Today, November 4, the new driver’s license point recovery courses come into force, which are not without controversy: they harm the rights of the drivers who take them, according to a motorists association.
It just came into force the new Ministerial Order that regulates the road awareness and re-education courses for holders of a driving permit or license. Among the new features that are incorporated, The new courses reduce the points that can be recovered from 6 to 4 drivers when taking the partial recovery course, a controversial point on which the drivers’ defense association, Associated European Motorists (AEA), has appealed “in extremis” before the National Court. AEA has requested that it be provisionally suspended because it seriously harms the rights that the law recognizes for the motorists who carry them out.
The association has delayed the presentation of this appeal until the last moment waiting for the Minister of the Interior, Fernando Grande-Marlaska, to correct an error such as is that the points that must be recovered are not 4, as your department claims, but 6 as established by the Road Safety Law.
It’s against the law
The drivers association considers that the wording that the Minister of the Interior has given articles 3 and 4 of Order INT/914/2024, which has just come into force, violates the principle of normative hierarchy established in article 9.3 of the Constitution. The Road Safety Law itself approved by Parliament established, for more than 15 years, that “The holder of a driving permit or license who has lost a part of the initial credit of points assigned, may opt for their partial recovery up to a maximum of six points, only once every two years, carrying out and successfully passing a road awareness and re-education course, with the exception of professional drivers who may take the aforementioned course annually.”
The Minister cannot decide
For the president of AEA, Mario Arnaldo, “the new regulation by the Ministry of the Interior represents a reduction in the rights that the Cortes granted unanimously by all parliamentary groups, more than 15 years ago, to motorists who wanted to recover points. by taking an awareness course. Therefore, if the aim is now to reduce the points that can be recovered with these courses from 6 to 4, It will have to be Parliament, and not a Minister, who decides.”
Other changes coming into effect
Other news significant aspects of the aforementioned Ministerial Order that updates the driving license point recovery courses and that come into force are:
–time is increased intended for group dynamics, considering that students internalize the messages better and allows psychologists to appreciate how students accept them.
-They are created new offending profiles: distractions, reckless behavior in motorists, speed, alcohol and other drugs, reckless behavior and penalties that are assigned to students based on the infractions committed and for which they have lost the points for the delivery of the specific part of the course. For years, distractions have been the first factor contributing to fatal accidents, and motorcyclists are one of the groups that has increased the most in accidents in recent years.
–Victim participation on a mandatory basis, since in almost twenty years of experience its effectiveness in changing attitudes has been demonstrated.
-You can apply new technologies in the specific part of the courses, with the possibility that the content of said part can be done online through teletraining or virtual classroom.
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