British driving licence and Residence in Spain

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26 Sep 2012 10:24 AM by Patrick Vine Star rating in Cox, Alicante. 42 posts Send private message

There seems to be a lot of conflicting advice about if you need to change your U.K. driving licence for a Spanish Licence.

If you are not a resident in Spain you do not need to change your driving licence but if you are a resident you have to change your licence to a Spanish one within a 6 month period of obtaining Spanish residence. If you do not do this and continue driving using your U.K. or any other non Spanish Licence (non European driving licences have a different ruling), if you get stopped by the police then you will get a fine, have your licence confiscated etc.

The process of changing your driving licence is quite simple.

Requirements:-

- Have official residence in Spain.

- Be over 18 years old

- The U.K. / European driving licence must not have been obtained while you were a Spanish resident.

Documentation:-

  1. Official application form obtained from the Ministry of traffic (DGT) office or on the web page www.dgt.es you will also be required to sign a declaration that you have not been disqualified from driving and that you do not own any other non Spanish driving licences.
  2. You will be required to pay 26.60€ fee.
  3. Accreditation of identity

-Passport & photocopy

-Residency certificate that is has not been cancelled & photocopy

  1. Your U.K. or European Driving licence and photocopy of both sides and the counterpart with a photocopy.
  2. A passport size photo that has a white background.
  3. Photo card which can only be obtained at the Ministry of traffic office in person in by a representative.
  4. If you are of retirement age and your licence has come to its end then you will need a medical certificate in an accredited clinic (Centro Medico Y Fisioterapia). They will test your reflexes, eyesight, & hearing. You will be asked about illnesses & medication. You will obtain a certificate to be taken to the traffic office. This certificate should not cost you more than 20€. You may need a translator if you do not speak Spanish.

If you do not want to go to the traffic office in person and would rather send a representative then the representative will need to be authorized in writing with your signature on the authorization.

All this documentation is in Spanish without any translation so you may need assistance to fill it all in.

Once all the paperwork is completed then you need to go to the traffic office which is open from 8.30am to 2.30pm in Alicante Monday to Thursday & from 8.30am to 1.30pm. From 8.30am to 3pm Monday to Thursday 8.30am to 1.30pm Friday. You will need to pay the 26.60€ fee at the casher then you will get a number and will have to wait your turn. It is important that you have all the paperwork filled in and the original driving licence, passport & residency certificate. If there is anything missing you may have to come back another day. It is best to get to the Alicante office early in the morning, 8 is a good time, there will be a lot of people queuing. This way you will be attended sooner. The Alicante office is a bit like a cattle market.

Once you have summated your paperwork you may be asked to surrender your licence strait away and given a provisional licence or covering document which will be valid for 3 months. Then your new Spanish licence will be sent to you in the post. If you are not asked to surrender your licence and counterpart then you will receive a letter to indicate that your provisional licence is ready then you will be required to surrender your licence & counterpart. You will have to go to the traffic office in person or send a representative with an authorization. Once the Spanish Ministry of Traffic has checked with the Driver and Vehicle Licensing Agency in the U.K. and the Spanish Foreign office to check that all the details coincide, you will be sent your definitive Spanish driving licence.

A Spanish driving licence lasts for 10 years then needs to be renewed. If you change a U.K. licence for a Spanish on then it will only last for the amount of time you have left on your U.K. licence of that is not more than 10 years, if you have the medical test then it will last for 5 years then need renewing if you are of retirement age.

If you do not speak Spanish at all it is most likely that you will have to deal with a non English speaker at the traffic office.

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26 Sep 2012 11:18 AM by aly not in spain Star rating in Not far from Torre. 74 posts Send private message

Sorry, but you are wrong. Spain lost a court case on 9.9.04, and now EU licences can be used until they expire. BUT a licence holder must still take the medicals as the Spanish do.

Changing the licence whilst still valid is voluntary, as you will see from the info on the DGT site, which is the last item on 'Requirements', which you have not shown on your post.

It would probably make life easier, as one would receive automatic reminders for the medicals. But it is not the law.

Please see Brian J Deller's or David Searl's books on these matters. 


 


This message was last edited by aly not in spain on 26/09/2012.



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26 Sep 2012 11:49 AM by jaldridge Star rating in Manilva. 144 posts Send private message

jaldridge´s avatar

aly is right, you are perfectly entitled to drive around as a resident with your UK licence.  I changed mine recently to a Spanish one only because the photocard part of it had expired.



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26 Sep 2012 1:14 PM by Sanchez1 Star rating. 853 posts Send private message

26 Sep 2012 2:13 PM by johnzx Star rating in Spain. 5242 posts Send private message

 
 
 
EMAIL from DVLA.
 
 
Thank you for your email received on 18/1/10. Your email reference number is 2168^***.
 
Drivers who take up residence in another EC/EEA country no longer have to exchange their driving licence, but may continue to drive using their own national licence for as long as it remains valid.
 
They should however check with the appropriate driving licence authorities where they resident for information on any conditions that the host member state may stipulate.
 
National licences may only carry an address from the country which issued that licence. We are therefore unable to re-issue a British licence with a foreign address. It is accepted that drivers who move to another part of the EC/EEA could be holding licences showing an incorrect address.

This is permissible under the the terms of the EC Directive on Driving Licence.
 
 

 
Regards
Mrs L Salter
Customer Enquiries Group
DVLA





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26 Sep 2012 4:16 PM by Patrick Vine Star rating in Cox, Alicante. 42 posts Send private message

Sorry if the information I have posted is conflicting with infro from the u.k./ European union etc.

I have been in contact with the DGT Delegacion (General de Trafico) and they have informed me that it is nessasary to change (Canjear) the British/European licences if you are a resident in Spain. The person who attended me told me that people are currently being fined when stopped by the police for not having there situation in order.
All European driving licences are valid unless the licence holder is resident in Spain. Then according to the DGT the licence has to be replaced by Spanish one. The consiquences are that you could be stopped by the police and fined.
It is stated on their web site on the following link:-
http://www.dgt.es/portal/es/oficina_virtual/conductores/canje_permisos/?tit=Canje de los permisos de conducción expedidos en Estados miembros de la Unión Europea y los pertenecientes al Espacio Económico Europeo (EEE: NORUEGA, ISLANDIA Y LIECHENSTEIN)
On the other page it does state that the licence should be changed with in a six month period so even on the same site there is a conflict of information. 
 
I Spoke to the traffic department of the Guardia Civil and they told me that according to the new law of road (Safety Ley de Seguridad Vial) that a U.K. licence was not valid for residence living in Spain and that it constituted a possible fine of up to 500€ plus 4 points. If stopped you would not be allowed to drive until you obtained a Spanish licence. I got this information ringing 900 101 062 (citizen advice Guardia Civil)
 
I also aske advice from the OCU (Oraganisacion de Consumidores y Usuarios abit like watchdog in the U.K.) www.ocu.org 913009151. They confirmed that if a Resident does not change the driving licence they could be fined if stopped by the police.
 
This is the information I have received from these sources.


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26 Sep 2012 5:12 PM by Roberto Star rating in Torremolinos. 4552 posts Send private message

Roberto´s avatar

It's very clear that "official" information on this topic can be conflicting and confusing. Suffice to say, there is surely no good reason not to change your licence, if indeed you are resident in Spain and expect to be so for the forseeable future. Ditto re-registering your UK reg vehicles. Why so many people stubbornly refuse to do so constantly amazes me. On another forum I have just read about someone who has lost their UK licence and are having untold hassle trying to get a certificate of entitlement from DVLA in order to apply for a Spanish licence. They cannot get a replacement UK licence because they don't live in the UK. It all would have been avoided if they'd just changed their licence when they first became resident here. Why resist? Life is so much easier here if you play by "their" rules - even if they're sometimes wrong or injust.

 


This message was last edited by Roberto on 26/09/2012.

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26 Sep 2012 6:46 PM by johnzx Star rating in Spain. 5242 posts Send private message

Good practical advice Robert





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26 Sep 2012 8:52 PM by Nicky71 Star rating in Orihuela/Sussex. 37 posts Send private message

Nicky71´s avatar

I dont think Patrik is that wrong because my partner was stopped by the Gardia about 6 months ago and his details were taken, they told him if he was stopped again with a english licence then he would be finned or worse. he went strait to the the trafic office and it was a bit of a hassel for him so he got a company to do it for him. It was a bit expensive but it took the worry away. My partner was stopped again but has a provisional spanish licence- bit of paper and they accepted that. Now hes got his spanish one and hes a happy bunny now....... bless.



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26 Sep 2012 8:59 PM by Roberto Star rating in Torremolinos. 4552 posts Send private message

Roberto´s avatar
I think Happy Bunny needs to think about why he's getting stopped so frequently!

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27 Sep 2012 1:44 AM by aly not in spain Star rating in Not far from Torre. 74 posts Send private message

Patrick, may I ask when you spoke to those various offices?

I wiill say that the DGT seem to be tinkering with the web site, and I cannot now get the page I had printed out about a month ago. However, using that link on the 'canje permisos', the information stated is -

Driving licenses issued in any Member State of the European Union or the United Party to the Agreement on the European Economic Area in accordance with Community legislation remain valid in Spain, under the conditions that have been issued in its place of origin, with the exception that the age for driving is that required to obtain the equivalent Spanish license.

However, not valid for driving in Spain driving licenses issued by one of those States that are restricted, suspended or withdrawn at any of them or Spain.

The holder of a license issued in one of these states has taken up normal residence in Spain shall be subject to the Spanish provisions relating to its term, control of their mental and physical fitness and allocation of credit points.

In the case of a driving license is not subject to a specific duration, the holder shall ensure a renewal after two years since normal residence in Spain
'. (google translated).

So that still corresponds with my first post.

 




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27 Sep 2012 8:01 AM by 66d35 Star rating. 243 posts Send private message

I have been in contact with the DGT Delegacion (General de Trafico) and they have informed me that it is nessasary to change (Canjear) the British/European licences if you are a resident in Spain. The person who attended me told me that people are currently being fined when stopped by the police for not having there situation in order.

All European driving licences are valid unless the licence holder is resident in Spain. Then according to the DGT the licence has to be replaced by Spanish one.

So what you have here is yet another example (as if we needed one) of the Spanish authorities issuing totally incorect advice and information, based on legislation that was ruled unlawful years ago. The advice from DVLA is correct and up-to-date. UK issued licenses are valid THROUGHOUT THE EU until expiry. End of.

If anyone is threatened (or fined) simply bring a formal complaint via SOLVIT.

The law is asolutely clear on this. There is no room for doubt. UK licenses are valid until expiry in Spain, whether you are resident or not.

 

 

 

 

 

 

 





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27 Sep 2012 1:30 PM by Sanchez1 Star rating. 853 posts Send private message

Patrick,

The link you provided clearly states that EU and EEA driving licences are valid in Spain and that you can voluntarily change it to a Spanish licence if you wish.  The information you have provided on this thread is incorrect and misleading.

Read the first 2 sections on the right hand side of the link you provided.  It's in black and white and couldn't be any clearer.

http://www.dgt.es/portal/es/oficina_virtual/conductores/canje_permisos/?tit=Canje de los permisos de conducción expedidos en Estados miembros de la Unión Europea y los pertenecientes al Espacio Económico Europeo (EEE: NORUEGA, ISLANDIA Y LIECHENSTEIN)

Even if the Guardia Civil tried to fine you for driving on a UK licence, Spanish car insurance usually comes with something called "defensa en multas" which means your insurance company will fight any fines on your behalf.  So no need to worry.

 

 



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27 Sep 2012 4:22 PM by Roberto Star rating in Torremolinos. 4552 posts Send private message

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The Guardia carry guns. I don't.

If you think there's any mileage in arguing with a guy carrying a gun, you're a fool. Why make life more complicated than it need be? Resident in Spain, change your licence ASAP. End of.

John, at last - I knew we'd find something we can agree on! 

 



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27 Sep 2012 4:42 PM by ojosazul88 Star rating. 171 posts Send private message

 

Well below was copied from the DGT website and dated 29.8.2012. It clearly says its voluntary for EEC members residing in Spain wanting to change license.

 

Exchange of driving license
EUROPEAN UNION COUNTRIES, ICELAND,
Liechtenstein and Norway
REQUIREMENTS
- HAVE THE RESIDENCE IN SPAIN
- AGE HAVE ESTABLISHED IN SPANISH LEGISLATION
- That the permit has not been obtained although residing in SPAIN
This procedure is voluntary and may be requested at any LEADERSHIP
Provincial Traffic
DOCUMENTATION
1 °. APPLICATION: in official form available at the Traffic Headquarters and on the website of the DGT
(www.dgt.es) which includes the statement has not been banned by court order from
right to drive and possess no other permit EU or EEA the same class as requested or
that has been restricted, suspended or revoked.
2 °. II.3 RATE (2012): 26,80 €
3 °. Proof of identity and residence:
 ID or PASSPORT: Original valid
 residence permit or identity of their country or
PASSPORT along with CERTIFICATE REGISTRATION
Central Foreigners for EU foreigners: Original valid
 residence permit for non-EU: original effect.
4 °. COMMUNITY DRIVING: original and photocopy effect
5 °. PHOTOGRAPHY: an original 32 x 26 mm in color with plain background, taken face head
uncovered and without dark glasses and any items that might prevent or hinder
identification of the person.
In the case of applicants who take their religion for hair covering, photographs are admissible
veiled, the only limitation for admission to the oval of the face appears completely
discovered from the hairline to the chin, so that does not prevent or hinder the
identification of the person.
6 °. PHOTO HEEL: completed and signed in the appropriate box.
SPECIAL CASES
REPRESENTATION: When the documentation is not submitted by the holder of the per
New! Click the words above to edit and view alternate translations. Dismiss





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27 Sep 2012 6:50 PM by Roberto Star rating in Torremolinos. 4552 posts Send private message

Roberto´s avatar

Last word to all you pedants out there before I go and bash my head against a brick wall.

Print out a copy of the info from the DGT website (in Spanish of course), get it authenticated by a gestor, a lawyer, a notary, your bank manager, the British consul, the bloke down the pub who knows best, etc.etc., and keep it in your car to show the nice man with a gun when you get stopped. Of course, it won't make any difference if he's having a bad day and decides to fine you or impound your car, but it'll make you feel smug that you know the law better than him as you watch your car being towed off to the pound!

Or....you could just go and change your licence for a Spanish one. Up to you.



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27 Sep 2012 11:36 PM by robertt8696 Star rating in Midlands, UK. 479 posts Send private message

Well all, from my experience of the DVLA and their comical antics with driving licences, since they "lost" 4 years of my driving record from my licence because they would not admit their error, now every time i have any dealings with the DVLA, any and all documentation, including the licence itself, i put through the photocopier and make multiple copies of it . This is to prove its previous existence during the period before it disappears completely from history!

Anyone doing ANY dealings with the DVLA is well advised to do this as they WILL  NOT admit ANY error on their part, due to the fact they are perfect! All this before the start of dealing with Spanish beauracracy too! If you are dealing with either the Spanish OR the English driving offices, be very wary BEFORE the event, as often , afterwards it ends in tears. Good luck all..............





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28 Sep 2012 1:12 PM by Patrick Vine Star rating in Cox, Alicante. 42 posts Send private message

Dear aly not in spain, johnzx, Mr. Sanchez1, Nicky71, Roberto......

                                   Being a little alarmed at the replies to my post I rang trafico strait away, then the Guardia Civil, then the lawyers of OCU in Madrid. So that’s two days ago now. I have seen very clearly in the Informative notes that is states that the changing of EU licences to Spanish is “ voluntario” I checked the BOE 138, 8 June 2009 chapter two on this where it also states that it is voluntary but has to be done not after the 6 month period as was before but must be done before a two year period of residence (in a nutshell) (http://www.boe.es/boe/dias/2009/06/08/pdfs/BOE-A-2009-9481.pdf) I spoke again to Trafico this morning and asked why if it is voluntary was it considered a obligation to do this. The reply I got is that voluntario does not mean you are not required to change your licence but that you can do it when you want. If you do not comply voluntarily to the law in Spain then if you are caught then you will suffer the consequence and possibly be fined, points, band from driving etc. ( the lady dealing with my questions was quite pleasant in her manner with me as they have always been in Trafico Alicante)
I’m not a lawyer but perhaps our esteemed Abogado member on eyeonspain could perhaps enlighten us.
I think that if this point is a violation of EU law well…. What’s new! (I’m not saying we should not protest I’m a Brit too and have that wonderful rebellious streak in me too.)
Below is a section of chapter 2 just to wet your appertite, the whole lot is some reading best after a few café con leches. I cheeted and google translated it (not the best for a exact translation).
 
 
 
 
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.
 
4. The holder of a license issued in one of these states has taken up normal residence in Spain shall be subject to the Spanish provisions relating to its term, control of their mental and physical fitness and allocation of credit points.
In the case of a driving license is not subject to a specific duration, the holder shall ensure a renewal after two years since normal residence in Spain, for the purposes of applying the terms of validity under Article 12.
 
 


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28 Sep 2012 1:46 PM by johnzx Star rating in Spain. 5242 posts Send private message

This from an earlier post by Roberto 
 
On another forum I have just read about someone who has lost their UK licence and are having untold hassle trying to get a certificate of entitlement from DVLA in order to apply for a Spanish licence. They cannot get a replacement UK licence because they don't live in the UK. It all would have been avoided if they'd just changed their licence when they first became resident here. Why resist? Life is so much easier here if you play by "their" rules - even if they're sometimes wrong or unjust.
 
About 15 years ago I changed my UK DL to a Spanish one,  even though at the time there was no obligations to do so. I decided that if I got stopped by the police, or needed  ‘unofficial ‘ ID a Spanish DL would make a lot more sense.
 
When I reached 70, I did’nt have any problem trying to get around the illegality of trying to renew in in the UK when I live in Spain.
 
I have hired cars in several countries on my Spanish DL,  just as I could have done with a UK  DL
 
All in all, I cannot see why anyone would want to keep their UK DL. If one decided to move back to UK then changing it back to a UK one would be no problem.





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28 Sep 2012 2:01 PM by Sanchez1 Star rating. 853 posts Send private message

Patrick

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.

In the case of a driving license is not subject to a specific duration, the holder shall ensure a renewal after two years since normal residence in Spain, for the purposes of applying the terms of validity under Article 12.

A UK licence has specific duration (mine lasts until 2047!!!), therefore no need to change to a Spanish one.  I don't know why you're still trying to confuse the issue.  It's quite clear that there is no need to change to a Spanish licence.

It's pointless contacting anyone in the Spanish bureaucracy because you will be told a different answer depending on who you speak to.  Therefore, it's best to look at the offical website, which you have kindly provided the links to.



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