Entry into force of the new Traffic, Circulation and Road Safety Law

On 31 January 2016 the new revised text of the Law on Traffic, Circulation and Road Safety, approved by RDLeg 6/2015, of 30 October, will come into force, which involves the repeal of the previous text of 1990 and its recast in a new one that aims to be more complete and clear.

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This new regulation on traffic and road safety, which was published in the BOE on 31 October 2015, has been dictated by virtue of the empowerment given to the Government by the Disp. Final 2ª of Law 6/2014, of 7 April, which expressly authorised the Government to approve a revised text that would include both the text of the Law on Traffic, Circulation of Motor Vehicles, approved by RDLeg 339/1990, and the successive laws that have been amending it, including the provisions of the amending laws that were not included in the 1990 text.

On 31 January 2016, the new revised text of the Law on Traffic, Circulation and Road Safety, approved by RDLeg 6/2015, of 30 October, came into force, repealing the previous text of 1990 and recasting it into a new text that aims to be more complete and clearer.

This new regulation governing traffic and road safety, which was published in the Official State Gazette on 31 October 2015, has been issued by virtue of the authorisation given to the Government by Disp. Final 2ª of Law 6/2014, of 7 April, which expressly authorised the Government to approve a revised text that integrates both the text of the Law on Traffic, Circulation of Motor Vehicles, approved by RDLeg 339/1990, and the successive laws that have been amending it, including the provisions of the amending laws that were not integrated and included in the text of 1990.

Mainly, the new text entails:

• to compile the numerous regulations that have modified the text of the Traffic Law, with the aim of incorporating those whose application is in force and which, due to their content, should form part of this recast text, ordering and renumbering them;
• update the vocabulary used, including grammatical issues;
• to unify the use of certain terms that have been used differently throughout the text, in order to give it the necessary internal cohesion
• adjusting the cross-references and concordances of the articles of the previous text and, therefore, changing their numbering, even dividing some articles of great length into several precepts with less content and, therefore, better definition and understanding.
• adapt its content to the amendment of Law 30/1992, of 26 November, on the Legal Regime of Public Administrations and Common Administrative Procedure (EDL 1992/17271), by Law 15/2014, of 16 September, on the rationalisation of the Public Sector and other administrative reform measures (EDL 2014/144496);
• transpose Directive (EU) 2015/413, facilitating the cross-border exchange of information on traffic offences in the field of road safety, which had been included in Final Disp. 2ª of Law 35/2015, of 22 September, on the reform of the system for the assessment of damages caused to persons in traffic accidents, which is repealed as it is understood that, due to its content, it should be included in this recast text;
• to modify the numbering of the articles of the general table of offences, among other precepts, replacing the single precept listing all of them with several articles, one for each offence depending on its classification as minor, serious or very serious.
• The content is adapted to the recent administrative reform that has converted the BOE into a single edictal board, making publication on the Traffic Penalties Edictal Board (TESTRA), which until this reform was the only and mandatory form of publication of traffic notifications, voluntary. It also provides for the possible integration of the TESTRA into the Single Traffic Notice Board, as well as of the Electronic Road Electronic Address (DEV) into the Enabled Electronic Address (DEH), when justified reasons of efficiency in the provision of the service make it advisable to do so.
• repeal RDLeg 339/1990 and Final Provision 5 of Law 35/2015, of 22 September, on the reform of the system for the assessment of damages caused to persons in traffic accidents (EDL 2015/156576), insofar as it affects the entry into force of the content of Final Provision 2 of the same Law 35/2015.

It should be noted, however, that although the recast text as a whole enters into force on 31 January 2016, Chapter V "Cross-border exchange of information on traffic offences" contained in Title V "Penalties", as well as Annexes V, VI and VII, already entered into force on 1 November 2015.

As regards the basic structure of the recast text, the regulation consists of a single article containing all the regulations that are brought together and ordered. The text has been endowed with seven titles (a preliminary title plus six others) which are divided into systematised chapters which, in turn, contain the articles. It also incorporates eleven additional provisions, three transitional provisions, three final provisions and six annexes.

The titles are as follows:

• Preliminary Title. General Provisions;
• • Title I. Exercise and coordination of powers over traffic, motor vehicle circulation and road safety;
  • Title II. Rules of behaviour in traffic;
  • Title III. Signalling;
  • Title IV. Administrative authorisations;
  • Title V. Penalties;
  • Title VI. National Register of Traffic Accident Victims.

The regulation also incorporates two additional provisions, the first with regulatory references and the second with a provision not to increase public spending as a result; a Repealing provision, which expressly repeals the text approved by RDLeg 339/1990, as well as the laws that have modified it; and a Final provision that establishes its entry into force.

Remember that our traffic accident lawyers are at your disposal for any question related to traffic accidents.