British driving licence and Residence in Spain

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18 Jun 2013 10:25 AM by johnzx Star rating in Spain. 5242 posts Send private message

"Complete waste of time"  Agreed.
 
I solved the potential problems years ago. 
 
As I had decided I was going to live in Spain for the foreseeable future I got a Spanish DL.   If I got stopped I wanted to be the same as ‘everyone else' not a 'special case' who might get 'special attention'.

 


 

 

 

 


 


This message was last edited by johnzx on 18/06/2013.



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18 Jun 2013 10:28 AM by kathyslad Star rating. 329 posts Send private message

 I agree with 66d35. The facts relating to driving licences have been written on this forum before, and in this thread, and I summarised them a couple of posts ago. All Robert8696 keeps doing is repeating himself, with no supporting evidence.. And is it me, or does this statement contradict itelf within two sentences.

 As the licencing body is now Spanish once the 185 day qualification is passed you MUST apply for a Spanish licence to change your address, and while 185 days elapses you may retain the english address until your new residence status in Spain is attained.

It really couldnt be clearer, and is provided for in the EU licence model directive. 

Oh, lastly, once your 185 days has elapsed, you have a further two years to attend to renewing your licence within Spanish jurisdiction, and changing your address at the same time.

 

Mods. I suggest yopu close this thread, as it will confuse people, as to what is the correct position.





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18 Jun 2013 2:22 PM by robertt8696 Star rating in Midlands, UK. 479 posts Send private message

 Kathyslad, the statement i made does not contradict itself you have obviously not interpreted what it says and the information within the statement in the manner it should be.

The EU directive everyone suddenly claims does not exist for some reason actually states that the country of residence is defined as the country of primary residence, I.E, living there for more than 185 days in any year.

As your licence has a UK address on it you cannot change it until your new country of residence is legally defined by occupation for a minimum of 185 days in any particular year, so this would be a minimum of 185 continuous days, or may if a combination of days be as much as a whole year elapsing, this is why the regulation provides for two years from initial residence. This is also defined within the EU directive earlier mentioned by myself. I show the link once more,

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2006L0126:20121121:EN:PDF

the regulations that are pertinent are,

Article 2
Mutual recognition
1. Driving licences issued by Member States shall be mutually recog­
nised.
2. When the holder of a valid national driving licence without the 
administrative validity period set out in Article 7(2) takes up normal 
residence in a Member State other than that which issued the driving 
licence, the host Member State may apply to the licence the adminis­
trative validity periods set out in that Article by renewing the driving 
licence, as from 2 years after the date on which the holder has taken up 
normal residence on its territory.
 
And also,
 
Article 12
Normal residence
For the purpose of this Directive, ‘normal residence’ means the place 
where a person usually lives, that is for at least 185 days in each 
calendar year, because of personal and occupational ties, or, in the 
case of a person with no occupational ties, because of personal ties 
which show close links between that person and the place where he 
is living.
However, the normal residence of a person whose occupational ties are 
in a different place from his personal ties and who consequently lives in 
turn in different places situated in two or more Member States shall be 
regarded as being the place of his personal ties, provided that such 
person returns there regularly. This last condition need not be met 
where the person is living in a Member State in order to carry out a 
task of a definite duration. Attendance at a university or school shall not 
imply transfer of normal residence.
 
Article two defines the period of two years from the date of taking up residency that you must exchange your licence, and article 12 defines the period of time BEFORE you may apply residency rights to the country you have adopted as your residence (185 days).
All these details are defined within the EU directive, NOT the UK (DVLA) or the Spanish equivalent.
I still do not see how these definitions cannot be be found within the relevant EU directive, or how they can be disregarded, as they are there for all to see , and THEY ARE enforcable in the relevant country of residence.
I really dont see how the definitions cannot be understood, they seem quite clear to me.
 
Johnzx, i fully agree with your comment ,if you can see you are going to live in a country for the forseeable future, why not update your documentation to reflect the country of residence?
All it seems to show me is that people are backing away from regulations and seem to be witholding something, and usually it is people that have run away from officialdom in the UK in the first place. Changing countries, especially within the EU, will not release you from your responsibilities, so you may as well register your current residence and exchange your licence when you relocate.




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18 Jun 2013 2:56 PM by kathyslad Star rating. 329 posts Send private message

Wow, this interpretation beggars belief

As your licence has a UK address on it you cannot change it until your new country of residence is legally defined by occupation for a minimum of 185 days in any particular year, so this would be a minimum of 185 continuous days, or may if a combination of days be as much as a whole year elapsing, this is why the regulation provides for two years from initial residence.

 

I'll leave others to make their own judgement, like 66d35 says, its like banging your head against a brick wall. I've provided my view. For any visitor looking for information on this issue , I would disregard anything posted by Robert8696, and either make your own mind up, based on other posts, either here, or on other forums, all of which are of a different view to Robert896, including the Surinenglish link he posted earlier, which he has now conveniently forgot, or the email that ElaineG posted from the DVLA.

However, this is what the spanish law says. If you read it, then its pretty clear. Clue, the key paragraph is 15.4, and the key words are "no sujeto a un período de vigencia determinado". That means, it does not have an administrative renewal date or it is more than 10 years.

 

De los permisos expedidos en Estados miembros de la Unión Europea o en Estados Parte del Acuerdo sobre el Espacio Económico Europeo

 

Artículo 15 Validez del permiso de conducción en España

1. Los permisos de conducción expedidos en cualquier Estado miembro de la Unión Europea o en Estados Parte del Acuerdo sobre el Espacio Económico Europeo con arreglo a la normativa comunitaria mantendrán su validez en España, en las condiciones en que hubieran sido expedidos en su lugar de origen, con la salvedad de que la edad requerida para la conducción corresponderá a la exigida para obtener el permiso español equivalente.

2. No obstante, no serán válidos para conducir en España los permisos de conducción expedidos por alguno de dichos Estados que estén restringidos, suspendidos o retirados en cualquiera de ellos o en España.

3. Tampoco serán válidos los permisos de conducción expedidos en cualquiera de esos Estados a quien hubiera sido titular de otro permiso de conducción expedido en alguno de ellos que haya sido retirado, suspendido o declarada su nulidad, lesividad o pérdida de vigencia en España.

4. El titular de un permiso de conducción expedido en uno de estos Estados que haya adquirido su residencia normal en España quedará sometido a las disposiciones españolas relativas a su período de vigencia, de control de sus aptitudes psicofísicas y de asignación de un crédito de puntos.

Cuando se trate de un permiso de conducción no sujeto a un período de vigencia determinado, su titular deberá proceder a su renovación, una vez transcurridos dos años desde que establezca su residencia normal en España, a los efectos de aplicarle los plazos de vigencia previstos en el artículo 12

 


This message was last edited by kathyslad on 18/06/2013.



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