Responsibility

Who is responsible for the charges arising from a traffic offence?

Responsibility will always fall on the person who has committed the ofference particularly:

- The owner of the vehicle: He/she is responsible for offences regarding the vehicle documentation and its state of repair, mainly when these faults affect the safety conditions of the vehicle, and also for offences derived from non-compliance of periodical inspections (ITV - Technical Inspection Authority).

- The driver: The person responsible for a traffic offence is always the driver, who may or not be the owner of the vehicle. If the penalty for the offence is notified to the owner and there is no identification of the offender, the owner will have to state if he/she is the offender or if it is a third person; if he/she fails to do so, he/she can be found guilty as the perpitrator of a serious offence.

- The manufacturer: He/she is responsible both for the vehicle and for its components, and therefore, for the offences related to its manufacturing conditions which affect its safety, as well as for the manufacturing to comply with the approved types.

What kind of responsibility can be generated? The responsability derived from a traffic offence can be:

- Administrative: Offences are classified in minor, serious and very serious, and they can entail fines of 91€, from 91€ to 301€ and from 302€ to 602€ respectively, apart from the suspension or even the revocation of the driving licence.

- Criminal: Traffic offences can also result in criminal charges such as driving under the influence of alcoholic drinks from which civil responsibilities are in turn derived with the purpose of compensating for the damages caused.

Vehicle immobilization and confiscation

Traffic policemen can order the immobilization of a vehicle when:

- It causes a serious risk to traffic, people or goods, for example, when riding a motorcycle without helmet.

- If the driver refuses to undergo blood alcohol tests.

- If the vehicle circulates without the corresponding customary insurance.

On the other hand, authorities can order the removal of a vehicle and impound it in a place assigned for that purpose, in the following cases:

- When it represents a risk or provokes serious hazard to pedestrians, vehicles or public services; also if it can be assumed that it has been abandoned.

- In case of an accident which prevents the vehicle from going on.

-If it is immobilized because it shows defects.

- If once the vehicle is immobilized, its owner has not his/her principal residence in Spain and the offender refuses to pay the fine amount.

- If the vehicle is parked in a place fitted out by municipal authorities as a limited time parking area, without the authority which authorizes it (the time card) or when it is parked for more than double of the paid time according to the municipal ordinance.

-If a vehicle is parked in lines or roads reserved exclusively for circulation or service of certain users (taxi or bus lane).

-When it has to be immobilized and there is no proper place to immobilize it without holding up vehicles or pedestrians circulation.

The owner of the vehicle will have to pay the costs entailed in the removal of the vehicle to the compound, unless it has been moved to a compoud following a robbery or it has been used againts the owner's will. These costs vary depending on each city.

The owner will be able to claim these costs from the person responsible for the accident of offence which resulted in the removal of the vehicle.