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DRIVING

Driving licences: UK ambassador says hold up could be resolved ‘in coming weeks’

The UK Embassy in Spain on Friday laid out some useful information but gave no estimated date for the long-awaited deal on the exchange of UK driving licences. However, Ambassador Hugh Elliott said the hold-up could be solved “in the coming weeks”.

Published: 14 October 2022 13:32 CEST
uk licences exchange spain
The wait for a licence exchange agreement is proving very troublesome for people in rural areas, those with mobility difficulties and others who need a car for daily life. Photo: Andreas Strandman/Unsplash

On Friday October 14th, the British Embassy in Madrid published its latest update on the driving licence debacle which has kept an unnamed number of UK licence holders living in Spain off the roads since May 1st.

More than five months since that date, Spanish and British authorities are still unable to reach an agreement during negotiations that have lingered on for at least two years now.

The latest ‘news’ included in Friday’s Facebook post is that “Ministers raised the issue again with their Spanish counterparts during our annual UK/Spain “Tertulias” summit last weekend in Oxford and we have continued to make progress on the outstanding points this week”. 

But there was still no exact date or rough timescale provided to give affected drivers an idea of when they can drive again in Spain, a situation which is proving very troublesome for people in rural areas, those with mobility difficulties and others who need a car for daily life.

However, in an interview with Spanish daily El Periódico de España published on the same day, UK Ambassador Hugh Elliott stated “I trust that in the coming weeks we’ll be able to resolve the remaining problems”. 

It was also the first time that Elliott gave an estimate of how many people may be affected by the driving licences debacle: “It’s a very unfortunate situation, with thousands of British residents in Spain who are currently unable to drive.”

On the embassy’s Facebook page, the reactions to the post have been mixed, with some calling for a “proper update” or for the embassy to be more candid about the reasons for the hold-up and a timescale.

“We appreciate you would like to understand exactly what the hold-up is, but as we have said before, there are some details we cannot go into, as that could risk derailing the negotiations – which is the last thing that any of us want,” the UK Embassy stressed.

The UK Embassy in Spain did mention that they will be “meeting one of the groups specifically lobbying on this issue to discuss their, and your, concerns”. 

This is the “Invasion of the British embassy in Madrid for the DL exchange issue” group, whose head Pascal Siegmund is due to sit down with Hugh Elliott along with three other members of the group on October 18th.

The rest of the British Embassy’s Facebook post was made up of a Q&A confirming certain information and providing extra detail with regards to doubts such as how the exchange agreement would become legislation, who the deal will cover, appointment availability for licence exchanges and other matters. We’ve included it word for word below.

Note that the UK Embassy isn’t suggesting the deal isn’t 100 percent certain anymore, nor recommended that people who need to drive take their Spanish driving test rather than wait. 

That doesn’t mean that they won’t change their rhetoric, they have done so previously, but it does seem that as things stand it’s more a case of when rather than if there will be an agreement for the exchange of UK licences into Spanish ones.

What happens once the agreement is final?

“Once the negotiation teams have agreed on the text, it will then go forward for final legal and political approvals. On the Spanish side, this means going through the ‘Consejo de Ministros’ (Spanish Cabinet). On the UK side, it will be approved by relevant Ministers.

Then it will be published in the BOE (state bulletin) and should come into force the same day. You will then have six months to exchange your UK licence for a Spanish one (without having to take a test) and during that time you will be able to drive using your valid UK licence.” 

Will the agreement only apply to those who were here before the end of 2020 and registered their intent to exchange? 

No. The agreement will apply to anyone holding a UK licence, whether they were here before the end of 2020 or whether they move here in the future.

Will there be enough appointments within that six months? 

It will be for the Spanish Government to administer the process and ensure the provision of appointments. This is something we have raised throughout negotiations and Spain is conscious of the potential number of UK nationals who may need to exchange during the six-month window. 

We would encourage you to get an appointment as soon as you can and not leave it until the last minute, remembering that you do not have to exchange in the town/region where you are resident if there is greater availability elsewhere. 

Do I have to complete the exchange process within six months of the agreement coming into effect?  

No, but you will only be able to drive on your UK licence during this six-month window. After that, you can complete the exchange, but will not be able to drive on your UK licence while you are waiting to do so. 

My UK licence has expired. Will I still be able to get a Spanish licence without taking a test? 

The fact that some people’s licences have expired, or are about to, has been taken into account by the negotiating team. Expired licences shall be accepted provided that they were valid at the time that the licence holder entered Spain.

I renewed my UK licence with the DVLA when I was already resident in Spain. Can I still exchange it without taking a test? 

All valid UK licences issued prior to this Agreement entering into force can be exchanged. However, you should not renew your UK licence with the DVLA if you are no longer resident in the UK. 

Once the Agreement is in place, you must not try to renew a UK licence with the UK authorities if you are resident in Spain. If you do so, you will not be able to exchange it for a Spanish one.

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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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