Non residents being fined for driving a Spanish registered car

I have copied this from Jeffs Blog it may be of intrest to some.
It has come to our notice that a recent visitor to Spain, was fined for driving a Spanish registered car.
We have discovered that, the Traffico of the Guardia Civil can impose a fine on owners of Spanish registered cars, if they are non resident and unable to produce documentation, stating that they are non resident.
Once the fine is imposed, the owner is unable to have the fine cancelled and must pay it.
In order to avoid this type of situation, a non resident can apply on Form EX-15 to get a certificate of non residency. To obtain this certificate the applicant can get the form from our office . It has to be taken to one of the Commisariats of Police in Elche or Alicante. The cost of the Certificate is €6.89.
For further information, contact our office at Calle Madrid no.5.


Hoping someone can understand Spanish Law better than I can.
If I have a Relative or Friend come come over for a visit ,they rent a car. on the way from the Airport they are stopped by Guardiam, papers are requested, they do not possess non residents paperwork, Will the car rental company be fined.
If same people are over for a stay in there holiday home,(they have also purchased a car to use over for that purpose)they are stopped by the Guardia, papers checked ,will they be fined as the car owners.
If the same people are over for a holiday and are staying with me, and they borrow my car, then whilst out for a drive get stopped by Guardia, Will I be fined as the owner.
Does not make sense to me, so someone please advise me .

Commented Alan in La Marina 2013-11-06 15:57:06 UTC

Alan this could be another charity thread and go on and on, I suggest rightfully or wrongly you or somebody go up the office at Calle Madrid and ask or we will be surrounded by barrack room lawyers.
I only copied and pasted because it is a very emotive subject and possibly depending how the police feel on any given day to do spot checks.

Commented Weejohnten in La Marina 2013-11-06 16:11:07 UTC

The EX-15 appears to be the form to enable you to apply for an NIE number

Commented Souxie in La Marina 2013-11-06 16:27:47 UTC

Would that be the one for the yellow form or white one (nie), also you need a form to appy for permission to wear flip flops in a public place/ beach if going topless,applies to both sexes and those not sure being in between

Commented 2nd Casa in La Marina 2013-11-06 17:30:40 UTC

weejohnten,
You were perfectly correct, This thread has only been on for a few comments and is already looking to veer away from how it started.
Also ,something that has been mentioned on the other Local Forum, even Jeff''s blog isn't sure if its the driver ot the car that is fined or the owner, so perhaps he is not sure.

Commented Alan in La Marina 2013-11-06 18:49:05 UTC

Alan hire cars are excluded as long as the driver is carrying the rental agreement in the car.

Commented Weejohnten in La Marina 2013-11-07 08:55:37 UTC

Sorry to be ignorant but where do I find Jeffs Blog - can someone give me the link please. Thanks

Commented Souxie in La Marina 2013-11-07 09:04:25 UTC

Souxie ( copied from another site)
Looking at the EX-15, the section where you state the type of certificate you are applying for has two tick boxes; one for "Certificado de residente" and one for "Certificado de no residente".

It does therefore seem that the EX-15 is the correct form for applying for a certificate of non-residency.

Commented Weejohnten in La Marina 2013-11-07 09:06:59 UTC

Can anyone explain why and in what way it is illegal? If the car was registered abroad, it would be easier to understand why the police may suspect illegal driving.

Commented reindeer keeper in La Marina 2013-11-07 09:11:22 UTC

Thanks weejohntee - but do you know where I can find Jeffs blog

Commented Souxie in La Marina 2013-11-07 09:21:42 UTC

Commented Josie in La Marina 2013-11-07 09:40:41 UTC

I think I'll forward it on to the Daily Mail, plus the one about the Police checking Padron's/Pardon's. It should knock another €20k off my house price.

Commented marko in Quesada 2013-11-07 14:18:17 UTC

The official certificate of non residence is normally issued at the time of applying for an NIE number if the appropriate box is ticked?
A friend has a document from his insurance company signed and stamped, showing that he is a non resident. He also obtained a blank form in order to show written authorisation from the policy holder that another person had permission to drive the vehicle.
So perhaps rather than paying the fee every 5 years it might be easier getting a statement from your insurance? I don't know the answer and if stopped will the police accept it.

Commented Weejohnten in La Marina 2013-11-07 14:22:46 UTC

The fee is payable to commiserate of police either Elche or Alicante for non residents ie holiday home but not living in Spain , the cost is on the first thread 6.80 Euro

Commented Weejohnten in La Marina 2013-11-07 15:13:39 UTC

ok weejohnten, but "paying the fee every 5 years".

Commented reindeer keeper in La Marina 2013-11-07 15:48:29 UTC

It's not uncommon is it, your habitation certificate, energy certificate,and others only last 5yearsj

Commented Weejohnten in La Marina 2013-11-07 16:05:17 UTC

weejohnten, my residencia paper is "forever". Never need to be renewed if I don´t want to or if I don´t move to another adress. And that is the same kind/sort of paper EX- 15 (Solicitud de Número de Identidad de Extranjero y Certificados) and EX-18 (Solicitud de inscripción en el Registro
Central de Extranjeros_Residencia ciudadano de la UE)
you get from the Police.

Commented reindeer keeper in La Marina 2013-11-07 17:33:09 UTC

If our local helper/man in the field Jeff and his staff/office dont know how are us mere mortals meant to keep to the rules/law, that was one of the things I thought they were there for.

Commented 2nd Casa in La Marina 2013-11-07 17:38:53 UTC

It does not happen often,but I agree with reindeer keeper, My passport, driving licence, visa and debit cards all have an expiry date on them. when the residentia was legal it also had an expiry date, my piece of green paper I have to have does not have an expiry date, so therefore as long as nothing changes it does not expire.

Commented Alan in La Marina 2013-11-07 18:36:11 UTC

reindeer keeper / Alan why are you dragging it out if you have residencia it is of no concern to to you or anybody else who has who is resident the clue is in the title of the thread "Non residents being fined for driving a Spanish registered car"
It would only be a concern to anyone if they had friends or family over driving the car registered to to you if they were not resident.
2nd Cassa I agree the situation is vague and if the town hall cant give definitive answers then what chance have we, my view is simple "the laws an ass and I will take my chances when my daughter or friends are over. I assume its another one of Spains little quirks and will treat it accordingly .

Commented Weejohnten in La Marina 2013-11-07 18:48:30 UTC

weejohnten, Just because I am resident in Spain does not mean that I do not have friends who are not resident.
But you do not respond to the question of why one should pay every five years if you have got an EX-15 certificate.

Commented reindeer keeper in La Marina 2013-11-07 21:56:34 UTC

I am neither a councilor or police so I neither make or uphold the laws of the land I have said it's not uncommon for certificates to be renewed after 5yrs I will not get involved with conjecture there are plenty of people on this site who will carry it on.

Commented Weejohnten in La Marina 2013-11-07 22:03:40 UTC

weejohn, you fantasize about the validity without knowing. You do not have to renew your Certificado Residencia ciudadano de la UE. Why are you sure the EX-15 must be renewed after 5 years?

Commented reindeer keeper in La Marina 2013-11-07 22:18:07 UTC

Agreed I really have to admit I don't know where I picked that up from and accept your comment. The form is in fact as already discussed the same form you apply for an NIE the crucial point is which box was ticked (if any) when you or your fiscal representative ticked when applying for the NIE.
The EX-15 appears to be dual purpose, as it states it is for getting an NIE but also "y Certificados "LO 4/2000 and RD 557/2011)"
which I suppose can be construed as certificates of non (permanent) residency.
Looking at the EX-15, the section where you state the type of certificate you are applying for has two tick boxes; one for "Certificado de residente" and one for "Certificado de no residente".
It does therefore seem that the EX-15 is the correct form for applying for a certificate of non-residency.
And based on that fact alone would think it is a one off payment, but hey I have no Idea I have spent enough time on this, and equally not interested anymore so this will be the last post from me on the subject (i hope)

Commented Weejohnten in La Marina 2013-11-08 08:28:53 UTC

form EX15 is used for NIE and Certificado de no residente, it is this certificate that only lasts for 5 years, NIE is for life. If you a non resident and own a Spanish registered car you should carry this certificate with you (this has nothing to do with hire cars or holiday makers) the reason being is because if you are resident then you should have a Spanish driving license.

Commented luvmylife in La Marina 2013-11-08 08:37:11 UTC

luvmylife, where have you seen that EX-15 only lasts 5 years? EX-18 lasts forever.
Will you be considered as resident if you don´t renew EX-15 after 5 years?

Commented reindeer keeper in La Marina 2013-11-08 08:43:08 UTC

Thank you Luvmylife I agree but couldn't find the relevant part on the document which says renewable after or every 5 years.

Commented Weejohnten in La Marina 2013-11-08 08:44:18 UTC

There are several certificates that do not last for life i.e. padron, habitation certificate and non resident is one of them.

Commented luvmylife in La Marina 2013-11-08 09:43:25 UTC

Can anyone explain if it in any way can be considered "mysterious" to have Recidencia certificate (EX-18, the green paper) which you need if you to stay longer time than 3 months and at the same time have No Residencia certificate (EX-15) which you need to have with you in your Spanish car because you stay less than 183 days in Spain each year. You live in another EU-country.
This is perhaps a mysterious question, but maybe someone knows the answer. It can be an interesting question for many who are in that situation.

Commented reindeer keeper in La Marina 2013-11-09 11:11:13 UTC

You have raised two good points there Reindeer

Commented FOX160 in La Marina 2013-11-09 11:45:36 UTC

Best thing to do is to carry every form applied/given to you in a filing cabinet (as you will need it) instead of the glove box and in a shopping trolly when out walking that way you cant go wrong can you ?
PS they have added you need a permit for the shopping trolly La Marina health and safety rules.

Commented 2nd Casa in La Marina 2013-11-09 14:04:51 UTC