New Traffic Laws

I have translated and copied below the new Traffic Laws which become effective from Monday March 21st. I apologise for some of the translation which is a little iffy in parts. I have tried to make it understandable!

From this Monday, March 21, if you get behind the wheel, keep in mind that the reform of the Traffic Law is already in force. This is the great project of the DGT during the current mandate of Pere Navarro and seeks to help reduce the accident rate by 50% throughout this decade. His arrival, in fact, occurs at a rather delicate moment, since the return to normality has brought with it an upturn in accidents. Until March 17, 222 deaths had been recorded. Compared to 2019, the last year before the pandemic, that represents an increase of 12%.

The changes affect all vehicle drivers, including scooter and bicycle users. And it places special emphasis on minors.

APPLICATION OF POINTS

Alteration of points on licences to  toughen the treatment for some offences. For example:

Driving while holding the mobile in your hand (you don't even need to be using it) will attract six points. But if it is handled without touching it, for example by carrying it on a support, it is still three points. The economic amount of the fine remains at 200 euros. Since 2016, distractions are the first cause of fatal accidents and are present in 31% of them.

Not wearing the belt, helmet and other safety elements such as child seats increases the number of points that will be applied from three to four. One in four deaths in cars or vans on the road involved not wearing a seat belt.

Putting at risk, hindering or overtaking cyclists on a road without maintaining a safety distance of at least 1.5 meters will lose six points (previously four).

The period without committing infractions to recover the initial balance of 12 points is unified in two years, provided that not all have been lost. In the latter case, you will have to go through a recovery course. Until the approval of the reform of the law, this period varied depending on the seriousness of the infraction committed.

Driving vehicles that have radar detection mechanisms or speedometers will subtract three points, even if they are not used. The installation of an inhibitor was already punished with six points and a fine of 6,000 euros, while the person responsible for having placed the device can be fined between 3,000 and 20,000 euros.

FINES

In terms of infractions, they are very serious (fine of 500 euros):

Using unauthorized intercom devices in exams to obtain or retrieve a driver's license.

Throw objects on the road that could cause fires or accidents. In addition, six points will be lost from the licence.

Failure to comply with the rules on assistance on public roads and on the use of anti-start breathalyzers.

These are serious offences and attract 200 euros fine.

Stopping or parking in lanes or bike lanes

Carry radar detection mechanisms or kinemometers in the vehicle. In other words, just having them is enough.

Driving with a suspended license as a precautionary measure

That motorcyclists or cyclists use the mobile phone holding it with one hand or adjusting it between the head and the helmet.

And they become minor infractions (up to 100 euros fine):

Failure to comply with the obligation to be "at all times" in a position to control the vehicle.

That cyclists fail to comply with road safety regulations that are not serious or very serious.

NOT AT 20 KM/H EXTRA

For decades, in Spain it has been allowed to exceed the limit on conventional roads (those with only one lane in each direction of travel) by 20 km/h when overtaking. Now, that margin disappears in what is, without a doubt, the most controversial measure of the reform.

The DGT, the victims' associations and experts such as those from the Fesvial foundation defend it arguing that "speed kills", although no scientific reports have been presented beyond the 239 people who, according to Traffic, died in frontal collisions in 2019.

For their part, the clubs, automobile associations and other experts wanted to maintain it and present studies such as the one that states that overtaking will be much more dangerous since it will take three times as long and they will travel up to 120 meters more when overtaking a truck that drive at 90 km/h.

In addition, both parties admit that one of the reasons for breaking down this rule is not to give rise to appeals for fines imposed by speed cameras. Time will give and take away reasons. Traffic has assured that it will evaluate the data of the first year, although that does not mean that it is going to back down: they say that it is a short time for it and that, if they have taken it forward, it is so that it stays.

SCOOTERS, CYCLISTS AND MOTORCYCLES

On the other hand, the law will oblige users of personal mobility vehicles to wear a helmet, remove scooters from sidewalks and other pedestrian areas, and clarify that vehicles not only do not have preference at pedestrian crossings -something already regulated- , but also on sidewalks and pedestrian areas.

In addition, car drivers must completely change lanes when the road has more than one lane in each direction for overtaking maneuvers by cyclists, bicycle users can go through the center of urban roads for safety reasons and motorists can wear intercoms integrated into the helmets.

The rule opens the door to regulate alcohol and drug controls for professional drivers, and that anti-start breathalysers are mandatory in vehicles transporting passengers and dangerous goods from July 6, 2022.

ZERO RATE OF ALCOHOL IN YOUNG PEOPLE

On the other hand, minors will have a zero rate of alcohol as drivers of any vehicle. The messages on signage panels will appear in Spanish and the co-official language in the autonomous communities that have it. Another novelty is that in the complaints it is recognized that a public employee can control regulated parking areas with a personal identification number similar to that of the agents of the authority.

SAFE DRIVING COURSES

The law establishes a framework for safe driving courses to be defined and regulated, which will offer two points if approved; and the development of a telematics system so that transport companies know if a professional driver on their staff has points on their license.

Finally, the pulse that traditional and digital driving schools maintain for driver training was left in a stalemate in the parliamentary route from which the new reform of the Traffic Law came. The Congress pointed out that the theoretical classes to obtain the driving license can be carried out remotely and that it is not necessary to have a physical or local establishment to operate as a driving school throughout Spain, something that the Senate overturned, which will allow online training in awareness and sensitization courses if the interaction between students and teachers in a virtual classroom is ensured. Likewise, the door remains open for a minimum number of face-to-face classes to be introduced in the future in order to be able to appear for the card theorist.

LOW EMISSION ZONES

A new serious infraction is introduced, with an amount of 200 euros for not respecting the traffic restrictions derived from the application of the protocols in the event of pollution episodes and the low emission zones (ZBE). The Law on Climate Change and Energy Transition requires municipalities with more than 50,000 inhabitants, or those with more than 20,000 with serious pollution problems, to establish ZBE before January 1, 2023.