Lawyer Claudia Romero says drivers may have grounds to challenge some radar-based speeding fines in Spain, potentially saving money and points on their licence. The evidence accompanying the notification can be impressive, but a photograph is only one part of the administrative record.
Romero highlights the number and type of photographs included with a fine. Under the metrological structure in Order ICT/155/2020, requirements depend on the instrument and its approved configuration. For certain unattended systems that cannot track a vehicle continuously during measurement, the evidence must include two distinct images taken at different moments: one showing the vehicle in context and another clearly identifying its registration plate.
When a Fine May Be Invalid
Order ICT/155/2020 sets metrological requirements for certain traffic-measuring instruments, including speed-measurement equipment. Where the relevant device configuration requires two images, a notice containing only one, or two images that are merely the same frame and a digital enlargement, may raise an evidentiary issue. Whether that affects the validity of a fine depends on the radar model and the documentation in the case file.
Not every single-image notice is automatically void. Some fixed radar models may use a single image when their approved configuration and tracking capabilities allow it. The basic is whether the equipment was approved for that method and whether its metrological verification and supporting records are in order.
What to Check Before Responding
Romero advises motorists to check that the notice identifies the issuing authority and case number. It should give the location and date, state the measured speed against the applicable limit, and identify the radar equipment used. Spanish enforcement falls to different authorities: the Dirección General de Tráfico (DGT) generally oversees state-controlled roads, while regional and municipal bodies may operate their own systems. The issuing authority matters because procedures and evidence practices can differ.
Drivers should also check that the images are clear and legible and that the file includes the radar’s type approval and periodic metrological verification. A blurred image or an apparent duplicate can be relevant, but neither alone establishes that the speed measurement was invalid. What matters is whether the complete evidence and procedure meet the requirements for that device.
In cases of doubt, Romero recommends not ignoring the notice. Drivers can submit allegations by the deadline stated in it and request access to the evidence supporting the penalty. They should also distinguish this process from the separate obligation to identify the driver when required. The DGT publishes information about fixed and mobile controls, including road sections monitored by mobile radars. In one campaign on secondary roads, it reported checking more than 500,000 vehicles between 19 and 25 October. That figure refers to vehicles checked during the campaign, not penalties issued nationally.
Deadlines and Consequences
The notice generally gives drivers 20 calendar days from notification to pay with a 50% reduction or submit allegations. Choosing the reduced-payment option normally waives the ordinary route for contesting the penalty; challenging it means giving up the discount and risking the full fine if the appeal fails. Drivers should follow the exact deadline and procedure stated in the notice. Missing a deadline can move the case into enforcement and lead to additional charges.
The consequences may include a fine and penalty points, depending on the recorded speed and the applicable offence category. A careful review of the radar identification and supporting records, including the images, can matter when deciding how to respond. For more on legal and financial strategies in Spain, a local entrepreneur's story of building a multi-million euro gym chain from a modest investment offers further understanding into navigating Spanish regulations and opportunities: see how business strategy and compliance shaped Vitalfit's success.
