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About DEV (Dirección electrónica vial)

1. What is the DEV (Dirección electrónica vial)?

The DEV is the communication reception channel of fines coming from organisations affiliated to the notification system. It replaces other methods of receiving fines, such as certified mail or BOE (boletín Oficial del Estado)

2. How can I get a DEV?

Since 25 Novemer 2010, you can have a Dirección Electrónica Vial (DEV), as a virtual office for the receipt of notifications according to provisions made in article 59bis of the Road Traffic and Safety Law. You can apply for the DEV and create it quickly and easily, through the DGT’s website www.dgt.es, where there is also lots of information on the topic. A Certificado Digital recognised by the state will be required or, failing that, an electronic DNI.

3. What is sent through the DEV?

Having the DEV means that as the owner, you will receive traffic fines and other communications from the state and its Public Bodies (fines, renewal of driving licenses and shortly ITV (Inspección Técnica de Vehículos)), online or via the email address(es) designated for that purpose. The owner of the DEV is from the moment of its creation, responsible for all management and proceedings of everything in the DEV as well as the opening, reading and signing of all received notifications within 10 calendar days. It is important to remember that Tráfico allows you to use up to three different email addresses in the DEV that can be updated as required.

4. Which organisations send notifications through the DEV?

Currently, the Jefaturas Provinciales de Tráfico, los grandes Ayuntamientos, el Gobierno Vasco, el Servei Catalá de Transit, el Ayuntamiento de Barcelona and el Organisme de Gestió Tributaria de Barcelona are all using this notifcation system. It is important to keep in mind that these bodies have their own notification applications through the DEV, which means that the DGT and the aforementioned bodies have their own server which notifies them of their fines and those of other Ayuntamientos.

The organisations not affiliated with the DEV, mainly small municipalities, are progressively and gradually signing up to this system. During such time that not all municipalities are members, it is important to take into account that the notifications coming from these organisations not affiliated with the DEV will be received by certified mail or will be published in the BOE.

5. Is the DEV compulsary?

The DEV will be compulsary for legal entities and optional for individuals. Each person, regardless of the number of vehicles that he owns or leases, will have a unique DEV, provided that it is linked to his CIF or DNI.

6. How much time do I have to access the fines that arrive through the DEV?

The fines reported through the DEV will remain in the email inbox for a mínimum of 10 calendar days, including Sundays and bank holiays. During those 10 days, you can access the fines, and either not take any action or reject the reported fine. In all cases, once those 10 days have elapsed since the fine was communicated by the DEV, it is deemed to have been received for all intents and purposes. WIthin these 10 days you can such as identify the driver, make allegations or appeal the fine as necessary, among other things.

7. Is the DEV permanent for the applicant?

Individual people can unsubscribe from the DEV at any time, while legal entities have a lifelong subsription. From the moment that they buy or rent a vehicle, they cannot unsubscribe.

About Transport

1. How are profesional drivers’ rest and holiday days accounted for?

Not accounting for these days could incur fines of 1,001 to 2000 euros.

Holidays are accounted for by using the “Certificado de Actividades” or Leave Letter which is a document that justifies the lack of data that “on objective grounds” is missing from the tachograph. (hasn’t been written on the tachograph?)

This document must always be kept on board the vehicle”.

2. If the driving time or the rest time are exceeded, who receives the fine, the driver or the business?

The penalties for exceeding driving or rest times revert to the carrier, namely the owner of the transport permit, not to the driver and these penalties don’t include loss of points, as the Legislación de Transportes states.

Annex II of the Ley de Tráfico has foreseen a specific scenario that does entail loss of points for those drivers whose involvement in the installation or setting up of the tachograph is necessary and could alter the usual use of it.

3. How many tachograph discs must accompany the driver?

When an agent stops us, if we have a digital tachograph, he will ask for our driver’s licence and will check work days and rest times.

If our tachograph is analogue, he will ask to have the tachograph discos within 28 calendar days from the day which he stopped us.

4. When is a transport card necessary?

Regarding this question, it’s important to make two distinctions.

A) If you deal with the transport of your own goods, also called private and your vehicle has an MMA equal to or less than 3,500 kg, you don’t need a transport card. However, if you vehicle is heavier than 3,500 kg in MMA, the card is mandatory in all cases.

B) If your business provides a public service, you will need to have in all cases a transport card, when the MMA of the vehicle is above 2 tonnes.

5. Are the tachograph discs the truck’s or the driver’s?

The discs are the drivers’ and they must be carried by the driver, never with the vehicle, given that the same vehicle can be driven in the same working day by several drivers or one driver can drive various vehicles in the same working day.

6. What consequenes does loss of points have to the driver?

In case of lost points, we can consider two situations:

Partial loss of points balance, which doesn’t prevent or limit the owner of the driver’s licence from continuing to drive, and there are two ways of retrieving points.

  1. a) Do a course on partial recuperation of points.
  2. b) Not being concretely fined administratively for infractions that lead to a loss of points for 2 years. This 2 year term increases to 3 years in the event that any of the infractions that resulted in a loss of points is very serious. In both scenarios the recoverable amount is 12 points.

Total loss of points balance, wich will mean the loss of validity of the driver’s licence and, logically, will a ban from driving for a determined period of time. Revalidating the licence and therefore the abilty to drive will be subject to two circumstances.

  1. a) At the end of the time period of the penalty. This time period, will be 6 months, except for profesional drivers for whom it will be 3 months. According to the Ley de Tráfico y Seguridad Vial, Disposición Adicional Tercera, this means any professional driver fitted with the corresponding administrative authorisation to drive, whose principal working activity is the driving of motor vehicles dedicated to the transport of cargo or people, … Meanwhile, the time period of the penalty increases to 12 months and 6 months for profesional drivers, if the aforementioned are repeat incidents and in the last three previous years the points balance has expired.’
  1. b) The completion of a course on the total recuperation of points.

The Traffic and Road Safety Law also anticipates/foresees, situations through which it is possible to see an increased amount of points on the part of those drivers that have not suffered a drawdown of points and that retain their initial amount of points intact, in this way article 60.5 of the cited norm considers the possibility that drivers who started from a balance of 8 points (novices with no more than 3 years and those that may have lost their driving licence in any occasion due to a loss of points) recover a total of 12 if in 2 years they have not been concretely fined for infractions that suppose a loss of points, and those that started with an amount of 12 points recover a total of 15 points by receiving a bonus of up to 3 points in the following 6 years.

 

7. What is the maximum number of points that I can lose in a day?

You can only lose a máximum of 8 points in a day, but if the committed offences apply to the clauses a) to h) of article 65.5 of the Ley de Tráfico, you could lose the sum of the points that the penalties add up to.

 

8. How can I control points on my driver’s licence?

Using a Pyramid Consulting process called ¿Tienes Puntos? which guarantees to favour drivers by offering continuous information on any change to their driving licence points. With their DNI and DGT password, each change will immediately be made known so that the points balance is less of a problem.

About traffic

1. Are margins of error applied to fines?

The margin of error of the speed cameras must be applied to all speeding fines. Even so, we must value the application or not of the error margin that the law establishes, meaning that from the speed that appears on the photograph (real speed) the established percentage would be subtracted for each radar for which the result of said operation is the sanctioned speed and they will not be able to find you for the speed that appears on the photograph because then they wouldn’t have applied the error margin and they will be fining you in an unfair way.

2. Can they fine me for carrying untied cargo in a passenger car?

The cargo in the vehicle must be completely tied up so as to avoid falls and overhangs and to avoid it causing annoyances or accidents to other road users. The driver will be responsible for taking care that the vehicle is in its correct position and for making sure that the passengers maintain the correct position as well as for the appropriate positioning of transported animals and objects.

3. Who can drive on the Bus-VAO lane?

This is regulated under article 35 of the Reglamento General de Circulación, which states that the BUS-VAO lane is a lane for heavy goods vehicles meaning those vehicles used exclusively as passenger transport whose maximum authorised weight does not exceed 3,500 kilograms and are occupied by the number of people that is governed by each individual section of the road network.

  • Multipurpose, adaptable vehicles (vans or jeeps meant for transport of cargo and which can be converted to transport people through the temporary or permanent addition of seats) can use the route if they are used principally to transport people and this condition explicitly figures in its technical classification.
  • Disabled vehicles can use the route when they are occupied only by drivers, provided that they are marked as such with the V-15 sign that must be on show both on the front and the back of the vehicle.
  • Buses weighing more than 3,500 kilos and articulated buses can use the route regardless of the number of passengers if it is shown on the road signs.
  • Priority vehicles: All pólice cars, firetrucks, civil service and health care as well as road infrastructure and maintenance vehicles can use the BUS-VAO lane.

Electronic vehicles.

  • Finally the clearance or reservation of one or more traffic lanes for the movement of VAO (heavy goods vehicles) can be permanent or temporary with either a fixed timetable or acording to the state of the traffic as the specific legislation states.”
4. Can they fine me various times for the same offence?

No, in no circumstance is an administrative fine valid if carried out by the same driver for the same offence. This matter is based on the legal doctrine named “delito continuado” (continuing offence.

To clarify, a claim is valid when it involves the same violation but committed in different times or places.

5. If your driver’s licence is stolen, can you drive with just your DNI?

When you drive it is mandatory to carry, among other documents, your original driver’s licence or a certified copy of it: it is not enough to carry just your DNI as it only accredits the identity of the carrier and not their driving ability.

Under the article 59 for the Road Safety Law, Normas generales sobre autorizaciones administrativas, “The driver of the vehicle is required to be in possession of and carry on their person their valid permit or driving licence, as well as their registration certificate and a certificate or card proving roadworthiness, and they must be produced at the request of any agent of authority, in accordance with regulations.

Therefore, to avoid any kind of annoyance or expense for the loss or theft of the permit, you can request a certified copy and leave the original in a secure place.

In the case of robbery, we require a DUPLICATE COPY OF THE DRIVER’S LICENCE.

In the event of a theft, we must request a copy of your driver’s license.

The Provincial and Local Traffic Departments, upon request of the holders of a valid driving licence, will issue copies in the case of a theft, loss or damage to the original. The necessary documents to obtain a copy of the driver’s licence are the following:

  • Official application form that can be found on this website (found under ‘Modelo’) or in the Provincial and Local Traffic Departments.
  • National ID card, Passport or valid residence card.
  • A 32 x 26 mm, up-to-date color photograph (if your licence is issued in paper format. If your licence is issued as a plastic card, it is not necessary to provide photographs.)
  • Pay the corresponding fee.
6. What is mean by light, serious or very serious offence?

It is the law that governs the classification of the different conducts of infringement that may apply. The fundamental difference between them are the varying timeframes that the Administration takes to notify you of them (three months for light offences, and 6 months for serious or very serious offences) and the different penalty that goes with it. In general terms, given that they could be increased, light fines carry a penalty payment of up to 100 euros. Heavy fines carry a penalty payment of up to 200 euros and very heavy fines, a penalty payment of 500 euros. It is possible that serious and very serious offences may also involve loss of points.

7. What is the máximum amount of alcohol permitted to be consumed by a driver?

The general rule is that neither drivers nor cyclists can drive if their blood alcohol level is greater than 0.5 grams pers litre, or the level of alcohol in exhaled air is greater than 0.25 milligrams per litre.

On the other hand, novice drivers cannot exceed 0.3 grams of blood alcohol level or 0.15 milligrams in exhaled air per litre.

Finally, regarding cargo vehicles with a maximum allowed weight greater than 3,500 kilograms, passenger vehicles with more than nine seats, either in the public service, transport for schools or minors, or dangerous goods, or the emergency department or special transport, the drivers cannot drive with a blood alcohol level greater than 0.3 grams per litre or alcohol in exhaled air greater than 0.15 miligrams per litre.

8. Are committed offences recorded in any register?

Yes, the serious and very serious penalties will be recorded in the “Registro de Conductores e Infractores”, as well as the prison sentences for driving disqualiifcation due to road safety crimes or offences. The file will be kept on record for 3 years.

About vehicles

1. Can I sell my vehicle if I have unpaid fines?

The new Road Safety Law, prohibits the sale of vehicles for both driving licence holders and for registration certificate holders. In both cases, the sale of the vehicle is prohibited when four firm sanctions appear as being unpaid in the driver’s or the vehicle’s history, meaning those sanctions which cannot be appealed and that are graded as serious or very serious.

2. What happens if I park my vehicle without badges in a disabled space?

If you park your car in a disabled space, as well as bearing the cost of a serious penalty, 200 euros, the new Road Safety Law alllows for the removal of the vehicle from the public road and placement in the right place.

3. In what situations can an agent immobilise a vehicle?

The current Road Safety Law states that an agent of authority may clamp a vehicle for various reasons, one of those being not having the mandatory insurance. Other reasons include the driver and the passenger not wearing helmet, the vehicle not having a registration certificate, faults in the vehicle that pose a risk for road safety, exceeding maximum driving time, or the overcrowding of the vehicle, among others.  The expenses that originate as a consequence of the removal of a vehicle will be under the responsibility of the holder, the leaseholder or the main driver, as the case may be, and he must pay them in order for the return of the vehicle, without prejudice to the right to appeal that applies to him and without prejudice to the possibility of transferring the costs to the person reponsible for the accident, for the neglect of the vehicle or for the offence that has taken place at the time of removal.

4. How is a driver fined for not registering a vehicle?

The new Road Safety Law states that every holder must identity the person resposable for the offence committed, and in the event of not doing so or doing so wrongly, the penalty for non-compliance will be graded according to the original penalty, meaning that if the original penalty is light, the non-compliance will be double the original. In the case of serious or very serious original penalties, the non-compliance penalty will be triple the original penalty.

5. What documents does the driver have to carry on board the vehicle?

As well previously stated, the new Road Safety Law clearly states that every drive must carry on board the vehicle his driving licence, his registration certificate and a certificate or card of roadworthiness. Also, it states the obligation to produce them at the request of any agent of authority. It is also advisable that, to avoid possible fines, that a bank receipt is carried that proves the payment and validity of the vehicle insurance.

6. How is the write off of a vehicle that has outstanding traffic fines managed?

According to article 87 of the L.S.V., the owner of the vehicle will not be able to deal with any matter if four firm sanctions were unpaid in the history of the driver’s or the vehicle’s history, meaning those sanctions that cannot be appealed and that are graded as serious or very serious.

7. Can they fine me if I drive a vehicle in poor condition?

The Road Safety Law states that the ownr of the vehicle or the leaseholder is accountable for offences relating to the breach of technical conditions and rules on the technical inspection of vehicles. Meanwhile, it distinguishes between two types of offences, one qualified as serious, with a 200 euro penalty and another qualified as very serious that carries a 500 euro fines, when the breach of the technical conditions severely impair road safety.

About our services

1. ¿Cómo se recomienda actuar ante una multa de tráfico?

If you receive a fine, the first thing that we have to decide is whether to appeal it or pay the penalty with a discount because if a decision is not made, the penalty becomes concrete and it woud be enforceable by the Tax Agency in the case of a penalty payment and by the DGT in the case of lost points.

To be sure of how to act if you receive a fine, various factors must be evaluated because not only are there circumstantial reasons to appeal a fine, but also formal reasons such as limitations, expiration, lack of essential data on the notifications, etc.

On the other hand, those penalties that incur a loss of points must not be forgotten as it could be of interest that such a sanction is not immediately indisputable if we are waiting on points to be returned from previous penalties.

To conclude, it must be noted that each penalty must be evaluated individually and in accordance with the circumstances of each individual driver.

2. What services does Pyramid COnsulting offer?

Pyramid Consulting offers to its clients: management by expert lawyers, reduction of costs, training and legal explanations, information on legislative changes, guaranteed legal judgement, personalised care, detailed case study, tracking of fines for their management, as well as avoiding administrative procedures for clients.

Pyramid Consulting can also make a specialised assessment of certain files already opened in other European Union countries.

Ultimately, we guarantee the defence of your rights in all possible circumstances.

3. To appeal a fine, how can I purchase a service?

Our services can be purchased through our webpage with a 10% discount or call our customer service line on 91 523 23 15 to receive a more tailored service.

Our services are personalised and designed according to the client. If you need a quote or more information, call us on 902 333 505.

If your driving licence is revoked or a breathaliser…. or a serious offence, a first consultation will be free in our offices.

Madrid: C/ Gran Vía nº.22 D, 3º Dcha. 28013. tel.: 91.523.23.15

Barcelona: Passeig Sant Joan 32, entresuelo 4 08010. tel.: 93.327.89.29”.

4. What is Fine Management?

Gestión Multas is an online tool for the management of penalties in the most convenient way so that with just a couple of simple steps your traffic fines can be uploaded. You can even monitor their status while having an ongoing and personalised conversation with our legal professionals.

A tool for making the whole process that ensues from a penalty completely understable and clear, where users themselves are in charge of the various steps and the subsequent phases that make up the whole process.

A very useful system as much for individual vehicles as for fleets that is based on the ‘Identification of drivers’, to offer the greatest certainty that the data is correct and that the data corresponds with that of the main driver

 With this online tool you have maximum control over the status of your fines, offering information, statistics, and the option to upload your own fines, as well as identification of drivers by face to achieve the highest standards and precision so that all stages are completed on time and consequently success in the whole process.

5. What is the cost of the service for appealing a fine?

The cost of our services is 53,15 € a year (VAT not included). This cost includes all the fines you could have, regardless of the organisation or administration that imposes it.

Our services include:

  • The draftingand presentation of appeals for the defence of drivers without a limit to the number of files per car in reference…[?]
  • Includes the administrative and executive processing.
  • Tracking of bulletins
  • Web page Access.
  • Advice online and by phone.
  • Professional opinions on existing legislation.
  • Information via email on industry news, legal among others.
  • Recurrimos todo tipo de multas: velocidad, alcoholemias, zona ORA, etc. We appeal any type of fine: speeding, alcohol, parking, etc.
  • We allow previous fines.
6. What is the time limit to appeal a fine?

The timeframes vary according to the stage of the process and on the notifications that we have received. The most frequent is 15 to 20 calendar days to present written allegations, depending on the sanctioning organisation, and the timeframe of a month to appeal procedures, independently of whether it be a motion to appeal or a reversal. In any case, the timeframe starts to count from the day after the date of receipt of the appealed fine.

7. How can I be kept up to date on the state of my business?

Our Legal Department for Fines Management acts as a mere intermediary given that the notifications are addressed to you, and as an interested party you will receive the resolution to the allegations and appeals made in your name. For your information and peace of mind, we make use of the Gestión de Multas service where each client can see the state of their fines with just a click at any moment. Also a web service is available which, with a personal and non-transferable password that our Information Department will help you with, you will easily be able to download a copy of your appeal with a justification of the filing date. What is more, when you see it convenient and necessary, we have a team of lawyers who will give you the telephone customer service that you require on 91 523 23 15 or 902 333 505.

8. What must I do if I don’t agree with a traffic fine?

If you disagree with a fine that you have received, what you can and in fact must do is to appeal it by submitting allegations or an appeal as appropriate, within the timeframe given in the notice. Then, the legal team at Pyramid Consulting will very carefully carry out a detailed analysis of all the questions that could be asked

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