English Translation 08/V-74
INSTRUCTION 08/V-74 FROM THE SPANISH DIRECTOR GENERAL OF TRAFFIC RELATIVE TO MOTORHOMES
MINISTRY OF INTERIOR
Subject: Motorhomes
Instruction 08/V-74
The steady growth that has been experienced in recent years in the use of motorhomes in Spain together with the lack of specific regulations of some aspects related to this activity, has led to the adoption at the plenary session of the Senate for a motion urging the Government to take the necessary measures to support the development of this practice and regulate the use of motorhomes.
For this reason, the Director General of Traffic has recognised the need to collect and interpret in a single document, all regulatory aspects that relate to motorhomes, and to include in traffic and motor vehicle legislation.
1. - CONCEPT
Annex II of the General Rules of Vehicles, approved by Royal Decree 2822/1998, of December 23, defines a motor home as "a special purpose vehicle built, including living accommodation, and containing at least the following equipment: seats and table, beds and bunk beds that can be converted into seats, kitchen and wardrobes or the like. This equipment will be permanently fixed or attached to the living compartment. The seats and the table can be designed to be easily disassembled. "
This and other definitions of “vehicles” are the result of the disappearance of any existing guidelines on the matter. Specifically the Commission Directive 2001/116/EC of 20 December 2001 by which technical progress is adapted to Ruling 70/156/EEC on the approximation of laws of Member States concerning the approval of motor vehicles and trailers, paragraph 5.1 of section A of Annex II refers to a motorhome as "any special category M vehicle manufactured to include accommodation with the following minimum equipment: seats and table, beds that may be converted from the seats, kitchen and wardrobes. This equipment will be firmly fixed or attached to the habitable zone, although the table may be designed to be easily removable."
Category M vehicles ("motor vehicles with at least four wheels, designed and manufactured for the transportation of passengers") and although the Ruling (116/2001/CEE) does not say so explicitly, it can be inferred that having maximum capacity for eight seats (excluding the driver), we are referring to M1 vehicles. However, section 1 of section C of Annex II Instruction 2001/116/EC, referring to the types of bodywork of passenger cars (M1), mentions the following: AA saloon, AB saloon with a rear hatch, AC shooting break, AD coupé, AE Convertible and AF Multi Use, not referring to Motorhomes in the said paragraph 1, but does so in paragraph 5, within another category of vehicles called "special vehicles" (1).
Therefore, allowing that it deals with vehicles of category M1, the body/coachwork is not included in the category for passenger cars but in the category of so-called "special vehicles", which is not surprising since they are built on the chassis of commercial vehicles used commonly for the manufacture of vans and light trucks, where the length typically ranges between 5.50 m. and 8.00m, the average height is around 3.00 m. and the maximum permissible weight is very frequently 3,500 kg, and in some cases even more, characteristics that have nothing to do with the usual passenger car, and which affects manoeuvrability, on breaking distance, behaviour turning, etc.
Therefore, notwithstanding the existence of a series of vans, where the interior has been conditioned with accommodation, commonly known as "Camper", it can be concluded that motorhomes are normally "special purpose vehicles of category M1", whose existence is referred to, among others, in Article 2.2 of the Instruction 2001/116/EC of the commission, different to passenger cars and therefore worthy of a specific regulation in some precise areas such as in determining the maximum speed limits on roads outside of town. To the contrary, in other aspects such as circulation, stopping and parking, these are governed by the rules applicable in general to all motor vehicles.
2. - MAXIMUM SPEED
Article 48.1 a) General Rules of Circulation, approved by Royal Decree 1428/2003, of November 21 establishes the speed limits for motor vehicles on main roads out of town under the following terms:
A) Motor Vehicles
1.On motorways and freeways (autovias): passenger cars and motorcycles 120km / h; buses, vehicles derived from passenger cars and adapted hybrid vehicles, 100km / h; lorries, articulated vehicles, tractor lorries, vans and passenger cars with trailers of up to 750 kg., 90 Km / h; remaining passenger cars with trailer: 80 km / h.
2.On conventional roads marked as freeways (autovias) and on the rest of conventional roads as long as these have a hard shoulder of 1.50 m. or more in width, or more than one lane for one of the directions of traffic: passenger cars and motorcycles, 100 Km / h; buses, vehicles derived from passenger cars and adapted hybrid vehicles, 90 Km / h; lorries, articulated vehicles, tractor lorries, vans and passenger cars with trailers 80km / h.
3.On the rest of roads, out of town: passenger cars and motorcycles 90 Km / h: buses, vehicles derived from passenger cars and adapted hybrid vehicles, 80km / h, 70 km / h. lorries, articulated vehicles, tractor lorries, vans and passenger cars with trailers 70km / h.
4.On any kind of road where circulation of traffic is permitted: three wheel vehicles and quads, 70 km / h.
As motorhomes are “special category M1 vehicles" and different to passenger cars, it is considered justified not to apply the same speed limits, outside of town, as passenger cars, but to apply the speed limits for other vehicles of category M (destined for the transport of passengers), which would result in the following speed limits:
- On motorways and freeways ............................................................... 100 Km / h
- On conventional roads marked as roads for motor vehicles and roads with a hard shoulder of at least 1,50 m. width or with more than one lane for one of the directions of traffic ......................................................................................................... 90 Km / h
- On the rest of roads, out of town ............................................................ 80 Km / h
The following speed limits will apply to motorhomes which are driven without trailers, classified on the MOT card with the following codes:
- 3148 (mixed vehicle/accommodation)
- 3200 (unspecified motorhome with MMA less than or equal to 3,500 kg.)
- 3248 (motorhome with accommodation with MMA less than or equal to 3,500 kg.)
The motorhomes classified with codes:
- 3300 (unspecified motorhome with MMA over 3,500 Kg.)
- 3348 (motorhome with accommodation with MMA over 3,500 Kg.)
- 2448 (Van with accommodation)
will be governed by the same speed limits as for lorries (on account of the maximum permissible weight = MMA) and the rest of vans: 90 Km / h on motorways and freeways, and 80 km / h on conventional roads.
On urban roadways, regardless of the classification code, motorhomes will be subject to the general speed limit for all vehicles of 50km / h, as stipulated in Article 50 of the General Traffic Regulations.
3. - STOPPING AND PARKING
Under the heading "Stopping and parking," the General Traffic Regulations regulate in Chapter VIII (Articles 90 to 94), the rules applicable to these manoeuvres, regarding places where these manoeuvres can be made, method and form of execution, position of vehicle, Municipal Ordinance and prohibited places, which must be observed by all vehicles in general.
3.1 urban roadways
Regarding places where stopping and parking in urban streets should be carried out, Article 90.2 of the General Traffic Regulations indicate in the second paragraph what should be observed in effect of the provisions of the ordinances decreed by the Municipal Authorities, in connection with which Article 93 states:
1. The regime of stopping and parking in urban streets will be regulated by municipal ordinance, and the necessary measures may be taken to prevent the obstruction of traffic, including time limits for the duration of parking or stopping, as well as the precise corrective measures, including the clamping or towing of the vehicle when a valid parking ticket is not displayed which authorises parking in zones limited by time or exceed the time limit granted and until the identity of the driver can be ascertained.
2. In no event may the municipal ordinance oppose, alter, distort, or cause confusion with the precepts of this regulation.
One of the most frequent complaints made before the Traffic Department by users of motorhomes is the prohibition to park which is applied to these vehicles, in part or in entirety, on the urban streets and which some municipalities incorporate into their ordinances.
These regulations are made under Article 7 of the articles of the Law on Traffic, Traffic and Motor Vehicle Safety, approved by Royal Decree 339/1990 of March 2, which give municipalities a series of competencies, within that law, including:
b) The regulation by Municipal Traffic Ordinance on the use of urban roads, making compatible the fair distribution of parking among all users, with the necessary flow of traffic, as well as the establishment of limited parking, to ensure the rotation of parking, ..”
Therefore, in the opinion of the General Director of Traffic it is indisputable that the exclusion of certain users must be necessarily motivated and based on reasonable objections such as the external dimensions of the vehicle or the maximum permissible weight (MMA) of the vehicle but not by use of subjective reasons such as: possible uncivilised behaviour by some users such as noise at night, dumping of garbage or waste water onto the public road, monopolization of public space by erecting structures and furnishings or other situations of abuse against which local authorities have effective legal tools to be used in a non-discriminatory manner against all violators, whether users of motorhomes or any other type of vehicle.
Motorhome users are permitted to carry out manoeuvres of stopping and parking in the same conditions and with the same limitations as any other vehicle.
With regard to the mode and manner of implementation of stopping and parking, Article 91 of the General Traffic Regulations states that these exercises "should be made so that the vehicle does not hamper the circulation of traffic nor is a risk to other users the road, especially observing the positioning of the vehicle and avoiding that the vehicle is able to move in the absence of the driver.
As to the positioning of the vehicle, the cited Article 92 of the General Traffic Regulations state:
"1.Stopping and parking will be conducted by placing the vehicle in parallel to the kerb of the street or roadway. As an exception, an alternative positioning will be permitted when the characteristics of the street or roadway or other circumstances so warrant.
2. Any driver who stops or parks the vehicle must do so in a way that allows a maximum use of the remaining space available.
3. In the case of a motor vehicle or motorcycle, when the driver has to abandon the vehicle, the following rules should be observed, where applicable:
a) Stop the engine and disconnect the ignition and, if leaving the vehicle, take the necessary precautions to prevent its unauthorized use.
b) Engage the hand-brake.
.
c) In a vehicle equipped with gearbox, leave the first gear engaged if parked on an upward slope, and the reverse gear engaged if parked on downward slope, or, in the parking position if automatic
.
d) When the vehicle is superior to 3,500 kilograms of maximum permissible weight (MMA), a bus or coach or a combination of vehicles, and when stopping or parking is conducted in a place with a marked slope, the driver must also use proper wheel blocks; stones, bricks or other items not specifically intended for this use cannot be used, nor by resting one of the wheels on the kerb of the pavement, nor by inclining the wheels towards the centre of the road on upward slopes nor outwards on downward slopes. The wheel blocks must be removed from the road after use and prior to driving away.
The General Traffic Regulations do not establish any other conditions for stopping or parking a vehicle, so, therefore, this General Directorate of Traffic believes that while any vehicle is parked properly, without exceeding markings on the delimitation of the parking space, nor exceeds the time permitted, if any, it is irrelevant whether the occupants are inside the vehicle, and the motorhome is no exception, being sufficient that the activity in the interior does not transcend to the exterior by the setting up of elements which surpass the perimeter of the vehicle such as stalls, awnings, levelling devices, stabilizing devices, etc.
3.2 intercity routes (Highways)
Article 90.1 of the General Traffic Regulations defines the places where stopping and parking should be carried out on intercity routes noting that this should be done as far away from the roadway, on the right hand side, leaving part of the hard shoulder free for transit.
In general, on motorways and highways it is forbidden to carry out manoeuvres of stopping and parking for all vehicles, except in areas specially assigned for these manoeuvres.
The General Traffic Regulations, Article 91, on stopping and parking on intercity routes concerning the method and manner of implementation already covered in the previous point, as well as the considerations in relation to parking in urban streets and the presence of people inside a vehicle correctly parked, without prejudice to the possibility of parking in areas of service stations or on private land where other conditions can be agreed with the owners.
Other concepts in some way associated with the parking of motorhomes, such as camping and overnight stays are not included in the rule on circulation of motor vehicles and road safety, therefore, this agency cannot pronounce on the definition or on the implications.
4. - SEAT-BELT USE AND RESTRAINT DEVICES
Seat belts or other approved restraint systems, properly fastened by the driver and passengers of motor homes in both urban and intercity routes must be used.
Failure to meet this obligation by certain people depending on their size and age to match the following requirements:
1. - Front seats: It is forbidden to circulate with minors under twelve years of age in the front seats unless they use devices approved for that purpose. Exceptionally, when the height of the minor is equal to, or in excess of, 135 cm, children of twelve years may use as such a device the same seat belt for adults that are equipped in the front seats.
2 .- Other seats: People whose height reaches 135 cm and does not exceed 150 cm may use either an approved restraint system adapted to their height and weight or seat belts for adults that are equipped in the these seats.
3 .- In motorhomes that are not equipped with approved safety devices specially adapted to the size and weight of the users, children under three years of age will not be permitted to travel and those older than three years that have failed to reach the 135-centimeter, can not take a front seat.
The rules as set out completely exclude the possibility of occupying the beds or bunks of a motorhome whilst in circulation, due to the obvious risk to the occupants in the event of sudden braking, collision or rollover, but you can occupy seats equipped with approved retention systems, provided that the number of people travelling in the vehicle, either in the cockpit or in the living area, does not exceed the legally permitted places that are recorded in the documentation of the vehicle.
5. - EQUIPMENT
The minimum equipment which a motorhome should carry, will be in accordance with Annex XII of the General Rules of Vehicle, as follows: One set of replacement light bulbs, in prime condition and the necessary tools to change the light bulbs; two portable, red, triangle devices to forewarn of danger; a spare wheel or a temporary wheel with the necessary tools required to change the wheel or an alternative system, which offers sufficient guarantee for the mobility of the vehicle.
Likewise, when drivers leave the vehicle and occupy the road or the hard shoulder on intercity routes a high-visibility reflective vest, certified according to the Royal Decree 1407/1992, of November 20, must be used.
6. - TECHNICAL INSPECTION (MOT)
According to Royal Decree 711/2006, of June 9, in which certain royal decrees relating to the MOT inspection of vehicles and vehicle spares and parts and the approval of vehicles, has been modified, therefore the General Vehicle Regulations, approved by royal decree 2822/1998 of December 23, the following frequency of inspection to the motorhome and living accommodation:
Age of vehicle:
- Up to four years: exempt.
- More than four years: every two years.
- More than ten years: annual
7. – SERVICE AREAS OR REST AREAS
These are facilities designed specifically to service or host motorhomes providing a range of necessary services for these vehicles, primarily: parking, drinking water supply and place to empty deposits.
Unlike Camp Sites, service or host areas provide the physical space strictly necessary to park the vehicle and can be publicly or privately owned.
There are about 60 such facilities in Spain, for which, through the motion by the full Senate on May 9, 2006, the Government was urged to create a traffic road sign within the road signal service area.
The General Directorate of Traffic believes that, without prejudice to the future design and inclusion in the official catalogue of traffic road signs of a specific design indicating the location of a service or host area for motor homes, the current signal S-122 "other services” in the official catalogue of traffic signs added to Annex I of the General Rules of Circulation allows this need to be satisfied by including a simple pictogram.
8. - AUXILIARY TRANSPORT VEHICLES
It is very common for motorhomes to transport auxiliary vehicles, usually bicycles, a motorcycle or a moped of small cylinder capacity. This practice is authorised provided an approved cycle carrier or platform for this purpose is used and when this overhangs the perimeter of the motorhome, the following conditions are met in accordance with the provisions of Articles 15 of the General Rules of Circulation:
If it protrudes from the projection in plant of the motorhome, at the rear, up to 10% of its length and if only one vehicle (indivisible load), 15%.
All appropriate precautions should be taken to prevent damage or hazard to other road users, and the protruding element should be protected to minimize damage by possible rubbing against it or collision.
The carrier should be marked by the signal V-20 referred to in Article 173 and whose features are set out in Annex XI of the General Rules of vehicles. This signal is placed at the rear of the cargo so as to constantly be perpendicular to the axis of the vehicle.
Consultations have also been made on the possibility of a motorhome being allowed to tow a car, that possibility is prohibited by Article 9.3 of the General Rules of vehicles that will not allow circulation of a motor vehicle dragging another, except that this is damaged or broken down and cannot be towed by another specifically intended for that purpose, in which case it is allowed to tow to the nearest town or village where it can be detained without hindering the traffic and always provided they are not travelling on a motorway or highway.
Notwithstanding the foregoing, the circulation of a combination composed of a motor vehicle and a trailer or semi trailer on which another vehicle is transported, is allowed if the combination meets the conditions for driving on public roads and is approved according to Directives 70/156/EEC and 94/20/EC and also does not exceed the maximum permitted length for these combinations which is that of 18.75 meters for trailers and16.50 meters for semi trailers.
To be made public for general knowledge.
Madrid, Jan. 28, 2008
THE DIRECTOR GENERAL
Pere Navarro Olivella
TO BE DISTRIBUTED TO ALL UNITS OF THE AGENCY
lol
