DGT fines in Spain: how to check, pay at a discount and appeal

What to do first

If you suspect you have a traffic fine in Spain, act in this order:

1. Check who fined you. The DGT points out that to pay, complain about or object to a fine you must always contact the body that issued it, which may be Tráfico or a town council.
2. Check your fines on the DGT Sede Electrónica, look at your Dirección Electrónica Vial if you have one and have a look at the Tablón Edictal de Sanciones de Tráfico (TESTRA).
3. Note the notification date: the 50% discount and the deadline for objections both depend on it.
4. Decide quickly whether to pay or appeal, because you cannot do both through the administrative route.

How to check whether you have a fine

According to the DGT procedures page, the fines section covers paying fines, submitting objections, identifying drivers and checking and managing edicts and fines. All of this is done through the DGT Sede Electrónica.

As well as the online channel, the DGT can be reached by phone on 060 and in person at its Jefaturas and Tráfico offices. To go in person you need an appointment, which you can book on the Sede Electrónica or on 060. If you are 65 or over, you can turn up without an appointment during the hours set by each Jefatura, provided the procedure is for yourself.

The DGT also works with third parties, so some procedures can be carried out at Correos post offices, participating town councils or banks, among others.

The Dirección Electrónica Vial (DEV)

The Dirección Electrónica Vial is the electronic mailbox where the DGT serves traffic notifications. According to Law 18/2009 published in the BOE:

• The DGT assigns a DEV to every legal entity that obtains an administrative vehicle registration authorisation.
• Individuals who request one can also have one.
• The system records the date and time at which the notification is made available to you and the moment you access its content. From that access, the notification is deemed served for all legal purposes.

If you do not have a DEV, the notification is sent to the address you gave for the procedure or, failing that, to the one held in the DGT records. That is why it pays to keep your address up to date with Tráfico.

TESTRA, the board where failed notifications end up

The Tablón Edictal de Sanciones de Tráfico (TESTRA) is run by the Dirección General de Tráfico. Notifications that could not be delivered to the DEV or to your address are published there. Cases that end up on TESTRA include:

• Nobody collects the notification at the address: the attempt is recorded with the day and time and repeated within the following 3 days. If delivery is still not possible, it is published on TESTRA.
• The addressee is unknown at the address.

If you are at home and refuse the notification, this is recorded in the file and the step is treated as completed. If you are not in, anyone present at the address who identifies themselves can accept it.

The law also provided for local authorities to serve their notifications via the DEV or TESTRA before 25 May 2016, where their budgets and technical resources allowed, according to the 2014 reform published in the BOE.

Deadlines to pay or appeal: beware the discrepancy

Here the official sources do not agree, and it is worth knowing:

• The DGT, in its magazine, says that the 50% reduced payment can be made within 20 calendar days of notification, and that the deadline for submitting objections is also 20 calendar days from notification or from its publication in the Tablón Edictal Único.
• The text of Law 18/2009 in the BOE contains articles that refer to 15 calendar days to pay at the reduced rate or object, while another section of the same text, on fines not paid on the spot, mentions 20 calendar days.

In practice, check the deadline shown on your notification and do not leave it until the last few days.

Other deadlines you should know:

• If you neither object nor pay, the fine notice takes effect as a final decision and the penalty can be enforced once 30 calendar days have passed since notification.
• Once the penalty is final, Law 18/2009 gives 15 calendar days to pay it. The 1994 Regulation on sanctioning procedure refers to 15 working days. Again, the sources do not agree.
• Decisions of Government Delegates can be appealed to the Minister of the Interior (recurso de alzada) within 1 month, according to that regulation.

How to pay a fine with the 50% discount

According to the DGT, you can pay by credit or debit card (Visa, Mastercard or Maestro) or in cash, depending on the channel:

• Online: on the DGT Sede Electrónica. You will need the file number and the date of the fine.
• Tráfico offices: at any of them, by bank card only.
• Phone 060: by bank card.
• Bank: at Caixabank branches and cash machines, by card and in cash.
• Correos: at its post offices, by card and in cash, with an additional fee.
• At the roadside: if a Guardia Civil traffic officer stops you to notify you of a fine, you can pay by card there and then and the discount applies.

Anyone can pay the fine, but if paying by card they must be the cardholder. If they are not the offender, they must be authorised and identify themselves.

When you pay at the reduced rate, under article 80 of the law, the procedure ends on the day of payment without a formal decision, you waive the right to submit objections, the penalty becomes final through the administrative route and you can only go to the contentious administrative courts, with a deadline starting the day after payment. The 2014 reform adds that the penalty does not count as a record in the Registro de Conductores e Infractores in the case of serious offences without loss of points.

How much it costs: amounts and surcharges

According to article 67 of Law 18/2009 in the BOE:

• Minor offences: fine of up to €100.
• Serious offences: fine of €200.
• Very serious offences: fine of €500.
• Speeding is penalised according to the amounts set out in Annex IV of the law.

If you pay at Correos, the DGT states an additional fee of €2.25 plus 1.5% of the fine amount.

Offences become time barred after 3 months for minor ones and after 6 months for serious and very serious ones, counting from the day the events took place. Final serious and very serious penalties are entered in the Registro de conductores e infractores, and those entries are cancelled for record purposes once 2 years have passed since they were fully served or time barred, according to the 1994 regulation.

How to appeal a fine

The first step is to submit an objection. The DGT explains that you can provide evidence and documents to support your version, and Tráfico will decide whether you are right. You can submit it:

• Online, on the DGT Sede Electrónica or at any Public Administration electronic registry.
• By post, sending your letter to the Tráfico Jefatura handling the procedure.
• In person, with an appointment.

Submitting objections and appeals through the administrative route is free. If your arguments are not accepted, you can go to court with a contentious administrative appeal, which involves costs and for which you would need a lawyer or court representative.

If you do not pay: enforcement

When the payment deadline after the penalty becomes final passes without payment, the fine is collected through the enforcement procedure (apremio). The enforcement order served on the debtor acts as an enforceable title, according to Law 18/2009.

Exceptions and special cases

• Fines for failing to identify the driver: no early payment discount, according to the DGT.
• Drivers not legally resident in Spain: the officer sets the fine amount provisionally. If it is not deposited, the driver must move the vehicle and immobilise it where the officer instructs. The deposit can be paid by credit card or in cash in euros, and the possible 50% reduction is taken into account. This directly affects anyone driving from the UK, Germany, the Netherlands or Italy.
• Fines issued in other countries: these carry a financial penalty and may involve loss of points. They are paid by the method stated in the notification. Some offences, such as drugs, alcohol or speeding, may be treated as criminal matters, and in some countries fines do not expire and can be claimed later.
• Offences with loss of points: the officer takes the details of the licence and, once the penalty is final, the deduction is notified to the Registro de Conductores e Infractores.

If you overpaid: refunds

If you spot a duplicate payment or an amount that does not match the penalty, you can request a refund from the DGT. You need the refund application form for fees or fines, the proof of payment with the file number if it is a duplicate payment, or a copy of the decision if the refund follows an appeal. You can submit it at your Jefatura or Tráfico office or via the Electronic Registry using an electronic DNI, an electronic certificate or Cl@ve.

Quick checklist before you travel

• Check the DGT Sede Electrónica for any outstanding fines.
• Check TESTRA and your Dirección Electrónica Vial.
• Update your address with Tráfico so you receive notifications.
• Carry a Visa, Mastercard or Maestro card in case you are stopped and want to pay at a discount on the spot.
• If you are not resident in Spain, bear in mind that you may have to deposit the fine there and then.
• Save the 060 phone number and the file number of any fine.
• When you receive a notification, note the date and decide quickly whether to pay or object.