SPAIN WONT CHANGE MY UK DRIVING LICENCE FOR A SPANISH ONE

[Rainbow]

I have a valid UK eu photo style driving licence totally clean. I want to change it for a Spanish licence but they wont let me. I have been trying for a few months now and have even had someone with very good contacts in traffice (Cadiz) try for me with no luck. The reason they say they wont change it is because I registered as resident in Sept. 2003 but didnt actually come to live here until Dec. 2003. We did this because the schools wouldnt let us enrol the children in school until we had residencia. I then passed my driving test in the UK in Nov. 2003. Now trafico wont give me a Spanish licence because they say the law states that if you are resident in Spain and then go and pass your driving test in another country you can never have a Spanish licence. They have told me the only way I can have one is if I learn to drive again in Spain and do a Spanish test. I dont see why I should go through the stress of this and the expense when I already have a valid licence. They wont show me this law in writing that they keep going on about and say it is my responsibility to find it if I want to see it Has anyone else ever come across this situation because all they say to me is NO, NO, NO, final answer. Help.

[julian]

how about trying at a different trafico office?

[TerryC]

This is petty burocracy gone mad, have a look at my thread below about the Trafico accepting my UK licence but not my motorcycle pass on the Isle of man. I think it might be a good idea to try another Trafico Office othewrwise have a look at the DGT website and see if there is something on there you can fight this with.

The very very best of luck, let us know how it goes.

[Beachcomber]

There is nothing about this on the DGT web site. I will try to find the actual law on driving licences to see if it is addressed.

[julian]

I´ve been looking through some websites, and there seems to be a problem to do this, here for example is a question from someone in a similar position to yourself asking if he can change his licence which he got in another country just 2 weeks ago and wants to change it for a spanish one, (and he is resident in spain since 3 years ago)....someone replies that it is not possible...it seems it may be to stop residents in spain getting (buying?) a licence in another country where it is cheaper and easier to get (there are some countries where the test may be easier for example)and then changing it directly to a spanish licence.


hola mi pregunta es la siguiente me saque el carnet de conducir de bolivia hase dos semanas pero yo ya tengo papeles de españa hace 3 años puedo canjear mi carnet de conducir?
Responder cristian david dice: Febrero 5, 2010 a las 9:58 pm negativo carlos ya no puedes hacerlo, si quieres sacarte tu carnet de conducir tendras que ir a la autoescuela

[jhonie99]

Seems fairly straight forward to me!

From what you have said (dates), you have illegally obtained a UK licence (November), as you were already officially resident in Spain (September). to get UK licence you must be resident in UK.

So why should trafico accept a fraudulent licence from you!

[princess peach]

I would say jhonie99 is completely correct.If i were you rainbow i wouldnt look into it any further,otherwise you might find yourself getting into more trouble than you realise.

[Rainbow]

As I said I registered as resident in the Sept. we were told to do this as we would be coming to live there in the Dec. and needed it for schools etc. As for my Uk licence been fraudulent what a load of rubbish I owned a house in the UK worked full time in the UK paid taxes in the UK, children went to school in the UK so how is that not living in the UK and obtaining a licence illegally. The person who passed me also knew that I was going to live in Spain in the Dec. and had no problem with that. I went to main police station for Cadiz this week to speak with them about my residencia even they said that at that time they were telling people to register before they actually moved here because it was taking several months to obtain residency. Only helpful replies.

[Jool]

Sorry but it seems you have your answer but you don´t like it as it is taking the law literally as it is meant instead of the flexible way it was presented to you which did used to happen.........legally in spanish eyes (as you had registered here as a resident) you were resident here when you went away and did your driving test in another country - Spain has lots of little trade restriction rules like this to keep money in Spain........

If you keep rattling official dom they will get fed up with you and tell you that you lied to obtain school entry etc and you could find yourself up against it, my advice is keep your perfectly legal UK licence, your "crime" was to seek to be officially resident in 2 countries. However if they are saying your UK licence is not valid in Spain then you do have a problem in terms of obtaining insurance.

You are legally allowed to keep your UK licence here if it is recognised as ok, just make sure you have the medical done in line with spanish regulations for spanish licences and you should not have any problems......

[TerryC]

My wife and I offer you our simpathy. We come here and try to do everything legally but petty barriers are put up for NO GOOD REASON. If you have a valid licence to drive an any country of the EU then you should be able to drive in Spain or any EU country regardless of where and when you took your test. This is protectionismn, plain and simple, totally against what the EU is supposed to be about.

Perhaps you should go and see a lawyer that specialises in Traffic regulations.

[Rainbow]

Thank you for your reply Terry C I can see you probably understand what I am saying.

I only ever did what I was advised to by the Spanish authorities at the time I wasnt trying to do anything illegal so why do some people try and make out that I was trying to do something underhand.

Perhaps I should have done what many expats do here e.g. dont ever register as resident, never even try to get a Spanish licence just drive around in UK registered cars with your passport and say you are on holiday if stopped, work cash in hand and never pay taxes to Spain. Yes we do work and pay our taxes here in Spain.

Why is it that there are always people who will knock you and make you out to be a criminal when you are trying to do everything legally.

[Jool]

You had my sympathies before until you made this statement

Why is it that there are always people who will knock you and make you out to be a criminal when you are trying to do everything legally

Who has accused you of being a criminal? No one, but as you mention it then it could be said that you did knowingly make a false statement on legal documentation to gain personal benefit didn´t you as written in your own post? That is how spanish legal eyes will see you as alluded to in my post.........so take legal advice from someone well versed in spanish and EU traffic law and let us know if you find anyone good!

[julian]

"I only ever did what I was advised to by the Spanish authorities at the time"
exactly which spanish authority told you to do what at the time?

[Jool]

Rainbow I am not sure you quite understand the difficulty, you may have told people and they may have known what you were doing but you signed documents saying something different. As these are the only official record then this is what you are up against.......

[Rainbow]

Firstly I am sorry didnt mean to upset anybody but this situation is so frustrating. Like I said I only registered for residency so I could put the childrens names down at the school ready for when we moved out. The head teacher wouldnt put their names down without some kind of commitment from us. I went to the foreigners office in Cadiz this week to speak with someone about this. The person I spoke to said at the time it was quite normal to register for residency before you actually moved here as at the time it was taking quite a few months to go through. I asked her if I had done something really wrong and unlawful and should I be worried she told me it was no problem but unfortunately doesnt solve my licence problem. Like I said I didnt set out to deceive anyone unfortunately I am now in a situation that looks just like I did.

Perhaps I will have to start saving up and do my Spanish driving test.

[gerryh]

Rainbow
You seem to have been caught up in a difficult situation.
From the advice you where given you thought you were doing the right thing.
Unfortunetly the advisor didn't know you where going to take your driving test in the UK.
So you appeared to have fallen fool of the law.
Nobody is suggesting that you are deliberately trying to flout the law.
Cheers
Gerry

[julian]

I think taking your test here is your best bet, as you are fighting against the rules, and I don´t think trafico will bend the rules to suit the head teacher, who isn´t really "spanish authorities"

[markwilding]

I have some questions
Is it not possible to be resident of both countries at the same time? depending how many days you spend in that country in one year.
What happens if you spend 6 months in each country?

[Beachcomber]

It is actually 183 days and as here are only 365 days in a year that would be impossible. The question that has never been satisfactorily answered is what happens if you spend time in three or more countries and never spend more than 183 days in any of them?

[markwilding]

Could the case be argued then that he wasn't a resident because he wasn't living here, even though he had registered. At what point do you stop becoming a resident?