Quick answer. UK licence holders who become resident in Spain may drive with their UK licence for six months from obtaining residence, and within that period should exchange it for a Spanish licence under the agreement between the United Kingdom and Spain. Driving with a valid UK licence after that deadline is not, as a rule, the criminal offence of Article 384 of the Criminal Code, which punishes driving without ever having obtained a licence or after losing it by points or by court order: consolidated case law of the Supreme Court treats it as an administrative infringement.
Last updated:
Visitors and residents
Visitors may drive in Spain with a valid UK photocard licence during their stay. The position changes when you obtain residence: from that date you have six months to drive with the UK licence, during which you should apply for its exchange at the Spanish traffic authority (DGT). The exchange under the bilateral agreement does not require a driving test, provided the eligibility conditions are met.
What Article 384 of the Criminal Code punishes
Article 384 punishes three situations: driving after the licence has lost its validity because all points have been lost, driving after a court has withdrawn the right to drive, provisionally or by final judgment, and driving without ever having obtained a licence. The penalty is imprisonment of three to six months, or a fine of twelve to twenty-four months, or community service of 31 to 90 days.
Why a valid UK licence is not «never having obtained» one
A driver who holds a licence validly issued in another country has obtained a licence and has demonstrated the ability to drive. For that reason, the consolidated case law of the Supreme Court holds that driving with a foreign licence that has not been exchanged, or that is no longer valid for driving in Spain, does not fall within Article 384 and constitutes an administrative traffic infringement. The police may impose a fine and prevent you from continuing the journey until a person with a valid licence takes over.
When it can become a criminal matter
The situation is different if a Spanish court has banned you from driving and you drive during the ban, or if the document you hold is not a full licence. A UK provisional licence is a learner document; driving alone with it may be treated as driving without ever having obtained a licence. The details of each case should be reviewed by a lawyer, as should the position of your motor insurance, which may be affected if you drive without a licence valid in Spain.
EU licences
Licences issued by member states of the European Union, such as French or Irish licences, remain valid in Spain while they are in force and do not need to be exchanged in order to drive.
Frequently asked questions
Is it a crime to drive in Spain with a UK licence after six months of residence?
As a rule, no. Consolidated Supreme Court case law considers that a person who holds a licence issued abroad has obtained a licence, so driving after the deadline is an administrative infringement rather than the offence of Article 384.
Do I need to take a test to exchange my UK licence?
No, provided the conditions of the agreement between the United Kingdom and Spain are met. The exchange is requested from the DGT within six months of obtaining residence.
Can I drive in Spain with a UK licence as a tourist?
Yes. Visitors may drive with a valid UK photocard licence during their stay in Spain.
What happens if a Spanish court has banned me from driving?
Driving during a ban imposed by a Spanish court is a criminal offence under Article 384, whatever licence you hold, and may also constitute breach of sentence.
Related guides
- Driving without a licence lawyer in Spain
- Traffic offences and driving bans in Spain
- Drink-driving in Spain as a foreign driver
- Article 384 of the Spanish Criminal Code
- English-speaking criminal lawyer in Alicante
Do you need a criminal defence lawyer on the Costa Blanca now? Société Juridique assists detained persons and victims 24 hours a day, in English, from its offices in Alicante, El Campello and Madrid.
This article is informative in nature and does not constitute legal advice. For a specific case, consult a lawyer.
Francisco Javier Martín Porras
Abogado penalista, socio de Société de Conseil Juridique et Expert y creador de la metodología LIWARD®. Dirige la defensa en procedimientos penales de alta complejidad, combinando estrategia procesal con análisis pericial y forense. Conozca al equipo →
