The card by points was implemented in Spain in 2006 with the aim of reducing the number of deaths on the road. Almost two decades after its entry into force, it can be said that this system, which, according to the General Directorate of Traffic (DGT), makes drivers have to earn the right to drive "day by day" is a complete success. regarding road safety. One fact corroborates this: from the 93 deaths per million inhabitants in 2006, it has risen to 36 in 2022.
Since its implementation, more than 310,000 drivers have lost their license when they ran out of points or with a negative balance, mainly due to offenses related to inappropriate speed or distractions, which are the most common. It must be remembered that the deduction of points for speeding moves in a range that goes from 2 to 6 points and that the penalty for holding the mobile phone with the hand entails the loss of 6 points.
One of the aspects that most attracts the attention of the point-based card system that is applied in Spain is that a person who has lost the balance can continue driving legally. It is a gap that the system presents when the sanction comes through administrative channels, since the process of withdrawing the card is not as agile and fast as when it occurs through the courts. In the latter case, the loss of the driving license is automatic.
"Unlike what happens in other countries, in Spain you can continue driving legally with the balance of points at zero or negative because the system is incorrectly configured," says Mario Arnaldo, president of Associated European Motorists (AEA). “It is one of the failures that the card has for points, which in its day we described as 'typical Spanish'”, adds the leader of the drivers' association.
When a driver loses all the points on the license, an administrative procedure is initiated. The most common thing is that he receives a notification from the DGT, which is in charge of keeping the points tally, but it is something that does not always happen.
If the person affected has not communicated the change of address to the DGT or the bodies that have Traffic powers (Catalonia, Euskadi and nearly 8,000 Spanish municipalities) do not report this loss of points, the institution in charge of road policy in our country will not You can notify the sanction.
In addition, at the beginning of the disciplinary process, the offender can present allegations and later an appeal against the sanction once its administrative processing has been completed, which implies that the procedure is delayed in time. From the notification to the resolution of the allegations, two months elapse in which a driver without a balance of points on his license can continue driving legally.
“It doesn't make sense that a person who has exhausted the balance of points can continue driving legally. Making a comparison with soccer is like allowing a player who has not only received a yellow card but also a red card to continue kicking and playing on the field. Here you can get 20 red cards and nothing happens ”, laments Arnaldo.
Some infractions are configured in the Criminal Code as crimes against road safety and imply the withdrawal of the license. Specifically, these are two very specific cases: driving exceeding the maximum speed allowed by 60 km/h on urban roads or 80 km/h on interurban roads; and driving under the influence of alcohol or drugs, exceeding the legal limit allowed.
Both situations entail the automatic loss of the driver's license and the obligation to take a points recovery course. When the withdrawal of the card is for more than two years, in addition to taking the course, it is necessary to take the exam again to recover the card.
