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Spanish police can now check mobile phones of drivers involved in crashes

Spanish authorities now have the legal powers to check drivers’ phone calls and texts if they’ve been involved in a road accident.

Spanish police can now check mobile phones of drivers involved in crashes
Photos: AFP

Driving and using a mobile phone is becoming increasingly risky in Spain, at least in terms of its legal implications in the case of an accident.

From now on, police will be able to carry out checks on the mobile phones of drivers involved in crashes in order to determine whether they were using the device at the time of the crash, and whether it could have had an influence in causing the incident.

This will include all forms of mobile communication, including texts, calls or voice messages on WhatsApp, Facebook, Messenger, Twitter or any other social platform.

Spain’s top road safety prosecutor Bartolomé Vargas sent out an order to all regional traffic authorities on April 12th, calling on road safety officers to begin implementing the measure from now on.

However, on-the-spot checks will not be allowed, searches will only be possible through a court order.

According to Spain’s traffic authority the DGT, using a phone while driving increases the chance of being involved in an accident by 20 percent and reduces a driver’s perception of road signs by up to 40 percent.

Phone companies will be now be obliged by law to provide all the relevant digital information to a court if requested, so there is little point for drivers involved in an a road accident to delete any potential proof of wrongdoing off their devices.

According to Spanish traffic sources, the mobile phone checks will only be carried out in cases where the cause of the road accident is unclear, although it doesn’t have to be a serious crash for a court to request the information.

If the driver was found to be using their phone at the time of the crash, it will not be deemed by judges to be the only reason for the incident, but rather added to the list of conditioning factors.

Using a mobile phone while driving in Spain is currently punishable with three points docked off drivers’ licenses and a €200 fine.

Spain’s road authorities are now looking to wage war on mobile apps that warn drivers about speed cameras, police roadblocks and alcohol/drugs checks, their hope being that legislation is passed which makes these mobile services illegal.

FIND OUT: What you need to know about Spain's new road laws

 

 

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DRIVING IN SPAIN

Can the UK’s Blue Badge for disabled parking be used in Spain?

The UK’s Blue Badge scheme allows disabled drivers to park in special parking spaces closer to their destination, but can it be used if you're on holiday in Spain or living in Spain? The Local has spoken with the British Embassy in Madrid to find out.

Can the UK's Blue Badge for disabled parking be used in Spain?

The Blue Badge for disabled drivers issued by UK authorities features a symbol of a person in a wheelchair and should be displayed in the front of your car if you’re parked in a special disabled spot.

But can you use the same badge in your car in Spain?

When the UK was still part of the EU, these disabled badges for parking could be used throughout the bloc, but since January 1st 2021 when Brexit officially came into force, there have been some doubt regarding this. 

In other words, some disabled drivers visiting Spain who wish to rent a car or British residents living in Spain with UK disability cards are now uncertain as to whether their badges will be recognised here or not. 

In Spain, on roads and in car parks, parking places reserved for disabled people are marked with a wheelchair symbol.

The EU has its own parking card for people with disabilities and the recognition of the UK’s badge has always been an informal agreement between governments.

The advice from the UK government has always been for UK Blue Badge holders to check locally within the country they are travelling to, before using it abroad. 

The British Embassy in Madrid told The Local: “This advice did not change following the UK’s exit from the EU and to date no EU/EEA nation has specifically stated that it will not recognise a UK-issued disabled parking card”. 

However, the rules and advice are slightly different depending on if you are visiting Spain or living here. 

The UK government website states “You can use your UK Blue Badge when travelling in some European Union (EU) countries, Liechtenstein, Norway and Switzerland”.

However, under the list of EU countries where you can use the UK Blue Badge, the UK government says Spain is “undecided” and asks drivers to check with the Spanish Embassy for more information.

This is causing a lot of uncertainty among UK Blue Badge holders and has sparked many debates on social media groups used by Brits in Spain. 

The British Embassy in Madrid has confirmed to The Local that: “Where the table states ‘undecided’, that doesn’t indicate that a particular nation has stated they will not recognise a UK issued parking card, merely that the UK doesn’t have a specific notification of reciprocity of the UK’s goodwill gesture”. 

This means that while Spain has not officially said that it will not recognise a disabled blue parking badge issued in the UK, there is no reciprocal agreement in place. 

While many British people visiting Spain say that they are continuing to use them without problem, others are reporting that Spanish authorities in some areas will not accept them anymore.

One member of the N332 Facebook group, (a group created by Spanish traffic police officers and volunteers) wrote: “To be honest I use my blue badge in Spain and it has not caused me any issues since Brexit. I think as long as a badge is displayed in the parking spaces no one will say or do anything”.

However, another commentator said that their friend was fined for using a UK blue badge in Spain.

According to the Spanish authorities, fines of up to €200 can be handed out for those who park in a disabled spot without the proper permit, although that’s not to say that a UK Blue Badge is not a proper permit.

So if you’re visiting Spain and have a disabled parking card, you should contact the local authorities first to find out if you can use your UK-issued parking card, otherwise you technically could be using it at your own risk and could be fined.  

In some places in Spain, you may find that authorities turn a blind eye, while in others may tell you that your badge is not valid.

Can you use your UK Blue Badge if you’re living in Spain?

The UK government website states: “If you have a UK Blue Badge and live in Spain, you must return it to the original UK issuing authority. You can apply for a new Spanish disabled parking card. The process is different in each region of Spain. Contact your local town hall or social services department for further information”.

So those who live in Spain should apply for the equivalent of the UK’s blue badge here. This is called the Tarjeta acreditativa de discapacidad or Tarjeta de grado de discapacidad, depending on where you live.

Examples of different disabled parking cards issued by Spain’s regions. Image: Fundación Once

The not-for-profit project Support in Spain warns that it can be a lengthy process to apply for the Spanish equivalent and that many have been waiting months or even years for their cards to be issued. This has left many foreign disabled residents in Spain in a difficult situation.

Another member of the N332 Facebook group wrote: “Why does it take so long to get a blue badge in Spain? My husband has advanced Parkinson’s and dementia. We have been waiting almost a year and our town hall tells me this is normal”. 

How to apply for Spain’s disabled parking card?

Firstly, in order to apply, you will need to make an appointment with your doctor in Spain to certify that you have a degree of disability that warrants a disabled parking card. Typically, applicants must prove that they have a disability of at least 33 percent in order to be eligible for the Spanish disabled parking card.

Your doctor may also need to refer you to a specialist. Getting this disability certificate, or reconocimiento de discapacidad as it’s called in Spanish, is the reason the process takes so long. This certificate is the same document you’ll need in order to apply for disability benefits in Spain too.

As mentioned above, the process of applying is slightly different, depending on what region of Spain you live in. Typically, you will have to go to your local Equality and Social Policies Department (Departamento de Igualdad y Políticas Sociales) or at your local town hall (ayuntamiento) and fill out the necessary paperwork.

This will then need to be submitted along with your disability certificate and any notes from your doctors, before your application can be processed. 

Those who are worried about how long the process will take should contact their local town hall to find out the average time frame in their area. 

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