In Spain, ways for drivers to contest speeding fines are once again being discussed. A TikTok user known as @juliwheels shared his experience when he was fined for driving at 106 km/h in a 100 km/h zone. He highlighted two important points that may determine whether such a fine needs to be paid.
The first point concerns photographic evidence of violations. If a fixed speed camera operates on the road without traffic police present, the fine notice must include two photographs: one showing the general view of the vehicle and another clearly displaying the license plate. This requirement is established in clause 1.10 of ICT/155/2020, which regulates the monitoring of measuring devices. If one of these photos is missing, the driver has the right to contest the fine and avoid paying it.
The second point relates to the permitted margin of error for speed measurement. It was previously thought that speed cameras allowed a 7% margin of error and that if the excess speed did not surpass this, the fine could be avoided. However, after legislative changes introduced by a new ministerial directive, these standards have been revised. Now, for fixed and mobile speed cameras, a margin of 3 or 5 km/h applies for speeds up to 100 km/h, and a margin of 3% or 5% for speeds above 100 km/h, respectively. As a result, the previous 7% rule no longer applies.
Experts emphasize that drivers should carefully review any notifications regarding fines. If the documentation lacks the required photo evidence, this can serve as grounds for filing a complaint. At the same time, previous tolerance margins for error can no longer be relied upon—new regulations have significantly tightened measurement accuracy requirements.
Overall, the issue of appealing speeding fines in Spain remains relevant for many motorists. Changes in legislation require drivers to be more attentive and knowledgeable about current regulations. It’s important to remember that only by following all formal procedures can one expect to successfully challenge sanctions.
