How to Appeal a Traffic Fine in Spain: Complete Guide to Appeals and Defenses

How to Appeal a Traffic Fine in Spain: Complete Guide to Appeals and Defenses

Traffic fines are the most common administrative penalty in Spain, with millions of proceedings processed annually by the Directorate General of Traffic (DGT), local police forces, and autonomous communities with transferred competencies. However, not all fines are properly imposed: procedural errors, notification defects, and technical failures in control devices offer the sanctioned person legal avenues for challenge.

This guide analyzes the sanctioning procedure, the appeal phases, and the most effective defenses under the Road Traffic, Motor Vehicle Circulation and Road Safety Act (RDL 6/2015) and its General Circulation Regulations.

The Traffic Sanctioning Procedure

Legal framework

The sanctioning procedure for traffic matters is regulated by:

• RDL 6/2015 (Consolidated Text of the Road Traffic Act): Articles 71 to 92.
• Law 39/2015 (Common Administrative Procedure Act): applicable supplementarily.
• General Circulation Regulations (RD 1428/2003): regulatory development of infractions and penalties.

Types of infractions

The law classifies infractions into four categories:

Ordinary vs. abbreviated procedure

Since the 2010 reform, the law establishes two procedures:

• Abbreviated procedure (Art. 80 RDL 6/2015): if the offender pays within 20 calendar days of notification, a 50% reduction on the fine applies. The right to administrative appeal is waived but the contentious-administrative route is preserved.
• Ordinary procedure: if the offender does not pay and submits allegations. No discount.

Phases of Appeal Against a Traffic Fine

Phase 1: Allegations (Art. 81 RDL 6/2015)

Upon receiving notification of the complaint (complaint slip or notification by mail), the offender has 20 calendar days to submit allegations. This is the first opportunity to defend yourself.

The allegations must:

• Identify the sanctioning file.
• Set out the facts and legal grounds for opposition.
• Propose evidence (documents, witnesses, technical reports, dashcam recordings).
• Request, if applicable, to view the file (Art. 82.1 Law 39/2015).

Phase 2: Sanctioning resolution

If the allegations are rejected, the instructor issues a proposed resolution and the competent body issues the sanctioning resolution. This resolution must contain:

• The proven facts.
• The infraction committed and the rule violated.
• The penalty imposed (fine and, if applicable, points deduction).
• Indication of available appeals.

Phase 3: Administrative appeal (recurso de alzada) (Art. 92 RDL 6/2015)

Against the sanctioning resolution, an administrative appeal may be filed with the hierarchically superior body (Provincial Traffic Chief if the DGT sanctioned, mayor if local police sanctioned). The deadline is 1 month from notification of the resolution.

The administrative appeal is the final step in the administrative route. Its rejection (express or by negative administrative silence after 3 months) exhausts the administrative route and opens the door to a contentious-administrative appeal.

Phase 4: Contentious-administrative appeal

Once the administrative route is exhausted, the offender may file a contentious-administrative appeal before the Contentious-Administrative Court (Art. 8 LJCA). The deadline is 2 months from notification of the appeal resolution (or 6 months if there was administrative silence).

Abbreviated contentious procedure: traffic fines with amounts below EUR 30,000 are processed under the abbreviated procedure of Art. 78 LJCA: direct claim, without a separate filing brief.

Important: in this route, the involvement of a lawyer is mandatory (a court representative is not mandatory at first instance, Art. 23.1 LJCA, for amounts below certain thresholds depending on the autonomous community).

Common Defenses Against Traffic Fines

Notification defects

Notification is an essential act in the procedure. The most frequent defects are:

• Notification at incorrect address: if the Administration did not attempt notification at the address on file in the DGT Registry, the penalty may be annulled.
• Publication notification without exhausting personal means: publication in the Single Official Notice Board (TEU) is only valid if personal notification attempts have been previously exhausted (Art. 44 Law 39/2015).
• Lack of minimum content: the notification must clearly indicate the facts, the infraction, the penalty, deadlines, and available appeals.

Statute of limitations for the infraction

Traffic infractions have limitation periods based on their severity (Art. 92 RDL 6/2015):

• Minor: 3 months.
• Serious: 6 months.
• Very serious: 6 months.

The period runs from the commission of the infraction. It is interrupted by any administrative action with the knowledge of the interested party directed at the sanction.

Expiry of the procedure

The sanctioning procedure must be resolved within 1 year from the initiation of the file (Art. 21.2 Law 39/2015 and Art. 112 of the Sanctioning Procedure Regulations). If that period passes without an express resolution, the file expires and must be archived.

Radar or control device defects

Radars and speed cameras must meet strict technical requirements:

• Initial and periodic verification by the Spanish Metrology Center (Art. 9 Order ITC/3123/2010).
• Margin of error: speed cameras have a margin of error of +/-5% for speeds above 100 km/h and +/- 5 km/h for speeds below (technical specification).
• Driver identification: with fixed radars, if the photograph does not allow driver identification, liability falls on the vehicle owner, who may identify the actual driver.
• Valid calibration: if the calibration certificate has expired, the measurement lacks evidentiary validity.

Driver identification

If the vehicle owner was not the driver at the time of the infraction, they may:

• Identify the actual driver within 20 days (Art. 82 RDL 6/2015).
• If the driver is not identified, the owner is responsible for a separate very serious infraction for failure to comply with the identification duty (Art. 77 RDL 6/2015, EUR 500 fine).

Factual errors

• Vehicle registration number error: if the complaint slip contains an incorrect registration number.
• Location error: if the infraction did not occur at the indicated location.
• Time or date error: discrepancies that can be proven with evidence (GPS, toll records, witnesses).

Deficient signage

If road signage was confusing, non-existent, contradictory, or concealed by vegetation, the penalty may be annulled for violation of the principle of legal certainty. The offender must prove the signage defect (photographs, municipal road maintenance reports).

Driving License Points System

Points system

The driving license starts with 8 points (12 for new drivers after two years without infractions). Points are lost for serious and very serious infractions, and are recovered:

• Partially: after 2 years without infractions that deduct points.
• Fully: after 3 years without infractions (2 years for minor or serious infractions).
• Through awareness courses: allow recovery of up to 6 points.

Challenging points deduction

Points deduction is not an autonomous penalty but an accessory consequence of the main penalty. If the fine is annulled, the deducted points are automatically recovered. The contentious-administrative appeal may request, as a precautionary measure, the suspensión of points deduction.

How Lexiel AI Helps You Appeal Traffic Fines

Appealing a traffic fine requires knowledge of the administrative sanctioning procedure, the technical regulations for speed cameras, and case law on nullities. Lexiel AI automates the defense:

• File analysis: Lexiel automatically identifies possible formal defects, notification issues, and statute of limitations problems in the sanctioning file.
• Allegation generation: drafts allegations adapted to the type of infraction (radar, drunk driving, signage, parking) with appropriate legal grounds.
• Administrative appeal: generates the appeal with reference to relevant administrative case law.
• Contentious appeal: prepares the contentious-administrative claim draft if the administrative route is exhausted.
• Deadline tracking: alerts about the 20 days for allegations, 1 month for administrative appeal, and 2 months for contentious appeal.

Frequently Asked Questions About Traffic Fines

Is it worth appealing a traffic fine?

It depends on the severity of the infraction and whether there is a formal or substantive defect. Fines with points deduction deserve special attention because they affect the validity of the driving license. Statistically, fines challenged for notification defects or radar calibration issues have a significant success rate.

If I pay with the 50% discount, can I appeal later?

By paying with the abbreviated procedure discount (Art. 80 RDL 6/2015), you waive the right to submit allegations and administrative appeals. However, you retain the right to file a contentious-administrative appeal before the courts.

How long does the DGT take to resolve an appeal?

Allegations must be resolved within 1 year (procedure expiry). The administrative appeal has a resolution deadline of 3 months; if that period passes without resolution, it is deemed rejected by negative administrative silence. The contentious-administrative appeal may take between 6 and 18 months depending on the court.

¿Can they take points off my license if the fine was not notified?

The penalty is only final when it is notified and the appeal deadlines pass without challenge, or when appeals are resolved. If the notification was defective, the penalty is not final and the points deduction can be challenged.

What do I do if the fine is from a radar and I was not driving?

You have 20 days from notification to identify the actual driver (Art. 82 RDL 6/2015). If you do not identify the driver, you will be responsible for a very serious infraction for failure to comply with the identification duty, with a EUR 500 fine. It is essential to preserve evidence that another person was driving (rental contract, driver's declaration, travel receipt).

Can I appeal a parking fine?

Yes. Parking fines are minor infractions that can be challenged through allegations and administrative appeal. The most common grounds are: deficient signage, parking zone error, and compliance with time limits if the parking meter receipt is available.

Need to Appeal a Traffic Fine?

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