driving licences

We did ours last year at Clinica San Roque Catral They did everything for us including the inhouse driving test and medical they made it quite simple.
Clinica San Roque Catral,C/La Purisima (Alicate) Spain
Tel: 966-932-079
Mobile 627-503-061
[email protected]
How to exchange your British Driving Licence for a Spanish Driving Licence at Clinica San Roque Catral
Details are at http://www.spain-info.co.uk/Costa-Blanca/Catral/Clinica-Catral.htm

This "could" be a problem for people who have more than one home and are resident in more than one country.

Eh excuse me "you cant be resident in two countries"

Attached are some questions and answers given by people of the Torreveija U3A to a Traffic Officer of the Guardia. It might answer some of the gray areas we are not sure of.

You can link up to the U3A web site to read and connect to some links. http://www.torreviejau3a.org/guardia-advice.htm

I am resident in Spain and my British licence has five years to run. We still have an address in the UK so I do not know whether I need to change my licence for a Spanish one?
You do not need to change if you do not want but you have to register your driving licence in Traffic offices in Alicante, and to have a medical which it is compulsory if you are resident. Depending on how old you are you will have to go one year or another. We cannot force you to change your licence, if you have a European licence it is voluntary.

18. I am over 70 years old and hold a U.K. photo driving licence. I read on the DVLA website that even if I am resident in Spain, I do not need to change it for a Spanish licence provided I comply with any medical requirements. Can you confirm that provided I pass the Spanish Medical examination and keep a copy of the certificate with me, that I can drive in Spain using my U.K. Licence.
European drivers do not need to change their driving licences into Spanish, It does not matter if they are living here or not, they only have to pass the Spanish Medical examination every 5 years when they are over 65 years old, and keep the copy at home, because with the NIE number the police officer can check in our computer that he/she has passed his/her Medical Test, because Official Medical Centres must send to Traffic offices the result of the examination.

You do not need a medical check for shifting to Spanish drivning licence.

This is what I have is alluded to above.

"It does not matter if they are living here or not, they only have to pass the Spanish Medical examination every 5 years when they are over 65 years old."

You do have to pass a medical to have a Spanish Driving Licence!!!!!!!!!!!!!!!!!!!!!!!

https://www.gov.uk/living-in-spain
Replace or renew your UK licence within Spain
You should bear in mind that once your UK photocard licence expires you will not be able to renew this with the DVLA if you are residing in Spain. It may be easier to convert your UK licence to a Spanish licence before it expires.

Similarly, if your licence is lost or stolen you will not be able to replace it through the DVLA if you reside in Spain. You can apply to the DVLA for a ´certificate of entitlement’ in Spanish that can be used to apply for a Spanish driving licence.

Caroline, you are wrong.
You do not need a medical check when changing to a spanish driving licence. Only if you renew your driving licence. I know because I have changed to a spanish licence. And so has many of my friends done. No medical check!!!!!!!!!!!!!!!!
And Caroline if you still do not belive me please open the site https://sede.dgt.gob.es/Galerias/tramites-y-multas/permiso-de-conduccion/canje-de-permisos/2014/03-Canje-PC/nota-informativa/03-Canje-PC-EU-Islandia-Liechtenstein-y-Noruega-INGLES.pdf
And if you prefere to read the spanish text you have it here: https://sede.dgt.gob.es/es/tramites-y-multas/permiso-de-conduccion/canje-de-permisos/union-europea.shtml

It was stated years ago that to drive on an English driving licence in Spain, if you were resident here, you had to have a medical check up every five years, after the age of 45. I took this test when I was 65 even though I had an English Driving Licence valid until I was 70. So what happened to this little law??? Reindeer keeper.

Caroline, if you read my two comments you will see what you have to do now if you change - not renew - your driving licence. Spain had to change the law some years ago after being criticised by EU. So what you had to do is now history.

To change my UK driving licence to a Spanish I used Steve who is based in Benijofar. He charged me 75 Euros for the processing of all the necessary paperwork, which included him travelling to my house a couple of times for signatures and to the Traffico in Alicante a couple of times. When I received the the letter informing me that my Spanish licence was available for collection I paid Steve an extra 20 Euros to collect it on my behalf and he brought it to my house. All I had to do was provide Steve with all the paperwork and signatures required and he did everything. I did not have to go for a medical exam or any kind of test. The whole process took about 5 weeks. Steve's mobile telephone number is 667 834 487 and I certainly recommend him.

Sorry Weejohnten
You can be dual resident and I am.
I own property and a business in the UK, also own property in Spain.
I have a Permanent home in more than one country,
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/328986/hs302.pdf

I am a resident in Spain and have a business so had a Spanish licence. I also have a business and a house in the UK and was helping out my UK business driving our company van when I was stopped for speeding (yes my own fault) when I produced my Spanish licence I was asked if I thought they were stupid and was taken to court where the magistrate informed me I was classed as a UK resident because of my ties even though I considered myself a Spanish resident. Thats EU joined up thinking for you both countries insist I am a resident.

183 days/year or more and you are resident in Spain.

Sorry folks you can only be resident in one country, the one you get your health care through government or vote in you cant do both. I accept you may have a house in boyh countries but you are only a visitor in one .
Law
Once an EU Citizen becomes resident in the country it is illegal to renew the licence in any other country Spanish Real Decreto 818/2009
If challenged in the UK you are breaking the law if you live in Spain and have a the wrong address on your licence ROAD TRAFFIC ACT 1988 article 99.5

The results to a denuncia by the Guardia Civil described here were announced last June 2014 after the Guardia Civil had denounced the system enforced on them for fining motorists. G.C trafico had to reach a quota of 40/50 fines a month or lose a bonus of 140 euros a month. (This force is not well paid) The judiciary has ruled that this cannot continue. The force is now anticipating what sort of rule the government is going to impose on them as regards quotas to be achieved. A G.C who has 25 years in the force says ” We go out with a sense of a fine-ometer in our heads.

We have to wonder if this information has not filtered down to all the traffic sections. Is this the reason they are imposing illegal fines of 500 euros on expatriate residents or has the government given new orders, or can they really be unaware of the law. What is astonishing is the the DGT accept these fines.

Those residents who are stopped, remember that a resident cannot be fined on the spot. This will give you time to appeal. We suggest that you read the information on the link below from a document in the library. Follow instructions and print out the relevant details. Carry these with your car documents. Once stopped and told that you are driving on an illegal licence, politely show the royal decree number of the law (decreto real) and the relative article. This will usually mean that you will be allowed to proceed with your journey. Please share this information with your friends and family.

The link with information accompanied with a link THE-LAWS-RELATING-TO-DRIVING-LICENCES-IN-SPAIN.pdf

Weejohnten
I wish you were there in court with me you could have explained the law to him and saved me a fine and the trouble of changing my licence back to a UK one.

Weejohnten
You state "Sorry folks you can only be resident in one country, the one you get your health care through"
So I Get my health care in the UK, according to you that makes me a UK resident, what should I do hand in my Spanish residencia,
I should add that I had to have Spanish residency under the 90 day rule.

Golfer Selective editing that's not what I said "the one you get your health care through government or vote in you cant do both"
Once an EU Citizen becomes resident in the country it is illegal to renew the licence in any other country Spanish Real Decreto 818/2009
In effect if you have declared yourself resident in Spain you should have a Spanish Licence before your UK one expires. It would be easier if you just google the Royal Decree above and after you have digested that then read the road traffic act 1988 article 99.5
Then in a couple of days come back and tell me I'm wrong.


Oh and here are some extracts from EU directive 91/439 EEC:

Article 7:

1. Driving licences shall, moreover, be issued only to those applicants: ... b)who have their normal residence in the territory of the Member State issuing the licence, or can produce evidence that they have been studying there for at least six months.

Article 8:
Golfer this is what you are alluding to I think??

1. Where the holder of a valid national driving licence issued by a Member State has taken up normal residence in another Member State, he may request that his driving licence be exchanged for an equivalent licence; it shall be for the Member State effecting the exchange to check, if necessary, whether the licence submitted is in fact still valid.

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 calender 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.

In summary: A person who is not "normally resident" in the UK cannot hold a UK licence.

A person who moves from one member state to another may apply for a change of licence, but given that the UK is free to determine the validity of licences issued in the UK and has decided that the address on the licence is required to be correct (by statute) in order for the licence to be valid, this effectively obliges the licence holder to exchange the licence, given that on moving to another member state it is impossible that the UK licence remains l

Golfer,
Spanish residency under the 90 day rule does not mean you are tax resident in Spain. You must register your right to stay in Spain if you are staying more than 3 months in a row. And this registration doesn't make you tax resident. To be tax resident you have to stay 183 days or more. There are 90 days rule and 183 days rule. Many people here in the urbanisation have the green residencia paper but they do not live here. They are staying here less than 183 days. They live in other countries in the EU. And they do not pay taxes in Spain on their pensions. And they can not change to Spanish driving licence.

Some very useful information regarding the use of UK licences by those who are resident in Spain:

http://britishexpats.com/forum/spain-75/ultimate-driving-licence-info-closed-thread-786975/

The salient point regarding the UK address not being current is over-ruled by the EU directive it seems, and the holder can continue to use their UK licence in Spain until it needs renewed (i.e. after 10 years for the new photo needed).

Hope this link is of some help.

My husband and I changed our UK photo/EU licences recently. The process started at the end of June and we received our Spanish/EU licences by post in November (I think it took longer because of the August holidays). We were required to provide Medical Certificates,copies of residencia, passport, padron and photos. This was not an expiry or age related changed. I am under 60 and my husband under 70. We did it all ourselves, with no problems.
The amazing thing is when you look at your new Spanish licence it does not have your address on it.

reindeer keeper
I not talking about a fiscal resident, I am a fiscal resident in the UK. I was talking being a resident in Spain as I spend well over 90 days in Spain most years.
When I first took out residency it was a requirement if you spent more than 3 months in Spain.

Looks like there is another option,
http://www.janetanscombe.com/news/new-driving-licence-rules-from-19-january.html

Golfer, the important thing is the question if you are staying more than 183 days per year in Spain. If not you are still a tourist and do not have to change your driving licence.

In simple terms the answer above is correct.
And if stopped by the police be brave enough to argue it out or print the relevant document or decree and keep it in your car, if non resident you have no right of appeal so try to stop it at the point of contact.

my last post on the subject

Lol, the one who told you to provide Medical Certificates was not giving you correct information. But as usual people think they know. When my wife and I changed our licences there were people who had medical certificates to present but of no interest to the officials behind the counters. They couldn't even show the certificates because the certificates were handed back.

Theres a difference between being "resident" which will happen automatically after you have spent 90 days in Spain (and for which you need to register at the extranjero), and "fiscally resident" for taxation purposes, which is dependant on where you have been for 183 days in a year.

Steve
That is exactly what I was claiming, I am resident in both the UK and Spain. Fiscal resident in UK and Resident via the 3 month rule in Spain, I don't think Weejohnten understands this, hence my statement duel resident.

Anyway I have passed this info on to my legal bod, so will have to wait and see what he says.

I see that because I stated a fact that happened in a UK court of law everyone ignored it and gave their opinion of the truth. ORIGINAL POST
I am a resident in Spain and have a business so had a Spanish licence. I also have a business and a house in the UK and was helping out my UK business driving our company van when I was stopped for speeding (yes my own fault) when I produced my Spanish licence I was asked if I thought they were stupid and was taken to court where the magistrate informed me I was classed as a UK resident because of my ties even though I considered myself a Spanish resident. Thats EU joined up thinking for you both countries insist I am a resident.h. My original post.

I have a business a house and vehicles in the UK I pay tax in the UK and I am entitled to health care in the UK.

I own a business in Spain,I have a house in Spain and have a sip and I am entitled to health care in Spain.
The magistrate said that because I held a UK passport that UK laws took precedent and I could not be employed as a driver in a UK registered vehicle with a Spanish licence.
Weejohnten seems to think he knows more of the UK law than a UK magistrate. I prefer the advice of UK solicitors than bar room lawyers.

johnmckernanjnr,
there are two types of SIP-cards depending if you are living, residencia, in Spain or not. Tarjeta Sanitaria Individual SIP permanent or renewable every 6 month.

I have paid my Autonimo for 12 years and have had the one change of SIP when I was issued the new shape card two years ago. My wife and child who is in school here have SIP cards issued on the strength of mine. My solicitor put forward the case that EU law said I needed a Spanish licence but the magistrate adjourned the case and took advice and said that EU law contradicted itself and was unenforceable due to anomalies and made no allowances for people employed and paying taxes in two countries. I can not pay my UK taxes in Spain as PAYE does not allow that.

Back to the question if medical certificate is something you need. See the website
https://sede.dgt.gob.es/es/tramites-y-multas/permiso-de-conduccion/canje-de-permisos/union-europea.shtml
There you can read among other things the following information:
"SUPUESTOS ESPECIALES:
Permiso caducado: En el supuesto de que el permiso que se pretende canjear esté caducado, deberá acudir a un centro de reconocimiento de conductores para la emisión del informe de aptitud psicofísica, que se enviará telemáticamente a la Jefatura Provincial de Tráfico."
That means that if your driving licence has expired you need a medical certificate.

No The original comment was that you need to change your UK licence for a Spanish one.

And the question Medical or not was a subject..

My husband went to get a medical as he was a year away from 70 and thought it would therefore save going the following year. I was with him and they said I needed one too! Our Medical Certificates were not handed back - Traffico kept them.
It's all down to who you speak to, as ever!