Guide to Spanish law for foreigners visiting or living in Spain.
Whether you are a tourist on holiday or are living in Spain permanently, you will want to keep on the right side of the law. In-depth information on Spain´s criminal, commercial or property laws can be obtained from a legal specialist, but both new residents and tourists should be familiar with the most everyday Spanish laws below.
Information on Spain´s motoring laws
Spanish law dictates that only drivers over the age of 18 (even if they hold a valid UK licence) can drive in Spain.
Driving is on the right hand side of the road. Indicating on motorways is compulsory and you can be fined for not indicating before and after overtaking another car. Use of a horn is illegal in town at night, and you should not delay for more than two minutes if you stop at a zebra crossing.
All vehicles (whether driven by tourists or residents living in Spain) must carry the following items: two EU red warning triangles, spare bulbs, a spare pair of specs if the driver needs to wear glasses, all vehicle documents (or copies of them), a country code sticker on the rear bumper, and reflective jackets for all occupants. The latter must be kept inside the car - not in the boot - and must be worn outside the car if you break down.
Speed limits (120kph on motorway, 100kph on dual carriageways, 90kph on rural roads, 50kph in town, and 20kph in residential areas) are increasingly being enforced by police. Unless you are living in Spain permanently, you have to pay fines on the spot. For speeding, these fines are generally €91-300.
Motorcycles must use dipped headlights during the day regardless of weather conditions. Children under the age of seven are not allowed on motorbikes, but Spanish law allows anyone aged 14 and above to ride a motorcycle up to 75cc.
The use of seat belts is mandatory for all passengers, both front and rear. Children under 12 years of age are not allowed to sit in the front unless using a suitable restraint system.
All mobiles, except handsfree, are banned, even at the side of the road. Under Spanish law, this includes mobiles with ear devices. If you need to stop to use your mobile, you must pull off the road completely.
Information on Spain´s alcohol and drug related laws
The legal drinking age is 18 in Spain.
Drunk driving is a serious offence in Spain. Experienced drivers can be deemed under the influence of alcohol with a blood level as low as 0.5mg/l (it is 0.8mg/l in the UK). Spanish law makes a distinction for new drivers ie those with less than one year´s experience, for whom a lower limit of just 0.1mg/l applies.
Penalties for driving under the influence of drugs or alcohol is penalized with 8-12 weekends of arrest, or a hefty fine, plus the loss of your driving licence for a period of one to four years. There is no need to have committed a moving traffic offence.
Refusing to give a breath test can be punished by imprisonment for six to twelve months and loss of licence.
In Madrid, the Balearic and Canary Islands, the consumption of alcohol in the street is banned. It may be consumed only in licensed premises.
Possession of all recreational drugs (even for personal use) is strictly illegal and Spanish law usually imposes a period of imprisonment on offenders. These sentences can be up to twelve years.
Living in Spain - no longer a smoker´s paradise
Spanish laws were changed in January 2006 to limit smoking in public places. Smoking is now totally prohibited in all places of work, both public and private, and in all public buildings. It is also forbidden on public transport. Fines range from €30 to €600.
Shops, supermarkets and newsagents are no longer authorised to sell cigarettes, cigars or tobacco products. The only establishments allowed to sell tobacco are licensed estancos, Spain´s traditional stamp and cigarette shops.
In addition, all but the smallest bars and restaurants must now provide separate rooms for smokers and non-smokers, or become totally non-smoking.
Living in Spain - sex laws
The age of consent is 16 for both heterosexuals and homosexuals. Child sex and pornography is heavily punished.
Spanish laws relating to prostitution are rather confusing. Prostitution itself is legal but living off the prostitution of others is not. However, some brothels are regulated by their regional governments and pay corporate taxes.
Information on Spain´s marriage laws
Under Spanish law, both civil and religious marriages are legal provided both parties are over the age of 18. Since 2005, same-sex couples living in Spain have the right to marry and have the same rights of ownership, inheritance and adoption as married heterosexuals.
