Drivers who break the law will have more to contend with in the future than holes in their bank accounts. From now on, dangerous driving, be it going too fast, driving under the effects of alcohol or drugs, or driving without a proper licence, could result in both a heavy fine and a prison sentence. Certain changes in the Penal Code were approved recently in parliament, providing for prison sentences of between three and five years, large fines and loss of driving licences for long periods of time for those who break driving regulations that are now considered serious offences. The changes could result in more than 1,500 people in the province of Malaga going to prison each year, we are told in estimated figures based on data released recently by the Province Traffic Police.
This is the estimated number of people in the province who drive without driving licences (1,000) plus the number of people (500) who were fined last year for traffic offences that carry prison sentences from now on.
Validity of licence
Those who drive without valid driving licences - whether they have lost all their points on a valid licence, have never had a licence, have a licence from another country that has not been validated here or have had their licences seized by the courts - will have a little longer to consider the error of their ways before facing prison sentences. The new law gives them until 1st May 2008 to get a licence, and failure to do so while continuing to drive will result in prison sentences of between three and six months, as well as heavy fines and community work for periods of between 30 and 90 days.
The text approved recently by congress, with favourable votes from all parties except the Partido Popular, thus turns infractions of road safety laws into criminal offences.
In the case of an offence such as driving at 60 kilometres per hour over the speed limit, for example, the judge has the right to decide whether to impose a heavy fine, order the offender to carry out community work for periods varying between 30 and 90 days or send the offender to prison for a period of between three and six months. That is to say, driving at 110 kilometres per hour in an urban area, at 180 kilometres per hour on a secondary road or at 200 kilometres per hour on a motorway. In each case, the driving licence will be seized for periods varying between one and four years.
Caught at 200 per hour
If the changes in the Penal Code had been in effect last year, a dozen would-be Formula One drivers in Malaga would now be in prison. The police handed out fines to ten drivers in that period for driving at more than 201 kilometres per hour in inter-urban zones.
There were many more fines handed out for drunken driving last year, and this too would have meant prison sentences if the changes in the law had been introduced last year. Any driver found to have more than 0.66 milligrams per litre, or 1.2 grams of alcohol in the blood, will fail the breath test, and will be subject to the same types of fines as those imposed for speeding. Throughout 2006, the Malaga province police took action against 236 people found driving with more than the then established 0.65 milligrams per litre of alcohol in the breath.
Other offences now considered more serious than before are blocking the way of other road users, leaving slippery materials on the road and removing road signs. The penalties for such offences will be community work for periods of between ten and 90 days. But if such behaviour is likely to cause serious harm to road users, the penalties will include between six months and two years in prison or heavy fines.
Judge’s decision
In all cases, the judge decides the actual penalty. Drivers considered to have been driving “with manifest danger,” as the law states, “and concrete risk to life and integrity,” will be subject to periods of between six months and two years imprisonment, and loss of driving licence of periods ranging from one to six years. If this dangerous driving includes “manifest disregard for the lives of others,” such as driving at 220 kilometres per hour or faster on a busy road, the prison sentences can be increased to between two and five years, and licences can be lost for periods of between six and ten years.
Other changes include refusal to take the breath or drug test, resulting in prison sentences of between six months and a year. It must be remembered, however, that those sentenced to less than two years imprisonment in Spain actually go to prison only if they have been convicted in the past.
What the law says
Excess speed: Driving at more than 200 kilometres per hour on a motorway, 180 on an ordinary road or 110 in an urban area will become an offence punishable by between three and six months imprisonment, or a fine, or community work. It will also lead to loss of licence for between one and four years.
Drink and drugs: Punishment for driving while drunk or drugged to be the same as that for excess speed. Drunken driving is defined as driving with more than 1.2 grams of alcohol in the blood.
Refusing the breath text: Refusal to take a breath or drug test will result in a prison sentence of between six months and a year, and loss of driving licence for a period of between one and four years.
Dangerous driving: Drivers who threaten the lives of other road users will face prison sentences of between six months and two years, and loss of driving licence for between one and six years.
Threatening life: Those who drive with “clear disregard for the safety of others” will face prison sentences of between two and five years and loss of driving licence for between six and ten years.
No licence: Drivers without licences will face between three and six months in prison or prohibition on driving for between one and two years, and up to 90 days community work.
Blocking the way: Parking or stopping in a place that puts other road users at serious risk will be punishable by between six months and two years in prison or loss of licence for 24 months.
Regards