From May 1 driving without a proper licence could land you behind bars


Drivers who take to the roads without the appropriate licence now face immediate detention and up to six months in jail. New legislation, in force from May 1, substantially increases the penalties which courts can impose for the offence.
Tráfico estimates there are around a thousand unlicensed drivers in the province of Málaga, and until now the maximum punishment for those caught has been a fine and possibly the immobilisation of their vehicle. This has now changed, with Guardia Civil and local police officers instructed to detain anyone who cannot produce the correct document. Sanctions now include imprisonment for three to six months, or a fine and 30 to 90 days of community service.
Tráfico has already written to those who have been caught driving without a licence during the past year, warning of the pending change in the legislation. This was part of a larger package of amendments which came into force at the end of last year - making criminal offences of serious traffic infractions such as excessive alcohol levels, flagrant speeding and dangerous recklessness - but the piece related to driving without a licence was temporarily held back to give drivers a chance to correct their situation. That period has now ended and police patrols are expected to be out in strength over this holiday weekend.

No arrests for EU licence holders
The order to detain drivers immediately also applies to those who do not possess the appropriate licence for the vehicle being driven - for example, a car driver with a licence which only permits the driving of motorcycles. However, it does not apply to those found to be driving on a licence after losing all their penalty points or to those who cannot produce their licences on demand. Neither does it apply to those driving on a licence issued by another EU country which has expired or which is not backed up by a medical certificate. Similarly, the detention order will not be served on drivers holding non-EU licences, provided that they are still within six months of having arrived in Spain.

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