Ignorance is no excuse
November 28th, 2007
The prediction that I am writing about is the need for holders of foreign EU driving licences (DLs) who are resident in Spain to have the periodical medicals just as the Spanish have to, and as specified in the EU Directive on the subject and I have stressed this for the last two years. For those new to Spain or the subject, until September 2004, when foreign EU citizens came to live in Spain as a resident, they had to change their driving licence for a Spanish one and that is why I have one, but this was against the EU rules and in September 2004, Spain lost the case at the European Court and so foreign DLs became legal for residents to use but the rule also stated that the foreign residents are subject to the same rules as Spanish drivers. This includes the periodical medicals as specified in my book and in my various articles on the subject.
Well, according to an email received from an expat in the Torrevieja area, what I had warned against has happened. Apparently a lady was involved in an accident where someone was seriously injured and she had a UK-DL but had not had any medicals since she arrived here, and in the ensuing Court case that followed where she was under the impression that she was faultless, a lawyer checked her DL and asked for the official medical certificate, which she did not have. As a result, her DL was declared legally expired although the expiry date on it was for a few years time and she was judged to be at fault for not having a current DL, for if she had not been driving the accident would not have happened. Plus, her almost new car, which was a write-off, was refused cover by her insurance company under their rules where, no licence, no payout. So she has lost her car, has penalty points and a fine to pay.
Here is the sad point about the subject, not many of the policing authorities seem to know this law so if you are stopped at the side of the road for a document check, you may get away with it through that officer’s ignorance. However, ignorance of the law is no excuse. The official letter giving the details, in Spanish, is on my web-site at www.spainvia.com/drivelicenceletteradsl.htm and it can be printed out.
Full story from roundtownnews.co.uk
