No ITV without Insurance and no Insurance without ITV!
Watch out not to fall on this ‘Catch 22’ situation with the New Spanish Traffic Law
(article published in Canarian Weekly 18th September 2009)
Author: Susana Dias
Within a couple of months Spanish Traffic laws will become tougher: according to the government the idea is to raise road safety levels and to make it easier for those drivers who want to pay fines quickly and make it much more difficult for those who usually try and avoid paying fines.
The reforms include proposals for many changes to the law including the express payment of fines (15 days) in order to get a 50% discount . The new laws also make it possible to immobilize any vehicle that is circulating without insurance.
ITV /Insurance dilemma
In addition, drivers will not be able to take their car to pass the ITV (equivalent to MOT) if their insurance payments are not up to date. As in the UK, in Spain it is a compulsory requirement for any person who uses, causes or permits a vehicle to be used on a road or other public place, to have correct and valid insurance against third party risks. Use of a vehicle includes parking it or leaving it unattended on a road (so it does not have to be driven) or allowing another person to use it.
With the new reform the authorized centres of Technical Inspection of Vehicles (ITV) will have to verify that the vehicle is in possession of the obligatory insurance in order to release the certificate. The ITV will have access to the FIVA files where the data of the insured License Plates appear.
I have seen in countless occasions how owners of vehicles ask for an insurance to be able to take the car to the ITV. The immense majority of companies reject these policies because a vehicle cannot be insured without passing the inspection.
Until now the non orthodox solution was to take the car to the ITV using a tow car, pass the inspection, and then with the ITV stamp, get the insurance. But now, with the new reform the ITV will not approve the inspection of your car if you don’t have the mandatory Public Liability insurance paid and the Insurance companies will not give you insurance without a valid ITV stamp. This may look like a classic ‘catch 22’ situation, but you don’t have to fall into this dilemma if you take care that your insurance policy never runs out.
Stricter Sanctions
The reform brings a new and stricter list of sanctions for which points are deducted from driving licenses - for example for carrying radar inhibitors. The margin of 10 kilometres per hour on speeding fines will be abolished under the proposed reforms and a fine of 100 euros will be given after going over the speed limit by just one kilometre. The rule allows a single notification, rather than the current three, and rewards for prompt payment of offenders with a 50% discount on the amount of fines from the current 30%. The financial amount of fines has also been fixed as part of the bill, with 100 euro fines for “minor” offences, 200 euros for “serious” offences and 500 euro for those classed as “very serious”, although the fines may be increased by up to 30% depending on the hazard created.
If the driver does not pay the fine within 15 days, the penalty shall be considered final and payable within one month. All money raised from fines will go straight back to road safety.
A driver with two severe penalties imposed may not renew or sell the vehicle and the agents may immobilize the car. For example, any driver who has two fines pending payment will not be able to do any transactions in the department of traffic for any vehicle that is registered under their name.
Use of radar detecting equipment is also covered by the bill, with considerably higher fines of up to 6.000 euros. In addition the reforms would make it possible to win back points lost on the driving license (up to 6 points every two years) if drivers are prepared to attend re-education courses.
Insurance for Temporary Withdrawal or Loss of Driving License
With the Spanish Traffic Laws becoming tougher, maybe it is a good idea to upgrade your car insurance with a special driving license cover which provides money to help towards alternative transport costs just when you need it, helping to keep you mobile, reducing the possibility of loss of income and allowing you to continue with your life.
Under this cover the Insurance Company pays a monthly benefit for a maximum of 3 months in the event of temporary withdrawal and for a maximum of 6 months in the event of loss of the driving licence under the penalty points system.
The temporary withdrawal or loss must be ordered by government decision and exclusively as a result of the recklessness, fault or negligence of the Insured. However, don’t think that this cover is like the goose that lays the golden egg: the payment of benefits for withdrawal or loss of driving licence won’t apply if the withdrawal was decreed by a court, when it is the consequence of wilful misconduct or road safety offences, among other exclusions.
For professional advice about Car Insurance contact Susana Dias at TVT SL – your exclusive Zurich Agency in Los Cristianos: 922 75 28 42 or through www.myspaininsurance.com
ITV Inside Out
The ITV (Inspección Técnica de Vehículos) is the roadworthiness test of a motor vehicle in Spain. ITV tests are compulsory and may only be undertaken by an authorised garage. The test exists to ensure that the vehicle is not a hazard on the road. It is compulsory for a vehicle in use to be roadworthy. All cars are first tested after four years and must be inspected and tested every two years thereafter until the age of 10. A car over 10 years of age must be tested annually. Motorcycles are first tested after four years, after which the test is due every two years. Commercial use vehicles must be tested every two years.
Contact the Author for more information or any doubt you might have