There have been many jokes about Spanish drivers over the years, and how there is no such thing as Motoring Law in Spain, but we can assure you that this is a complete myth and whether driving as a resident or visitor, it is imperative that you are sensitive to the rules, especially where children are onboard.

Whilst driving in Spain is very different in navigational terms to that in the UK, the health and safety laws are largely identical throughout the EU, with protection of the driver, passengers and other road users being paramount. Do not be fooled into thinking that the Spanish Authorities apply their laid back approach to the law, as all, and particularly regulations relating to child safety, are strictly enforced, and if broken you will be forced to pay a fine- usually on the spot. An inability to speak the language and lack of knowledge are not considered valid excuses, so you won't get away with it just because you are a foreigner! Essentially, children should be carried in a manner that ensures their maximum chances of survival in the event of a serious accident or if the vehicle was forced to make a sudden emergency stop. This means that anyone travelling in a vehicle with up to 9 seats, including the driver, is required to wear an approved safety belt if fitted, and in the case of a minor, EU-CE approved child safety seats which are specially designed for the purpose.

The rules for the safe transfer of minors differ in accordance with age and weight as follows: For babies up to 9 months and up to a weight of 10 kg, a suitable carrycot must be used. This should be laid across the rear seats and secured with a standard safety belt or any specially approved attachment. From a weight of 9kg to 18kg and from 9 months to 3 years of age, child seats facing frontwards or rear-facing towards the seat cushion, should be fitted in the rear of the car and secured as detailed in the seats instructions. As the child grows and becomes more stable, usually from 15kg to 25kg and for children aged 3 to 6 years, a seat adaptor or ‘booster' seat can replace the car seat. The child should feel comfortable in the seat with sufficient back rest and seat belt with a CE-EU approved seat belt adaptor if required. This can be replaced by a smaller booster seat for children from 22kg to 36kg and 6 to 12 years of age, providing additional travelling comfort and maximum security from the standard seat belt. There are three exceptions to these rules for children under the age of 3 years where the child should be protected by an adult seat belt instead, which were introduced for practical rather than safety reasons. These are when travelling in a licensed taxi or licensed private hire vehicle; if the child is travelling on a short distance for reason of unexpected necessity; and if there are already two occupied child restraints in the rear so a third cannot be suitably fitted. Children of 3 years or above may also travel unrestrained in the rear seat of a vehicle where no seat belts are available. Most reputable Car Hire companies will be able to advise you about the driving safety laws in and will usually have child seats available to hire.

Please also note that Spanish law does not allow drivers to carry children below the age of 12 years in the front seat, unless an approved restraint is used. It is also illegal to carry a child in a rear-facing child seat in the front if the car has an active passenger frontal airbag installed. Children of over 1.35 meters in height, or who are 12 years or above can travel in the front or rear of the vehicle, and an adult seat belt must be worn in both cases if available. It is the driver's responsibility to ensure that children under the age of 14 years are restrained correctly in all circumstances and in accordance with the law, however for those over 14 years responsibility is passed to the individual passenger.

The law also extends to vans, buses, coaches, minibuses and goods vehicles, where both children and adults travelling in the front seats are required to use an appropriate child restraint or adult seat belt. There are specific rules applying to coaches and minibuses in accordance with their size and unladen weight. For example, passengers travelling in the rear of minibuses weighing 2 540 kg or less must wear the seat belts that are provided, and the same restrictions apply as previously described for the transfer of babies, children of 12 years and under, children aged 12 and 13 years and passengers over the age of 14 years who remain legally responsible for wearing a seat belt themselves. In larger minibuses (over 2 540 kg unladen weight) and coaches, passengers over the age of 14 years must wear seat belts in the rear seats.

If you are willing to tempt fate then the consequences could be costly or fatal. Failure to wear a seat belt as a driver or passenger, could incur fines of up to 500 euros, with a similar penalty being applied for failure to ensure that a child passenger is using an appropriate child restraint or wearing a seat belt according to the legal requirements described above. Such negligence could also affect any claims against your motor insurance cover in the case of an accident, as well as resulting in civil proceedings for damages, if for example you failed to safely carry someone else's child. The ultimate penalty of course is loss of life, of either yourself or your passengers, which is a genuine risk if failing to take precautions. So be vigilant and have a safer trip.

Photos: Anita Hoop