# Car legality question



## Mark Radberg (Sep 1, 2019)

Hi all
We are a semi-retired couple in our 60's and 70's, driving to Fuengirola in 2 weeks in our UK reg, 2006 RHD Merc c200. 
We have residency and looking to swap or sell the car within 30 days so as not to go through the importing process.
Any interest?

PS how do the authorities know when we entered Spain with the car?

If we drive to Gibraltar and return, does the 30 day period restart?
Any advise welcome!
Thanks
Myra & Mark


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## davexf (Jan 26, 2009)

Hola 

The car has to return to its country of origin to stop the clock ticking. As residents you are not allowed to drive foreign cars in Spain. As to whether the authorities know, it is for you to prove when the car entered conclusively - you are guilty until you prove otherwise 

Davexf


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## Barriej (Jul 23, 2012)

Mark Radberg said:


> Hi all
> We are a semi-retired couple in our 60's and 70's, driving to Fuengirola in 2 weeks in our UK reg, 2006 RHD Merc c200.
> We have residency and looking to swap or sell the car within 30 days so as not to go through the importing process.
> Any interest?
> ...


The 'authorities' will know when you drive onto the ferry or the tunnel. All information is now shared between all EU countries.

Just to show. My father in law was stopped driving a UK reg LHD car earlier this year. The car belongs to a friend of his and he was taking it to be stored.
The police knew within minutes that the car was untaxed and MOT'ed here in the uk and took the car from him to be destroyed... (will say that it had been a couple of years since the car had been taken from the uk) 

And as previously mentioned as residents you cannot drive a foreign plated car in the country you have residence in...

So I would drive it down, either sell it or get it changed to spanish plates as quick as possible, wouldn't even wait for the 30 days. And if you are staying get your driving licence changed as well to a spanish one.


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## Mark Radberg (Sep 1, 2019)

Thanks Dave


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## Mark Radberg (Sep 1, 2019)

Thanks Barrie


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## snikpoh (Nov 19, 2007)

It is actually nothing to do with the car - it's all about YOU. The car could be here for 12 months but you, as a resident, couldn't drive it.

If you do it speedily, then there might be no First Registration Tax (wrongly called import tax) to pay - this should bring the cost way down.


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## Juan C (Sep 4, 2017)

Mark. As you have residence status you are not allowed to drive a non spanish registered vehicle

That means not allowed. The number of days does not apply. Not allowed mean not for one minute. 

There is a proviso but that is in exceptional circumstances only. They would not apply in the circumstances you described


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## Monkey104 (Aug 24, 2014)

/SNIP/
When we arrived in April I was told “if the police stop you just don’t tell them you have residency.”
Well I moved here to become part of the community and not to play the system, not that I am implying you are, and within a few weeks of obtaining residency we sold our car and bought a Spanish registered vehicle.
I have heard from other folk how they are beating the system and I think is it really worth the grief!
However, you seem to be in a bit of a predicament as 2 weeks does not leave enough time for the logistics of selling your car and obtaining a Spanish registered one.
Your only option maybe to drive to your destination and hope you don’t get stopped.
Whichever way you decide, good luck and have a safe journey.


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## trotter58 (Feb 8, 2017)

Mark Radberg said:


> Hi all
> We are a semi-retired couple in our 60's and 70's, driving to Fuengirola in 2 weeks in our UK reg, 2006 RHD Merc c200.
> We have residency and looking to swap or sell the car within 30 days so as not to go through the importing process.
> Any interest?
> ...


Hi Mark,

Unfortuntely, as others have said, as a Spanish resident you can't legally drive UK registered car in Spain.

Which driving licence do you hold? If it's a UK licence and you're stopped, you could always lie about your residency and tell them that you're on holiday. However, I would be concerned about the car insurance. If it's illegal for you to drive the car in spain would your insurance be valid?

Why not just sell the car in the UK and fly over? You could always hire a car until you find a Spanish registered one. (Probably cheaper & less stressful than driving over)


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## Love Karma (Oct 10, 2018)

I wouldn't risk driving here on U.K Plates as a Resident.


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## Mark Radberg (Sep 1, 2019)

Hi all
Thanks for the advise.
I've been assured by my Spanish accountant that as long as the car has uk mot and road license (which it does) I am allowed to drive it using my UK driving license for up to 30 days.
I have to drive as the missus is having surgery and can't fly for 6 weeks and we have to be there on the 15th of September 
I'll worry about all the rest once we get to Fuengirola.


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## Monkey104 (Aug 24, 2014)

Have a safe journey and all the best to your wife.


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## Mark Radberg (Sep 1, 2019)

Thanks


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## Juan C (Sep 4, 2017)

Mark.

Do yourself a favour and get a flight, even though it might be expensive. It could be a lot cheaper than illegally using your car. But it’s your choice 

I suggest you get written confirmation of the incorrect advice you had from your Spanish ‘accountant’ and an undertaking he/she will fully reimburse you for the fine, possible cost of replacement of the confiscation of your car, loss of licence and, depending where you are stopped, the cost of completing your journey 

PS incompetent and poorly informed lawyers, accountants, gestors, etc are unfortunately very common in Spain.

PPS. I hope he/ she is a better accountant than an expert on traffic law


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## Megsmum (Sep 9, 2012)

Well, you learn something new everyday, I had NO idea that you couldn’t drive, as a resident a foreign plated car, I knew about matriculation etc. 

Secondly I never knew that Spain is full of incompetent professionals....sometimes we have to be careful what we say, this is simply a forum with no expertise apart from experience of systems within our own areas and our own life experiences. I suspect that the OP gestor has probably said.. you have. U.K. licence so if stopped be a tourist or words to that effect. Rather than yes it’s perfectly legal to drive etc etc ....I don’t know, but the thread started with a question and as is often the case answers not quite what was wanted, so the gestor comes into play with a reassuring reply.

OP
Clearly you know you are breaking the law and therefore taking the risk. That decision is really yours to make but how important is the must be here by a certain date, how long have you been resident for and with the B word coming up and in theory already passed, why haven’t you already got a spanish Driving licence! My concern would be any invalidation of my insurance in the event of an accident. Juan is correct, your gestor May have said “risk” it or words to that effect but for me, as someone who respects the law, especially in a country I had been given permission to remain, it’s not a sensible route to travel


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## MataMata (Nov 30, 2008)

trotter58 said:


> If it's illegal for you to drive the car in spain would your insurance be valid?


Yes it would. 

Invalidating insurance (a wooly if not meaningless term BTW) does not and cannot work like that, even if an insurer tries to tell you otherwise.


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## Juan C (Sep 4, 2017)

Mark. 

I just found the following

It would appear you can drive into spain and then directly to you home address. It would then appear you would be obliged to import the car, but maybe if you do not get stopped you could get away with that, but I am not sure how you would achieve that 

See
https://www.spainlegal.es/en/servicios/123-vehicles-ownership-in-spain

Extract 
It is illegal for residents of Spain to drive a car with foreign plates, so once a car is imported to Spain, it must be registered with the Spanish authorities. If entering Spain with foreign plates, residents are allowed to drive from the port of entry to their residence only. Spanish plates must be obtained within 30 days of entry. Temporary permission to drive an imported vehicle - and temporary licence plates - should be obtained from the provincial Traffic Department (Jefatura Provincial de Tráfico) or full re-registration of the car must be undertaken.


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## trotter58 (Feb 8, 2017)

Hi again,

Just seen this from our local Traffico's Face Book page (N332).
https://www.facebook.com/pg/DrivingSpain/posts/

"_N332 - ANSWER

"Can a Spanish resident drive a UK registered car in Spain? Or has the owner been with him. ?

Of course, you can drive or ride a vehicle registered in another country.

People mix concepts, between having a vehicle and driving someone else's vehicle.

-Law states your vehicle should be registered and taxed in the country where you have your normal residence. So in this case, there is no doubt. Once you become resident you must begin the process.

- If someone comes on holiday to Spain with his vehicle, you can drive it and you don't need him to go with you.

On these cases, we always advice to have written permission from the owner together with a photocopy of his ID, which is not compulsory but you will save time and questions if you are stopped by the Police.

Special Taxes Law regulates that Officers will act against those residents driving their vehicles registered in other countries, but there are no administrative offences for those residents driving these vehicles from other people, even if the owner is resident in Spain because it is not their responsibility to legalize the situation of the vehicle.

Police could remove the vehicle until the owner legalizes the situation, giving him a fine, but not for the driver unless this is the owner.

Drivers are not responsible if the vehicle is untaxed, uninsured, MOT expired or registered in another country breaking the Special Tax Law. It is the sole responsibility of the owner, so you don´t have to be afraid of driving your friend´s vehicle registered in his home country.

Has this point been clarified? _ "

Blown a few of my mis-conceptions out of the water!


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## Barriej (Jul 23, 2012)

Megsmum said:


> Well, you learn something new everyday, I had NO idea that you couldn’t drive, as a resident a foreign plated car, I knew about matriculation etc.
> 
> Secondly I never knew that Spain is full of incompetent professionals....sometimes we have to be careful what we say, this is simply a forum with no expertise apart from experience of systems within our own areas and our own life experiences. I suspect that the OP gestor has probably said.. you have. U.K. licence so if stopped be a tourist or words to that effect. Rather than yes it’s perfectly legal to drive etc etc ....I don’t know, but the thread started with a question and as is often the case answers not quite what was wanted, so the gestor comes into play with a reassuring reply.
> 
> ...


I have some info on this. I was checking yesterday, making a list of all the things that might change after B day. For our move next year.

And I came across this on the .gov website.

Its about driving in the EU afterwards. 
https://www.gov.uk/guidance/driving-in-the-eu-after-brexit-driving-licence-exchange

And it appears that you will still be able to exchange your UK licence for up to 9 months after the leave date. Thats in Spain anyway the other EU countries have given different requirements.


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## MataMata (Nov 30, 2008)

Drivig licence exchanges between UK and Spain are a particular case as Spain has signed but not ratified the 1968 Vienna convention which facilitated such exchanges.

Whilst UK remains a member of the EU then exchanges are covered by EU directive but once out that will no longer apply.

Spain may have offered a post brexit 9 month grace period for exchanges but it's a concession which they could withdraw at any moment so those who are resident but have yet to exchange I would urge to do it ASAP!

It's interesting to note that up until 2018 UK had similarly only signed the Vienna convention but presumably foreseeing such problems, then ratified it, Spain of course could do likewise which would make the problem disappear in an instant and I have no idea why they don't.

Perhaps post Brexit and when Spanish citizens living in UK begin to be refused exchanges they will send somebody to Vienna with a pen and authority to use it!


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