DGT: The new traffic laws and when they will come into force

The new modifications in traffic laws have been published, giving a date of when they will come into effect.

The new modifications in traffic laws have been published today, December 21, in The Official State Gazette (BOE,) giving a date of when they will come into effect.

This means the modifications will come into effect in three months, except for the changes that will affect articles 75, 98, 99, 100, 101 and annexes V, VI and VII, which will come into force tomorrow, the rest will not do so until next March 21.

After six months of parliamentary processing, the new rule was approved on December 3.

• Distractions

Increase from 3 to 6 the points to be deducted for using mobile phone devices while driving, and a fine of €200.

• Seat belt and protection elements

Increase from 3 to 4 the points to be deducted for not using a seat belt, or not doing it properly, child restraint systems, helmets and other mandatory protection elements. The same penalty of €200 euros is maintained.

• More safety for cyclists

Cyclists’ safety is increased by making it mandatory, on roads with more than one lane in each direction, to change lanes when overtaking cyclists or mopeds. In addition, the points to be deducted are increased from 4 to 6 when overtaking endangering or hindering cyclists without leaving the mandatory minimum separation of 1.5m, maintaining the amount of €200. Stopping or parking on bike lanes or cycle paths is also prohibited.

• Objects on the road

Increase from 4 to 6 the points to be deducted for throwing objects on the road or in its vicinity that can cause accidents or fires.

• Unification of the period to recover the card points

2 years without committing infractions is the period that has to elapse for a driver to recover his initial balance of points. Until the approval of the reform of the Law, this period varied depending on the seriousness of the offence committed.

• Safe and efficient Driving Courses

2 points can be recovered for taking courses on safe and efficient driving. A Ministerial order will develop the necessary requirements and the conditions that must be met.

• Minors and alcohol and drugs

Underage drivers of any vehicle (mopeds, AM permit, motorcycles up to 125cc, bicycles and personal mobility vehicles) may not circulate with an alcohol level greater than 0, both in blood and in exhaled air.

• Anti-start breathalyser (Alcoholock)

Mandatory for road passenger transport vehicles that register as of July 6, 2022. These vehicles are required to have an interface installed for the installation of these devices. This is a measure demanded by the road passenger transport sector.

• Overtaking

The possibility that cars and motorcycles could exceed the speed limits by 20 km/h on conventional roads when they overtake other vehicles is eliminated.

• Other changes

Motorists. The use of certified or approved wireless devices is authorised for use in the protective helmet of motorcycle and moped drivers, for communication or navigation purposes, provided that it does not affect driving safety.

Restrictions in Low Emission Zones. A new serious offence is introduced, with a €200 fine for not respecting the traffic restrictions derived from the application of the protocols in the event of pollution episodes and in low-emission areas.

Copy in the exams to obtain a driving license. It is introduced, as an infraction with a €500 penalty, to use intercommunication devices not authorised by regulation in the tests to obtain and recover driving permits or licenses or other administrative authorisations to drive or collaborate or assist with the use of said devices. In addition, the applicant will not be able to take the test again to obtain the permit for a period of 6 months.

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