How long out of the country ... ? (1 Viewer)

[laurieash]

Look around the aire at Alvor there are brit vehicles been there for years.

 

[2657]

I wonder if authorities in any country audit the days trucks stay cumulatively in any one country? Some E.European trucks come regularly to UK and some 'tramp' within the UK, so could 'overstay' the number of days in a year.

What is a 'day' for a vehicle? Is it each full 24 hours, or is it present at midnight. as it is for personal tax purposes?

Of course, between Schengen countries there is no record.

Geoff

There are cabotage rules that restrict the time and/or number of journeys that foreign registered vehicles can operate in the UK.

Foreign registered goods vehicles over a certain weight pay a daily charge for using UK roads so the amount of time spent here is monitored.

 

[busby]

My understanding from previous posts is that, in Spain for example, if you stay in the country for more than 90 days then you are a resident and are not allowed to drive a foreign-registered vehicle ie your motorhome! If you cross the border into Portugal for instance or fly home and back before the 90 days are up this resets your clock and you can return to Spain and stay up to 183 days in total in one year. I think this differs in different countries and is different for vehicles which I believe can be up to a year if you know how to play the system

Must be a few thousand Polish flouting this law in uk,,,will be sorted after BREXIT,,,BUSBY,,

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[PeteH]

Must be a few thousand Polish flouting this law in uk,,,will be sorted after BREXIT,,,BUSBY,,

So much so, that the Police in HULL, where alleged to have been ignoring anything with an Eastern European Plate!, as being to much hassle to cope with. (that was from a serving officer at the time).

 

[maxi77]

So much so, that the Police in HULL, where alleged to have been ignoring anything with an Eastern European Plate!, as being to much hassle to cope with. (that was from a serving officer at the time).

Nothing to do with east European or Hull for years the plod has avoided dealing with any foreign plates, had a mate who ran lorries and he used to moan about the foreign trucks that broke all the rules. To much paperwork and because most offences in the UK are non arrestable there is little they can do.

 

[John & Joan]

"After 3 months in your new country, you may be required to register your residence with the relevant authority (often the town hall or local police station), and to be issued with a registration certificate"

However if you are touring and do not stay in one place for 3 months ie. on a campsite. You cannot register as you don't have a residency in that country. A campsite pitch/apartment/villa/hotel room, booked long term can count as a residence. Without a residence you cannot be issued with a registration certificate in the country you are visiting. Spain's autonomous regions are self ruling so moving from one to the other to another starts the residency ball rolling again. You are limited to 183 days in the year in any one country other than your home country. Even full time insurance states this. Other policies have trip limits which mean you have to return home to keep your insurance valid. Without valid insurance your vehicle becomes illegal.
When I was full timing I kept a record of when I entered and left each country and totalled to number of days I spent in each. A motorhome is not defined as a residence, it is the land that it parks on that becomes the residence.

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[The Nomad]

"After 3 months in your new country, you may be required to register your residence with the relevant authority (often the town hall or local police station), and to be issued with a registration certificate"

However if you are touring and do not stay in one place for 3 months ie. on a campsite. You cannot register as you don't have a residency in that country. A campsite pitch/apartment/villa/hotel room, booked long term can count as a residence. Without a residence you cannot be issued with a registration certificate in the country you are visiting. Spain's autonomous regions are self ruling so moving from one to the other to another starts the residency ball rolling again. You are limited to 183 days in the year in any one country other than your home country. Even full time insurance states this. Other policies have trip limits which mean you have to return home to keep your insurance valid. Without valid insurance your vehicle becomes illegal.
When I was full timing I kept a record of when I entered and left each country and totalled to number of days I spent in each. A motorhome is not defined as a residence, it is the land that it parks on that becomes the residence.

Sorry, but the 17 regions that Spain is sub divided into have varying amounts of partial autonomy over certain devolved matters, but on issues of immigration, Residence and citizenship the regulations are all from the central Government. They are national law.

It matters not within which semi-autonomous region(s) you visit.
It is the total time within the country that you as a person (max 183 days, and/or other "centre of economic activity" tests for fiscal residence) and your vehicle (maximum of 6 months in any year) spend anywhere within the country that apply.

 

[billym]

Sorry, but the 17 regions that Spain is sub divided into have varying amounts of partial autonomy over certain devolved matters, but on issues of immigration, Residence and citizenship the regulations are all from the central Government. They are national law.

It matters not within which semi-autonomous region(s) you visit.
It is the total time within the country that you as a person (max 183 days, and/or other "centre of economic activity" tests for fiscal residence) and your vehicle (maximum of 6 months in any year) spend anywhere within the country that apply.

And the burden of proof of not transgressing these regulations is on you. Guilty unless you can prove your innocence!

 

[The Nomad]

And the burden of proof of not transgressing these regulations is on you. Guilty unless you can prove your innocence!

Not so.
The issue of personal fiscal residency is a civil law matter, not of the criminal law.
There is thus no "innocent" or "guilty" as those are only concepts within the criminal law.

In any event, your fiscal residence will be as you self certify unless the authorities in either (or a third country) have reason to believe that your fiscal residence is in fact in their country.



And with pregard to your vehicle, it is for the police to accuse you of having exceeded the 6 months EU-wide guesting vehicles right, and then for a prosecution to convince a judge if you dispute the police and thus go to court.
If the police and or prosecution cannot convince the court that you've breached that limit, their case will fall.

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[billym]

Yes sorry I was referring to vehicles rather than residency.

I guess I was wrong on the burden of proof. I could not find any legislation on it . Do you have a link the legislation please?

 

[The Nomad]

Yes sorry I was referring to vehicles rather than residency.

I guess I was wrong on the burden of proof. I could not find any legislation on it . Do you have a link the legislation please?

The guarantee of the right of presumption of innocence in any criminal court trial in Spain is enshrined in the Spanish Constitution.

Here it for you in Spanish and also in English too:

http://boe.es/legislacion/codigos/c...____________The_Spanish__Constitution_&modo=1

 

[obanvanman]

To avoid the ltter and pot-holes perhaps?

Bloody hell. Don't come to Sicily then.

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[billym]

The guarantee of the right of presumption of innocence in any criminal court trial in Spain is enshrined in the Spanish Constitution.

Here it for you in Spanish and also in English too:

http://boe.es/legislacion/codigos/c...____________The_Spanish__Constitution_&modo=1

 

[billym]

Thanks. (I think !)

I wonder how they prove a car has overstayed its allowed time.