British Expats

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-   Spain (https://britishexpats.com/forum/spain-75/)
-   -   Quick Question (https://britishexpats.com/forum/spain-75/quick-question-865347/)

Albir_Tom Sep 17th 2015 8:17 am

Quick Question
 
Could somebody please clear this up for me ?

Upto what cc bike are you allowed to drive on a full UK driving licence and does the same apply when in Spain ?

Does it differ for each individual person ?

Thank you in advance.

Tom.

Fred James Sep 17th 2015 8:39 am

Re: Quick Question
 
I don't know what you can do in UK, but in Spain, if you have had a UK car licence for 3 years, you can drive a motorcycle up to 125cc.

Albir_Tom Sep 17th 2015 8:50 am

Re: Quick Question
 
Brilliant thank you Fred.

Just read a thread on a forum from 2007 and somebody said exactly the same.

Can't see anything would have changed since then.

snikpoh Sep 17th 2015 6:00 pm

Re: Quick Question
 

Originally Posted by Fred James (Post 11751468)
I don't know what you can do in UK, but in Spain, if you have had a UK car licence for 3 years, you can drive a motorcycle up to 125cc.

Are you sure (I'm sure you are correct but ...)?

How does that work then?

When my wife exchanged her licence to a Spanish one, this category was not allocated to her even though she had held her UK licence for over 20 years.

Just looking now, she has no motorbike categories listed. Do the Guardia just 'assume' one can ride a 125 based on the dates of the licence?

Fred James Sep 17th 2015 6:28 pm

Re: Quick Question
 
Because it is a concession, it is not shown as a group on your licence. If it was, you would be able to ride a 125cc motorcycle outside of Spain and that concession only applies in Spain.

The relevant law states:-

No obstante, las personas que estén en posesión del permiso de la clase B en vigor, con una antigüedad superior a tres años, podrán conducir dentro del territorio nacional las motocicletas cuya conducción autoriza el permiso de la clase A1.

Casa Santo Estevo Sep 17th 2015 6:57 pm

Re: Quick Question
 

Originally Posted by Albir_Tom (Post 11751460)
Could somebody please clear this up for me ?

Upto what cc bike are you allowed to drive on a full UK driving licence and does the same apply when in Spain ?

Does it differ for each individual person ?

Thank you in advance.

Tom.

It is not clear what the answer is to the question in red is. If you have a UK D.L. the Spanish rules apply? Or do you have to register the UK D.L. with the Spanish authorities for the Spanish rules to apply? Is yours?
It is certain that you can drive a 125 with a car licence with a Spanish S.L
WIKI.
Re-reading the article it is also down to when your D:L was issued too.

Fred James Sep 17th 2015 7:14 pm

Re: Quick Question
 
If you have a valid UK licence, then I would assume that "mutual recognition" of EU licences would give you the same right to ride the motorcycle.

I doubt that you will easily find a definitive answer to the question, but it just depends on the Guardia officer that stops you.

The driving licence must have been held for at least 3 years to get this concession.

snikpoh Sep 17th 2015 8:00 pm

Re: Quick Question
 

Originally Posted by Casa Santo Estevo (Post 11751731)
It is not clear what the answer is to the question in red is. If you have a UK D.L. the Spanish rules apply? Or do you have to register the UK D.L. with the Spanish authorities for the Spanish rules to apply? Is yours?
It is certain that you can drive a 125 with a car licence with a Spanish S.L
WIKI.
Re-reading the article it is also down to when your D:L was issued too.

What do you mean by this? This is not done any more - it's not a requirement!

You either drive a UK DL (the EU plastic one) or you exchange this for a Spanish DL (plastic EU one).

No registration, stamping or anything else is required.

Fred James Sep 17th 2015 8:37 pm

Re: Quick Question
 

Originally Posted by snikpoh (Post 11751762)
What do you mean by this? This is not done any more - it's not a requirement!

It's still optional.

1. Holders of driving licenses issued in any of these states who acquired their normal residence in Spain, subject to the provisions of the preceding article, may volunteer at any Provincial Traffic annotation data permission in the register of drivers and offenders.

Casa Santo Estevo Sep 17th 2015 9:36 pm

Re: Quick Question
 

Originally Posted by Fred James (Post 11751742)
If you have a valid UK licence, then I would assume that "mutual recognition" of EU licences would give you the same right to ride the motorcycle.

I doubt that you will easily find a definitive answer to the question, but it just depends on the Guardia officer that stops you.

The driving licence must have been held for at least 3 years to get this concession.

Mutual recognition is the tricky point of this question. As you say depends on the GC who stops you. Which then brings in the question is it worth a risk?

Did not know about the 3 waiting period.

Casa Santo Estevo Sep 17th 2015 9:41 pm

Re: Quick Question
 

Originally Posted by snikpoh (Post 11751762)
What do you mean by this? This is not done any more - it's not a requirement!

You either drive a UK DL (the EU plastic one) or you exchange this for a Spanish DL (plastic EU one).

No registration, stamping or anything else is required.

Yep sorry living in the past.
You are obliged to exchange under these rules.

Fred James Sep 17th 2015 9:58 pm

Re: Quick Question
 
I suspect that there are very few UK licence holders who have the old paper licence. If you have the current photocard licence you are not obliged to exchange your licence.

snikpoh Sep 17th 2015 10:38 pm

Re: Quick Question
 

Originally Posted by Fred James (Post 11751784)
It's still optional.

1. Holders of driving licenses issued in any of these states who acquired their normal residence in Spain, subject to the provisions of the preceding article, may volunteer at any Provincial Traffic annotation data permission in the register of drivers and offenders.

OK, but around here they simply will NOT do it. We've taken people to do it (as we help them with interpreting) but trafico have simply sent us away stating that this wasn't done any more. Clearly every where is different.

Tadd1966 Sep 17th 2015 10:56 pm

Re: Quick Question
 

Originally Posted by Fred James (Post 11751825)
I suspect that there are very few UK licence holders who have the old paper licence. If you have the current photocard licence you are not obliged to exchange your licence.


Correct but if you plan to drive in the UK and the address on your UK DL is not your residence you could end up being fined if caught or stopped by the police for a check etc. as it is an offence in the UK not to inform the DVLA of an address change (the DVLA do not chase you).


Also I think the rules may have changed in the UK to stop you using friends / relatives addresses for example if you need to change address on your UK licence you have to prove the past 3 years of UK residency address(es)


IMO if you live permanently in Spain then change your licence for a Spanish one it is easy to do and you can always change it back if needed.

billgates Sep 18th 2015 12:13 am

Re: Quick Question
 
So if you have a Spainsh licence you can ride a 125cc in Spain, but can you ride a 125cc in the UK using a Spainsh licence?

snikpoh Sep 18th 2015 12:15 am

Re: Quick Question
 

Originally Posted by billgates (Post 11751901)
So if you have a Spainsh licence you can ride a 125cc in Spain, but can you ride a 125cc in the UK using a Spainsh licence?

I think Fred's answer in post #5 answers that.

I think the answer is NO as it's a Spanish territory ruling.

Fred James Sep 18th 2015 3:28 am

Re: Quick Question
 

Originally Posted by Tadd1966 (Post 11751863)
Correct but if you plan to drive in the UK and the address on your UK DL is not your residence you could end up being fined if caught or stopped by the police for a check etc. as it is an offence in the UK not to inform the DVLA of an address change (the DVLA do not chase you).

If you reside abroad, the DVLA are quite happy for you to retain your old UK residential address on your licence as they are unable to change it to a foreign address.

If you were stopped in the UK, in the unlikely event that the police would worry about your address, if you can prove that you are resident outside the UK there is nothing anyone can do about it.

Albir_Tom Sep 18th 2015 9:24 pm

Re: Quick Question
 
Bought a 125cc scooter. All that's needed is a n.i.e number and proof of padron.

As long as you've had your uk licence 3 years away you go.

Changing licences over and all that don't even come into it there are plenty of people who buy scooters, cars etc and leave them in Spain as holiday run arounds.

If you actually are here permanent and intend on staying for many years then it won't hurt to change to a Spanish licence because at the end of the day you live in Spain and not the uk.

Dizzydee Sep 18th 2015 9:41 pm

Re: Quick Question
 
As someone with a full motorbike A licence I find it quite disturbing that Spain allows people to just climb on a 125cc machine based on holding a car licence for 3 years.

At least in the UK you have to take a CBT (compulsory basic training) before you get on a 125cc bike. That training includes how to operate the bike safely. OK, many scooters are of the "twist and go" variety but climbing on a geared bike for the first time without tuition and riding on public roads sounds like a recipe for disaster.

davidinspain Sep 18th 2015 9:47 pm

Re: Quick Question
 

Originally Posted by Dizzydee (Post 11752751)
As someone with a full motorbike A licence I find it quite disturbing that Spain allows people to just climb on a 125cc machine based on holding a car licence for 3 years.

At least in the UK you have to take a CBT (compulsory basic training) before you get on a 125cc bike. That training includes how to operate the bike safely. OK, many scooters are of the "twist and go" variety but climbing on a geared bike for the first time without tuition and riding on public roads sounds like a recipe for disaster.

The real recipe for disaster in Spain is a teenager on a 50cc moto.For proof, try getting a quote for insuring one yourself:lol:

Dizzydee Sep 19th 2015 1:01 am

Re: Quick Question
 

Originally Posted by Daveinspain (Post 11752753)
The real recipe for disaster in Spain is a teenager on a 50cc moto.For proof, try getting a quote for insuring one yourself:lol:

In the UK? No thank you!

There are a few who ride "sensibly" but tracksuits and trainers should be an instant ban!

snikpoh Sep 19th 2015 1:31 am

Re: Quick Question
 

Originally Posted by Albir_Tom (Post 11752745)
Bought a 125cc scooter. All that's needed is a n.i.e number and proof of padron.

You do NOT need the padron - rental contract or ecritura will suffice (as in proof of address).

Non-residents shouldn't be on the padron of course!

billgates Sep 19th 2015 6:21 am

Re: Quick Question
 

Originally Posted by Dizzydee (Post 11752815)
In the UK? No thank you!

There are a few who ride "sensibly" but tracksuits and trainers should be an instant ban!

Tracksuits and trainers?
In Spain it's more like shorts, no top and flipflops.
However, you don't see too many without a helmet now, except the passengers (plural)

Rosemary Sep 19th 2015 9:49 am

Re: Quick Question
 

Originally Posted by billgates (Post 11753022)
Tracksuits and trainers?
In Spain it's more like shorts, no top and flipflops.
However, you don't see too many without a helmet now, except the passengers (plural)

You forgot the sunglasses and of course the dog riding on the fuel tank.

Rosemary

Tadd1966 Sep 20th 2015 1:41 am

Re: Quick Question
 

Originally Posted by Fred James (Post 11752109)
If you reside abroad, the DVLA are quite happy for you to retain your old UK residential address on your licence as they are unable to change it to a foreign address.

If you were stopped in the UK, in the unlikely event that the police would worry about your address, if you can prove that you are resident outside the UK there is nothing anyone can do about it.



Fred - Sorry but you are incorrect I spoke direct to DVLA on this very subject recently and it is an offence to have an invalid address on your UK driving licence whether you reside overseas or not.
The advice on the DVLA website recommends you contact the driving licence authority in your new country of residence.


The advice they gave me was if you were stopped whilst driving in the UK and the police did a check on your DL and the address on DL was not your residence you can be prosecuted (as it is an offence), fined up to £1000 and could invalidate your insurance. Any camera offences the details would be sent to the address on your DL via a Notice of Intended Prosecution (NIP) and no response within 28 days you could get up to 6 points and a hefty fine


If you doubt me please call the DVLA and check

olivefarmer Sep 20th 2015 2:18 am

Re: Quick Question
 
How does that work then?

Camera offence on day one.

At home till day before receiving offence in post.

Go on a work assignment abroad for six weeks

Come back home and you have missed the 28 days?

Tadd1966 Sep 20th 2015 2:38 am

Re: Quick Question
 

Originally Posted by olivefarmer (Post 11753422)
How does that work then?

Camera offence on day one.

At home till day before receiving offence in post.

Go on a work assignment abroad for six weeks

Come back home and you have missed the 28 days?



I think you would have to discuss that with the police or in court and prove your absence in mitigation etc.

snikpoh Sep 20th 2015 4:02 am

Re: Quick Question
 

Originally Posted by Tadd1966 (Post 11753404)
Fred - Sorry but you are incorrect I spoke direct to DVLA on this very subject recently and it is an offence to have an invalid address on your UK driving licence whether you reside overseas or not.
The advice on the DVLA website recommends you contact the driving licence authority in your new country of residence.


The advice they gave me was if you were stopped whilst driving in the UK and the police did a check on your DL and the address on DL was not your residence you can be prosecuted (as it is an offence), fined up to £1000 and could invalidate your insurance. Any camera offences the details would be sent to the address on your DL via a Notice of Intended Prosecution (NIP) and no response within 28 days you could get up to 6 points and a hefty fine


If you doubt me please call the DVLA and check

That's one of the reasons Spain doesn't have an address on their DL.

My interpretation of the Website is different - the DVLA is quite understanding about the address on the (UK) DL being wrong IF you are resident in another country.

I tend to agree with Fred. Also, it depends who you speak to at DVLA

From an email I received from DVLA;


It is accepted that drivers who move to another part of the EC/EEA could be holding a licence showing an incorrect address. This is permissible under the terms of the EC Directive on Driving Licences.

As of 1 January 1997 changes to driving licence legislation were introduced in order to implement the EC Second Directive.

Fred James Sep 20th 2015 4:15 am

Re: Quick Question
 

Originally Posted by Tadd1966 (Post 11753404)
Fred - Sorry but you are incorrect

That is contrary to the advice I received by email from the DVLA (similar to the one Snikpoh received) regarding not having a valid UK address on your licence if you drive outside the UK.

They confirmed that it was acceptable under the EU directive.

With regard to going back to the UK with an incorrect address, I cannot see how they can object to that if they have agreed that your licence is acceptable in another EU country under EU rules.

Maybe the person you spoke to is the one who is incorrect.

That said, anyone who lives in Spain is crazy not to exchange their UK licence for a Spanish licence - it will only give you grief ( possibly not legally justified) in both countries if you do not.

I stand by what I said and suggest that if you have a problem with that, that you get a response in writing from the DVLA.

Tadd1966 Sep 20th 2015 4:57 am

Re: Quick Question
 

Originally Posted by Fred James (Post 11753471)
That is contrary to the advice I received by email from the DVLA (similar to the one Snikpoh received) regarding not having a valid UK address on your licence if you drive outside the UK.

They confirmed that it was acceptable under the EU directive.

With regard to going back to the UK with an incorrect address, I cannot see how they can object to that if they have agreed that your licence is acceptable in another EU country under EU rules.

Maybe the person you spoke to is the one who is incorrect.

That said, anyone who lives in Spain is crazy not to exchange their UK licence for a Spanish licence - it will only give you grief ( possibly not legally justified) in both countries if you do not.

I stand by what I said and suggest that if you have a problem with that, that you get a response in writing from the DVLA.


Fred we have obviously received different views from the DVLA but they were adamant that if you drove in the UK without a valid UK address you would be committing an offence

Fred James Sep 20th 2015 5:02 am

Re: Quick Question
 
But did you explain that you were visiting the UK on a temporary basis and were normally resident outside the UK?

I have emailed them with that specific question and will post their response when I get it.

Albir_Tom Sep 21st 2015 6:45 am

Re: Quick Question
 

Originally Posted by Dizzydee (Post 11752751)
As someone with a full motorbike A licence I find it quite disturbing that Spain allows people to just climb on a 125cc machine based on holding a car licence for 3 years.

At least in the UK you have to take a CBT (compulsory basic training) before you get on a 125cc bike. That training includes how to operate the bike safely. OK, many scooters are of the "twist and go" variety but climbing on a geared bike for the first time without tuition and riding on public roads sounds like a recipe for disaster.

So how do you feel about people who have car licences being able to just jump on a Yamaha raptor 660cc quad bike ? Because that is perfectly legal too!!

I'm assuming it's the same in Spain when it comes to quad bikes as it's classed as four wheels it comes under car driving licence not bike, I think it is completely stupid to just let anybody drive one of those things they are lethal!!

But as far as a twist and go moped goes I don't see the problem it's just common sense isn't it.

billgates Sep 21st 2015 8:11 am

Re: Quick Question
 
And what about people having only just passed their test being able to get behind the wheel of a Ferrari or porsche or for that matter a Ford Focus that can do 140mph. or someone jumping into an automatic when they've only ever driven a manual - you can kill someone at 30mph.

It has always been the case that you learn to drive after passing your test.

As long as you have been taught how to control the vehicle you are operating, be it a motorcyle, quad or car, it's all about the highway code, the rules of the road. If you've been driving a car for twenty years why should you have to pass another test just to ride a motorcyle?

Now an HGV, that's a bit differnt, when you've got 25 tonnes sat in your trailer you have to learn your stopping distances.

Fred James Sep 21st 2015 9:50 pm

Re: Quick Question
 

Originally Posted by Tadd1966 (Post 11753496)
Fred we have obviously received different views from the DVLA but they were adamant that if you drove in the UK without a valid UK address you would be committing an offence

I have just received an email from the DVLA stating:-


Providing your UK licence is still valid, you will be covered to drive when you return as a visitor even if it is displaying an old address.



I'm not surprised they gave you the wrong information. It took me four emails before they managed to give me an answer that related to the question!

Dizzydee Sep 21st 2015 10:34 pm

Re: Quick Question
 

Originally Posted by billgates (Post 11754464)
As long as you have been taught how to control the vehicle you are operating

That is precisely the point I was making. If Spanish law allows someone to jump on a (geared) bike simply by virtue of having held a car licence for a period of time it is a disaster waiting to happen.

The reasoning behind this is that without a UK style CBT, people may not have been taught how to control the bike. Driving a car for a few years doesn't mean you automatically know how to operate a bike.

Using your feet to change gear and hands to operate throttle (accelerator), brake and clutch is alien to someone who has only ever done it the other way around in a car. Then of course you have the small matter of balance to deal with. You can't just fall off a car when you come to a stop at a junction!

Twist n go scoots are an entirely different matter. Twist to go faster, brake to go slower. The rest is road sense which should be natural to most experienced car drivers.

Dizzydee Sep 21st 2015 10:40 pm

Re: Quick Question
 

Originally Posted by Fred James (Post 11754774)
I have just received an email from the DVLA stating:-


Providing your UK licence is still valid, you will be covered to drive when you return as a visitor even if it is displaying an old address.



I'm not surprised they gave you the wrong information. It took me four emails before they managed to give me an answer that related to the question!

It doesn't help when consulting firms are giving out advice that say otherwise.

"One of the conditions of holding a UK licence is that the address it is registered to is your PERMANENT place of residence, if you are living in Spain and using a family address then you are falsifying information to obtain this licence."
Driving Licences in Spain - Costa Med ConsultingCosta Med Consulting

snikpoh Sep 21st 2015 10:44 pm

Re: Quick Question
 

Originally Posted by Dizzydee (Post 11754805)
It doesn't help when consulting firms are giving out advice that say otherwise.

"One of the conditions of holding a UK licence is that the address it is registered to is your PERMANENT place of residence, if you are living in Spain and using a family address then you are falsifying information to obtain this licence."
Driving Licences in Spain - Costa Med ConsultingCosta Med Consulting

... but that is absolutely correct.

If you are UK resident then the address must be correct.

If you live in Spain, then you must NOT use a false address (family address for example) - presumably to get a new licence (otherwise you wouldn't bother changing it)


What's the problem?

Dizzydee Sep 22nd 2015 12:28 am

Re: Quick Question
 

Originally Posted by snikpoh (Post 11754812)
... but that is absolutely correct.

If you are UK resident then the address must be correct.

If you live in Spain, then you must NOT use a false address (family address for example) - presumably to get a new licence (otherwise you wouldn't bother changing it)


What's the problem?

I don't think we were talking about getting a brand new, first licence I wasn't anyway). If that were the case you would be UK resident (to be taking your test in the UK?)

I'm looking at it from the point of view of Mr X moving to Spain and then later renewing his (UK) licence (with the DVLA) and still using his old UK address.

The point here is that Fred has been told by DVLA that you can have your old address on your licence but the advice I linked to states you cannot have anything but your permanent address.

Obviously the correct way to do it is renew in Spain and why residents would want to retain their UK address is beyond me anyway, but people evidently do.

davidinspain Sep 22nd 2015 1:18 am

Re: Quick Question
 

Originally Posted by Dizzydee (Post 11754801)
That is precisely the point I was making. If Spanish law allows someone to jump on a (geared) bike simply by virtue of having held a car licence for a period of time it is a disaster waiting to happen.

The reasoning behind this is that without a UK style CBT, people may not have been taught how to control the bike. Driving a car for a few years doesn't mean you automatically know how to operate a bike.

Using your feet to change gear and hands to operate throttle (accelerator), brake and clutch is alien to someone who has only ever done it the other way around in a car. Then of course you have the small matter of balance to deal with. You can't just fall off a car when you come to a stop at a junction!

Twist n go scoots are an entirely different matter. Twist to go faster, brake to go slower. The rest is road sense which should be natural to most experienced car drivers.

Still seems the majority of accidents on the roads with motorised bikes involve the 50cc twist and go.I've been here a fair amount of time and can't remember reading anything about ex-pats on 125'5 being in accidents,which I'm sure the Spanish press would highlighted if any had happened.

snikpoh Sep 22nd 2015 1:22 am

Re: Quick Question
 

Originally Posted by snikpoh (Post 11754812)
... but that is absolutely correct.

If you are UK resident then the address must be correct.

If you live in Spain, then you must NOT use a false address (family address for example) - presumably to get a new (old one expired) licence (otherwise you wouldn't bother changing it)


What's the problem?


Originally Posted by Dizzydee (Post 11754926)
I don't think we were talking about getting a brand new, first licence I wasn't anyway). If that were the case you would be UK resident (to be taking your test in the UK?)

I meant to say "new" as in replacement because the old one has expired (they expire every 10 years normally).


It is certainly illegal to apply for a UK licence (new or replacement) if you live in Spain.

As you say, why people don't simply exchange it for a Spanish one is beyond me!!!


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