Halloween night: can you be fined for driving in a costume?

Halloween is celebrated on the night of October 31, the eve of All Saints' Day.

Oliver Thansan
Oliver Thansan
30 October 2023 Monday 23:23
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Halloween night: can you be fined for driving in a costume?

Halloween is celebrated on the night of October 31, the eve of All Saints' Day. This tradition of Celtic origin, widespread in Anglo-Saxon countries, especially in the United States, has an increasing presence in Spain, like Black Friday. During this festival, elements related to death and terror stand out, creating a mysterious and commemorative atmosphere on a special night.

Costumes are an essential element at Halloween parties. They are part of the central axis of the celebration and usually represent a wide variety of characters. From macabre beings such as vampires, zombies and witches, to popular heroes, movie characters or any other creature of the imagination.

But before going to a Halloween party with our car in costume, we must take into account what the traffic regulations say. Some overly elaborate costumes or their accessories can hinder driving and pose a hazard on the road.

The General Traffic Regulations do not make explicit reference to the fact of driving while disguised. Nor does it indicate specific restrictions on doing it with flip flops, eating or going without a shirt. However, this does not mean that it is allowed to do so without taking into account safety and common sense behind the wheel.

Article 18.1 of said Regulation specifies that the driver of a vehicle is “obliged to maintain his own freedom of movement, the necessary field of vision and permanent attention to driving, which guarantee his own safety and that of the rest of the vehicle's occupants. and that of other road users.”

Therefore, from reading this article it can be deduced that costumes that limit, by their shape and volume, the driver's ability to drive the car safely are out of place behind the wheel. This includes masks, prosthetic makeup, wigs and hats, highlights the General Directorate of Traffic (DGT).

Likewise, if the choice of costume includes extravagant shoes or gloves, reference must be made to article 17 of the same Regulation, which explains that "drivers must be able to control their vehicles at all times." At a police stop, officers can assess whether the costume or any other element of the driver's attire compromises their ability to safely control the vehicle.

The DGT recommends that if you are going to a Halloween party and you intend to dress up, it is preferable to take the costume with you and change at the venue instead of doing so with the costume on. In addition to the dangers outlined above, driving while disguised can be a source of distraction for the driver as well as for other motorists on the road.

In addition to the risks associated with driving in costumes that limit mobility or visibility, it is essential to remember that alcohol consumption during the Halloween celebration also represents a significant danger on the road. Although it is most recommended that people who are going to drive not drink alcoholic beverages, it is important to mention that there are maximum alcohol levels allowed by law for drivers.

In Spain, it is allowed to drive with a blood alcohol level that does not reach 0.5 g/l of alcohol in the blood (0.25 mg/l in exhaled air), an amount that is reduced to 0.3 g/l ( 0.15 mg/l) in the case of novice and professional drivers. Minors cannot ingest any alcohol (0.0 g/l or 0.0 mg/l of exhaled air) if they want to drive a scooter, a bicycle or a moped of up to 125 cc.

The penalty for failing a blood alcohol test ranges from 500 to 1,000 euros and the loss of between 4 and 6 license points, depending on the rate. Driving under the influence of alcohol is considered a crime from 0.6 mg/l of exhaled air or 1.2 g/l in blood, as stated in the Penal Code. Refusal to submit to alcohol tests is also punishable by imprisonment from six months to one year and deprivation of the right to drive from one to four years.

In addition, it must be remembered that when a driver tests positive for alcohol, the vehicle is immobilized.