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motoupdateOCTOBER2008

  

  

 Update page for October 2008

MEDICALS FOR those expats who have foreign e.g. UK driving licences (DLs) - AGAIN.

Over the last few of years I have advised, based on my research which has been confirmed by other authorities including Spanish lawyers, about the need for those expats who have a foreign EU driving licence, and who are resident here, that is they live here for 183 plus days per calendar year, and pay their taxes here, this being their main place of residence, about the need for having periodical medicals.

But still there are people out there who argue with me because a Spanish gestor, or a clerk at a medical centre where the medicals are taken (Centros de Reconocimientos Medicos de Conductores) has told them it is not necessary, but IT IS.

Many of the Spanish gestors and medical clerks do not know the laws as they apply to extranjeros (foreigners) as has been and still is being proven.

I have asked those who disagree to provide me with written official evidence, or a website address for the EU or Spanish government that shows that it is no longer a necessity, but no one has been able to provide anything.

Here are the main points with reference to the need for the periodical medicals if you have a foreign EU DL:

1.Click:  www.spainvia.com/drivelicenceletteradsl.htm

This is in this web-site and reference to para 3 is your necessary reading matter.  It confirms the need for medicals in Spain which are differing periods depending on age and type of driving licence.

2.         http://ec.europa.eu/transport/home/drivinglicence/faq/002_en.htm

This is the original EU Directive information on the subject.

3.    Copy of a FAQ answer in English on the subject in the EU Info web-site. (My underlining):

Article 1.3 of Directive 91/439/EEC enables Member States to apply the same periods of validity and the same frequency of medical examinations for holders of driving licences issued by another Member State and having taken up normal residence in their territory as are applied to holders of national licences.    The new period of validity is to be applied with effectfrom taking up residence. For determining the applicable validity period you are advised to consult the comparative view of validity periods in part I, section B.1. of the Commission Interpretative Communication on Community driver licensing (which has been published on 28 March 2002) and the local issuing authorities in your country of residence.

SPAIN INSISTS ON THE SAME RULES FOR ALL DRIVERS LIVING IN SPAIN REGARDLESS OF THEIR DRIVING LICENCE COUNTRY OF ISSUE.

As a resident in Spain, when your foreign EU DL expires at say age 70 (UK DLs), you have to change it for a Spanish one (unless you are moving elsewhere out of Spain, of course) which is easy to do and is explained in detail in my book.  Even if you have a foreign EU DL, you need to take the medicals.   If you do not take the medicals, legally it will have expired then.

PLEASE REMEMBER; IGNORANCE OF THE LAW IS NEVER ACCEPTED IN COURT:  IT IS YOUR RESPONSIBILITY TO KNOW THE LAWS AND THAT IS WHY I WROTE THE BOOK, MOTORING IN SPAIN; INITIALLY BECAUSE I WANTED TO KNOW THE LAWS MYSELF.    

IF YOU WOULD RATHER SPEND THE 22,95 on  a "bar-meal" for two, that is your decision but when you are subsequently in trouble with the law etc, you have only yourself to blame.

__________________________

Perhaps the above is a little blunt, but I am tired of some people believing what suits them (that is human nature) rather than the facts and I would rather hurt some peoples' feelings than be a "Told you so" at a later date

I receive about 20 emails a week with 90% of them in trouble with the law that could have been avoided if the person had done the correct thing and read up  on the laws when they first arrived in spain.  

The emails and calls that i have received thanking me for writing the book though have made it all worth while.

 ______________________________________________________________________

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