Road Safety Law

As a consequence of the high number of fatalities that each year occur on the Spanish roads, and to increase the level of control with regard to speeding and consumption of alcohol, a series of new sanctions have been introduced applicable to drivers who infringe the current legislation. As a consequence of this, we would like to highlight the most important modifications to the current Criminal Code which are those that are described below;  

Article 379 of the Criminal Code now reads as follows:

“He/she who drives a vehicle or motorcycle at more than 60km/hour above the permitted speed limit within urban areas or at more than 80km/hour above the permitted speed limit on intercity roads, will be punished with a prison sentence of three to six months or a fine of three to six months and community work for a period of between 31 and ninety days and in all cases will loose the right to drive vehicles or motorcycles for a period of more than one and up to four years.”

“He/she who drives a motor vehicle or motorcycle under the influence of toxic drugs, narcotics, psychotropic substances or alcoholic beverages will be punished with the same sentences. In all cases, he/she who drives with a level of more than 0’60 milligrams of alcohol per litre in breathed air or more than 1’2 grams of alcohol per litre of blood will be punished with the said sentences. “

Article 380 of the Criminal Code now reads as follows:

“He/she who drives a motor vehicle or motorcycle with manifest temerity putting into specific danger the lives or physical integrity of persons, will be punished with a prison sentence of between six months and two years and loss of the right to drive motor vehicles or motor vehicles for a period of more than one and for up to six years.

To this effect, one will be reputed to drive with manifest temerity in those cases in which the circumstances listed in the second point of the previous article concur.”

Article 381 now reads as follows:

“He/she who drives with manifest disregard for the lives of other persons incurring in the conduct described in the previous article, will be punished with a prison sentence of two to five years, a fine of fine of between twelve and twenty four months and loss of the right to drive motor vehicles or motorcycles for a period of between six and ten years.

When the lives of other persons was not put in specific danger, the sentences will be prison for between one and two years, a fine of six to twelvemonths and the loss of the right to drive motor vehicles and motorcycles for the time span foreseen in the previous article.”

At the same time, the driver who, upon being required by the authorities to be breathalysed or tested for the presence of toxic drugs, narcotics or psychotropic substances, refuses to submit to the tests referred to in the previous articles will be punished with a prison sentence of between six months and a year and the loss of the right to drive motor vehicles or motorcycles for a period of more than one and up to four years.

Those offences committed prior to the entry into force of the amendment (1st December 2007) will be punished in accordance with the previous legislation in force upon the commission of the offence. However, having said this, the current legislation would be applicable solely in those cases in which its application was more favourable for the offender than the previous legislation even if the act had been committed prior to the entry into force of the new legislation. In all cases, the offender will have a right to an audience.

Finally, and to clarify the terminology used in the articles outlined previously, when the Criminal Code refers to a “fine”, this refers to a financial penalty established in accordance with the magnitude of the damages caused and taking into account the financial situation of the offender. The amount of the fine is determined by the Judge in the ruling and refers to days, months or years. If the sentence refers to months, these are understood to consist of thirty days, whilst in the case of years, these are understood to consist of three hundred and sixty five days.

Article courtesy of Fernando Aliaga, Abogados, Javea