Typical Summer fines driving in Spain – Myths and Facts

  • Posted on July 20, 2026
  • 2 Comments
  • Posted in News
  • Reading time: 12 minutes

Malaga and the typical summer fines: Which are true and which are myths? We go through them one by one.

Every summer, when the heat swelters in Malaga, we ask ourselves the same questions again and again: Can I drive in flip-flops? Shirtless? In a Bikini? Can I drink water while driving? Or enjoy a refreshing ice cream at the wheel?

Find out what you shouldn’t do, if you prefer to spend your money in a Beach bar instead on a fine.

Driving in flip-flops

Driving in flip-flops

Although it can be extremely dangerous to drive in footwear such as flip-flops, there is no specific law for the type of footwear worn.

But it can be a punishable act: if a police officer thinks that flip-flops do not allow you to operate the pedals properly, you can be fined.

  • The fine for driving in flip-flops ranges from €80 to €200.

The penalties are broken down as follows:

  • €80 fine: Applies if the officer deems the footwear to hinder safe driving (no points deducted). This amount may be reduced to €40 for early payment.
  • Fine of up to €200: Imposed if the violation escalates to negligent driving (no points deducted).

Furthermore, in the event of a traffic violation or accident caused by flip-flops getting caught, your insurance company could refuse to cover the damages.

Driving barefoot

Photo Bored Panda

The pedals of the vehicle cannot be used properly when barefoot. We are sorry. When you come back from the beach, you will have to put on a more suitable shoe for driving.

  • The fine for driving barefoot ranges from 80 to 200 euros, with no loss of license points.

The amount depends on the traffic officer’s assessment:

  • Minor infraction (up to 80 euros): If the officer considers that it does not directly affect safety, even if it is not ideal.
  • Serious infraction or negligent driving (up to 200 euros): If the officer deems that driving barefoot hinders pedal control, reduces braking force, or compromises safety.

Driving shirtless or in a bikini

Summer fines
The heat in combination with this view is going to take away more than one driver’s concentration. Photo Humor Blog

You can drive shirtless or in a bikini. However, if you have an accident, the seat belt could burn your skin to the point of leaving a permanent scar.

The law does not explicitly say that driving in a bikini is forbidden. But it does say that the clothing must ensure freedom of movement, not obstruct your field of vision, be safe to drive and allow you to control the vehicle in all situations.

  • If the officer deems that driving without clothes impairs your freedom of movement or visibility, or that the seatbelt chafing compromises your safety, the fine ranges from 80 to 200 euros, with no loss of points.

Drinking water while driving

Photo Autopista
  • Drinking water while driving is not explicitly prohibited; however, if an officer deems that the action restricts your freedom of movement or distracts your attention, you could face a fine of 80 to 100 euros.

Such fines are typically issued when a driver is caught trying to open a bottle while driving or driving with the bottle in one hand—practices that are strictly prohibited.

Remember that you need both hands to hold the steering wheel and operate the turn signals. No police officer will fine you for taking a sip for a few seconds.

Putting your hand, elbow or arm out of the window

Summer fines
Stick your hand out the window to feel the breeze? Better to invest in a cool beer at your destination!
  • Yes, you can be fined. The financial penalty for sticking your arm, hand, or elbow out the window typically ranges from 80 to 200 euros.

Although the regulations do not explicitly forbid it, officers can penalize you if they believe it restricts your freedom of movement or control of the vehicle, or if they interpret it as negligent driving.

This fine applies to drivers who keep their arms out the window for several minutes while driving in that position, rather than for doing so for just a few seconds.

Driving with a hat/cap covering the ears

How many violations can you detect in this image?

You may wear any headgear when driving, as long as you keep your ears uncovered.

If a driver has their ears covered, their hearing ability may be impaired, preventing them from paying full attention to what is happening on the road.

  • You can be fined if a hat or cap covers your ears. The penalty ranges from 80 to 200 euros, depending on how the officer interprets the violation.

Eating ice cream while driving

Summer fines
We know, the heat is on. Nothing better than an ice cream! But have it before or after driving. Photo Autopista

Traffic law states that you need both hands to drive. The difference with water is that you need to occupy your hand for a long period of time.

  • There is no specific ban in Spain on eating ice cream while driving. However, if an officer determines that the action restricts your freedom of movement or field of vision, or causes a distraction, the fine ranges from 80 to 100 euros (with no loss of license points).
  • The penalty can rise to 200 euros and the loss of 4 points if the action is deemed negligent driving.

Driving with unsecured items on the rear parcel shelf

Here’s another gem. How many offences do you think are committed in this image?

You must secure the load inside your vehicle. In the event of a collision, or even sudden braking, loose objects become very dangerous projectiles.

Driving with loose objects on the rear parcel shelf or on the seats is a punishable offense. Regulations classify this as a serious violation, as it poses a safety risk.

  • Carrying unsecured objects on the rear parcel shelf carries a €200 fine.

Washing your car in the street

Summer fines

If you are planning to clean your car from the Saharan summer dust by hosing it down in the street, think again.

Cleaning your car with soap and water can make the road slippery for cyclists, motorcyclists or the elderly, or when a vehicle has to brake suddenly.

  • 30€ – 3000€ fine

Passenger with feet on the dashboard

Summer fines
Who hasn’t put their feet on the dashboard as co-driver?

Who has never put their feet on the dashboard as a co-driver? In the event of an accident, this can lead to very serious injuries.

In the event of an accident, it negates the effectiveness of the seatbelt and airbag. In a crash or during sudden braking, the body tends to slide underneath the seatbelt, and the airbag’s deployment can cause fatal injuries or severe fractures to the legs and pelvis.

  • The fine is €100 and is paid by the driver – take note.

Fine for the shadow of your car

Can we be fined for the shadow of the car?

Don’t worry, we haven’t reached these extremes yet, at least not in Spain. It did happen in Russia, where a driver was fined for exceeding the continuous line on a road.

But the only thing that crossed it was the shadow of the car. The driver had to lodge a complaint before the fine was withdrawn because of a technical fault.

Improper use of sunshades

Mal uso de parasoles

The law penalizes the use of roll-up sunshades or blinds that are permanently installed on the windshield. Even if retracted, if the device remains permanently anchored and obstructs the driver’s view or field of vision, it is considered a serious violation.

  • Penalty: €200 fine (no loss of points).

Traditional removable reflective sunshades (made of cardboard or aluminum) are completely legal and safe, provided they are removed and stowed away before driving.

Improper use of sunglasses

Uso indebido de gafas de sol

On very sunny days, driving while wearing dark sunglasses is normal, but you must be careful when entering shaded areas (such as tunnels or tree-lined roads).

If your sunglasses are too dark (Category 4) or photochromic and significantly impair visibility in shaded areas, law enforcement officers may fine you.

  • Penalty: A fine of up to €200.

For driving in sunny conditions, it is recommended to use polarized sunglasses or those with a sun filter rating of 1, 2, or 3.

Throwing a cigarette out of the window

Summer fines

  • Tossing a cigarette butt out the window in Spain carries severe penalties. If you are driving, it results in a €500 fine and the loss of 6 points from your license.

This fine could be much higher if your actions cause a fire. In that case, you would face prosecution and be liable for all firefighting costs. You could even face jail time if the costs are substantial or if someone is injured or killed.

By the way: Tossing a cigarette butt from a window or balcony is also costly.

Fines for throwing a cigarette butt from a window or balcony onto the street range from €750 to €3,000, depending on the severity of the offense.

Not carrying a driving licence

  • The €10 fine applies if you hold a licence but do not have it with you.

Carrying 6 or 7 people in your car

Do you need a bigger car? We have it at MalagaCar.com! Photo Autopista
  • The fine will range from €80 to €500, depending on the extent of the overcrowding.

The penalties are structured as follows:

  • If there are 6 people (an excess of 1 passenger), it is considered a minor infraction. The fine ranges from €80 to €100 and does not result in the loss of driving license points.
  • If there are 7 people in a 5-seater car, the infraction is classified as very serious. The fine rises to €500; you lose 4 points from your license, and officers will immobilize the vehicle on the spot.

Planning to travel with a group? Take a look at our great 7-seater car options, and our 9-seater Minibuses.

Driving with headphones

Photo Diariosur

Listening to your favourite beats with headphones while driving is considered a serious offence. Note that this prohibition applies even if you are wearing only one wireless earbud.

  • Fine of 200€ and loss of 3 to 4 points

Running out of petrol on the road

Did you have such a great summer in Malaga that you forgot refuelling with petrol?

This oversight (or lack of foresight) is considered negligent.

In Spain, running out of fuel is not, in itself, a traffic violation, nor is it subject to a fine.

However, the consequences arising from it can lead to penalties of up to 3,000 euros. The most common fines are:

  • Improper parking/Obstruction: 200 euros (no points deducted). This applies if you leave the vehicle in a location where it obstructs traffic or poses a risk because you were unable to move it to a safe area.
  • Negligent driving: Up to 3,000 euros. This is imposed if the lack of fuel causes a sudden or dangerous maneuver that compromises road safety.
  • Improper fuel transport: Between 2,000 and 3,000 euros. This applies if you go to a gas station and transport fuel back in an unapproved container (such as a plastic bottle or an unsuitable jug).

Masturbating or receiving sexual stimulation while driving

As you can see, a Fiat is very versatile. Although this activity will cost you a bit of money.
  • Masturbating or receiving sexual stimulation while driving is a serious offense punishable by fines of up to 500 euros and the loss of 6 points from one’s driver’s license, as it is considered negligent driving due to the significant distraction it causes.

…And a kiss?

Photo Neomotor

Sorry, no affectionate displays of affection with your co-driver while driving.

In Spain, you can be fined for kissing while driving. Although there is no specific offense for kissing, the law penalizes any action that distracts the driver or hinders their freedom of movement and control of the vehicle.

  • Fines for distracted or negligent driving due to this behavior are typically 200 euros and can result in the loss of up to 6 points from your driver’s license.

Manipulating the GPS on the move

You’d better familiarise yourself with your GPS before you set off.

You’d better familiarise yourself with your GPS before setting off. Tampering with it while driving is a serious offence and will cost you dearly. The penalty is a €200 fine and the deduction of 3 to 6 points from your driver’s license, depending on how the device is manipulated.

  • Manual manipulation: If the GPS is built-in or mounted on a holder but you manipulate it (e.g., entering addresses or changing routes) while driving, the penalty is €200 and 3 points.
  • Holding the device: If you manipulate or hold a mobile phone in your hand to use it as a GPS, the penalty increases to €200 and 6 points.

Driving while using a mobile phone

The penalty has been increased from 3 to 6 points on the licence. Photo andro4all

Without making too much effort, we can see every day a considerable number of people using their mobile phones while driving.

It seems that we can’t even wait for 5 minutes to answer this WhatsApp message. Well, it is also considered a serious offence.

  • It will bring you a hefty fine of 200 € and 6 points off your licence.

Please note that these regulations are strictly enforced in the following situations:

  • Stationary vehicle: You will be fined even if you are stopped at a red light or in a traffic jam.
  • Headphones: Using headphones connected to your phone is prohibited.

Unbeatable rates for car hire

  • Large fleet of brand new cars.
  • Pay on arrival.
  • What you see is what you pay.
  • No hard sell at desk.
  • VIP delivery service for free.
  • No fuel rip-off, we do not charge refueling service fee.

0 0 votes
Article Rating