Yes, so this issue has been widely discussed, debated, causing quarrels, tears, frustration and near-blood murder. I didn't spend my time relaxing on Christmas and New Year, but reading and re-reading legislation, articles, documents and further personal enquiries, because for most people, this law has no meaning, until now no one has yet It can really be explained clearly in a way that is understandable [including myself!].
The biggest question is: Who is obliged to change the EU driver's license to a Spanish driver's license? why? I hope that at the end of my final and final article on this issue, we can put it aside and rest. Please note that in this article, I only mention EU licensing, as non-EU must follow different procedures.
First of all, why is this creating so many conflicts? Well, the law was originally drafted very vaguely, so that some aspects can be explained. Of course, everyone explains it in their own way, so there is no cohesion in the national media and even within the Tráfico government. Since 2013, different versions of Tráfico's website have appeared to explain how to understand the law, which has led to many misunderstandings, Chinese whispers and complete confusion. As I said before, I read the law and raised some questions about the way it was drafted, so I went directly to the Tráfico office in Fuerteventura and the Central Office of Madrid to try to clarify these doubts. As far as I am concerned, the explanations I receive are uncertain in many ways, depending on who I am talking to. Then there will be moments when the explanation seems to make sense, but it will change when I examine other elements that do not completely coincide with that particular interpretation, but since this creates another enthusiasm, I want to know more about how this law should really Explain this, let's go on now, break the law down into a small piece, and pray that I can explain it well, because if it has to be modified later, God will knock me down, especially since I was forced to take back a month ago. s things!
Start: All the beginning of the decree
The real Decreto 818/2009, de 8 de mayo, was published in the BOE [National Gazette] No. 138 on June 8, 2009. The decree was first released in 2009 and sounds unbelievable. Here we are still debating almost seven years later, not that we are the only one. The focus of the law is to bring commonality to all EU-issued driver's licenses and to accept the validity of licenses issued by other EU member states. You can say that it really started in July 2006, when the first introduction of the point system in Spain was consistent with other European countries [I personally remember it was a year of crying in Spain]. If you have a driver's license for more than three years, you get 12 points, but if your driver's license is less than that, then you only get 8 points. The police can deduct 2 points depending on the type of violation. , once, 3 points, 4 points or 6 points, obviously the loss of all points means losing the license.
There is a considerable difference across the EU, as licenses issued by countries in some countries expire after 10 years, as in the case of Spain, but other countries have no expiration date or 15 years. In addition, they want to establish the same validity for each type of license, standard plastic card licenses rather than paper types, and establish a common registry to exchange information on the status of each license between countries.
a] Determine the due date based on the type of license:
Chapter 1 Article 12 Determination -
Allow BTP, C1, C1 + E, C, C + E, D1, D1 + E, D and D + E to be valid for 5 years until the holder is 65 years of age or older. Since then, the license has been valid for only three years.
All other types, regardless of their level, are valid for 10 years until the holder reaches the age of 65 and the license is updated every 5 years.
If the above effectiveness can be reduced at the time of release or update, it is determined that the holder has a disease or defect, which may not necessarily prevent them from driving at that time but is prone to deterioration in time.
b] Validity of the Spanish license issued by the European Union:
Chapter II Statement -
Unless the minimum age does not match the minimum age required by Spain, the driver's license issued by any EU member state is valid for the period of origin in Spain.
Licenses issued by a Member State suspended or restored by any EU country or even Spain will not be considered for use in Spain.
If the holder also has a permit issued by another EU country that has been detained, suspended, declared invalid, invalid or deemed invalid, then the license issued in any EU country will not be valid.
License holders issued by one of the member states that establish permanent residency in Spain will be bound by Spanish law, including their duration, the physical and physical capabilities of the holder and the application of the points system.
A key point is now raised: "When it comes to licenses that are not subject to a defined expiration date, holders should sign a two-year license after they establish a permanent residence in Spain, with the aim of applying detailed Date. Article 12. "
The law stipulates that if your EU license does not determine the set expiration date, you are obliged to obtain a two-year follow-up visa for the residency in Spain. This triggered a series of new problems for Tráfico, as some of their civil servants interpret the term "permanent residence" as six months after the date shown on the green residence permit, while others accept the actual residence permit as their status in Spain. Full proof of the release date. For this particular decree, the correct interpretation of the card is displayed 6 months after the date of issue.
If you remember, this is a hot topic in 2013, because since that year, all EU licenses must meet the same standards, so the rumors that the factory has entered the speeding state, and believe that all foreigners must exchange their A foreigner whose license has legal residency in Spain on or before January 19, 2013. If the EU permit has no expiration date or more than 15 years, it must be exchanged. The rest of the person will be entitled to residency after that date and must be exchanged. Once their license has risen for two years, another date is set, notable 19/01/2015.
I mentioned earlier that if holders establish permanent residency in Spain, they are subject to Spanish law. how about it? According to section 16 of the Act -
... these can be voluntarily applied to officially record the details of their permit in the Driver and Criminal Registry of Tráfico
This article has caused further confusion, because although it sounds clear, some civil servants and other professionals in Tráfico understand that once EU driver license holders become Spanish residents, they are obliged to exchange their licenses. Because they have been governed by Spanish law since then and must be bound by the national institutional system, while others understand that since holders are subject to Spanish law, they are only obliged to register their current licenses in the driver and criminal registry. . . Even this last point is problematic because an article clearly states that residents are governed by Spanish law, and the latter article indicates that the registry is optional, so some say it is not necessary, while others consider it mandatory. of.
c] Exchange the equivalent Spanish version of the license -
Article 18 states:
The latest license holders issued by any EU country and establishing permanent residency in Spain may request exchange of the Spanish equivalent license at any time.
from
The word "may" is very convincing because it shows that no matter how the officials interpret the law, there is a choice rather than an obligation. However, there is renewed controversy because some Tráfico offices will accept residence permits as sufficient evidence, while Tráfico is rich. The office in Etventura will only accept applications six months after the date of issuance shown on the residence permit. Upon receipt of the application, the Tráfico official will contact the issuing country to ensure its authenticity and validity and to accept or reject the application. The results of the inspection are recorded in the driver and the offender registration
Article 19 continues -
Tráfico has the right to require the holder to obtain a Spanish license if:
Due to the adoption of Spanish legislation, it may be necessary to impose modifications, restrictions or other restrictions on persons or vehicles.
If the holder is administratively sanctioned, he can be awarded a point loss and apply the full weight of the Spanish law regarding restrictions, suspension, withdrawal or arrest of the driver's license.
When it is necessary to declare that the license is invalid or harmful.
In order for officials to be able to enforce this provision, the holder must establish a permanent place of residence in Spain and the solution for the document will be recorded in the driver and offender registration.
I got the following information of interest from the National Police Forum:
"From the day the EU driver's license holder resides in Spain and lives in Spain, any...
Orignal From: The last chapter: Who is obligated to exchange the Spanish driver's license for the Spanish?
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