Drivers fined by the General Directorate of Traffic (DGT) have a voluntary period of up to 20 calendar days from receipt of the notification to pay or appeal if they are not satisfied with the sanction , but the offender can also lose the points on his license. . If it is concluded that the sanctioned person cannot drive, he or she will have to present his or her license at any traffic headquarters or office.

The person sanctioned with the withdrawal of his license must complete a period of six months without driving, three months if he is a professional. After this period, you will have to take and pass a road awareness and re-education course, then take a theoretical Traffic exam on the course taken and, once approved, apply for a new license with an updated balance of eight points. .

On many occasions, the penalized driver attempts to avoid the loss of points by identifying another driver of the vehicle. On several second-hand buying and selling sites, you will find advertisements from individuals selling their driving license points offering up to 250 euros each.

The driver’s fraudulent accreditation reached the Supreme Court (access its contents here) and ended with the conviction of the vehicle owner for altering the identity document of the sanctioned person, the latter having been deliberately created with the aim of proving to the DGT a non-existent legal situation.

The events occurred in 2015, when a company vehicle jumped a speed camera in Ponferrada at a speed higher than permitted. The financial sanction which resulted in the loss of two points on the driving license was received at the professional address of the driver who identified in the complaint form his father, aged 82, with whom he did not have any contact. good personal relationships. The businessman paid the fine but the points on his license were lost to his father who reported the facts.

The businessman was sentenced by the Provincial Court of León to nine months in prison and 15,000 euros fine and filed an appeal before the Supreme Court due to conflicting case law from several hearings. The recent judgment of the High Court, presided over by Judge Carmen Lamela, concludes that this action is an offense of documentary falsification where the attempt of the sanctioned person to “mutate reality”, that this falsity falls on essential elements of the document and with sufficient entity to affect the normal effects of legal relations and, finally, the contribution of “conscience and the will to transmute the truth” on the part of the sanctioned person.

The magistrates believe that the accused “did not tell the truth” in responding to the request made by the Administration to identify the driver of the sanctioned vehicle. Furthermore, he knew that this statement was not true, “since it was he and not his father who was driving the vehicle at the time of the sanction.” It is obvious that such an action caused direct harm to the one who identified himself, his father, with the aim of avoiding the loss of points on his driving license, but not the payment of the fine.

Ideological and material lie

The Supreme Court’s decision distinguishes between material lies and ideological lies. Although the document submitted for examination by the magistrates is materially authentic since it is a form provided by the Administration, it cannot however be considered legitimate in its content since does not respond to any realitywhich means that “the document in its entirety constitutes an error”.

The fined driver alleged in his appeal that his actions constituted ideological falsity – lack of truth in the account of events – in an official document, a fact which is not included in the Penal Code when it is committed by individuals.

However, the magistrates reject this argument because “we are not faced with an alteration of the veracity of some of the points stated in the document, but rather with a editing the document itselfbecause this was deliberately created with the aim of proving a non-existent legal situation regarding road traffic.

Furthermore, the behavior of the person sanctioned by falsifying reality is “of a nature sufficient to affect the normal effects of legal relations” and caused direct harm to his father, identified as a driver, by deducting two points from his driving license .

Obligations of the owner

The consolidated text of the law on traffic, circulation of motor vehicles and road safety establishes in its art. 11 that the owner of a vehicle has the obligation to provide the Administration with the identification of the driver of the vehicle at the time of committing an offense.

The owner must provide the driver’s license or driver’s license number of the sanctioned person in order to identify him or her in the Register of Drivers and Offenders of the autonomous body of the Central Traffic Directorate.

If the driver is not registered in this register, the owner must have a copy of the administrative authorization which allows him to drive in Spain and provide it to the Administration upon request.

If the owner is a driverless vehicle rental company, the copy of the administrative authorization may be replaced by the copy of the rental contract.

Finally, the vehicle owner and regular driver must prevent the car from being driven by anyone who has never obtained the corresponding license or driving license.

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