Sorry if this has already been discussed...A friend of mine who lives here was stopped by the Guardia, and produced all her car documents. Everything was in order apart from her driving license which according to them was not valid here as its not a Spanish one! She regularly goes back to UK (driving) so has never changed it and like she said, we are all in the EU so it should be valid! They tried bullying her into signing a denuncia, which she refused. When she got home she rang her solicitor who said they CANNOT make you pay a fine for this because as yet IT IS NOT THE LAW to have a Spanish driving licence if you already have an EU one whether you live here or not.
Lots of Brits apparently dont know this and are afraid they are breaking the law so consiquently pay the fine and apply for Spanish driving licenses..
It is of the belief that this goes on to get money any which way they can out of Brits, although i dare say other nationals are being hit too.
Has anybody else had the same experience as my friend, and did they pay the fine?

Take a look at this :

http://ec.europa.eu/transport/road_s...licence_en.htm

'luego
'o nonno

It is OK to use a UK licence but if you are a resident then the law requires that it is renewed with the same frequency as a Spanish licence and that you must also have had a medical check just like a Spanish driver would.

That said, the Guardia are notorious for rejecting UK licences notwithstanding that they are not legally supposed to do so.

There are two ways of sorting this out. If her insurance includes "Gestion de Multas" then they will sort it out. If not, a trip to the local Trafico office should get the fine revoked.

Ciao Fred, maybe it's time some folk in Spain started looking on themselves as EU citizens, rather than British ex-pats; and standing up for their rights?
In 1998 the local 'carabinieri' (equivalent to Guardia Civil) confiscated my licence on similar grounds. I went to town on my rights as an EU citizen; and ended up both getting my licence back, and a personal apology from the provincial prefect.
'luego
'o nonno

Is this line an error (of translation?)?

"Directive 2006/126/EEC of 20 December 2006 will replace directive 91/439 19 January 2013."

Surely the directive of 2006 will be replaced by the directive of 2013? If so, then it's not in force yet and that of 2006 is still applicable.
Or am I misreading it?

It's an obvious mistake. The directive that it will replace is 91/439 which was issued in 1991 - hence the 91 in the number.

I got fed up with the hassle and got myself a Spanish licence. When I tried to hire a car at Stanstead with my Spanish licence and British passport this January, I couldn't.

I know I should have been able to drive on a UK licence in Spain, but the fancy new EU laws mean nothing to the average Guardia.

Similarly, I should have been able to hire a car with my Spanish licence in the UK, but my fancy Spanish licence meant nothing to the car hire booking clerks.

There are times in life when you can't win, no matter how well prepared you might be.

I know this could be described as 'dishonest', but what's the problem with just saying to the police that you have one UK licence and two homes, in the UK & Spain and two cars, one in each country, legally registered, taxed, insured & tested?
If stopped by the police in Spain, explain that you visit your house in Spain for a few months of the year (3-4) and use your Spanish vehicle when over here. When back at your 'home' in the UK you then use your UK vehicle with the same licence.
BTW, If you were wealthy enough to have holiday homes in several EU countries, surely you couldn't be expected to have a licence in each one?
Is this flawed somehow?

It is flawed. It is usually only residents driving Spanish registered cars who get clobbered for not having a Spanish licence. Tourists usually aren't a problem to them.

If the car is Spanish registered they will assume you are a resident.

Hi Fred, I know that things in Spain are often different (an understatement), but an assumption cannot form the basis of a fine or a prosecution. If they are alleging an offence has been committed, it has to be proved. Merely assuming something without any basis for that assumption other than a hunch, is in itself flawed.
Some individuals WILL register a Spanish car for extended periods of stay perhaps as an alternative to bringing over their UK vehicle or hiring one , but may not be 'resident' (ie; they do not have residencia). In such circumstances, surely it would be an injustice for them to be prosecuted for not having a Spanish licence.

As far as the Guardia are concerned you are guilty until proved innocent and you are a resident if you drive a Spanish car.

Of course it's flawed and of course it is an injustice but the fact of life in Spain is that it can and does happen.

My advice to residents has always been to ignore your rights to drive on a UK licence and get a Spanish one. The choice is between an easy life and banging your head against the wall!!

But that is not always the case as I exampled in my previous post.
What if a non-resident hires a Spanish car for 4 months? How does that differ in principle to owning one? It's perfectly lawful to buy one, so why not to drive it?
I appreciate you're describing perhaps the reality of actions and behaviour by the Guardia and what may be a sensible response when stopped, but why will and do Brits seem only too keen and ready to challenge decisions by UK police and the prosecuting authorities, yet in Spain, just 'roll over' and acquiesce? I may be wrong but I would be surprised if the Germans for example responded in this way. Although I may be wrong on this of course!

Makes one wonder why the UK card licence has the EU stars around the UK on the licence? Whilst I agree that it is probably easier for someone who is resident to exchange their licence if it is not a legal requirement then surely the EU Parliament should ensure that the correct EU laws are being applied by all member states on other member state citizens. As always beware of assuming as it could make an ass out of you and me of course the Guardia will neither know or care about that if they are just allowed to bully people into paying fines incorrectly, there must be some organisation within the EU that these sorts of problems can be directed for clarification/rectification no matter how difficult.

There is no problem with hire cars - it is nearly always residents who get clobbered. Incidentally, officially only residents are allowed to buy and register cars in Spain . The authorities usually allow you to get round it as they want to sell cars.

The Guardia just think that anyone living in their country driving a Spanish car should have a Spanish licence.

Life is too short to worry about it. I just make sure that I am insured against stupid unenforceable fines such as not turning your lights off when exiting a tunnel (I am not joking!).

As for complaining to the EU they would merely point out that as far as they are concerned Spain has implemented the relevant directive and that they have no control over how Spain enforces it.

As for complaining to the EU they would merely point out that as far as they are concerned Spain has implemented the relevant directive and that they have no control over how Spain enforces it.[/QUOTE]


Very true Fred but then no one should be surprised that more and more in the UK are saying time to get out of the EU and many of the others are sitting on the fence. I doubt the EU we have currently has any resemblance to what we thought it was going to be. Off course what it will be like in 5 years time??
Mind as you say it is those that appear resident that the Guardia target I have just returned from a trip at my house and last week there must have been a dozen Traffico at the roundabout near Algarrobo with cars pulled of the road in all directions all appeared Spanish, me in my hire car waved straight through.