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UPDATE: No, Brits in Spain don’t have to apply to exchange their driving licence before Brexit day

UPDATE: Brits in Spain are being assured that they will be able to exchange their UK driving licence for a Spanish one anytime before the end of 2020, despite information on the DGT website.

Published: 30 January 2020 13:59 CET
UPDATE: No, Brits in Spain don't have to apply to exchange their driving licence before Brexit day
Photo by takahiro taguchi on Unsplash

One of the essential preparations Brits in Spain have been advised to do before Brexit is to make sure they had renewed or exchanged their UK driving licence for a Spanish equivalent. Or at least applied to do so.

But many have been having issues getting appointments, while no doubt many more might not have begun the process.

Many readers have complained that it is difficult to get appointments to exchange their UK driving licences for Spanish ones as the Brexit deadline of January 31st approaches.  

As Brexit approaches many Brits in Spain have naturally been asking what they need to do before January 31st with the question of driving licences at the forefront of people's queries.

The website for Spain's road authority the Direccion General de Traffico (DGT) contains information for Britons and what they need to do to exchange a driving licence.

UPDATE:

Spain's Ministry of Interior website was updated on January 30th, the day after the EU parliament ratified the Withdrawal Agreement, with the notice that Brits in Spain would have until the end of the Transition Period on December 31st to swap their British driving licence for a Spanish one.

“The United Kingdom's departure with a Withdrawal Agreement in place ensures that European regulations on driving licenses will continue to apply until the end of the transitional period planned for December 31, 2020,” the website states. 

“People who hold British licenses and intend to remain residing in Spain after the end of the transitional period, are advised to exchange their driving license for a Spanish permit before December 31, 2020 To do so, they must make an appointment through the following link,” it continues. 

They provide a link to request a Cita Previa (private appoitment) HERE. 

No reason to panic

Until just two days before Brexit, the DGT website had included a warning on the page dedicated to Brits and the driving licence exchange process that the DGT will only guarantee to do so under the current system if Brits registered their intent to do so BEFORE Brexit at midnight on January 31st.

Facebook message

In a message posted on a popular Facebook page for Britains in Spain in mid-January, members were warned that it was essential to call this number to signal their intent before the Brexit deadline regardless of the fact a Withdrawal Agreement is in place.

“It's not scaremongering, it's fact,” the message said.

But those who were alarmed by such guidance, can now breathe a sigh of relief as the issue has been cleared up. 

READ MORE: Brexit and Spain: What does it mean for travel after January 31st?

What do the British Embassy say?

On January 28th the British Embassy in Madrid issued a reassuring message on their Facebook page, Brits in Spain. 

It reads:

“We know there has been some confusion around the exchange of UK driving licences and whether you need to start the process by 31 January.

“The information currently on the DGT website referring to the need to register your details by 31 January would apply only to a no-deal scenario.

“The UK is set to leave the EU with a deal under the terms of the Withdrawal Agreement. In practice this means that the rules around the exchange of UK licences will remain the same during the transition period.

“You will have until 31 December to exchange your UK licence for a Spanish one under the current rules, so there is no need to worry if you are unable to start the process before 31 January.”

It's worth noting that in comments below the Facebook post people, especially those living in the Malaga area, were still being advised to start the application process before January 31st.

It's a sign that while the British Embassy might offer reassuring statement Brits in Spain may find the situation on the ground slightly different.

And what do citizens campaign groups say?

Before the embassy's update John Carrivick from Eurocitizens told The Local: “The Withdrawal Agreement (WA) does not specifically address the question of driving licences but it makes clear that EU will continue to apply EU law to UK citizens in the EU (and vice versa) during the transition period. This January deadline would seem to breach at least the spirit of the WA but in practice civil servants are more likely to obey written instructions from their own department than stick their necks out and apply a personal interpretation of the WA.”

What about making an appointment?

Many readers have complained that it is difficult to get appointments to exchange their UK driving licences for Spanish ones as the Brexit deadline of January 31st approaches.  

Even after the original Brexit date of March 29th was postponed and the October 31st date came and went,  last minute applications has meant it is a struggle to book an appointment at some DGT (Direccion General de Trafico) offices, especially those where there are a big concentration of British residents such as Alicante. 

Some people have tried to get appointments in other cities where there are less foreigners requesting the service and reportedly it is still possible to secure an appointment at the Bilbao office within a week.

What if I haven't even moved to Spain yet?

The Local understands that Spain will put something in place to cover those who move to Spain before the end of the transition period but it is yet to be officially announced by the Spanish government and the DGT traffic department.

Worst case scenario: 

After the end of the transition period British licences could be subject to the regulations for ´third countries´ and British driving licences will NOT be able to be swapped for Spanish ones unless a new bilateral agreement between Spain and UK has been drawn up.

Failure to swap your licence could, in the worst case scenario, mean that in order to drive legally in Spain one would have to sit the Spanish driving test.

What if I return to the UK with a Spanish driving licence?

Don't worry about the exchange being permanent either. If you return to the UK permanently then it is simple enough to request a replacement British driving licence from the DVLA:

And on visits back to the UK it should still be possible to drive with a Spanish licence as it is now, although check the insurance policy of the car you are using back in UK.

Conclusions?

If you live in Spain, then by law you will need to change your driving licence to a Spanish one, so make an appointment as soon as possible and hope that the DGT have told employees how to process it during the transition period.

To find out out to do that you can use our guide: Exchanging your British driving licence for a Spanish one: What you need to know

READ MORE: 

 

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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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