Driving Licence with points

Dated the 28th of April 2004 the plenary assembly of the Congress of Deputies approved a project which changes the legal text of the law of traffic, security of vehicles with engines and road safety, approved by the legislative Royal Decree 339/1190 dated the 2^nd of March. The principal innovation which includes this project is the implantation of the driving license with points.

Initial credit

The validity of the driving license is bound to the fact that the owner has not lost the whole points.

-          in general: 12 points

-          8 points:

Holders of a permission or license with an antiquity lower than three years, excluded those holders who own other driving licences with that antiquity.

Holders of a permission or license which obtained the permission or driving license again after losing the whole points.

Those which have maintained the whole points number and not have received a punishment for an offence by the administrative route will receive two points during the first three years and one point for the next three years as a bonus, being able to accumulate up to a maximum of 15 points instead of 12 initials.

Loss of points

The number of points initially assigned to the holder of a driving license will be reduced by every firm sanction of serious or very serious infraction, confirmed by the administrative route.

6 points:

Driving with alcohol superior to:

-          in general: 0,50 mg/l

-          professionals and holders of permissions with less than 2 years: 0,30 mg/l

Driving under the influence of narcotic, psychotropic, stimulant and other substances with similar effects.

Refusal to submit to an alcohol test (“breathalizer”) or any test for drugs, psycho tropics, stimulants and other substances with similar effects.

Frivolous driving manner, driving against the flow of traffic or driving in not authorized vehicles of racing or participate in any race or competition without authorization.

Driving at 50% more than the speed limit indicated, unless de indicated limit is set at 30 kph.

Professional drivers (taxis, commercial vans etc.) exceeding by more than 50% permitted hours of work at the wheel, or reduce by more than 50% of obligatory hours of rest.

4 points:

Driving with alcohol superior to:

-          in general: 0,25 mg/l

-          professionals and holders of permissions with less than 2 years: 0,15 to 0,30 mg/l

Driving on motorways or main roads in a type of vehicle expressly forbidden on that type of road.

Driving with an excess of 50% or more in respect of the number of passengers allowed, apart from the driver, unless driving an urban or inter-urban motorbus.

Driving without driving licence, or any adequate proof of
     holding such a licence.

Throwing out of your vehicle any object that might 
     cause a fire or an accident.

Driving with negligence, or in a manner likely to create 
     risk for others.

Driving over a STOP sign, a red traffic light, or do not respect a sign demanding right of way for others.

Overtaking putting those driving in opposite direction in danger, or hindering their progress, or in circumstances of reduced vision.

Driving in reverse gear on motorways or main roads.

Increasing the speed or changing the road position when other drivers wishes legally to overtake.

Overtaking putting cyclists in danger, or hindering their
     progress.

Driving faster than the limit by more than 40 kph.

3 points:

 
     Driving faster than the speed limit by more than 30 till
     40 kph.

     Changing the direction, breaking the applicable rules.

Not maintaining the acceptable distance between the your vehicle and the one in front of you.

Using manually mobile telephones, earphones or any equipment which distracts the attention while driving.

2 points:

         Driving faster than the speed limit by more than 20
         till 30 kph.

Parking the car in any risk zone, risk for the free circulation of traffic, pedestrians, or in lanes limited for the use of service vehicles.

Using any system for the detection of radar in order to avoid the vigilance of traffic police.

Not showing lights when it is obligatory or bad use of the same.

Not wearing the safety belt, or crash helmet or any other obligatory safety system.

Carrying a minor, less than 12 years as passenger on motor bicycle, scooter or auto-cycle, excepting where it is permitted by law.

Recovering points

Lost points can be recovered, losing none during a period of 2 years, unless the original loss of points was for a serious infraction, in that case 3 years.

Validity of this law

This law should come into force starting summer 2005 but the government delays to the Christmas 2005 with the reason of complexity of the measurement, but it is already recognized in the senate by the uppermost responsible person of the central traffic management (DGT).