How Do I Appeal A Traffic Fine In Spain?
Expat Tips
Published: 08 November 2023 13:14 CET
If you drive in Spain, there may come a time when you are issued a fine for speeding or other traffic offences.
In 2022 alone, the Directorate General of Traffic (DGT) issued a total of 5,542,178 fines in Spain, marking a 15.6% increase compared to the number of citations issued by traffic officers in 2021. As a result, the Spanish government collected a total of 507 million euros solely from traffic fines. Notably, the most common violation on the country's roads was speeding. Given the margin of error that radars have, many drivers seek to appeal such fines.
Once you receive a sanction issued by a public authority under the Ministry of the Interior, you have a limited period to file an appeal to avoid paying the associated financial penalty.
How do I initiate an appeal?
So, what is the process for appealing a fine and what’s the best way of doing it?
The procedure is straightforward, as outlined by the Directorate General of Traffic. To initiate an appeal, you must submit an allegation, which can be done online using the Cl@ve certificate.
Alternatively, you can send it via regular mail to the Provincial Traffic Headquarters or the Automated Complaints Processing Center.
If preferred, you can personally file the appeal at any Traffic Office. Keep in mind that you can only appeal within 20 days of receiving the violation notice. After this period expires, you can only file an appeal for review if there is a mistake in the citation.
Who has issued your fine?
Before appealing a fine, it is important to know which authority has issued you with the penalty.
In Spain, the responsible entities for enforcing traffic-related penalties include:
- The General Directorate of Traffic/Guardia Civil Trafico
- City councils.
- Autonomous Communities with delegated powers: Catalonia, which operates the Catalan Traffic Service; the Basque Country, under its Traffic Directorate; and Navarre.
Each of these organisations independently handles its own case files for imposing sanctions.
Thus, it is necessary to contact the relevant authority or body responsible for issuing the fine to contest it.
How will I be notified?
Bear in mind that the DGT exclusively communicates your fines through one of these avenues:
Note that you can register with the DEV - Road Electronic Address system which means you can receive fines in electronic format to an online mailbox.
Please be aware that receiving a traffic ticket notice through email is fraudulent. The DGT NEVER employs email for notifying fines.
What if I wasn’t the driver?
If you were not the one driving at the time of the offence or if the penalty imposed results in a points deduction, you must identify the driver.
You need to inform the relevant authorities within 10 days of receiving the notice of the violation about the individual responsible for the offence, so that the penalty can be appropriately applied to them.
In cases where the penalty entails a loss of points, it is mandatory to identify the driver at all times, failure to do so may lead to sanctions.
What are the consequences of appealing a fine?
The primary consequence of filing an appeal is that you forfeit the right to a 50% reduction in the penalty amount. Therefore, if your appeal is rejected, you will be required to pay the full fine. Additionally, in your appeal, you must provide new or distinct information not already documented by the reporting traffic officer. If the appeal favours the alleged offender, the DGT will dismiss the citation, and the penalty will be suspended. On the other hand, if your appeal is unsuccessful, you can pursue further appeals through the administrative division of the courts.
Which fines are not eligible for a cash discount?
The General Directorate of Traffic (DGT) specifies that certain types of penalties are not subject to discounts for prompt payment, as they are all categorised as very serious offences. One such violation is being caught with a radar jammer inside your vehicle, resulting in a fine of 6,000 euros and the loss of 6 licence points. Other fines that do not qualify for discounts include falsifying documentation, causing damage to road infrastructure, and failing to comply with the regulations established for industrial activities.
How do I pay my traffic fine?
In the event that your appeal is unsuccessful, you will need to pay the associated fine.
You can do this in a number of ways including:
- Online
- Face to face
- Telephone
- MiDGT phone app (Android - Apple)
See the following link for full details on ways to pay.
Note that you have 45 days to pay a fine. If you fail to do so, the fine will be sent to the State Tax Administration Agency who will collect it with an additional 20% surcharge added.
Find out more about paying traffic fines in Spain.
This article was brought to you by HealthPlan, the expat health insurance experts.
