Administrative offences

A road traffic offence is any unlawful and reprehensible act, for which a fine is imposed, that fulfils a legal type corresponding to the violation of a rule of the Highway Code or complementary legislation, as well as special legislation whose application is entrusted to the Directorate-General for Traffic.

Negligence is always penalised in road traffic offences.

Road traffic offences are governed by the provisions of the Highway Code, complementary or special road legislation and, in the alternative, by the general regime of administrative offences.

Road traffic offences are classified into 3 types: Light, Serious and Very Serious

The penalties applicable to each type of road traffic offence are

Light: punishable by an accessory penalty (fine).
Serious: punishable by a fine and an accessory sanction.
Very Serious: punishable by a fine and an accessory sanction.

Light administrative offences

Light administrative offences are sanctioned only with a fine and are all those that are not classified as serious or very serious by law. As far as the Highway Code is concerned, all administrative offences that do not appear in articles 145 and 146 of the Highway Code are minor.

Speeding by motorbike or light vehicles; Within localities up to 20km/h & Outside localities up to 30km/h.
Speeding by drivers of other motor vehicles (heavy goods vehicles or mopeds): Within localities up to 10km/h & Outside localities up to 20km/h.
Speeding in excess of the limits set for a particular driver or vehicle Up to 20km/h.

Serious and Very Serious Administrative Offences

Serious and very serious administrative offences are punishable by a fine and an accessory sanction of driving disqualification or, in lieu of this, if the person responsible is a legal person or a person not authorised to drive, seizure of the vehicle. Serious offences are defined in article 145 and very serious offences in article 146 of the Highway Code.

Serious administrative offences

Vehicles travelling in the opposite direction to that legally established (On highway and similar roads)
Speeding outside the locality at more than 30 kilometres per hour above the legally imposed limits, when practised by the driver of a motorbike or light vehicle, or more than 20 kilometres per hour when practised by the driver of another motor vehicle.
Speeding within localities in excess of the legally imposed speed limit of 20km/h by motorbike or car drivers, or in excess of 10km/h by drivers of other motor vehicles.
Speeding more than 20km/h over the speed limits set for the driver or specially set for the vehicle.
Driving at a speed that is excessive for the characteristics of the vehicle or the road, the weather or traffic conditions, or in cases where the speed must be especially moderate.
Failing to comply with the rules and signs relating to the distance between vehicles, giving way, overtaking, changing direction or traffic lane, reversing, starting, walking, reversing and crossing a level crossing.
Stopping or parking on the verges of motorways or similar roads.
Failure to comply with the traffic rules for heavy goods vehicles and combinations of vehicles on motorways or similar roads.
Failure to give way to pedestrians by drivers who have changed direction within localities, as well as failure to allow pedestrians to cross at signalised crossings.
Vehicles travelling without the use of a lighting device, when this is compulsory.
Driving under the influence of alcohol, when the blood alcohol level is equal to or greater than 0.5g/litre and less than 0.8g/litre.
Failure to use the hazard warning signal and hazard warning lights.
Using headphones or radiotelephones while driving.
Stopping and parking at pedestrian crossings.
Carrying underage or unfit passengers without them wearing compulsory safety accessories.
Driving vehicles without civil liability insurance.
Stopping and parking in a place reserved for people with mobility impairments, by any other driver who is not authorised to do so.

Very Serious Offences

Stopping or parking on carriageways outside localities, within 50m of junctions and crossroads, bends or speed bumps with insufficient visibility, or stopping or parking on carriageways of motorways or similar roads.
Parking on carriageways outside localities at night.
Failure to use the hazard warning sign, as well as failure to signal a vehicle immobilised due to a breakdown or accident, on motorways or similar roads.
Using the high beam lights in such a way as to cause glare.
Entering or exiting motorways or similar roads from places other than the accesses intended for those purposes.
The use, on motorways or similar roads, of traffic separators or any openings that may exist in them, as well as traffic on verges.
Vehicles travelling in the opposite direction to that legally established on motorways, similar roads and roads with more than one traffic lane in each direction.
Failure to comply with the rules and signs relating to the distance between vehicles, giving way, overtaking, changing direction or traffic lane, reversing direction, starting, starting position and reversing when on motorways or similar roads.
Vehicles driving on motorways or similar roads without using a lighting device, when this is compulsory.
Speeding outside localities in excess of 60 kilometres per hour over the legally imposed limits when committed by the driver of a motorbike or light vehicle, or in excess of 40 kilometres per hour when committed by the driver of another motor vehicle.
Speeding within localities in excess of 40km/h over the legally imposed limits, when practised by the driver of a motorbike or light vehicle, or in excess of 20km/h, when practised by the driver of another motor vehicle.
Speeding more than 40km/h over the speed limits set for the driver or specially set for the vehicle.
Driving under the influence of alcohol, when the blood alcohol level is equal to or greater than 0.8g/litre and less than 1.2g/litre or when the driver is considered to be influenced by alcohol in a medical report.
Driving under the influence of psychotropic substances.
Failure to comply with the obligation to stop imposed by the traffic inspector or regulator, the red traffic light or the mandatory stop sign at crossings, junctions and roundabouts.
Crossing or driving in disregard of a continuous longitudinal line delimiting traffic directions or a mixed line with the same meaning.
Driving a vehicle in a category or subcategory for which the driving licence held by the offender does not confer a licence.
Abandonment of the scene of an accident by the driver, when the result is death or injury.

Road Traffic Offences

Offences against the provisions of the Highway Code and other complementary legislation are administrative offences unless they simultaneously constitute a crime, in which case the perpetrator is always punished as a criminal, without prejudice to the application of the ancillary sanction for the administrative offence committed.

Concurrent offences

If the same act constitutes both a criminal offence and an administrative offence, the perpetrator will always be punished as a criminal offence, without prejudice to the application of the ancillary sanction provided for serious and very serious administrative offences. The application of the ancillary sanction is the responsibility of the court competent to try the offence.

The sanctions applied to administrative offences in competition are always materially cumulative.

Fines

A fine is a certain amount of money, varying according to the type of offence committed, which is imposed when an administrative offence is committed.

Drivers who are fined can pay the minimum amount. If they fail to do so, the amount of the fine is increased taking into account:

The seriousness of the offence and culpability (responsibility);
The background of the offender;
The offender's economic situation, if known.

Accessory sanction

The accessory sanctions applicable to road administrative offences are a driving ban and the seizure of the vehicle. According to Article 138 (1) of the Highway Code, serious and very serious administrative offences, in addition to a fine, are also sanctioned with an ancillary penalty of driving disqualification (Article 148(1) and (2) of the Highway Code).

Accessory penalty of a driving ban

For serious administrative offences, it lasts a minimum of 1 month and a maximum of 1 year.
For very serious offences, it lasts a minimum of 2 months and a maximum of 2 years.

The sanction of seizure of the vehicle is applicable when the commission of serious and very serious administrative offences is carried out by a legal person or a person who is not authorised to drive (Article 147(3) of the Highway Code). The duration of the sanction is identical to the duration of the driving ban applicable to the offence.

Accessory sanctions are served in consecutive days, as stipulated in Article 138(4) of the Highway Code.

Persons Responsible for Offences

The persons responsible for road traffic offences are those who carry out the offences, as designated in each legal instrument, without prejudice to the exceptions and presumptions expressly provided for in those instruments. Legal or equivalent persons are liable under the terms of general law.

Liability for the offences provided for in the Highway Code and complementary legislation falls on:

The driver of the vehicle, for offences relating to driving.

The holder of the vehicle identification document, in relation to offences concerning the conditions for admitting the vehicle to traffic on public roads, unless it is proven that the driver misused it or infringed the orders, instructions or terms of the authorisation granted, in which case the driver is liable.

The holder of the vehicle identification document, in relation to driving offences, when it is not possible to identify the driver.

Pedestrians, for offences relating to pedestrian traffic.

Instructors are responsible for offences committed by trainees, as long as they are not the result of disobedience to instructions.

Examinees are responsible for offences committed during the exam.

They are also liable for offences:

Principals who require drivers to make an effort that is inadequate for the safe practice of driving or subject them to hours that are incompatible with the need for rest, when the offences are the result of the driver's state of fatigue.

Those who allow vehicles to be used by people who are not duly authorised to drive, who are under the influence of alcohol or psychotropic substances, or who are subject to any other form of impairment of the physical or mental faculties necessary for driving.

Parents or guardians of minors with a special moped licence.

Parents or guardians who are aware of the inability or recklessness of their minor children or guardians and do not obstruct them from driving.

Drivers of vehicles carrying underage or unfit passengers who do not allow them to use compulsory safety accessories.

Special mitigation of the ancillary sanction

The minimum and maximum limits of the ancillary sanction for very serious administrative offences may be reduced by half, taking into account the circumstances of the offence, if the offender has not committed any serious or very serious administrative offence or an offence punishable by a driving ban or disqualification in the last five years and on condition that the fine has been paid.

Repeated offences

An offender who commits an administrative offence punishable by an ancillary sanction after having been convicted of another administrative offence against the same law or its regulations, committed less than five years previously and also punishable by an ancillary sanction, is penalised as a repeat offender.

In the event of a repeat offence, the minimum limits for the duration of the ancillary sanction laid down for the respective administrative offence are doubled.

In cases of recidivism (committing a new serious or very serious administrative offence after having been sanctioned less than five years previously for another serious or very serious administrative offence), the ancillary sanctions of driving disqualifications are:

1) For serious administrative offences, the minimum duration is 2 months and the maximum is 1 year.

2) For very serious offences, a minimum of 4 months and a maximum of 2 years.

Criminal offences

Driving under the influence of alcohol, when the blood alcohol level is equal to or greater than 1.2g/litre.

Driving a motor vehicle without a driving licence, which is understood to be a driving licence or permit.

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