THE MOST IMPORTANT CHANGES OF THE REFORM OF THE TRAFFIC AND ROAD SAFETY LAW
ON MARCH 21, THE LAW ON TRAFFIC, VEHICLE CIRCULATION AND ROAD SAFETY CAME INTO FORCE. WE TELL YOU THE MAIN NEWS HERE:
With this Law, which has introduced essential changes in road safety, prohibited driving behaviours have increased and, in order to reduce accidents, some of the existing sanctions have been tightened. CUELLO ABOGADOS wants you to avoid possible traffic fines and, therefore, has developed a guide so that you know the new regulations:
- Distractions. Increase from 3 to 6 points for holding any mobile phone device with your hand while driving.
- Belt and other safety features. Increases from 3 to 4 the points to be subtracted for not using, or doing it incorrectly, the seat belt, child restraint systems, helmet and other mandatory protection elements.
- Velocity. It is forbidden for cars and motorcycles to exceed the speed limits on conventional roads by 20 km/h when overtaking other vehicles.
- Alcohol consumption for minors. Those under 18 driving motorycles, electric scooters or other vehicles may not drive with an alcohol rate greater than 0.0, both in blood and in exhaled air.
- Cyclists. Obligation to completely change lanes when proceeding to overtake cyclists or mopeds, on roads with more than one lane in each direction. It increases the loss from 4 to 6 points if overtaking is done endangering or hindering cyclists without leaving the mandatory minimum separation of 1.5 m. It is also forbidden to stop or park on bike lanes or on cycle paths.
- Recovery of the points of the card. The period that has to elapse without committing infractions for a driver to recover his initial calculation of points is 2 years, regardless of the seriousness of the infraction committed.
- Recovery of points. You can recover 2 points of the card if you take safe and efficient driving courses. A Ministerial Order shall develop the necessary requirements and the conditions to be met.
- Objects on the road. Throwing objects that can cause accidents or fires on the road or in its vicinity becomes a very serious infraction: loss of 6 points and the penalty of 500 euros.
- Motorists. They can use certified or approved wireless devices installed in the protective helmet, for communication or navigation purposes, provided that it does not affect driving safety.
- Low Emission Zones. It includes a new infraction, classified as serious and sanctioned with a fine of 200 euros, for not respecting the restrictions and protocols in the face of pollution episodes and low emission zones.
- Fraud in driving license exams. It is included as a very serious infraction and sanctioned with 500 euros, to use intercom devices not authorized by regulation in the tests for obtaining and recovering driving permits or licenses or other administrative authorizations to drive or collaborate or assist with the use of such devices. In addition, the applicant will not be able to take the tests to obtain the permit again within 6 months.
- Anti-start breathalyzer (alcohol). From 6 July 2022, drivers of road passenger vehicles that have an interface for the installation of anti-start breathalyzers shall be required to use these devices. The European regulation, Regulation (EU) 2019/2144, establishes the obligation to carry this interface to vehicles approved from 06/07/2022 and registered new from 06/07/2024.
- PAY SPECIAL ATTENTION IF YOUR COMPANY HAS VEHICLES DRIVEN BY EMPLOYEES. The DGT can sanction you with up to €1,500 if you do not respond to the request to identify the driver who has committed an infraction with your vehicle. As the owner of the vehicle with which the traffic violation was committed, you must identify the person behind the wheel. Otherwise, it is considered a very serious infraction, sanctioned with up to €1,500, and does not admit the possibility of a 50% reduction for payment within a voluntary period.
In the DGT’s own sanction, which includes the infraction and the sanction to be imposed, a space is included for the following driver data to be specified: name, surname and ID. The identification must be made by the owner of the vehicle, within 20 calendar days from when the communication was received, and can be done through the Internet, entering the file number and the code of the notification, or by postal mail.