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DRIVING

Driving in Spain: Can you ever overtake on the right?

As you drive on the right in Spain, one would assume that overtaking could only ever happen in the left-hand lane. However, there are some exceptions to the rule.

Published: 5 June 2024 11:20 CEST
Driving in Spain: Can you ever overtake on the right?
When can you legally overtake to the right while driving in Spain? Photo: Photo by Jo Kassis: https://www.pexels.com/photo/cars-on-road-with-neon-lights-near-buildings-6053255/

In Spain, road traffic regulations require that, as a rule, you must drive in the right-hand lane where possible.

If you want to overtake, you must do so in the lane to the left, although there are certain exceptions (more on that below).

If you’re caught overtaking using the lane to the right, you can be fined up to €200, according to Spain’s Real Automóvil Club de España (RACE).

However, Spain’s traffic authority Dirección General de Tráfico (DGT), which is like Spain’s version of the DVLA of DMV, states that drivers who “continuously drive in the left lane only cause more traffic jams, braking and collisions.”

In short, in Spain you should drive on the right and only overtake on the left, generally speaking.

Not that many drivers in Spain follow the rules at all times, of course.

However, they aren’t necessarily breaking the rules, and there are a number of exceptions when overtaking on the right is allowed.

Articles 82 and 83 of the Reglamento General de Circulación (RGC) list three of the most common exceptions when you can overtake on the right in Spain:

  • If the car you are overtaking goes to the left, per the RGC: “if there is sufficient space to do so, the overtaking shall be carried out on the right and adopting maximum precautions, when the driver of the vehicle you intend to overtake is clearly indicating his intention to change direction to the left or stop on that side, as well as, on roads with two-way traffic, trams running in the central area.”
  • If you are driving in a town or city, you can also overtake on the right: “within towns, on roads with at least two lanes reserved for traffic in the same direction of travel, delimited by longitudinal markings, overtaking on the right is permitted provided that the driver of the vehicle carrying out the overtaking is previously sure that he can do so without danger to other road users.”
  • If you are in a traffic jam and stay in the right lane, it is only considered passing, not overtaking: “when the traffic density is such that vehicles occupy the entire width of the carriageway and can only move at a speed depending on the speed of the vehicle in front of them in their lane, the fact that those in one lane move faster than those in the other lane shall not be considered overtaking. In this situation, no driver shall change lanes in order to overtake or to perform any other manoeuvre than preparing to turn right or left, to leave the carriageway or to take a certain direction.”

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For members

DRIVING

EU countries to extend range of offences foreign drivers can be fined for

The EU has agreed to extend the number of driving offences for which motorists from other member states can be fined for and to make it easier for authorities to chase up the fines and make foreign drivers pay.

Published: 13 May 2024 17:28 CEST
EU countries to extend range of offences foreign drivers can be fined for

In the last voting session of this term, in April, the European Parliament passed new rules to ensure drivers who breach local traffic rules in another EU member state are found and fined.

The cross-border enforcement (CBE) directive was first adopted in 2015 after it was found that non-resident drivers were more likely to commit speeding offences. The European Commission estimated that in 2008, foreign drivers accounted for about 5 percent of road traffic in the EU but committed around 15 percent of speeding offences.

The directive partially improved the situation, but according to the Commission 40 percent of traffic violations committed in other EU countries are still unpunished “because the offender is not identified or because the fine is not enforced”.

In March 2023, the Commission therefore proposed updating existing measures.

New rules extend the type of offences that will trigger assistance from another member state and seek to improve collaboration among national authorities to identify and fine offenders.

The European Parliament and Council agreed in March on the final text of the directive, which is now being formally approved by the two institutions.

André Sobczak, Secretary-General at Eurocities, a group representing European cities in Brussels, said: “While the final outcome of the discussions is not ideal, we are pleased that EU policymakers have at least put the issue of the enforcement of local traffic rules on foreign vehicles on the table. As we approach an election year, I believe such a practical example can demonstrate why a European approach is necessary to address local issues.”

Which traffic offences are covered?

The previous directive covered eight driving misconducts that would require member states to cooperate: speeding, not wearing seat belts, failing to stop at a red traffic light, drink-driving, driving under the effect of drugs, not wearing a helmet (motorcycles / scooters), using a forbidden lane and using a mobile phone or other communication devices while driving.

The Commission proposed to add to the list not keeping a safe distance from the vehicle in front, dangerous overtaking, dangerous parking, crossing one or more solid white lines, driving the wrong way down a one way street, not respecting the rules on “emergency corridors” (a clear lane intended for priority vehicles), and using an overloaded vehicle.

The Parliament and Council agreed to these and added more offences: not giving way to emergency service vehicles, not respecting access restrictions or rules at a rail crossings, as well as hit-and-run offences.

Despite calls from European cities, the new directive does not cover offences related to foreign drivers avoiding congestion charges or low emission zones. In such cases, information about vehicle registration can only be shared among countries with bilateral agreements.

Karen Vancluysen, Secretary General at POLIS, a network of cities and regions working on urban transport, called on the next European Commission to take other local traffic offences, such as breaches of low emission zones, “fully at heart”.

Collaboration among national authorities

For the traffic violations covered by the directive, EU countries have to help each other to find the liable driver. The new directive further clarifies how.

Member states will have to use the European vehicle and driving licence information system (Eucaris) to get the data of the offender.

National authorities will have 11 months from the date of the violation to issue the fine to a vehicle from another EU member state. However, they will not have to resort to agencies or private entities to collect the fine. This was requested by the European Parliament to avoid scams or leaks of personal data.

Authorities in the country of the offender will have to reply to requests from another EU member state within two months.

When the amount of the fine is more than €70, and all options to have it paid have been exhausted, the member state where the violation occurred can ask the country of the offender to take over the collection.

The person concerned will be able to request follow-up documents in a different official EU language.

When will the new rules will be enforced?

Now that the EU Parliament has passed the law, the EU Council has to do the same, although there is no date set for when that will happen. Once the directive is adopted, EU countries will have 30 months to prepare for implementation.

Last year the Commission also proposed a new directive on driving licenses, but negotiations on the final text of this file will only take place after the European elections.

This article has been produced in collaboration with Europe Street news.

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