|
Having an ITV done on a foreign plated
vehicle in Spain.
9 March 2007
As
I have stressed several times, including in detail in the book, if you have
a foreign-plated vehicle in Spain, there are rules as to its use here in
Spain. I will not repeat them here as they are in the book, but
rumours abound amongst the expat. communities, especially over a drink in
the bars, and the following is intended to clarify the unfounded rumour
about it being OK to have a long term foreign plated vehicle inspected here
by obtaining an ITV certificate, the equivalent of the UK
MOT instead of taking it back home, wherever that is, for the legal test. You cannot
even have it done in Gibraltar.
For
those reading who are not familiar with the term ITV, it is the Spanish
equivalent of the UK MOT.
There never has been the legal facility to have
foreign plated vehicles ITV-ed in Spain except during the procedure
to transfer them onto Spanish registration.
What has probably happened because of ignorance
and a desire to get round the Spanish registration transfer need is that:
1. Someone in a bar somewhere said it
was legal despite the available evidence (if you know where to look, e.g.
the book, Motoring in Spain, that it is not. This is supposed to
save taking the vehicle back to the UK or Ireland for an MOT.
2. The Spanish ITV stations have been
happy to carry out the check as they do when a vehicle is being transferred
and they charge €35
- 40 for the test. Adds to their income.
3. The word has gone around by some who
have had it done and so others believe that it must be legal instead of
checking the facts. The snowball effect has been helped by the "guilt
feeling" that something must be done, even is it is not the right thing.
Many of us humans are like that, aren't we?
4. The disadvantage of having an illegal
ITV is that if stopped by the Guardia Civil or local police, it immediately
brings to their attention that the vehicle must be illegal if on foreign
plates, and this is reinforced when they check the insurance certificate
and see a Spanish address for the driver/owner, or the driver shows a
residencia card (soon
to be extinct) or NIE certificate, or, as is legal now as
far as the EU Directive 2004/38 (since 29th April
2006), a nota de empadronamiento. No need for a residencia since
then but Spain, like the EU driving licences, has been reluctant to follow
the directive, although this does mean that since that date, you cannot be
punished for not having a residencia as long as you have a nota de
empadronamiento.
What is happening now is that there are many
new GC officers and new policia locales (local police) who must have just
done the up-to-date training and are keen to do the job well so they are
applying the existing laws more strictly. Also, the regular bulletins sent
out to these officers are being read.
The feedback from the GC etc has most likely
been that there are many foreign-plated cars where the owner has presented
an ITV certificate at the road side, so through Trafico, who is responsible
for the ITV stations, the instruction to the ITV stations is now to only ITV
a foreign plated vehicle when the paperwork is shown proving it is only for
a transfer to Spanish registration, or is for a legal check perhaps to see
of the vehicle has been stolen, etc.
My book gives much detail on the Laws backed up
on my web-site for any current changes. Details are in this
web site.
I also write weekly
articles for the Costa Del Sol News and the Round Town News and I live in
Marbella.
www.roundtownnews.com:
www.costadelsolnews.com
The authorities are stopping vehicles more often now to carry out seat belt
checks, drinking and driving and if you are seen using a mobile while
driving or even parked on the road (held to an ear), and the latest is
referring to a navigation screen in the car while on the road, even if
parked (on the road). Please do not shoot me for being the
messenger. My task is to try and save you money in fines and penalty
points but many drivers are their own enemies as I find every week from
received E-mails and telephone calls with cries for help after being caught.
And the book only costs €16,
50.
The full step-by-step procedure of transferring
a vehicle onto Spanish plates is in my book, plus 215 pages of much more.
The
list of bookshops
is also in the web-site, and I can
post to you if you are too far away from
them.
_______________________________________________________________________________________
WARNING FROM THE GUARDIA
CIVIL AND THE Real Automovil Club de España. (RACE)
An old
method of easily stealing your car is being used again by the criminals.
12 March 2007.
You get
in your car, start the engine, go to reverse or drive out of your parking
bay or space and you see a large piece of paper partially blocking the rear
window. So you get out of the car, leaving the engine running and go to
move the paper. While you are doing this a person jumps into your car,
slams and locks the door and drives off, possibly hitting you on the way.
Or if you have left your handbag or anything of value, the thief may just
steal the valuables.
The
result is that not only have you lost your car, but the insurance company
does not want to know as you left the keys in the ignition with the engine
running. Not only that, you have to live with the feeling that you are in
some way stupid, a normal human reaction.
It can happen to
you so get in the state of mind; TRUST NOBODY and act accordingly.
____________________________________________________________________________
Tell Trafico when you sell
that vehicle.
12 March
2007
I had a call from a worried
lady I have known for some time last week. It appears that like most
of us, she has trustingly sold her cars over the years and believed the
buyers when they say they will attend to the transfer out of her name. My
answer to that is, as I always say, TRUST NOBODY! Many people are
full of good intentions but…. Others are just plain amoral. Anyway, she
has just received notification from Trafico that she owes just over
€1.000 in fines and taxes as vehicles are still registered in her name
and the period goes back twenty years. Yes 20 years. Have
you kept all your documentation and correspondence for that period of time
when you have sold a vehicle? Most likely not! The person/s she sold them
to never bothered to advise Trafico of the new owner so, as the government
always gets its money in the end, and they are not bothered where they get
it as long as it is according to the law, the seller can easily be the
loser, plus it is an offence not to tell Trafico when a vehicle has been
sold.
How do you do it? Download the
Trafico form TASA 9.07/A which is on the Trafico web site, complete
it remembering that the buyer’s street address must be shown, not an
Apartado de Correos, and if at your home and you do not know the buyer well,
check that it is correct with a document shown by him, such as the permiso
from his car, post it to Trafico certified post. Always keep an original
copy signed by the new owner. Note that the form for the buyer to notify
Trafico is the TASA 9.060.
Even if the buyer is a dealer,
it does not matter what he/she says:
TRUST NOBODY.
It is easier to do it the right way at the time than spend time, money and
endure the stress later.
Detailed
instructions are in the book along with other caveats to be aware of,
whether selling or buying a vehicle in Spain.
__________________________________________________________________________
A NEW ROAD SIGN? 14 March
2007
A new
road sign has been introduced in the UK for all those lonely drivers named
"Jack". At designated points, Jack may now legally wait and be greeted
by other drivers who will know your name from the sign.

No, the truth is that this new
road sign has been legalised in South Africa where hijacking is, along with
many other serious and violent crimes, a common daily occurrence, so signs
have been erected at the many points where the crime is now very common.
________________________________________________________________________
AN
INTERESTING BUMPER STICKER.
POLITICIANS & Nappies NEED TO BE CHANGED OFTEN FOR THE SAME REASON!
____________________________________________________________________
ANOTHER REMINDER ABOUT FOREIGN PLATED VEHICLES IN SPAIN.
23 March 2007
Those of us who have decided
to live in Spain as our main residence and have brought a foreign-plated
vehicle here need to know the following, as stated in my book, but seemingly
disputed by many probably because they do not want to face the job and
expense of transferring their vehicles onto Spanish plates as required by
Law. Much of this is in the book.
The Law we are talking (writing) about is the
Ley 38/1992, articulo 65.1 d, which says basically that (expanded):
-
If you have a motor vehicle which is used on
public roads, and Spain is your main residence, that is you live here more
than 183 days a calendar year, then the motor vehicle must be put onto
Spanish registration. If you live here legally for less than 183 days
a year, but your car is left here, then you must have the vehicle sealed (precintado)
by customs so that you have proof that the vehicle is not being used while
you are not here. However, I have not heard of anyone actually doing
that.
-
Please remember that your foreign plated vehicle
must be legal as in the home country, i.e. MOT, Road Fund tax paid, etc.
-
Strictly speaking, the vehicle should not be
used on the road until it has been re-registered. So it is an offence
to do so.
-
If you have moved the vehicle here permanently,
you must advise the DVLA, etc. as applicable, that you have done so and
there is a page in the (UK) V5C form for this purpose.
-
The 182 days or less that you visit here
is a total for a calendar year, so it can be say a month at a time, etc.
Also, it can be from July 1st to June 30th the following year, making a
continuous 12 months in all, but be prepared to prove this if you are
stopped as the officer, if in doubt, may issue a denuncia anyway so you can
prove it later. Usually costs a lot if you do not speak Spanish
fluently, not to mention the stress as it means a lawyer's.
-
Last year I was "fed rumours" about not having
to re-register foreign EU vehicles sometime in 2007, but all I could find on
the EU web-sites was a proposal affecting VAT payments to Spain on
importation of a personal vehicle. More on that when it is finalised.
So for the time being, we have to re-register as before.
-
When you register to stay here with residencia
or from the 28th March 2007, at the local Dept. de Extranjeros
(Foreigner's Department) or at the local police station depending on your
local instructions, you will be asked and have to prove your resident
status.
-
If it is 183 days a year plus, then you have 30
days from application for residencia or registration after the 28th March
2007 to put your vehicles onto Spanish plates (matriculacion) or get them
back to the "old home country".
-
If you wait longer then 30 days, you are in
great danger of being charged import duty as if you are a Spanish resident
(which you are) importing a foreign vehicle and be liable for import duties
in addition to the normal quite low costs of re-registration as explained in
my book.
-
How do I know this? Because in the last 10
months, I have received quite a few E-mails from readers of the Round
Town News and the Costa Del Sol News (the newspapers I write
columns for each week) who have belatedly tried to register their
foreign-plated vehicles, a significant number of them after being stopped in
a road-side check by the Guardia Civil or local police where they were given
30 days to do so, as well as a fine of up to
€300.
-
Also, many now tell me that if the vehicle is
not on Spanish plates within 30 days, the vehicle will be "embargoed", that
is confiscated until the procedure is completed, and that usually
means parking compound charges as an extra cost.
-
Now I hate writing this for those readers who
have not bothered to do so (many are still driving around after 2 plus years
with the old registration, and sometimes I feel like the man who is about to
lose his head because he has just brought the bad news to the king about the
army losing the battle, but I write it because if you know, then if you get
caught, who can you blame? Not me, please. I am trying
to save you money and stress. That is one reason I wrote the book.
-
ITVs on foreign-plated vehicles? See item
above at top of page.
The procedure is described in full on
re-registering a foreign plated vehicle here in Spain in my book, along with
lots of advice to make it easy.
__________________________________________________________________
Changing to a Spanish driving licence
at age 70.
As British residents here know, the standard
British driving licence expires at age 70. The vocational ones expire
at age 60 unless they have been renewed in the UK by talking a medical.
Vocational means those for taxis, heavy goods vehicles, etc.
The book states that after age 70, drivers in
Spain do not have to pay Trafico fees for their driving licence renewals,
but experience by readers shows that Trafico
interprets
this as, if you are changing to a Spanish
licence on the expiration of your British one then you are not yet aged 70
so expect to have to pay the fee of about
€18.
The ruling is because, I guess, the change is supposed to have been done
just before the old DL expires at age 70.
Anyway, this year, all administration is due
to be moved over to on-line, that is via the Internet, so the computer
owners can do it themselves, and those without can make friends with someone
who has a computer.
When the system is up and running, I will add
an instruction here on this web-site.
________________________________________________________________________________
TIME TO PAY THE AYUNTAMIENTO AGAIN.
It is that time of year to render unto Caesar
(i.e. the ayuntamiento) that which is Caesar's. In other words the
Impuesto municipal sobre vehiculos de traccion mecanica.
This
is the equivalent of the Road Fund Tax in the UK, etc. For those who
live in Malaga (or for general information in ather areas), please go to the
January 2007 page in this web site.
________________________________________________________________________________________
SPAIN IS CATCHING UP? 26 March 2007
Approved by the Spanish
authorities is a change to the uncontrolled pedestrian crossings in Spain.
There are basically three types as described in the book, and the change
affects the ones that are plain crossings without traffic lights or a "press
and wait" for the green person (to be politically correct) button.
Apparently poles with globes that are lit inside are to be erected each side
of the road so motorists have better chance of seeing them in advance.
I write the above title
with tongue in cheek because in some instances, Spain is ahead of other EU
countries with good ideas for saving lives on the roads. All it needs
is for all of us to obey them.
_______________________________________________________________________________________
UPDATEAPRIL2007
|