Passenger vehicle requirements

Introduction

The norms regulating the circulation of vehicles in Spain has been substantially modified by the Royal Decree 2822/98, of 23 December, published in the Official State Bulletin on 26 January,1999. This decree represented an effort to adapt the Spanish norms to take in the broad technical regulations established in the European Union Directives and in the annexes derived from the Homology Agreement, made in Geneva on 2 March, 1958, both of which aim to bring closer together the various sets of laws existing in the countries of the Community.

It must be said that it is beyond the scope of this present work to detail the great number of aspects (ownership, transmissions, requirements, technical conditions, registration, documentation etc.) that the above Law regulates. Many other notorious aspects are also omitted.

However, it is necessary to point out some specific aspects which, because of their novelty in Spanish Law or their importance to the majority of drivers, may be of interest for anyone visiting our country in their vehicle.

Similarly, we shall focus our report exclusively on that which affects passenger vehicles, disregarding the technical norms concerning other motor vehicles and machinery in general.

Nor shall we make consider very specific or exceptional situations (diplomatic plate vehicles, for example).

Summary of norms by sections

Registration.- After establishing the obligatory nature of registration for passenger vehicles, the Law allows this to be done in the name of the hirer or the leaseholder; certain cases are foreseen in which a new registration may be given to a vehicle which has already been registered (art.27); new norms are established on the characteristics of the number plates and publicity is allowed in a frame attached to the top of the plate.

Foreign vehicles registered in Member States of the Geneva Convention can circulate in Spain with a homologised plate bearing the registration number conferred in their country of origin.

Except in those cases where the initials of the country of the European Union to which they belong and their flag are inscribed in the registration plate, in accordance with the

Regulations, vehicles must also bear at the rear the distinctive symbol of the nationality of their registration, of homologised characteristics and dimensions.

It is forbidden to place or paint symbols or adornments on the number plates, and to attach unauthorised plates.

When the registration plate of a vehicle must be replaced (through loss, theft or damage) the new norms must be fulfilled.

Administrative Authorisation- Before vehicles can be driven on the roads, they must first obtain the corresponding administrative authorisation. Driving without this may lead to the immobilisation of the vehicle, as well as the corresponding sanction.

Vehicle Register- There exists in Spain a Vehicle Register, mainly for informative purposes (it does not accredit ownership), which is available to the public.

Alterations in the vehicle- No substantial repairs, or replacements of necessary elements, can be made in the vehicle without authorisation; nor can parts, elements or units be replaced by others which do not comply with the laws or do not correspond to the vehicle.

Trademarks.- The vehicle must bear, in a suitably identifiable manner, the number of the chassis number, the manufacturer’s nameplate and the initials which identify the engine type.

Trailer Attachment Elements- These must fulfil the technical requirements imposed by the regulations.

Lighting – All vehicles must dispose of the following lighting and optical signalling devices: headlights, dipped headlights, reverse lights, indicator lights with emergency signal, braking lights, rear number plate light, front parking light, rear parking light, rear fog light, vehicle dimensions plate light ( for vehicles more than 2.10 wide).

Any vehicle may also have: front fog lights, parking lights (for vehicles less than 6 metres long and 2 metres wide), inner lights, non-triangular warning lights or sidelights, open door signalling, only visible in this circumstance, dimension plate light (for width of over 1.80 metres), third braking light.

No other unauthorised lights may be installed in the vehicle.

Safety Belts – Safety belts are compulsory in the front and back seats of passenger vehicles and their use is compulsory in both city and intercity driving.

Fumes- The norms on fumes, contaminating gases and noise must be fulfilled, and any anomaly noted in the control elements must be resolved immediately. Otherwise, it may lead to the corresponding sanction.

Chains - When chains or another anti-skidding device are required due to circumstances on the road, they must be placed on at least one wheel on each side of the vehicle, unless these have special suitably homologised tyres.

Accessories, spare parts and tools- Passenger vehicles must carry, at least the following equipment:

A set of lights and tools to install them.

Two portable homologised devices (reflector triangles) indicating that the vehicle has broken down or that its load has fallen on the road.

A complete spare wheel or a wheel for temporary use, with the tools needed for changing it.

Compulsory documentation in vehicle- The driver of a vehicle must be in possession of and carry with him/her the following documents:

These documents must be originals or suitably stamped photocopies; the failure to produce the required documentation may lead to immobilisation of the vehicle and the corresponding sanction.

Tyres- All vehicles must be equipped with they tyres homologised for them, which must conserve the regulation inscriptions and must maintain a minimum tread depth (1.6mm).

Sanction- The driving of a vehicle on Spanish roads, without fulfilling the technical conditions required, may, when this implies a real threat to traffic, lead to the immobilisation of the vehicle and the corresponding sanction process.

Special Case- the vehicles registered before these norms came into force may circulate, respecting the technical conditions required for their registration or initial road traffic permit.

Date of Enforcement – The new Law came into force from 26 July,1999, except in the case of the reflector triangles, whose enforcement was postponed for a period of three months.