Spain: driving hours and tachograph fines under the LOTT
What it costs in Spain to exceed driving time, cut rest or tamper with the tachograph: fines under Law 16/1987 (LOTT), who pays and when the truck is stopped.
General information, not legal advice.
In brief
In Spain, exceeding driving time or cutting rest is fined under the LOTT (Law 16/1987) with €100 to €6,000 depending on how serious it is (arts. 140 to 143). The holder of the transport authorisation pays. Tachograph tampering costs €4,001 to €6,000 and allows the vehicle to be immobilised.
Key points
- Spain: more than 1 hour over daily driving is a serious breach, €401 to €600 (LOTT arts. 141.24.2 and 143.1.d).
- More than 2 hours over daily driving, or over 6 hours without a break, is very serious in Spain, €1,001 to €2,000 (art. 140.37.3, 140.37.4).
- Tachograph tampering in Spain: €4,001 to €6,000 and immobilisation of the vehicle (LOTT arts. 140.10 and 143).
- No driver card inserted, or someone else’s card, is very serious in Spain: €2,001 to €4,000 (art. 140.22 LOTT).
- Spanish fines fall on the holder of the transport authorisation (LOTT art. 138.1.a), not on the driver as such.
In this article6 sections
In Spain, exceeding driving time or cutting rest is fined under the LOTT (Law 16/1987) with €100 to €6,000, depending on how serious the breach is (arts. 140 to 143). The fine goes to the holder of the transport authorisation. Tampering with the tachograph costs €4,001 to €6,000 and the truck can be immobilised.
This page is for hauliers and transport planners outside Spain whose drivers work there. The limits themselves come from Reg. 561/2006 and are the same across the EU. The fines are Spanish, and they work mostly in hours of excess, with a few percentage thresholds on top. We read the consolidated text of the LOTT on the BOE, Spain’s official gazette, last updated on 15 April 2026.
Who is liable
Spain does not fine the driver as such. Art. 138.1.a puts the liability on “la persona física o jurídica titular de la concesión o de la autorización”, the person or company that holds the authorisation.
One exception. With tachograph tampering, whoever did it and whoever helped are liable too.
The scale of fines
The LOTT sorts breaches into very serious (muy grave, art. 140), serious (grave, art. 141) and minor (leve, art. 142). The amount comes from the bands in art. 143.1.
| Breach | Class | Fine | Article |
|---|---|---|---|
| 50 % or more over daily driving, or daily rest below 4 h 30 | very serious | €4,001 to €6,000 | 140.37.1; 143.1.i |
| 25 % or more over weekly or fortnightly driving | very serious | €4,001 to €6,000 | 140.37.2; 143.1.i |
| More than 2 hours over daily driving | very serious | €1,001 to €2,000 | 140.37.3; 143.1.g |
| More than 6 hours driving without a break | very serious | €1,001 to €2,000 | 140.37.4; 143.1.g |
| Daily rest cut by more than 2 h 30 | very serious | €1,001 to €2,000 | 140.37.5; 143.1.g |
| Regular weekly rest taken in the cab | very serious | €1,001 to €2,000 | 140.37.7; 143.1.g |
| Company does not organise the driver’s return every four weeks (art. 8.8a of Reg. 561) | very serious | €1,001 to €2,000 | 140.37.9; 143.1.g |
| International haulage: company does not organise the return after two consecutive reduced weekly rests, or the driver does not take the compensation attached to the regular rest | very serious | €2,001 to €4,000 | 140.37.10 and 37.11; 143.1.h |
| More than 1 hour over daily driving, or daily rest cut by more than 1 hour | serious | €401 to €600 | 141.24.2 and 24.4; 143.1.d |
| More than 5 hours driving without a break, up to 6 | serious | €401 to €600 | 141.24.3; 143.1.d |
| Any other excess or rest reduction | minor | €100 to €200 | 142.17; 143.1.a |
The steps are steep. A daily rest cut by 1 hour 10 minutes is serious. Cut it by 2 hours 40 and it is very serious, with a minimum fine more than twice as high.
Example, 11 hours of driving in a day
A driver drives 11 hours on a day when the limit is 9, because both 10-hour days of the week are used up. The excess is 2 hours, 22 %.
Over 1 hour, so serious: €401 to €600 for the authorisation holder. To be very serious the excess must be “superior” to 2 hours, and at exactly 11 hours it is not. At 11 hours 5 minutes it is, and the band jumps to €1,001 to €2,000.
Five minutes.
If a roadside check catches it while it is happening, the truck can also be stopped (art. 143.4.b). Under the EU classification, 11 hours against a 9-hour limit is a very serious infringement according to Annex I of Reg. 2016/403, as replaced by Reg. 2022/694; from 13 hours 30 it becomes a most serious infringement.
Tachograph and driver card
| Breach | Fine | Article |
|---|---|---|
| Tampering with the tachograph or any of its parts | €4,001 to €6,000, immobilisation, possible loss of the transport manager’s good repute | 140.10; 143.1.i; 143.4.a; 143.5 |
| No tachograph, or a tachograph fitted and not used | €2,001 to €4,000 | 140.20; 143.1.h |
| Driver card not inserted, or another driver’s card used | €2,001 to €4,000 | 140.22; 143.1.h |
Tampering is the most expensive item on the list, and it is the one that reaches beyond the fine: the transport manager’s good repute is at stake.
Immobilisation and repeat offences
Roadside immobilisation is possible when a breach of daily driving time is detected while it is being committed (art. 143.4.b). Not for a minor breach with less than 30 km to the destination.
Repeat offences cost more. If the liable party was already fined for any very serious breach in the previous 12 months, by a decision closing the administrative procedure, the breaches normally fined €4,001 to €6,000 move to a band of €6,001 to €18,000 (art. 143.1.j).
In practice
Plan Spanish days in hours, not percentages. More than one hour over is serious, more than two is very serious, and the five minutes in between matter. Check that no driver takes a regular weekly rest in the cab while in Spain: it is very serious even when the rest of the week is clean.
If the tachograph fails, do not send the truck out with it: a fitted tachograph that is not used is a very serious breach in its own right.
To set Spain against Italy, Germany, France and the UK, see driving hours fines in five European countries. Country pages: Italy, Germany, France, UK. The interactive table of fines by country puts all five side by side.
What this article does not cover. How the Spanish sanctioning procedure runs, payment and appeals included. Other LOTT breaches unrelated to driving time and tachographs. We read the consolidated text on the BOE: the official publication is authoritative. General information, not legal advice.
Frequently asked questions
How much is the fine for exceeding driving hours in Spain?
It depends on the excess. Any minor excess is a minor breach, €100 to €200. More than 1 hour over is serious, €401 to €600. More than 2 hours is very serious, €1,001 to €2,000. An excess of 50 % or more on daily driving costs €4,001 to €6,000.
Who pays a drivers' hours fine in Spain?
Under art. 138.1.a of the LOTT the person or company holding the transport authorisation is responsible. For tachograph tampering, whoever carried it out or helped is also liable.
Can a foreign truck be stopped in Spain for driving hours?
The LOTT allows immobilisation when a breach of daily driving time is detected on the road while it is being committed (art. 143.4.b). It does not apply to a minor breach when the destination is less than 30 km away.
What happens with a repeat offence in Spain?
If the liable party was already fined for any very serious breach in the previous 12 months, by a decision closing the administrative procedure, the breaches normally fined €4,001 to €6,000 move to €6,001 to €18,000 (art. 143.1.j of the LOTT).
Sources
- Ley 16/1987, de Ordenación de los Transportes Terrestres, consolidated text, arts. 138 to 143 · Boletín Oficial del Estado
- Regulation (EU) 2016/403, Annex I, as replaced by Implementing Regulation (EU) 2022/694 · Publications Office of the European Union
How to cite this article, freely, with a link
Cargonary, ‘Spain: driving hours and tachograph fines under the LOTT’, published 15 November 2026, https://cargonary.com/en/spain-driving-hours-fines/
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