about UK workers spending 2 or 4 days a weeks in Spain:

If it's 4 days they would spend 208 days here and thus be tax resident,
if 3 days then 156 here thus not tax resident,
except, I believe, the country in which their permanent home is located, comes into the decision in 'unusual cases.'

lynnxa Jan 30th 2010 7:31 pm

Re: driving license help needed
 

Originally Posted by johncar61 (Post 8297641)
Lynnxa, Once again I apologise for not being able to answer your question but I did say,I was trying to address your question

I did not say I was giving you an authoritative answer and I tried not to give you that impression.

For a complete, legal answer, I suggest you need to go to a professional in that area and pay their consultation fee.

I wasn't actually expect you to know the answer - just thinking aloud, as I said, wondering if it might help someone else or maybe someone else would know the answer

And I actually don't need to know

johncar61 Jan 30th 2010 7:43 pm

Re: driving license help needed
 

Originally Posted by lynnxa (Post 8297648)
And I actually don't need to know

I am sure all those who spend their time trying to help, as they believe when a person asks a question they need/want help, will like to know you were just passing the time here.

May I suggest if you do that again you tell us so we can decide whether to 'waste' our time trying to help you unnecessarily.

lynnxa Jan 30th 2010 7:51 pm

Re: driving license help needed
 

Originally Posted by johncar61 (Post 8297670)
I am sure all those who spend their time trying to help, as they believe when a person asks a question they need/want help, will like to know you were just passing the time here.

May I suggest if you do that again you tell us so we can decide whether to 'waste' our time trying to help you unnecessarily.

it is an interesting link & I have actually bookmarked it just in case - thank you

the point of these forums is to all help each other - it's open for anyone to use advice they see - or for them to ignore it

I was thinking aloud - & said as much in my post - sometimes people just 'batting around' with a question can help a lot of people, or point them in the right direction

I'm sorry if you think you wasted your time - I might not need the advice right now - but I'm sure someone reading this thread now or at some future date will find it useful

Mitzyboy Jan 30th 2010 7:58 pm

Re: driving license help needed
 

Originally Posted by johncar61 (Post 8297670)

May I suggest if you do that again you tell us so we can decide whether to 'waste' our time trying to help you unnecessarily.


Sorry .... have you become a moderator over night?
You are referring to a long time poster here who has been very helpful over the many years she has been here ....... have a bit of thought!! :blink:

Madridboy Jan 30th 2010 8:40 pm

Re: driving license help needed
 

Originally Posted by Mitzyboy (Post 8297710)
Sorry .... have you become a moderator over night?
You are referring to a long time poster here who has been very helpful over the many years she has been here ....... have a bit of thought!! :blink:

:rofl::rofl: :thumbsup:

lynnxa Jan 31st 2010 12:15 am

Re: driving license help needed
 

Originally Posted by johncar61 (Post 8297641)
Lynnxa, Once again I apologise for not being able to answer your question but I did say,I was trying to address your question

I did not say I was giving you an authoritative answer and I tried not to give you that impression.

For a complete, legal answer, I suggest you need to go to a professional in that area and pay their consultation fee.

PS I see where my typos may have confused you, This is how it should have read:-

As for your hypothetical question about UK workers spending 2 or 4 days a weeks in Spain:

If it's 4 days they would spend 208 days here and thus be tax resident,
if 3 days then 156 here thus not tax resident,
except, I believe, the country in which their permanent home is located, comes into the decision in 'unusual cases.'

that's OK - I can do the maths - I wasn't confused by you



nice edit btw;)

johncar61 Jan 31st 2010 12:24 am

Re: driving license help needed
 

Originally Posted by Madridboy (Post 8297821)
:rofl::rofl: :thumbsup:

Madrid and Mitzy boys, and Lynnax, sorry I misunderstood, I thought this forum was open to everybody and anyone who was able to provide something useful was welcome. It seems I may have been wrong, and that it's a bit of an 'Old Boys Club' where ganging-up to be unpleasant to new members is acceptable, at least to some.

I have no wish to become a moderator, but I should appreciative his/her/their comment on whether being impolite is acceptable behaviour and within the forum's guidelines.

johncar61 Jan 31st 2010 12:29 am

Re: driving license help needed
 

Originally Posted by lynnxa (Post 8298222)
that's OK - I can do the maths - I wasn't confused by you

Lynnax, Thought interesting - clear as mud - but interesting meant you had not understood, apparently I was wrong, yet again, but if it did not I cannot imagine what it meant. !

lynnxa Jan 31st 2010 12:32 am

Re: driving license help needed
 

Originally Posted by johncar61 (Post 8298235)
Lynnax, Thought interesting - clear as mud - but interesting meant you had not understood, apparently I was wrong, yet again, but if it did not I cannot imagine what it meant. !

no, the information on the site was clear as mud - lots of conflicting info - typical government type stuff

as I said though - surely some of it will be useful to some people

twistedmelon Jan 31st 2010 12:39 am

Re: driving license help needed
 

Originally Posted by Emma-Louise (Post 8296386)
he kinda lives in Spain & Gib depends who's asking....

As usual, I must be missing something here cos it all sounds a bit iffy.:confused:

johncar61 Jan 31st 2010 12:40 am

Re: driving license help needed
 

Originally Posted by lynnxa (Post 8298239)
no, the information on the site was clear as mud - lots of conflicting info - typical government type stuff

as I said though - surely some of it will be useful to some people

Please don't blame me for the web site, although I have been through it before and believe I understood what it meant, but at that time I had a need to know.

lynnxa Jan 31st 2010 12:43 am

Re: driving license help needed
 

Originally Posted by johncar61 (Post 8298255)
Please don't blame me for the web site, although I have been through it before and believe I understood what it meant, but at that time I had a need to know.

I wasn't blaming you

can we leave it now?

Mitzyboy Jan 31st 2010 7:07 pm

Re: driving license help needed
 

Originally Posted by johncar61 (Post 8298230)
I have no wish to become a moderator, but I should appreciative his/her/their comment on whether being impolite is acceptable behaviour and within the forum's guidelines.

No it isnt acceptable behaviour, which is why I pulled you up on it.
If you want to discuss moderation further then pm me, or if you are unhappy with moderation then report it to the site adminstrators
Thank you


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