Does it prescribe a traffic fine if the offense is serious?

The driving license for points is a system by which all drivers are initially associated, in general, with a balance of 12 points. As traffic offenses are committed, points are deducted until reaching zero, at which point their driving license is withdrawn. The points are associated with the driver, not with a specific type of permit. For this reason, the points are common to all the driving licenses you have, in such a way that if you lose the validity of your license, you will not be able to drive any type of vehicle.

Does it prescribe a traffic fine if the offense is serious?  (Photo Bigstock)

According to the General Directorate of Traffic (@DGTes), since the implementation of the points permit, the main infractions that have led to the loss of points have been:

According to Law on Traffic, Circulation of Motor Vehicles and Road Safety, The statute of limitations for offenses will be three months for minor offenses (up to € 100 fine) and six months for serious offenses (€ 200) and very serious (€ 500). When the driver commits the traffic offense, the notification period opens, which is the time that the competent authority (the DGT or the City Council) has to notify the offender that he has been fined. After these deadlines, even if you receive the notification, you will not have to pay the penalty. Below you have a List of serious and very serious offenses that take points off the driving license.


(Source: DGT)

Does the fine expire?

An important consideration: one thing is the period that the Administration has to notify the fine and another is the expiration of the fine. In this sense, if the notification of the infringement has reached us within the period stipulated by the Law, that is, in the event that there is an economic sanction, tea they will be able to claim the fine for 4 years. In the event that the Administration has not taken any action in this regard, the fine will prescribe. Therefore, fines expire after four years when an economic sanction has already been imposed.

We must also bear in mind that the statute of limitations for fines, whether they are three months for a minor offense or six months for a serious or very serious offense, may be interrupted by the Administration in these cases:

  • For any action initiated by the Administration itself of which the accused is aware or whose objective is to find out his or her identity or address.
  • There is a notification made at the time of the offense, at home, at the Electronic Road Directorate (DEV), on the DGT page for the notification and management of traffic fines via telematics, or through the Edictal Board of Sanctions of Traffic (TESTRA).

These two assumptions for the interruption of the limitation period are aimed at avoid the picaresque of whoever tries some trick so that the term to sanction elapse, for example, rejecting the notifications that reach your address. However, the limitation period will resume if the procedure is paralyzed for more than a month for reasons not attributable to the defendant.