disagree, but it’s for your safety

disagree, but it's for your safety


December begins and with it comes the approval of the new Traffic Law presented by the General Directorate of Traffic (DGT) in November 2020. The amendment to the revised text of the Traffic, Motor Vehicle Circulation and Road Safety Law will enter into vigor three months after being published in the BOE. We estimate that it will be in March 2022.

The Congress of Deputies approved on December 2 a package of legal reforms that, as a whole, substantially modify the legislation in traffic and circulation matters. One of the most controversial aspects is the increase in points to deduct for those behaviors that generate greater risk for driving.

The new Traffic Law contemplates the recovery of points through driving courses

As you know, one of the most controversial measures is the elimination of the possibility that cars and motorcycles can exceed speed limits by 20 km / h on conventional roads when passing other vehicles. An absurdity if we take into account that it involves tripling the time to make the maneuver, and more than twice the distance to travel in the opposite lane.

Now drivers will go forward looking at the speedometer for fear of fattening, even more, the state coffers. What you will probably never see are the scientific data linking the 20 km / h margin for passing with the proportion of frontal crashes. What’s more, in many cases the causes are not even investigated.

The measures of the new Traffic Law

The aim of the new measures is to promote safe behaviors behind the wheel. For this, it includes among its main measures:

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  • Increase from three to six points to arrest for driving while holding handheld devices mobile phone. The penalty of 200 euros is maintained.
  • Raise from three to four points that are detracted by do not use the seat belt, child restraint systems, helmet and other protective elements. In addition, it explicitly incorporates the misuse of these elements as a cause for sanction. The penalty of 200 euros is maintained.
  • I know increases the safety of cyclists. On roads with more than one lane in each direction, it is mandatory to change lanes when overtaking cyclists or mopeds. In addition, the points to be detracted when overtaking are increased from four to six, endangering or hindering cyclists without leaving the mandatory minimum separation of 1.5 meters. Yes, the amount of 200 euros is maintained. Stopping or parking on bike lanes or cycle paths is also prohibited.
  • Increase from four to six the points to be deducted by throwing objects on the road or in its vicinity that can cause accidents or fires.
  • The possibility that cars and motorcycles can exceed speed limits by 20 km / h on conventional roads when they overtake other vehicles (modification of Article 51 of the General Traffic and Vehicle Regulations).
  • The underage drivers Any vehicle (mopeds, AM permit, motorcycles up to 125 cc, bicycles and personal mobility vehicles) may not circulate with an alcohol level greater than 0, both in blood and in exhaled air.
  • Introduces the possibility of recover 2 points of the card for the completion of safe driving courses certified by the General Directorate of Traffic.
  • The reform unifies in two years the period that will have to elapse without committing infractions for recover initial balance of points. The period before varied depending on the seriousness of the offense committed.
  • The immobilizer breathalyzer (Alcoholock) will be mandatory for road passenger transport vehicles that are registered as of July 6, 2022.
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disagree, but it's for your safety

Additional measures

Along with the main novelties mentioned, the Law also includes:

  • The use of certified or approved wireless devices For use in the protective helmet of motorcycle and moped drivers. The purposes are communication or navigation. They cannot affect driving safety.
  • Restrictions in Low Emission Zones. A new serious offense is introduced for not respecting the traffic restrictions derived from the application of the protocols for pollution episodes and low emission zones. The amount of the penalty is 200 euros.
  • For the first time, a reference to the automated vehicle (autonomous driving), in various articles of the Traffic Law.
  • It includes a new very serious offense, committing fraud on driving tests using unauthorized intercom devices. The penalty will be 500 euros and a penalty of 6 months without being able to attend the exam.



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