Traffic Offences in Spain: Fines, Points and How to Appeal

# Traffic Violations in Spain: Fines, Points, and How to Appeal

Traffic regulations in Spain are governed by Royal Legislative Decree 6/2015, of 30 October, approving the consolidated text of the Law on Traffic, Motor Vehicle Circulation and Road Safety (LSV) (Ley sobre Tráfico, Circulación de Vehículos a Motor y Seguridad Vial), developed by the General Traffic Regulations (RD 1428/2003) (Reglamento General de Circulación).

Classification of Violations

The LSV classifies violations into three categories:

Minor Violations (Art. 76 LSV)

Fine of up to €200. Examples: not wearing a seatbelt, talking on the phone without hands-free (a serious violation if repeated), parking in a prohibited area without obstructing traffic.

Serious Violations (Art. 77 LSV)

Fine of €200 to €500. Examples: driving 21 to 30 km/h over the speed limit, failing to comply with a STOP sign, driving without mandatory insurance, failing to yield at a pedestrian crossing.

Very Serious Violations (Art. 78 LSV)

Fine of €500 to €1,000 (with possible higher special amounts). Examples: driving more than 50 km/h over the speed limit, driving with a blood alcohol level above 0.60 mg/l in exhaled air (or above 0.25 for novice/professional drivers), driving under the influence of drugs, failing to stop at a police checkpoint.

Points-Based Driving Licence System

All drivers are assigned an initial 12 points (or 8 if they have held their licence for less than 3 years). Certain serious and very serious violations result in point deductions:

When a driver reaches 0 points, the DGT (Dirección General de Tráfico; Spain's General Directorate of Traffic) revokes their driving licence for a minimum of 6 months. To recover the licence, the driver must complete a road safety awareness and re-education course.

Point recovery operates automatically: if no violations resulting in point deductions are committed within 2 years, 2 points are restored (up to a máximum of 12, or 15 if a voluntary course has been completed).

Penalty Procedure

Initiation: The Notice of Infringement

A notice of infringement may be issued by:

• Traffic officers (Guardia Civil de Tráfico ( Traffic Civil Guard, Policía Municipal ) Municipal Police, Policía Local; Local Police).
• Automated systems (speed cameras, speed control cameras, bus lane cameras, etc.).

If the notice is issued by an officer present at the scene, the offender may be notified on the spot. If the notice is issued without an officer present (e.g., via a speed camera), notification is sent to the registered address of the vehicle owner.

Procedural Deadlines

1. Service of the notice: the Administration has 3 months from the date of the offence to notify the opening of proceedings. Once this period has elapsed, the notice becomes time-barred (Art. 83 LSV).
2. Representations: the person notified has 20 working days from notification to submit representations and propose evidence.
3. Decisión: if no representations are submitted, or if they are rejected, a penalty decisión is issued.
4. Limitation period for the penalty: minor violations become time-barred after 3 months, serious violations after 6 months, and very serious violations after 1 year.

Early Payment Discount (Art. 80 LSV)

If the offender pays the fine within 20 calendar days of notification, a reduction of 50% is applied to the penalty amount. Payment with the discount implies waiving the right to appeal the penalty.

How to Appeal a Traffic Fine

1. Administrative Representations (Art. 85 LSV)

Within 20 working days of notification, representations may be submitted to the authority that initiated the proceedings. This is the mandatory first step.

2. Administrative Appeal (Recurso de Reposición)

Against the penalty decisión, an administrative appeal (recurso de reposición: optional) may be lodged before the same authority within 1 month of notification.

3. Judicial Review (Recurso Contencioso-Administrativo)

If the administrative appeal is dismissed (or if the party chooses to go directly to court), a judicial review claim (recurso contencioso-administrativo) may be filed within 2 months before the Administrative Court (Tribunal de Instancia de lo Contencioso-Administrativo). In traffic penalty cases, the summary procedure applies (Art. 78 LJCA; Law on Administrative Litigation).

Common Grounds for Appeal

• Error in the identification of the vehicle or driver.
• Time-bar of the violation or the penalty.
• Defective notification (notification not received, sent to an incorrect address).
• Failure to calibrate or type-approve the speed camera.
• Error in the classification of the violation.
• Driving out of necessity (medical emergency, etc.).

Identification of the Driver (Art. 69 LSV)

The registered owner of the vehicle is required to identify the driver who committed the violation if that person is not the owner, within 20 days. Failure to identify the driver results in the fine being doubled (for serious and very serious violations). If the violation entails a point deduction, points are only deducted from the identified driver.

Conclusion

Before paying a traffic fine with the 50% early payment discount, it is worth assessing whether there are grounds to appeal with a reasonable prospect of success. Payment implies acceptance of the violation and forfeits the right to appeal. For violations involving a significant deduction of points, a legal assessment may well justify the cost of mounting a defence.