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BREXIT

OPINION: Not all Brits in Spain who didn’t exchange UK driving licences are at fault

Brexpats in Spain head Anne Hernández, who has helped hundreds of Britons in Spain get their UK licences exchanged for Spanish ones, explains how bureaucratic setbacks have prevented many from exchanging and why UK nationals should avoid so-called loopholes to continue driving in Spain.

OPINION: Not all Brits in Spain who didn't exchange UK driving licences are at fault
Some British residents here have been misadvised and, looking for loopholes, believe that their International Driving Permit will cover them. It does not, warns Anne Hernández. Photo: TravelPriceWatch/Unsplash

It is easy to criticise the latest developments regarding the UK driving licences of British residents in Spain.

I have heard plenty of comments of the sort of ‘you’ve had six years to exchange it’ or ‘why is Spain doing this to us?’.

READ MORE: British residents’ UK driving licences no longer valid in Spain

All in all, it is quite unfair to pass such comments without understanding the personal circumstances of those who have still been unable to exchange their UK licence.

Firstly, not all Britons living in Spain have been here since before the Brexit vote in 2016. 

Many applied for residency post 2020 and some residence applications have been unexpectedly rejected, thereby delaying the licence exchange application. 

There are UK licence holders whose licence renewal invalidated their initial application for an exchange to a Spanish licence, as they were given a different issue number.

And admittedly, there are those that have rested their hopes on the British authorities reaching a deal with Spain and not taken the advice of the UK Embassy in Madrid vis-a-vis registering intent to exchange or preparing to take a driving test in Spain.

Before December 30th 2020, a British resident here could register their intention to exchange and were given one year to do so. 

They needed an NIE to register which some did not have because they were still in the throes of applying for their residencias or because they had not arrived here before then. 

After the UK left the EU, the Spanish Royal Decree 38/2020 legally extended permission for British residents to drive until April 30th 2022.

And they can still exchange provided they registered their intention before December 30th 2020 and the UK validated their licence before January 1st 2021.

Otherwise the UK driving licence for British residents here ceases to be valid after six months from date of arrival or from the date of obtaining residencia

This includes but is not limited to the USA, Canada, Russia, Australia, New Zealand, Africa, South America, Iceland, Greenland, and third countries of which the UK is now in the same category. 

Spain and the DGT have changed nothing in their laws and rules, except as an act of goodwill during the Covid lockdown extending the period to use UK licences thereby allowing the applicant time to pass a theory and practical driving test. The theory test can be done in English but the practical is in Spanish. 

With the vast number who will be needing to take their test, I rather envisage there will be long waiting lists at the driving schools where the theory tests have to be done and passed before the practical can be applied for, so it will not be a quick fix.

Knowing how inconvenient the loss of one’s driving licence can be, some British residents here have been misadvised and, looking for loopholes, believe that their International Driving Permit will cover them, it does not. 

The IDP is not a stand-alone document, it has to accompany a valid driving licence. 

Others think that by renting a Spanish car they are covered, they are not. 

Others, I don’t doubt, will be surprised when they are caught driving their vehicle without a valid driving licence which not only invalidates the insurance but can carry a fine of up to €6,000 and potentially a 6 month prison sentence in the worst cases.

The recent update from the British Embassy came on April 29th but there is really nothing to update. 

The negotiations have been ongoing for some time and we are assured will continue to try to bring a successful conclusion. 

However, if the use of your vehicle is imperative, they are recommending you apply for your Spanish driving licence tests and not wait for the outcome of the negotiations.

This does not affect visiting, tourist motorists or those sent here to work on a temporary basis from the UK. Visitors to Spain are able to use a UK licence for up to six months from the date of entry, without the need for an IDP.

READ ALSO: Which tourists need an international driving permit in Spain?

One word of warning, if you are not a resident but are on the padrón, we recommend you deregister if driving your UK plated vehicle here because being on the padrón is equivalent to being a quasi resident and you are not permitted to drive a non Spanish plated vehicle if you are a resident. 

We have dealt with cases where the vehicle was impounded and big fines imposed.

READ MORE: What will the driving test for UK licence holders consist of and why are negotiations taking so long?

Member comments

  1. At last, an article that shows up the holier than thou evangelists for what they are and finally points out what a lot of us have been saying..
    ‘Many were not able to transfer to a Spanish licence prior to the cut off date because we hadn’t moved in time and got our NIE and residencia etc. etc. etc.

    Kindly don’t tar all of us with the same brush.

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For members

EES PASSPORT CHECKS

How will the new app for Europe’s EES border system work?

With Europe set to introduce its new Entry/Exit biometric border system (EES) in the autumn there has been much talk about the importance of a new app designed to help avoid delays. But how will it work and when will it be ready?

How will the new app for Europe's EES border system work?

When it comes into force the EU’s new digital border system known as EES will register the millions of annual entries and exits of non-EU citizens travelling to the EU/Schengen area, which will cover 29 European countries.

Under the EU Entry/Exit System (EES), non-EU residents who do not require a visa will have to register their biometric data in a database that will also capture each time they cross an external Schengen border.

Passports will no longer be manually stamped, but will be scanned. However, biometric data such as fingerprints and facial images will have to be registered in front of a guard when the non-EU traveller first crosses in to the EU/Schengen area.

Naturally there are concerns the extra time needed for this initial registration will cause long queues and tailbacks at the border.

To help alleviate those likely queues and prevent the subsequent frustration felt by travellers the EU is developing a new smartphone app.

READ ALSO: What will the EES passport system mean for foreigners living in Europe?

The importance of having a working app was summed up by Uku Särekanno, Deputy Executive Director of the EU border agency Frontex in a recent interview.

“Initially, the challenge with the EES will come down to the fact that travellers arriving in Europe will have to have their biographic and biometric data registered in the system – border guards will have to register four of their fingerprints and their facial image. This process will take time, and every second really matters at border crossing points – nobody wants to be stuck in a lengthy queue after a long trip.”

But there is confusion around what the app will actually be able to do, if it will help avoid delays and importantly when will it be available?

So here’s what we know so far.

Who is developing the app?

The EU border agency Frontex is currently developing the app. More precisely, Frontex is developing the back-end part of the app, which will be made available to Schengen countries.

“Frontex is currently developing a prototype of an app that will help speed up this process and allow travellers to share some of the information in advance. This is something we are working on to support the member states, although there is no legal requirement for us to do so,” Uku Särekanno said in the interview.

Will the 29 EES countries be forced to use the app?

No, it is understood that Frontex will make the app available on a voluntary basis. Each government will then decide if, when and where to use it, and develop the front-end part based on its own needs.

This point emerged at a meeting of the House of Commons European scrutiny committee, which is carrying out an inquiry on how EES will impact the UK.

What data will be registered via the app?

The Local asked the European Commission about this. A spokesperson however, said the Commission was not “in a position to disclose further information at this stage” but that travellers’ personal data “will be processed in compliance with the high data security and data protection standards set by EU legislation.”

According to the blog by Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP the Frontex app will collect passengers’ name, date of birth, passport number, planned destination and length of stay, reason for travelling, the amount of cash they carry, the availability of a credit card and of a travel health insurance. The app could also allow to take facial images. It will then generate a QR code that travellers can present at border control.

This, however, does not change the fact that fingerprints and facial images will have to be registered in front of a guard at the first crossing into the Schengen area.

So given the need to register finger prints and facial images with a border guard, the question is how and if the app will help avoid those border queues?

When is the app going to be available?

The answer to perhaps the most important question is still unclear.

The Commissions spokesperson told The Local that the app “will be made available for Schengen countries as from the Entry/Exit System start of operations.” The planned launch date is currently October 6th, but there have been several delays in the past and may be another one.

The UK parliamentary committee heard that the prototype of the app should have been ready for EU member states in spring. Guy Opperman, Under-Secretary of State at the UK Department for Transport, said the app will not be available for testing until August “at best” and that the app will not be ready in time for October. The committee previously stated that the app might even be delayed until summer 2025.

Frontex’s Särekanno said in his interview: “Our aim is to have it ready by the end of the summer, so it can then be gradually integrated into national systems starting from early autumn”.

READ ALSO: How do the EES passport checks affect the 90-day rule?

Can the system be launched if the app is not ready?

Yes. The European Commission told The Local that “the availability of the mobile application is not a condition for the Entry/Exit System entry into operation or functioning of the system. The app is only a tool for pre-registration of certain types of data and the system can operate without this pre-registration.”

In addition, “the integration of this app at national level is to be decided by each Schengen country on a voluntary basis – as there is no legal obligation to make use of the app.”

And the UK’s transport under secretary Guy Opperman sounded a note of caution saying the app “is not going to be a panacea to fix all problems”.

When the app will be in use, will it be mandatory for travellers?

There is no indication that the app will become mandatory for those non-EU travellers who need to register for EES. But there will probably be advantages in using it, such as getting access to faster lanes.

As a reminder, non-EU citizens who are resident in the EU are excluded from the EES, as are those with dual nationality for a country using EES. Irish nationals are also exempt even though Ireland will not be using EES because it is not in the Schengen area.

Has the app been tested anywhere yet?

Frontex says the prototype of the app will be tested at Stockholm’s Arlanda Airport, in Sweden. Matthias Monroy’s website said it was tested last year at Munich Airport in Germany, as well as in Bulgaria and Gibraltar.

According to the German Federal Police, the blog reports, passengers were satisfied and felt “prepared for border control”.

This article is published in cooperation with Europe Street News.

 
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