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Spanish Traffic Code

Consolidated text of the Spanish General Traffic Regulation (Royal Decree 1428/2003) per the latest BOE update. Organized by titles, chapters and articles.

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Art. 1 — Scope of application.

  1. The provisions of the Law on traffic, the circulation of motor vehicles and road safety, those of these Regulations and of the other provisions implementing them shall apply throughout the national territory and shall be binding on the owners and users of public roads and land suitable for traffic, both urban and interurban; on the owners and users of roads and land which, without being so suitable, are for common use; and, failing other rules, on the owners and users of private roads and land used by an indeterminate community of users.
  2. Specifically, such provisions shall apply:
    • To the road authorities of public or private roads, included in paragraph (c), and to their users, whether in the capacity of holders, owners, drivers or occupants of vehicles, or as pedestrians, and whether travelling individually or in a group.

      They also apply to all natural or legal persons who, although not included in the preceding provision, are affected by such provisions.

    • To loose animals or animals in herds and to vehicles of any kind which, whether stationary or moving, are part of traffic on the roads referred to in the first clause of paragraph (c).
    • To motorways, dual carriageways, conventional roads; to rest and service areas located on and serving such roads; to service roadways; and to stopping or parking areas for any kind of vehicles; to roads passing through built-up areas; to squares, streets or urban roads; to public-domain paths; to tracks and public land suitable for traffic; to service roads built as auxiliary or complementary elements of their owners’ activities and those built for analogous purposes, provided they are open to public use; and, in general, to all public or private roads in common use.

      The aforementioned provisions shall not apply to roads, land, garages, coach houses or other premises of a similar nature built within private estates, withdrawn from public use and intended exclusively for the use of the owners and their dependants.

  3. The occasional movement of vehicles across land or common-use areas not suitable for traffic, because they are places not intended for traffic, shall be subject to the rules contained in Title I and in Chapter X of Title II of these Regulations, insofar as applicable, and to the provisions of the regulations in force on drivers and vehicles regarding the system of prior administrative authorisation provided for in Title IV of the consolidated text of the Law on traffic, the circulation of motor vehicles and road safety, in order to ensure drivers’ fitness to operate vehicles and the suitability of the vehicles to circulate with the minimum possible risk.
  4. In the absence of other rules, the holders of private roads or land not open to public use, located in residential developments, hotels, clubs and other leisure facilities, may regulate, within their respective roads or enclosed areas, circulation exclusively for the holders themselves or their customers when they constitute an indeterminate community of persons, provided that they do so in a manner that does not distort the rules of these Regulations nor lead to confusion with them.

Art. 2 — Road users.

Road users are obliged to behave in such a way that they do not unduly hinder traffic or cause danger, harm or unnecessary inconvenience to persons, or damage to property (Article 9.1 of the consolidated text).

Art. 3 — Drivers.

  1. Driving must be carried out with the due care and attention necessary to avoid any harm, to oneself or to others, taking care not to endanger either the driver or the other occupants of the vehicle and the other road users. Negligent or reckless driving is strictly prohibited (Article 9.2 of the consolidated text).
  2. Conduct relating to negligent driving shall be classified as serious offences and conduct relating to reckless driving shall be classified as very serious offences, in accordance with Article 65(4)(a) and 65(5)(c) of the consolidated text of the Law on traffic, the circulation of motor vehicles and road safety, respectively.

Art. 8 — Vehicle loading and transport of persons and goods or things.

It is prohibited to load vehicles or to transport persons, goods or things in them in a manner other than that determined in this chapter.

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