What fine can they give me for using the car without a reason under the State of Alarm?

What fine can I be given for using the car without a reason under the State of Alarm? It is important to remember that last Saturday, our country’s Government declared the State of Alarm. The purpose of this state of exception is to curb the spread of the Coronavirus, Covid-19.

At the time of writing this article, in Spain there are 8,794 infected people and around 297 dead. Given this extremely serious health alert, the movement of citizens has been restricted throughout the country, so any movement without a reason can lead to a fine.

What fine can I be given for using the car without a reason under the State of Alarm?

As we have mentioned, the implementation of the State of Alarm in Spain seeks to reduce the likelihood and the number of infected people and thus avoid a possible collapse of health services.

The Royal Decree published in the Official State Gazette (BOE) of 14 March provides that citizens may use the car to go to workplaces, hospitals and health centres, financial institutions, to buy food, pharmaceutical and essential products, to return to their usual place of residence, to assist elderly people, minors, dependants, persons with disabilities, or for “any other activity of similar nature duly justified”.

Failure to comply with the State of Alarm may entail a series of fines and financial penalties. The article 20 of the Royal Decree published in the Official State Gazette (BOE) itself stresses that fines range from 100 to 600,000 euros. The most serious cases will carry prison sentences from three months to one year.

What does the Royal Decree provide? First of all, a distinction must be made between four types of infringements: against public safety, against public health, against civil protection, or even under the Criminal Code. However, the fine you can receive for using the car without a reason can reach up to 30,000 euros, while the most affordable one is 601 euros.

Driving the car without a reason under the State of Alarm is a offence covered by the Citizen Security Act.

What other fines can I face for not complying with the recommendations of the State of Alarm?

As we have mentioned, the Citizen Security Act regulates, among other aspects, the circulation of vehicles.

Fines of 100 to 600 euros: these will be aimed at persons who “remove or move barriers, kerbs or other fixed or mobile elements placed by the Security Forces and Corps to delimit security perimeters”.

Fines of 601 to 30,000 euros: persons who disobey or resist the authority or even the agents in the exercise of their functions. Refusing to be identified also carries a fine.

Regarding the Public Health Act, the fines you may face are much harsher.

Fines of 30,001 to 60,000 euros: “conduct or omissions that may produce a risk or serious harm to the health of the population”.

Fines of 60,001 to 600,000 euros: “conduct or omissions that may produce a risk or very serious harm to the health of the population. Repeated failure to comply with instructions received from the competent authority”.

Breaching the Civil Protection Act also carries significant fines.

Fines of 30,001 to 600,000 euros: “failure to comply with orders, prohibitions or instructions that endanger the safety of persons or property. Where the risk is of particular danger, the amount may increase from 1,501 to 30,000 euros”.

Furthermore, if someone is not satisfied with the above amounts, the State of Alarm will rely on the Criminal Code, under which persons who seriously resist or disobey the authority of agents in the exercise of their functions may be imprisoned for a period of three to twelve months or six to eighteen months.