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Speeding ticket received from Spanish authorities
Zod
post Tue, 15 May 2018 - 16:39
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I went to Spain in Feb 2018 and have received (today) a doubled sided A4 paper completely in Spanish which I assume is suggesting I was travelling too fast on their motorway. They want me to pay 300EUR.

The car was a rental vehicle which is how I'm guessing they got my details.

What do I do? Can I ignore?
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post Tue, 15 May 2018 - 16:39
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Zod
post Tue, 29 May 2018 - 14:52
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QUOTE (Churchmouse @ Mon, 28 May 2018 - 23:39) *
QUOTE (Zod @ Mon, 28 May 2018 - 12:51) *
QUOTE (Churchmouse @ Mon, 28 May 2018 - 11:20) *
Spain allegedly has "Driver Liability", like the UK "along with countries like Ireland, Germany, Italy, Spain and Austria", according to the RAC. Presumably, the Netherlands has "Keeper Liability", like France (or maybe their request for payment in Weasel's case had no compulsory aspect). In any case, the legal implications of a speeding ticket from Spain could be quite different than one from France or the Netherlands...

--Churchmouse


Arguing the matter to the authorities (in my case) that I was not driving will suggest that I was committing a second offence by offering my rental vehicle to someone, other the person legally allowed to drive on the agreement which meant they weren't insured and goes against the terms of the rental company.

What offence? Most car insurance policies in Europe seem to cover all drivers of a particular vehicle, so it wouldn't matter who was driving as far as the insurance is concerned. Not declaring an extra driver to the hire company could be a breach of contract, but that's hardly likely to be an unusual occurrence with grave legal consequences. How would the hire company even find out what you had told the Spanish authorities? And even if they did communicate after being paid for the speeding ticket, what would the consequence of breaching a hire car contract? What loss or damage would they have suffered?

It appears that there is a facility for nominating a different driver (djtaylor's link above), which also effectively confirms that Spain is a "Driver Liability" country. But you only have 20 days to do it, apparently...

--Churchmouse



Valid points, but I've never checked my insurance company on their stance of driving EU vehicles other than those registered in the UK.

I've seen the link and the facility to nominate another driver, but what if I don't have the full details, I'm wondering whether they'd reject this and come back round to me at which point the full 300 euros would be payable.
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Churchmouse
post Thu, 31 May 2018 - 19:37
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QUOTE (Zod @ Tue, 29 May 2018 - 15:52) *
Valid points, but I've never checked my insurance company on their stance of driving EU vehicles other than those registered in the UK.

I've seen the link and the facility to nominate another driver, but what if I don't have the full details, I'm wondering whether they'd reject this and come back round to me at which point the full 300 euros would be payable.

Your insurance company is not involved at all when you hire a vehicle abroad. The hire company's insurance policy will cover their vehicle whilst it is hired by you.

If the Spanish legislation is anything like the UK's s.172, there will be specific rules regarding how one properly responds to an official request to name the driver of a vehicle, but I have no idea what those rules might be in Spain. In theory, a failure to correctly comply with those rules could carry a stronger penalty than the underlying speeding charge (as it does, in most cases, in the UK). If there really was a different driver, you would almost have to name them in order to avoid "perverting the course of justice", assuming there is a Spanish equivalent--regardless of whether or not you had all of the driver's details. How the Spanish authorities would react to an incomplete submission is a good question, but I doubt anyone here can answer it.

--Churchmouse
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Fredd
post Thu, 31 May 2018 - 19:44
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QUOTE (Churchmouse @ Thu, 31 May 2018 - 20:37) *
but I have no idea what those rules might be in Spain.

Might have been an idea to stop at that point, then?


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cp8759
post Thu, 31 May 2018 - 20:20
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QUOTE (Churchmouse @ Thu, 31 May 2018 - 20:37) *
If the Spanish legislation is anything like the UK's s.172

If the Spanish legislation is anything like the UK's s.172, it won't be an offence to ignore it, just as it isn't an offence for someone in Spain to ignore a s.172 issued by a UK police force.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Churchmouse
post Sun, 3 Jun 2018 - 08:31
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QUOTE (cp8759 @ Thu, 31 May 2018 - 21:20) *
QUOTE (Churchmouse @ Thu, 31 May 2018 - 20:37) *
If the Spanish legislation is anything like the UK's s.172

If the Spanish legislation is anything like the UK's s.172, it won't be an offence to ignore it, just as it isn't an offence for someone in Spain to ignore a s.172 issued by a UK police force.

Interesting, but I wasn't referring to ignoring the request, as that would not really change the OP's situation from the current one in which he is concerned about having troubles when crossing a Spanish border. But voluntarily corresponding with the Spanish authorities would require some care. Naming multiple "possible drivers" is likely to have a consequence, and naming the wrong driver, for example, is likely to be frowned upon...

In the absence of the participation of anyone on this thread with Spanish traffic law expertise, I do think there is still some value from offering "informed speculation", even if only to identify potential issues for the OP's further research.

--Churchmouse
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baroudeur
post Sun, 3 Jun 2018 - 13:30
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The theoretical debate is interesting but avoids the real questions.

If this event had occurred in the UK would the OP contest a speeding ticket generated by a fixed camera?

How would the OP contest the charge without attending a Spanish hearing? What would be the cost of such action and the likely outcome?

The 50% offer of €150 within 20 days seemed the pragmatic answer but foregone by the debate on here.

That leaves paying the €300 or incur possible risk problems on future visits to Spain.

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