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DRIVING

Penalties, speed limits and prohibitions: Spain’s tougher driving laws for 2021

Spain's new Traffic Code came into force on January 2nd 2021, an updated rulebook which includes new speed limits for urban roads, harsher penalties overall as well as limitations to where e-scooters can be ridden.

Published: 10 November 2020 17:44 CET
Updated: 4 January 2021 10:20 CET
Penalties, speed limits and prohibitions: Spain's tougher driving laws for 2021
Photos: AFP

On November 11th, Spain's Cabinet of Ministers approved a new draft of its Traffic Code, a decree which stands out for featuring harsher penalties for common driving offences and changes to speed limits on many of its roads.

Although the new rule book became official on January 2 2021, Spain's Directorate General of Traffic has announced that only the clauses relating to e-scooters and similar mobility devices will be applicable from that date, whereas those relating to speed limits and other general road offences will be properly implemented six months after November 11, on May 11.

Points off licence

Drivers in Spain caught using their mobile phone while at the wheel will lose 6 points off a total of 12 on their licences, rather than the current penalty of 3.

Any driver caught using their mobile device a second time will lose an extra 4 points off their licence, instead of 3.

This is part of a stricter approach to the point system for drivers in Spain, “for behaviour which causes the biggest risk while driving”.

“Since 2016, distractions are the main cause of serious accidents,” Spain's Interior Minister Fernando Grande Marlaska said in a press conference on Tuesday, pointing to messaging app WhatsApp as one of these primary disturbances at the wheel.

The penalty for not wearing a seatbelt (or not wearing it properly) in cars and other four-wheeled vehicles will go from 3 to 4 points, as will the penalty for motorcyclists caught not wearing a helmet, or when young children aren't sat in a proper booster or car seat in a vehicle.

Having a device to detect speed cameras installed in a vehicle will incur fines of €500 and the loss of 3 points off the driving licence.

Drivers will be able to recoup two points by carrying out a ‘driving safety course' which is currently being developed.

Lower speed limits

The Spanish government is aiming to reduce road deaths and serious injuries caused by traffic accidents by 50 percent with this new bill.

In order to achieve this, it will limit the speed on one-way roads to 20km/hour, when there is no height difference between the sidewalk and the road.

For roads with one lane in each direction the speed will now be a maximum of 30km/h.

Many provincial capitals across Spain have already rolled out their own legislation limiting the speed on urban roads to 30km/h rather than 50km/h given the long wait for this amendment of Spain's Traffic Code by the national government.

READ MORE: Why you will soon have to drive more slowly in Spanish cities

On roads with two or more lanes of traffic in each direction, the limit remains at 50km/h.

Spain's Interior Minister Fernando Grande Marlaska has said that these new speed limits won't apply to main roads in Spain's big cities.

Vehicles won't be able to surpass the speed limit at all when overtaking on secondary roads, whereas before it was allowed by up to 20km/h when overtaking.

E-scooters banned from pavement

Personal mobility vehicles such as electric scooters or Segways will now have to follow most of the road rules that already exist for four-wheel vehicles in Spain.

The standout change is that riders will no longer be allowed on sidewalks or on pedestrianised areas, nor on motorways, inter-city roads or in urban tunnels. 

The new laws also enshrine earlier proposals by Spain's Directorate General of Traffic such as not being to ride while using a mobile phone, headphones or under the influence of alcohol and/or drugs.

These types of electrically-powered mobility devices that have taken over many Spanish cities in recent years will now require a driving certificate to be used and have the speed limit has been set at 25km/h.

All the above rules for e-scooter and similar mobility devices will be applicable across Spain from January 2 2021. 

READ MORE: Spain plans crackdown on electric scooters

New rules for beginner drivers

Spain’s updated Traffic Code also has tougher penalties for budding drivers caught cheating with a mobile phone or another device whilst sitting their theory test: a €500 fine and a six-month ban before being to sit the exam again.

It’s also now possible for anyone over the age of 18 to get a driving license for trucks and coaches. In the case of trucks, the license can be obtained from the age of 18 as long as the 280-hour Certificate of Professional Aptitude (CAP) has been passed

For coaches, it will be possible to drive from the age of 18, but without passengers and in a radius of less than 50 kilometres. From the age of 21, with the CAP certificate approved, they will be able to carry passengers.
 

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LIFE IN SPAIN

EXPLAINED: How to buy a boat in Spain

Considering buying a boat to enjoy life to the fullest in Spain? Here's a breakdown of costs, legal requirements, financing options and useful tips to factor in before purchasing a bowrider, a day sailer, a yacht or any other 'barco'.

Published: 3 May 2024 12:18 CEST
EXPLAINED: How to buy a boat in Spain

Spain has around 8,000km of coastline, and access to the Mediterranean, Atlantic, and Bay of Biscay. For boat enthusiasts, you’re spoilt for choice in Spain.

But it’s not just as simple as picking out a boat, buying it and setting off into the ocean.

There are several decisions you’ll need to make first, rules to follow, administrative hoops to jump through, and then maintenance costs on top of that.

Types of boats

The first thing you’ll need to consider is the type of boat you want to buy.

Generally they can be split into two broad categories: motor boats and sailing boats.

Motor boats are the most popular type of boat sold and offer the greatest variety of options because they include pretty much everything from smaller more affordable power boats to huge luxury yachts.

As such, you could get a smaller motor boat, say for day trips of fishing on the coast, for as little as €10,000, whereas yachts, as you can imagine, can cost millions, depending on the size, power, design and quality of the boat.

According to several Spanish maritime sources, buying a used boat that you can live on in Spain can cost anywhere between €13,000 and €150,000.

Spanish website topbarcos.com has hundreds of boats listed for you to get an idea of what’s available in the second-hand market, as well as a page for new vessels.

Sailing boats are the more environmentally friendly option and require the most skill to sail, and include light sailboats, catamarans and trimarans. Again, prices vary from €5,000 to over a million, depending on the size, type of sail, material and quality of the boat.

Once you’ve decided on the type of boat you want and found one you’d like to buy, you’ll need to consider any potential legal requirements.

A woman sits next to a yacht in Puerto Banús luxury marina in Marbella. (Photo by JORGE GUERRERO / AFP)

What are the legal requirements when buying a boat in Spain?

  • The correct nautical qualifications for the type and size of the boat you want to buy. There are different types of nautical licences to sail different boats in Spain, such as the PNB (Basic Navigation Skipper), the PER (Recreational Boats Skipper), the PY (Yacht Skipper) or the CY (Yacht Captain). Each has specific limitations in terms of length, power, distance from the coast and the type of sailing you can do.
  • Compulsory civil liability insurance that covers possible damages that you may cause to third parties with your boat.
  • Have all the necessary documentation for the boat, such as the certificate of seaworthiness and (essentially an MOT for the boat, showing that it’s in working order) and the navigation permit.
  • You’ll also need to pay the corresponding taxes on the boat purchase, such as VAT (21 percent), the special tax on certain means of transport (12 percent) or the transfer tax (4 or 6 percent, depending on the region).

READ ALSO: How do I get my boat licence in Spain

What other factors should you keep in mind before buying?

Think about what type of navigation you want to do, how often, with how many people and what your budget is. 

Don’t go with the first boat you see. Search and compare different models, brands, prices, conditions etc and don’t forget to keep an eye out for scams.

It’s a no-brainer but try the boat before you buy it, don’t just rely on photos or descriptions. Request a test ride to check the condition and navigational operation of the boat. 

If you do not have much experience or knowledge of nautical matters, it’s advisable to hire a professional to accompany you throughout the purchasing process. It could help you avoid possible legal, technical or administrative problems that arise.

They will also assist you with checking the condition of the boat’s interior: the carpentry, the engine, the electrical installation, the tanks, bilge, kitchen, bathroom and other compartments.

Here is a list of dozens of Spain-based brokers (as they’re called) or nautical companies that can assist you. 

Crucially, they will also be able to give you an informed assessment of what price you should be paying for the boat you’ve chosen. 

How can you pay for a boat?

Unless you have enough disposable income to pay for it cash, you probably want to know what kind of financing is available to you. 

There is the nautical mortgage (hipoteca náutica), which mimics the system for property mortgages, including the need for a down payment and embargo conditions in non-payment situations. 

Nautical credits (Créditos náuticos) also exist, which again are not too different from regular loans, including fewer notary costs than nautical mortgages and fixed interest rates. 

And lastly, nautical leasing is also an option, which is when a company acquires a boat and rents it to a customer for a certain period of time (normally between 4 and 15 years) and usually with an option to buy at the end of the contract.

Don’t forget the upcoming maintenance costs

If you manage all that and buy the boat, you’ll need to maintain the boat and pay costs to do so. These include:

The mooring: ie. the place where the boat is left when it is not in use. The price of mooring depends on the size of the boat and the location of the port. It can range from around €100 per month to several thousand.

However, be warned, in Spain these aren’t easy to come by. The Association of Industries, Commerce and Nautical Services (ADIN), estimates that Spain has only 107,894 moorings for 229,000 boats.

You’ll also need to pay for periodical technical checks that must be carried out on the boat from time to time to check its condition and operation. Again, the price depends on the type and size of the boat and the services contracted. It can vary from around €200 euros to several thousand.

Regularly cleaning the boat to avoid dirt, rust, algae, and parasites damaging the boat can also be quite costly. It can vary from as little as €50 for smaller boats to several hundred for bigger ones, and most experts recommend it should be done every 4-6 weeks.

READ ALSO: How to live on a boat in Spanish waters

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