If we do a quick search for the sanctions that the DGT can impose on us if we fail to comply with any rule when overtaking, it is easy to find articles that talk about different amounts. However, the solution is easy and is found in article 76 C) of the Law on Traffic, Circulation of Motor Vehicles and Road Safety:
Failure to comply with the provisions of this law regarding right of way, overtakingchanges of direction or direction and reversing, direction of traffic, use of lanes and shoulders and, in general, any violation of special traffic regulations for reasons of safety or fluidity of traffic
Article 76 of the Traffic Law refers to serious infractions. These are the ones punished with a 200 euro fine. Economic punishment that is also accompanied by the subtraction of four points on the driving license, as we can see in Annex II of that same text.
Furthermore, if when overtaking the minimum distance of 1.5 meters with a cyclist has not been left or if it is considered that we are impeding their progress or endangering their safety, six points will be subtracted from the driving license.
But, for these cases, there are some exceptions that we must take into account and that the DGT itself clarifies, among other places, on its own social networks, as you can see below.
Exceptions to “prohibited overtaking”
As the DGT itself expresses in its previous tweet, there are some exceptions that prevent the harsh sanctions described above from being applied, as long as a series of circumstances exist.
Overtaking on the right
When we travel on a road outside of a town, we must always do so on the right, so overtaking is restricted to the left lane or those located further to the left.
Fine: 200 euros and four points on your driving license.
Exception: The fine is not applied if the driver of the vehicle is indicating his intention to change direction to the left or stop on that side. Nor if the traffic density is so high that the cars occupy the entire width of the road and the speed of the right lane exceeds that of the left. Nor if you are traveling in an acceleration or deceleration lane and overtake a car that is traveling in one of the lanes of the road.
Overtaking at an intersection
At an intersection between roads, overtaking is prohibited as there is a risk that the vehicle that overtakes a slower one will collide with the car that is about to enter the same road.
Fine: 200 euros and four driving license points
Exception: Overtaking may be done if the road where the maneuver is carried out is clearly marked that this is the road that has priority over the one adhering to it. The signal can be a P-1, which you can consult in this link.
Overtaking at a level crossing
At level crossings and their surroundings, overtaking is prohibited since we could incur a very dangerous situation if a train approaches on the tracks that we are going to overcome.
Fine: 200 euros and four points on your driving license.
Exception: You can overtake two-wheeled vehicles that do not impede lateral visibility and as long as the level crossing has good visibility to perform the maneuver.
With continuous line
Traffic regulations require that overtaking be carried out in areas with broken lines.
Fine: 200 euros and four points on your driving license.
Exception: That the vehicle in front is immobilized and there is no risk to other drivers when occupying the opposite lane. Nor if the vehicle in front is a moped of less than 50 cc and whose maximum speed is 45 km/h (they use a yellow license plate), an animal-drawn vehicle or a pedestrian. We must leave at least 1.5 meters of separation.
Overtaking a cyclist with a solid line
As we said, the rule requires drivers to always overtake with a broken line, but there are some exceptions that apply to cyclists.
Fine: 200 euros and four points on your driving license. Six points if the cyclist’s circulation is put at risk or hindered.
Exception: You can overtake a cyclist with a continuous line as long as you leave at least 1.5 meters of distance and do not put the circulation of users approaching from the opposite direction at risk.
Overtaking in a tunnel
As a general rule, overtaking in tunnels is also prohibited.
Fine: 200 euros and four points on your driving license.
Exception: It is possible to overtake a vehicle traveling at a lower speed in a tunnel as long as there are two or more lanes in the same direction of travel.
Photo | Robert Calvert
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