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  1. Who can legally drive in Spain?
  2. Road rules in Spain
  3. Can I get driving licence points back if I lose them?

Spanish motoring laws cover who can drive, what you must carry in your car, and what you can and cannot do when driving. They may be slightly different to driving rules in your country of origin, so you may want to check them before using Spain's roads. As there is a lot to learn, we will answer the most frequently-asked questions below.

Who can legally drive in Spain?

To drive in Spain legally, you must be at least 18 years old and hold a full, valid driving licence. If your licence is not from Spain, you might need an International Driving Licence, if you are on holiday. If you live in Spain, you will eventually need to replace your licence. You can find out more about this in our article Can I drive in Spain with a licence from another country?

You must not have any health conditions that could make it dangerous for you to drive. These include epilepsy, Alzheimer's, or eyesight problems that cannot be corrected with prescription spectacles. Additionally, you should not drive if you take medication which affects your ability to concentrate, or makes you drowsy.

I am a learner driver. Can I practise driving off-road with a person who has a full licence?

No, you are not allowed to do this in Spain. Learners are only permitted to drive during lessons with a qualified instructor affiliated to a registered State-run driving school and in a driving school car. Unlike in many countries, where learners can 'practise' in between lessons with a parent or older relative in their own car, this is illegal in Spain. It could lead to the pupil facing criminal charges – even if they are driving off-road, on a car park or private land. You could risk a driving ban before you have even passed your test.

Once you have passed your test and get your first licence, you must display L-plates in your car for one year.

Once you have passed your test, you must display L-plates in your car for one year. Photo: Canva

Road rules in Spain

Like most countries, Spanish road traffic law covers speed limits, driving behaviour, alcohol limits, and other safety factors. Breaking these laws can mean a fine, loss of licence points, a temporary driving ban, or even prison. The severity of the punishment depends upon the type of offence committed.

Spanish licences operate a points system. When first issued, you will have 12 points, and these are deducted if you commit a traffic offence. Loss of all 12 points means an automatic driving ban. You will need to take officially-recognised courses at a State-run driving school to recover your points; they are not merely restored after a specified period of time.

What are the speed limits on Spanish roads?

Main national, regional or provincial highways between towns have a speed limit of 90 kilometres per hour (56 miles per hour, or mph). When they pass through built-up areas, the limit drops to 50 kilometres per hour (31mph). Motorways have a speed limit of 120 kilometres per hour (74.5mph). Roads that stop and start within a town have a speed limit of 30 kilometres per hour (18.6mph).

Sometimes, speed limits may be lower than the standard ones described here. Where they are slower, signs bearing the maximum speed will be in place. Some towns, for example, have introduced limits of 20 kilometres per hour (12.5mph).

Most roads with speed cameras will display warning signs. Source: Dgt.es

Being caught driving above the speed limit can lead to a fine of between €100 and €500. Very serious speeding offences might involve criminal charges. You may lose up to four points from your licence. If you exceed the speed limit by a very high percentage, you could be banned from driving for several months.

Speeding offences are sometimes registered by radar. These are usually signposted so drivers know where they are. A photograph of your car and details of the offence will be sent to your home address. Police with hand-held radars are not normally signposted, so you may not know where they are stationed.

On Spanish roads, you should only overtake if it is safe to do so without exceeding the speed limit.

What are the alcohol limits for driving in Spain?

Maximum alcohol consumption for drivers in Spain is typically among the lowest in Europe. It is not defined by quantity of liquid, but by the concentration of alcohol in the driver's body. Anyone under 18 riding a moped, bicycle or electric scooter is subject to a zero-alcohol limit. Under-18s cannot buy alcohol in Spain.

People who have passed their driving test less than two years ago, as well as people who drive for their jobs, are limited to 0.3 grams of alcohol per litre of blood or 0.15 milligrams per litre of breath. For all other adults, the limit is 0.5 grams of alcohol per litre of blood, or 0.25 milligrams per litre of breath.

The amount of alcohol in the breath is measured when traffic police conduct a breathalyser test. Refusing to take this test when requested usually means you will be fined. Driving whilst over the alcohol limit attracts fines ranging from €500 to €1,000. For serious drink-driving offences, you could be banned from driving, face criminal charges, or both.

Non-medical drugs are not permitted in any quantity. Consuming any recreational drugs, including cannabis, before or whilst driving will lead to a fine. You could even lose your licence, or face criminal charges.

What are the rules about mobile phones and speed-camera detectors when driving in Spain?

You must not use your mobile phone, even hands-free, when driving in Spain. If you need to answer or make a call or message, you should pull over when it is safe to do so, and switch your engine off. Even using a mobile phone whilst parked with your engine running is considered an offence. If caught, you can be fined approximately €200.

Using a mobile phone whilst driving, consulting a GPS application or having a speed-camera detector in your car are road traffic offences in Spain. Photo: Freepik

Speed-camera detectors are not permitted in Spain. Mobile phone applications (Apps) which detect fixed radars or police with hand-held speed cameras are also against the law. You will be fined at least €200 for having these in your car, even if you are not using them. You will also lose six points from your licence, which is 50% of the total. Being caught twice means, therefore, that you will lose your driving licence.

Is it true that you cannot drive in flip-flops or topless in Spain?

Despite the rumours, there are no specific laws in Spain against driving in flip-flops, with bare feet, or topless. You cannot be fined directly for any of these. However, traffic police can fine you for driving in a manner which is not safe. This includes wearing anything that restricts your movement, or makes it uncomfortable for you to concentrate properly.

Flip-flops, or any other shoes which might be painful and distract you, or which can prevent you from braking quickly, could present a danger. Certain clothing, or lack of clothing, may impede your movement, making your driving less safe. If you are caught driving in an unsafe manner, you are likely to be fined, whatever the cause. But if you are driving safely whilst wearing flip-flops, swimwear, or similar, you will not be fined.

Your clothing, or lack of clothing, might affect the position of your seatbelt. If it does, you could be fined, but not because of what you are wearing. Seatbelts must be worn correctly and at all times whilst driving, and by all passengers. If a passenger is found not wearing a seatbelt, it is normally the driver who is fined. Failure to wear a seatbelt means losing four points (one-third of the total) from your licence.

Is it illegal to smoke whilst driving in Spain?

At present, no, it is not. There is no specific law banning smoking whilst driving. But if the act of smoking, of lighting or searching for a cigarette, distracts you, this is different. Where doing so makes your driving unsafe, even briefly, you could be fined.

It is, however, illegal to throw cigarette ends – or any other object – out of your car window. Throwing any item out of your window could cause forest fires, injuries to pedestrians or cyclists, or a distraction for other drivers. This means doing so is a motoring offence, and you can be fined €500. You will also lose six points from your licence. Doing so in a town could also lead to a fine for littering as well as the €500 for the motoring offence.

What are the rules about overtaking cyclists?

Drivers overtaking cyclists must leave a gap of at least 1.5 metres (four feet 11 inches). Cars are permitted to cross an unbroken central white line to do so, as long as it is safe. Where it is not safe to cross the line, they must wait behind the cyclists until the way ahead is clear.

If you do not leave enough space between your car and a cyclist when passing, you will lose six points from your driving licence. You could also be fined.

Children travelling by car in Spain must be properly strapped into the correct type of seat for their size. They are obligatory for children of a height of 1.35 metres (four feet five inches) or less. However, Spain's traffic authority recommends they continue to use them until they are 1.5 metres (four feet 11 inches) tall. Known as 'child restraint systems' (sistemas de retención infantil, or SRI), these seats are normally necessary from age four until approximately 10 or 12. This is because a seatbelt alone does not protect a passenger whose feet do not reach the floor.

When driving with children, the correct child restraint seats must be used. Photo: PickPik

Special infant SRI seats are mandatory for children of up to 15 months old, or 71 centimetres (two feet four inches) tall, whichever comes latest. For example, a child older than 15 months but shorter than 71 centimetres must continue to use an infant seat. Younger children taller than 71 centimetres must use them until they are 15 months old. After this, special infant SRI seats are not legally required. However, we recommend they are used until the child is at least four years old.

At over 1.35 metres tall, children are allowed to travel in the front seat of the car. If they are 1.35 metres or shorter, children can only travel in the front passenger seat if the car does not have back seats. If the back seats are all occupied by SRI seats for smaller children, the tallest can sit in the front passenger seat. Even in the front seat, they must use an SRI child seat suitable for their height.

Can I get driving licence points back if I lose them?

You can take action to recover lost licence points, but not immediately. You will need to have driven for at least two years without committing any offence. Only then can you start building up your points again.

The number of points deducted depends upon the severity of the offence. If an offence affects driving licence points, the minimum lost is four.

Taking a course on safe driving at a State-run driving school will restore two points. You can then take additional courses to recover the rest of your lost points. You will need to pay a fee to take part in each course.

For more information on driving in Spain, you might like to read our article What are the legal requirements for my car if I drive in Spain?

Make sure you are familiar with the road rules before driving in Spain. Source: Pixabay

The information contained in this article is for general information and guidance only. Our articles aim to enrich your understanding of the Spanish property market, not to provide professional legal, tax or financial advice. For specialised guidance, it is wise to consult with professional advisers. While we strive for accuracy, thinkSPAIN cannot guarantee that the information we supply is either complete or fully up to date. Decisions based on our articles are made at your discretion. thinkSPAIN assumes no liability for any actions taken, errors or omissions.

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