The loophole that lets campervans avoid roadside inspections in Spain
Summer road checks are commonplace in Spain, but privacy rules can protect certain motorhomes
Every summer, road checks ramp up across Spain and caravans and campervans are high on the list of vehicles the Guardia Civil likes to keep an eye on. These checks are usually about keeping the roads safe, making sure documents are in order and occasionally, spotting something more serious like drug trafficking.
But here’s the twist: not every campervan can be inspected on the spot. There’s one big exception and it all comes down to how the vehicle is being used.
Spanish law says that security forces can check vehicles without needing a court order. However, if your campervan is serving as your private home at the time, things change.
In that case, officers need a court order before stepping inside, as entering would be seen as invading your privacy.
This very same loophole caused uproar not so long ago when Spain's Ministry of the Interior said police aren’t allowed to fine people who are taking drugs inside a parked car, as long as the drugs aren’t meant for sale. The reasoning, though bizarre, is simple: A parked vehicle is considered a “private space” by law, just like campers and motorhomes are.
Back to campervans, and this rule also applies when the vehicle is only being used as a temporary residence, which is often the case for travellers and holidaymakers. The Supreme Court has made it clear though – a vehicle isn’t considered a home by default. It only counts when it’s being lived in, even if just for a short while.
If officers do suspect something illegal is happening, they can still hold the vehicle until they get the paperwork needed for a proper search.
The Guardia Civil regularly shares advice on what to do at checkpoints. Switch off your engine, turn on the interior light if it’s dark, roll down the window they ask for and keep your hands visible. It all helps keep things smooth and stress-free for everyone involved.
Find all the latest motoring and travel news here or join our Driving in Spain Facebook group for regular updates
Image: Pexels
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