The truth about Spain’s driving laws: What they actually prohibit

Flip-flops, cheeky sandwiches and elbows out of the window are all infamous on Spain’s highways. Some actions are illegal, while others only become a crime when they hinder safe driving.

Three everyday practices that are not illegal

The majority of road offenses that are easily missed are already established rules, rather than a set of new fines. Several depend on the impact of an action on the driver. Articles 17 & 18 of Spain’s General Traffic Regulations Require drivers to maintain control, their freedom of motion and field of view, keep a proper position, and pay constant attention.

This produces three fines that are commonly misunderstood:

• Flip-flops are not appropriate for driving, nor is wearing thick coats.
  Fines: Up to €100, or €200 if the driving is classed as negligent.
  The following applies: Spain does not have a specific driving attire. Clothing or footwear that restricts movement or interferes with pedals, or prevents the proper control of a vehicle can result in a fine.

• Eat or drink behind the wheel
  Fines: Up to €100.
  The following applies: The act of eating ice-cream or drinking a beverage is not expressly prohibited. The law can make it an offence, however, if the ice cream or drink distracts the driver.

• You can drive with your arm resting on the window or driving while holding one hand.
  Fines: Up to €100.
  The following applies: There is no automatic fine for a person who is simply moving their arm, or stretching quickly. It is important to determine whether the position of the driver or the use of their arm interferes with the ability to control the vehicle.

Other words, eating a sandwich or wearing a large jacket, or using flip-flops, are not offenses in themselves. If they interfere with the control of your steering wheel or foot pedals then you may be in serious trouble. 

The penalties for these three crimes are much more clear.

The standard punishment and prohibited actions are clearly stated in other rules.

• Holding your mobile phone while you drive
  Fine: €200.
  Points: Six.
  The following applies: It is sufficient to hold the phone in one’s hand. The phone does not have to be on or checking Instagram.

• Tossing a dangerous object or cigarette end
  Fine: €500.
  Points: Six.
  The following applies: Throwing an object on or beside the road is punishable if it can cause an accident or fire. The most obvious is a cigarette tip during Spain’s risky summer months.

• Unnecessary use of the left or center lane
  Fine: €200.
  Points: None.
  The following applies: On motorways, autovías and other multi-lane roads outside built-up areas, traffic should normally use the right-hand lane. When overtaking or if road conditions warrant, the other lanes can be used.

The lane rule differs on marked urban roads, excluding motorways and autovías. Drivers can choose whichever lane is best for their destination provided they don’t block other traffic.

The horn does not serve as a way to say hello

Spain’s rules allow horns in limited situations. These include averting an accident or warning of an overtaking outside of a built up area.

• Use of the horn for no valid reason
  Fines: Up to €100.
  The following applies: It is forbidden to use the horn in an exaggerated, loud or unnecessary manner. It is not enough to see a friendly face on the sidewalk for the horn to be considered a greeting.

The same rules apply to pedestrians.

• Walking on an autovía (motorway, dual carriageway) or on the wrong side of an interurban road
  Fines: Up to €100.

• Ignoring the red pedestrian signal.
  Fines: €200.

Even though the circumstances are important, walking on foot is not a violation of traffic law.

Two penalties change from town to town

Some “Spanish Road Fines” that are widely accepted in Spain are actually heavily governed by local ordinances. It is not the same amount in all towns.

• Car washing and oil change in the street
  Fine: Local councils set the price.
  The following applies: Cleansing and environmental rules can be used to restrict the use of public roads for washing cars or performing maintenance. The penalties can be much higher if oil or any other hazardous substance is left in the road.

• The car is left parked at the same location for a prolonged period
  Fine: Depends on local laws, circumstances and rules.
  The following applies: The council may ask owners to check their vehicles for any temporary restrictions that are caused by events, works or removals. If they find any, the vehicle will be fined and/or towed.

Check the local ordinance before leaving your vehicle unattended. Also, make sure there are no temporary signs near it.

The 20-day deadline for a decision on a fine is now in place

The following are some of the ways to improve your own ability to learn. most fines issued by the Directorate-General for Traffic After receiving notification from the DGT, the recipient has a period of 20 calendar days in which to either pay with a 50% discount or file an appeal. The administrative process is ended when you pay at the reduced rate. You also give up your right to file a complaint through this route. Any points for licences still apply.

It is important to read the allegations before accepting the discount. If you are wearing a certain outfit, eating a particular food, or hanging an elbow outside a glass window, it is important to read the allegations carefully.