Interpretation of the law
#1
Just Joined
Thread Starter
Joined: Dec 2005
Posts: 23
Interpretation of the law
Hi all,
I'm hoping someone can enlighten me on the law regarding non resident's right to drive a uk plated car in Spain.
I'm non resident, although I own a house here in Spain, up to now I've been keeping to the six month rule, not living in Spain or having my vehicle here for more than six months of the year.
Yesterday I was stopped by the Guardia Civil, and given thirty days in which to matriculate my vehicle.
They gave me a form which they had filled in with my details and the details of my vehicle, the form quoted "la Ley 38/1992, de 28 de deciembre, de impuestos especiales ( B.O.E. num. 312, de 29-12-1992).
The form seems to say that if you own a home here then resident or not you must matriculate your vehicle.
Any one else had this experience?
I'm hoping someone can enlighten me on the law regarding non resident's right to drive a uk plated car in Spain.
I'm non resident, although I own a house here in Spain, up to now I've been keeping to the six month rule, not living in Spain or having my vehicle here for more than six months of the year.
Yesterday I was stopped by the Guardia Civil, and given thirty days in which to matriculate my vehicle.
They gave me a form which they had filled in with my details and the details of my vehicle, the form quoted "la Ley 38/1992, de 28 de deciembre, de impuestos especiales ( B.O.E. num. 312, de 29-12-1992).
The form seems to say that if you own a home here then resident or not you must matriculate your vehicle.
Any one else had this experience?
#2
Lost in BE Cyberspace
Joined: Feb 2008
Posts: 5,624
Re: Interpretation of the law
Paul we had a discussion on this matter a few weeks ago you gen get temp registration number if I remember correctly seems a lot of hassle see this thread
http://britishexpats.com/forum/showt...es#post9971327
http://britishexpats.com/forum/showt...es#post9971327
#3
BE Enthusiast
Joined: Mar 2008
Location: SE Dordogne France
Posts: 982
Re: Interpretation of the law
http://europa.eu/youreurope/citizens...s/index_en.htm has the correct information and is condensed from the relative EU directive http://eur-lex.europa.eu/LexUriServ/...L0182:en:HTMLA where article 3 states:
Temporary importation of certain means of transport for private use
Where a private vehicle, caravan, pleasure boat, private aircraft, tricycle or bicycle is imported temporarily, the item imported shall be exempt from the taxes specified in Article 1 for a period, continuous or otherwise, of not more than six months in any 12 months, provided that: (a) the individual importing such goods: (aa) has his normal residence in a Member State other than the Member State of temporary importation;
It should be remembered also that where ambiguity or doubt exists, not that there is any here, directives should be interpreted in the spirit of the union which is to enhance and facilitate free movement, not hinder it.
What the Spanish are doing then is clearly both illegal and against the spirit of the directive and needs raising with SOLVIT
Temporary importation of certain means of transport for private use
Where a private vehicle, caravan, pleasure boat, private aircraft, tricycle or bicycle is imported temporarily, the item imported shall be exempt from the taxes specified in Article 1 for a period, continuous or otherwise, of not more than six months in any 12 months, provided that: (a) the individual importing such goods: (aa) has his normal residence in a Member State other than the Member State of temporary importation;
It should be remembered also that where ambiguity or doubt exists, not that there is any here, directives should be interpreted in the spirit of the union which is to enhance and facilitate free movement, not hinder it.
What the Spanish are doing then is clearly both illegal and against the spirit of the directive and needs raising with SOLVIT
#4
Re: Interpretation of the law
If you are non resident (ie. spending less that 183 days in one calendar year in Spain) then you are not obliged to matriculate your foreign car which can stay in Spain as long as it is legal (in the UK ie. MOT tax etc.) and kept off the road in your absence.
Unfortunately you will find it difficult to contest this and they will probably come and "seal" your car with tape so that you cannot use it if you have not matriculated it. A visit to a lawyer might help but that won't be cheap.
Taking it back to the UK might prove the easiest option under the circumstances unless you are prepared to matriculate it.
It's sad that they are not taking the same approach to all the 1000's of UK reg cars used by residents.
#5
Re: Interpretation of the law
.............. and then there's the interpretation of 'legal' in its home country... ie is the insurance valid and will it actually pay out in the event of a claim
#6
Re: Interpretation of the law
The often quoted statement " they won't pay out if you have a claim" only applies to damage to your own car or passengers - third party claims have to be paid. As a result it is very difficult for the police to claim that the car is not legal because the insurance is not valid. All that the law requires is that the car has third party cover - which it does.
#7
Re: Interpretation of the law
I don't think that's an issue. If a policy has been issued on the car the insurance company is obliged by law to pay out any third party claims, even if they decide that the policy is no longer valid for whatever reason.
The often quoted statement " they won't pay out if you have a claim" only applies to damage to your own car or passengers - third party claims have to be paid. As a result it is very difficult for the police to claim that the car is not legal because the insurance is not valid. All that the law requires is that the car has third party cover - which it does.
The often quoted statement " they won't pay out if you have a claim" only applies to damage to your own car or passengers - third party claims have to be paid. As a result it is very difficult for the police to claim that the car is not legal because the insurance is not valid. All that the law requires is that the car has third party cover - which it does.
#8
BE Enthusiast
Joined: Mar 2008
Location: SE Dordogne France
Posts: 982
Re: Interpretation of the law
What Fred says is true however if 'irregularities' are found to exist which, had they known about them would have caused your insurance company to withdraw your cover, which BTW they can do at any time and for any reason by sending 7 days written notification to the last address they have for you, then it's possible for them to subsequently pursue you for their losses. What they cannot do is summarily cancel cover without giving notice or in the aftermath of an accident when 'irregularities' often come to light.
From this we can go on to debunk another popular myth, the one which has it that the lack of a valid MOT invalidates your insurance, it doesn't, and insurance companies are on even shakier ground here as they cannot just use the fact of no MOT itself to limit payouts to 3rd parties. To do that they must reasonably prove that actual defects found in a non MOT'd vehicle (if any) caused, or significantly contributed to, an incident.
From this we can go on to debunk another popular myth, the one which has it that the lack of a valid MOT invalidates your insurance, it doesn't, and insurance companies are on even shakier ground here as they cannot just use the fact of no MOT itself to limit payouts to 3rd parties. To do that they must reasonably prove that actual defects found in a non MOT'd vehicle (if any) caused, or significantly contributed to, an incident.
#9
Re: Interpretation of the law
What Fred says is true however if 'irregularities' are found to exist which, had they known about them would have caused your insurance company to withdraw your cover, which BTW they can do at any time and for any reason by sending 7 days written notification to the last address they have for you, then it's possible for them to subsequently pursue you for their losses. What they cannot do is summarily cancel cover without giving notice or in the aftermath of an accident when 'irregularities' often come to light.
From this we can go on to debunk another popular myth, the one which has it that the lack of a valid MOT invalidates your insurance, it doesn't, and insurance companies are on even shakier ground here as they cannot just use the fact of no MOT itself to limit payouts to 3rd parties. To do that they must reasonably prove that actual defects found in a non MOT'd vehicle (if any) caused, or significantly contributed to, an incident.
From this we can go on to debunk another popular myth, the one which has it that the lack of a valid MOT invalidates your insurance, it doesn't, and insurance companies are on even shakier ground here as they cannot just use the fact of no MOT itself to limit payouts to 3rd parties. To do that they must reasonably prove that actual defects found in a non MOT'd vehicle (if any) caused, or significantly contributed to, an incident.
#10
Re: Interpretation of the law
If you check the small print on your policy document you not find an MOT/ITV mentioned as a requirement - only that you must keep the vehicle in a roadworthy condition - which has nothing to do with a 10 minute, once a year test.
The arbiters of whether is was roadworthy at the time of an accident will be the Guardia technical people and the insurance company engineers. Even it is wasn't deemed to be roadworthy any third party claims would still be met.
#11
Just Joined
Thread Starter
Joined: Dec 2005
Posts: 23
Re: Interpretation of the law
Thanks everyone for your helpful replies, it certainly seems that the Spanish authorities are acting contrary to E.U. law.
Also it looks like I wouldn't be able to matriculate my vehicle anyway, as it's a right hand drive pick-up truck, which would be classed as a commercial vehicle.
Also it looks like I wouldn't be able to matriculate my vehicle anyway, as it's a right hand drive pick-up truck, which would be classed as a commercial vehicle.
#12
Re: Interpretation of the law
Thanks everyone for your helpful replies, it certainly seems that the Spanish authorities are acting contrary to E.U. law.
Also it looks like I wouldn't be able to matriculate my vehicle anyway, as it's a right hand drive pick-up truck, which would be classed as a commercial vehicle.
Also it looks like I wouldn't be able to matriculate my vehicle anyway, as it's a right hand drive pick-up truck, which would be classed as a commercial vehicle.