The long-standing practice of providing false information about who was driving a vehicle at the time of a traffic offence can now lead to severe criminal consequences in Spain. What many drivers once considered a simple workaround to avoid losing points on their driving licence has been reclassified as a serious criminal offence, potentially resulting in imprisonment. A recent Supreme Court ruling has unequivocally confirmed that this conduct is not merely an administrative irregularity but a crime of falsifying an official document, punishable under the Spanish Penal Code with significant jail terms and substantial financial penalties. This landmark decision sets a crucial precedent, with sentences reaching up to nine months in prison for offenders.
This pivotal legal precedent stems from a case involving an entrepreneur who, after being caught by a speed camera, deliberately identified his father as the driver to safeguard his own licence points. Far from being a successful manoeuvre, this strategy culminated in a criminal prosecution, resulting in a nine-month prison sentence, a hefty financial penalty, and the original traffic fine remaining in place. This ruling marks a significant shift in how Spanish authorities will tackle such infractions. Typically, after an automated traffic offence, the vehicle owner receives a notification. For offences incurring licence points or classified as very serious, current regulations mandate the owner to reliably identify the person behind the wheel at the exact time of the incident.
The Obligation to Identify
This requirement is neither optional nor discretionary. The Spanish Traffic Authority (DGT) sets a specific timeframe for the vehicle owner to respond to the administrative request, and the veracity of the information provided is paramount for the proper functioning of the points system. This system is specifically designed to penalise the actual offender, not merely the vehicle's owner. In the case reviewed by the High Court, the administration detected inconsistencies in the submitted declaration. Subsequent investigations conclusively proved that the person identified as the driver was not, in fact, behind the wheel at the time of the infraction. Instead, it was a deliberate attempt to transfer responsibility to a third party who, presumably, either rarely used their driving licence or possessed a more favourable points balance.
Falsification Under the Penal Code
Spanish criminal law, specifically Articles 390 and 392 of the Penal Code, addresses the crime of falsifying an official document. This legal provision safeguards the veracity and reliability of administrative documents. This type of offence doesn't necessarily require the physical alteration of a document; it can be constituted by the inclusion of false data in official communications. When a driver deliberately provides erroneous information about the identity of an offender, they are consciously altering the truth before the public administration. This act goes beyond merely failing to comply with an administrative obligation; it constitutes a deception that vitiates the sanctioning procedure and can adversely affect third parties who are wrongly attributed responsibilities.
The penalties for this offence vary depending on the specific circumstances of the case, but they can include imprisonment from six months to three years, alongside financial penalties that are added to the original traffic sanctions. In particularly severe or repeat cases, courts possess the discretion to impose harsher sentences by applying relevant aggravating factors.
The Points System and Personal Responsibility
Spain's traffic regulatory framework clearly distinguishes between minor, serious, and very serious infractions. For the latter two categories, especially when they involve the deduction of points from a driving licence, the vehicle owner must fulfil the obligation to identify the driver within a period that typically does not exceed 20 calendar days from notification. This obligation is rooted in a fundamental principle of sanctioning law: personal and non-transferable responsibility. The points system was specifically designed to penalise individual driving behaviours, not merely the ownership of a vehicle. Therefore, accurate identification of the offender is absolutely essential for the system to effectively fulfil its preventive and educational functions.
It's worth noting that legitimate situations exist where the owner might genuinely be unaware of who was driving their vehicle at a specific time, particularly in companies managing fleets or vehicles shared among multiple users. In such instances, the legislation provides mechanisms to attest to this circumstance without incurring liability, but always predicated on good faith and cooperation with the authorities.
Broader Repercussions
The ramifications of falsely identifying another driver to evade losing points extend far beyond the administrative realm. In addition to the prison sentences and financial penalties stemming from the criminal offence, the perpetrator could face a criminal record, which might significantly impact their employment prospects, particularly if their professional activity requires certificates of good conduct. Furthermore, the person falsely identified also stands to be harmed, as they are wrongly attributed a responsibility that isn't theirs. If this situation isn't detected promptly, they could see their points balance reduced or even temporarily lose their driving licence, with all the personal and professional consequences that entails.