No! You Can´t Ignore the Signs in Car Parks!

In general terms, traffic law still applies in car parks, and other locations such as golf courses, industrial and commercial parks, in fact, most places where roads exist.

As Article 1 of Spanish Traffic Law explains, any public or communal road will be subject to traffic law regardless of whether the land is public or private.

In general, the traffic laws, movement of motor vehicles and road safety matters contained both in Spanish Traffic Law and other relevant provisions elsewhere, will be applicable throughout the national territory. They will apply to owners and users of roads and public land suitable for traffic circulation, both urban and interurban, as well as those roads and land that are in common use and in the absence of other rules, to those of private roads and land that are used by an indeterminate community of users.

Commonly used roads and land refers to places open to the free movement of vehicles. The roads on which these vehicles circulate will be subject to the Road Safety Law. Vehicles must have passed the ITV (technical inspection), have current insurance and drivers will be required to be in possession of a driving licence corresponding to the category of vehicle being driven. Many drivers and occupants make the mistake of thinking that when driving on rural roads which are neither asphalted nor signposted as such, road safety regulations do not apply and are often punished for not using a seat belt or talking on a mobile phone.

There is an exception, which describes an “indeterminate community of users”, meaning that not only the owner has access, but that other users can also have access.

A clear example would be a supermarket where the owner of the car park opens it for customers. During business hours has its barriers open. A customer enters the parking area and as it is an undetermined community of people who similarly use the parking area, the rules that govern are the general ones. Therefore, the way to proceed is the same as in a public area.

However, the supermarket closes the car park barriers at 22:00, from that moment, there is a strictly private use of it, so from that moment the owner of parking area, anyone authorised, such as security guards, will not be governed by traffic law.