Medical requirements for drivers in Spain

[gus-lopez]

Residents who still use their UK licences in Spain have been obliged to have medicals for some time now under the existing rule that non Spanish licence holders must comply with the same conditions that apply to Spanish licence holders with regard to the length of validity of their licence and the requirement to have medical checks.

The EU Directive on Driving Licences, which has been around for at least 5 years will finally come into law on the 19th of January and has to be adopted by all EU countries by that date.

It was implemented in Spain some years ago when they changed a number of driving rules.

& yes the German licence lasts until you die. the Uk one until the age of 70 but the winner is the Norwegian which is valid until your 100th birthday.............. then you need a medical ! :rofl:

[ramblarider]

The Directive states:

Article 7


2. (a) As from 19 January 2013, licences issued by Member States for categories AM, A1, A2, A, B, B1 and BE shall have an administrative validity of 10 years.

A Member State may choose to issue such licences with an administrative validity of up to 15 years;

(b) As from 19 January 2013, licences issued by Member States for categories C, CE, C1, C1E, D, DE, D1, D1E shall have an administrative validity of 5 years;

(c) The renewal of a driving licence may trigger a new administrative validity period for another category or categories the licence holder is entitled to drive, insofar as this is in conformity with the conditions laid down in this Directive;

3. The renewal of driving licences when their administrative validity expires shall be subject to:

(a) continuing compliance with the minimum standards of physical and mental fitness for driving set out in Annex III for driving licences in categories C, CE, C1, C1E, D, DE, D1, D1E; and

(b) normal residence in the territory of the Member State issuing the licence, or evidence that applicants have been studying there for at least six months.

OK. What this means is:

1. Your normal UK  (photo card) license is good until it expires. All States agree recognise each others licenses.
2. If you spend more than 183 days in any 12 month period here, for driving license purposes, you are "resident" (unless there are compelling reasons to the contrary).
3. If you hold certain types of license THAT DO NOT HAVE AN EXPIRY DATE (some German licenses, apparently) after two years residency here (by above rule) then Spain can apply its normal DL terms to it and impose an expiry and medical test requirements, irrespective of the fact it has no expiry date on it.
4. When your license becomes due for renewal and if you are resident here, you should exchange it for Spanish licence.
5. If your license is valid, there is NO REQUIREMENT for a medical test UNTIL IT BECOMES DUE FOR RENEWAL.

Pretty clear. The rubbish about getting a UK licence "validated by" or "registered with" Traffico is pure nonsense. I think they just make this stuff up as they go along... Spanish law does not say that, and neither does any EU directive on driving licenses. There is an (old) Spanish provision that foreign licenses could be registered by residents... but... this pre-dates the EU License and was in in any event voluntary.... it serves no purpose now. I suspect this is what might be confusing some...

[cantabrian]

IF someone who is VERY WELL with money PLEASE buy my house so i can get AWAY from DISNEYLAND!!!!!

[G and T]

I think I agree with Ramblarider. I have just read EU Directive 2012/126. It doesn't per se mention medicals with regard to the points raised in this thread.

It does say "Member States should be allowed to impose medical examinations as a guarantee of compliance with the minimum standards of physical and mental fitness for driving other motor vehicles. For reasons of transparency, such examinations should coincide with a renewal of driving licences and therefore be determined by the period of validity of the licence"

Richard.

[ramblarider]

Sorry about the blue.....but i just cut and pasted from an e-mail i received from a Solicitor

I'd get another solicitor.....

"Given the great number of you that have asked me about whether it is obligatory or not to register your UK or European driving licences in the Traffic Office in Spain, I inform you that YES, you have to register it"

The text and Real Decree cited say nothing of the kind....

[ramblarider]

See EU Directive 2012/126.  Starts today.

Correct. Important points:

2. When the holder of a valid national driving licence without the administrative validity period set out in Article 7(2) takes up normal residence in a Member State other than that which issued the driving licence, the host Member State may apply to the licence the administrative validity periods set out in that Article by renewing the driving licence, as from 2 years after the date on which the holder has taken up normal residence on its territory.

Practical implication: After 2 years of establishing residency (under the criteria below, not the Spanish '3 month' test), you should change your UK license to a Spanish one.

Article 12

Normal residence

For the purpose of this Directive, "normal residence" means the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he is living.

However, the normal residence of a person whose occupational ties are in a different place from his personal ties and who consequently lives in turn in different places situated in two or more Member States shall be regarded as being the place of his personal ties, provided that such person returns there regularly. This last condition need not be met where the person is living in a Member State in order to carry out a task of a definite duration. Attendance at a university or school shall not imply transfer of normal residence.

Interesting implications here, because Spanish 'residency' registration requirements are based on any consecutive 90 days.... so, if you are here for short periods (less than 90 days each) you have no legal requirement to register.... but if, cumulatively, you go beyond 183 days in a 12 month period, you are supposed to change your license. The Spanish authorities may not do this for you however, as they (have until now) demanded you are on the Register of Citizens of the European Community before issuing you with a Spanish license. Another can of worms.

[guitarman]

Well this a subject which confuses us all ,we got stopped going to the covered in market on the way to Albox ,the guardia asked us straight away for our medical cert for driving ,we said we do not have one and we have european driving pictured licence, we do not need one we can drive on this ,(we are under 60 so that might be different )he went to the other officer had a little chat and asked us for our passports he checked them out,came back and said thanks and waved us on our way ,seems to me its made up as they go ,its a grey area as others are paying up fines on the spot . :-\

[Malcolm]

See EU Directive 2012/126.  Starts today.

[Pennydot]

Hi Eddie,
Thanks for the law information  We did the Medical and went to register our UK Driving Licences as shown in 5. unfortunately the lady we went to at Trafico in Almeria, did not appear to have read it.  She wanted to keep our Photo licences, until we said No, and then another lady came, at her request, and said No also, and that we had to come back in 1 month.  We still don't know why we have to go back, so we are taking advice on the matter.  Once I know I will post it.

Pennydot

[Eddie]

Sorry about the blue.....but i just cut and pasted from an e-mail i received from a Solicitor

[jimmybeen]

Well it's not blue but it is now clear Thanks Eddie

[Eddie]

This answers all the questions re license.


Given the great number of you that have asked me about whether it is obligatory or not to register your UK or European driving licences in the Traffic Office in Spain, I inform you that YES, you have to register it.



Once you become a resident in Spain, the Spanish law will apply to your licence on the following points:



Period of validity
Medical Report – psychophysical test.
Points on the driving licence.


The law is : Real Decreto 818/2009, de 8 de mayo, por el que se aprueba el Reglamento General de Conductores.



This is the chapter where you can find this obligation. Article 15. Point 5 (I have translated this is blue)

CAPÍTULO II.

DE LOS PERMISOS DE CONDUCCIÓN EXPEDIDOS EN OTROS PAÍSES.
SECCIÓN I. DE LOS PERMISOS EXPEDIDOS EN ESTADOS MIEMBROS DE LA UNIÓN EUROPEA O EN ESTADOS PARTE DEL ACUERDO SOBRE EL ESPACIO ECONÓMICO EUROPEO.
Artículo 15. Validez del permiso de conducción en España.

1. Los permisos de conducción expedidos en cualquier Estado miembro de la Unión Europea o en Estados Parte del Acuerdo sobre el Espacio Económico Europeo con arreglo a la normativa comunitaria mantendrán su validez en España, en las condiciones en que hubieran sido expedidos en su lugar de origen, con la salvedad de que la edad requerida para la conducción corresponderá a la exigida para obtener el permiso español equivalente.

2. No obstante, no serán válidos para conducir en España los permisos de conducción expedidos por alguno de dichos Estados que estén restringidos, suspendidos o retirados en cualquiera de ellos o en España.

3. Tampoco serán válidos los permisos de conducción expedidos en cualquiera de esos Estados a quien hubiera sido titular de otro permiso de conducción expedido en alguno de ellos que haya sido retirado, suspendido o declarada su nulidad, lesividad o pérdida de vigencia en España.

4. El titular de un permiso de conducción expedido en uno de estos Estados que haya adquirido su residencia normal en España quedará sometido a las disposiciones españolas relativas a su período de vigencia, de control de sus aptitudes psicofísicas y de asignación de un crédito de puntos.

TRANSLATION OF POINT 4: 4, The holder of the licence issued in one of these countries (E.U) who has taken up normal residence in Spain shall be subject to the Spanish laws relating to the period of validity, control of their mental and physical fitness and allocation of credit points.

Cuando se trate de un permiso de conducción no sujeto a un período de vigencia determinado, su titular deberá proceder a su renovación, una vez transcurridos dos años desde que establezca su residencia normal en España, a los efectos de aplicarle los plazos de vigencia previstos en el artículo 12.

5. El titular del permiso de conducción que haya adquirido su residencia normal en España, y deba someterse a la normativa española de acuerdo con lo dispuesto en el apartado anterior, una vez superada la prueba de control de aptitudes psicofísicas, continuará en posesión de su permiso de conducción, procediéndose a la anotación en el Registro de conductores e infractores del período de vigencia que le corresponda según su edad y la clase de permiso de que sea titular.

5.- The holder of a driving licence who has taken up normal residence in Spain, and it is subject to Spanish law in accordance with the provisions of the proceeding paragraph, once he has past the test of mental and physical fitness, he will continue in possession of the driving licence, proceeding to register in the register of drivers and violators the duration of the driving licence that corresponds according to his age and the type of licence held.

[jimmybeen]

'Lizzie'    "is this really a legal requirement?"   This topic was covered a few weeks ago in another thread and everyone seemed to have an idea of what was or was not required but the end result seemed to be if you are over 60 years of age then get one, as it is required by the Spanish and is therefor worth being able to show to the men in green if asked but under 60 years then what's the point no one else will have one !
Have a look at this thread       Medical Certificates for driving « on: December 14, 2012, 12:59:03 PM »
For what it's worth I don't think it is a legal requirement IF you are driving on a UK driving license, but if you are using a Spanish license then it is a legal requirement.  

[byrney]

....have a large brandy Lizzie????

[Lizzie1201]

Thanks for that info all
I have reads the threads as recommended
Still confused
is this really a legal requirement?
OK with the doctor bit now!
what do I have to do once the medical is done?

[jimmybeen]

Lizzie You really should take a look at a thread on this page called 'Registering Driving Licenses' as this covers the same issue and a post there tells you what you need to complete the process.

[John and Sue]

It depends if you have an English driving licence or a Spanish one. If its an English one you can get your medical in Albox at a place called Checkbox 950 430 816. The doctor speaks good English.

I recently went there to re-new my driving licence. ask for an English speaker on the phone

Its just up from the Rambla cafe on the other side of the road just opposite a Spanish cafe with an Orange outdoor seating area.

Cheers John

[Lizzie1201]

Hello All
We are new to your forum
so here goes
Today we heard that a medical is needed for all drivers in Spain, does anybody have any info on where to get this done
and what else we have to do to get this done?
All help would be much appreciated!
Thanks
Graham