Spain says driving with VW T5 bike rack folded is illegal

[clarinetbcn]

I failed the Spanish technical inspection (ITV) yesterday, because they say the bike rack blocks the center brake light when folded up. I had to take it off and go back, and then passed.

I have passed the inspection twice in previous years, so it was a shock. I was told that rules changed last year, and it is only legal to drive with bikes on the rack, but "this driving with the rack always on is over." At first I thought that it was because I have a Fiamma Pro (legally homologated) rack, which doesn't have the outer bike rail split like the VW ones, but then I got on the largest Spanish VW van forum (Furgovw.org) and it turns out that since last year some inspectors have been failing ALL VW tailgate racks, because there has to be a certain free angle from the stop light to the upper frame, and the VW upper frame does not allow a police helicopter to see if a car is braking!!!

I have never had any problem on the road up until now, but I was clearly warned that traffic police will be stopping VW vans, any VW vans from anywhere, if they are traveling with the bike rack folded. I checked with my local VW dealer where I have my van serviced, and they confirmed that many of their clients are having this problem. It's now off, and fortunately I have a tow bar, so will now be looking for a more inconvenient, for me, tow ball rack. Travelers to Spain, watch out!

Alerta ITV! ahora le toca a los portabicis

Alerta ITV! ahora le toca a los portabicis

www.furgovw.org

 

[Amarillo]

I failed the Spanish technical inspection (ITV) yesterday, because they say the bike rack blocks the center brake light when folded up. I had to take it off and go back, and then passed.

I have passed the inspection twice in previous years, so it was a shock. I was told that rules changed last year, and it is only legal to drive with bikes on the rack, but "this driving with the rack always on is over." At first I thought that it was because I have a Fiamma Pro (legally homologated) rack, which doesn't have the outer bike rail split like the VW ones, but then I got on the largest Spanish VW van forum (Furgovw.org) and it turns out that since last year some inspectors have been failing ALL VW tailgate racks, because there has to be a certain free angle from the stop light to the upper frame, and the VW upper frame does not allow a police helicopter to see if a car is braking!!!

I have never had any problem on the road up until now, but I was clearly warned that traffic police will be stopping VW vans, any VW vans from anywhere, if they are traveling with the bike rack folded. I checked with my local VW dealer where I have my van serviced, and they confirmed that many of their clients are having this problem. It's now off, and fortunately I have a tow bar, so will now be looking for a more inconvenient, for me, tow ball rack. Travelers to Spain, watch out!

Alerta ITV! ahora le toca a los portabicis

Alerta ITV! ahora le toca a los portabicis

www.furgovw.org

Can you drive with the rack in the lowered position and no bikes so long as you have the red and white warning board?

 

[soulstyledevon]

Bonkers!

 

[clarinetbcn]

Can you drive with the rack in the lowered position and no bikes so long as you have the red and white warning board?

I honestly don't know. This whole thing is so surreal that trying to find a logical answer is like trying to divide a number by zero. Driving with the rack lowered and no bikes, aside from the absurdity and inconvenience, brings up questions of how to anchor the unfolded part so it doesn't fly around over bumps, and where to anchor the warning board. I suppose you could use a cargo bag and fill it with rocks!

 

[The Tall Luthier]

Can you drive with the rack in the lowered position and no bikes so long as you have the red and white warning board?

The red and white warning board. I didnt have one when in Spain last month, was I doing it wrong please?

 

[clarinetbcn]

The red and white warning board. I didnt have one when in Spain last month, was I doing it wrong please?

It's required with bikes on the rack, or I suppose now with the rack unfolded and empty.

 

[The Tall Luthier]

It's required with bikes on the rack, or I suppose now with the rack unfolded and empty.

Thanks for that Clarine, I should get one then. I have a Thule two bike rack system so I don't think that the red light would be covered up by a folded rack as the second slot is lower. However the black holding crossbar is the same height regardless. Isn't this more likely to be an obstruction?

 

[Azteccamper]

Thanks for that Clarine, I should get one then. I have a Thule two bike rack system so I don't think that the red light would be covered up by a folded rack as the second slot is lower. However the black holding crossbar is the same height regardless. Isn't this more likely to be an obstruction?

We spotted lots of “RoadSurfer.com” Calis. All had the rack cable tied closed with the warning red/white board also cable tied in the middle of rack (which gives you nil visibility).
Out of interest have many Cali’s been tracked by police helicopters?

 

[aileron346]

Jeez - not good or logical. A shame too that we are still getting isolated single-country quirks like this in the EU. One of the key benefits of the EU is harmonisation to facilitate cross-border travel.

Time will tell if this is actually enforced - isolated zealous interpretation on the continent has not always been followed by mass enforcement in the past (things like headlight beams, GB stickers, self-breathalyser kits, spare bulb sets seemed to be only very occasionally enforced in practice). Sounds a bit worrying nevertheless!

 

[Ch1pbutty]

Time will tell if this is actually enforced - isolated zealous interpretation on the continent has not always been followed by mass enforcement in the past (things like headlight beams, GB stickers, self-breathalyser kits, spare bulb sets seemed to be only very occasionally enforced in practice). Sounds a bit worrying nevertheless!

So true - I always laugh as we drive thru France. We follow all the rules and buy all the kit, fit headlight deflectors etc. But then see lots of cars/vans on the motorway with bike racks hanging on for dear life, cardboard number plate on the bike rack (with the Reg written in pencil!), no lighting boards etc etc. + an few cars with mattresses strapped on the roof, overloaded roof boxes held shut with string / bungee straps, 4 bikes strapped flat on the roof etc!

Common sense says covering the third brake light should not be an issue, as the van still has two other visible brake lights. Alot of older cars don’t have a third brake light. Sounds like a money making exercise to collect fines.

 

[hirsty]

I don’t know if it’s this forum in particular, or California owners as a demographic, but these worst case scenario posts always get a lot of traction

Appreciate the heads-up, but I’m choosing not to worry about this particular one - it will now be in my head forever though!

 

[SusiBus]

Bonkers!

Not bonkers, a real possible safety issue! You would expect a modern vehicle to have a high level brake light visible. Or is it another great reason that the UK left the EU?

 

[aileron346]

Not bonkers, a real possible safety issue! You would expect a modern vehicle to have a high level brake light visible. Or is it another great reason that the UK left the EU?

Apart from high angle visibility , so, perhaps for an HGV sitting 2m behind or, as mentioned, for a helicopter, the high level brake light does look visible from behind on my T5.1. I wonder if this apples to the T5.1 or T6 or all?

If it is a serious problem, maybe a modified light incorporating a repeater linked to the rack might solve.

As these are factory fitted, it’s surprising that VW have not issued a notice if it’s actually failing tests in Spain. Maybe they’ve done so only in Spain.

 

[Amarillo]

The red and white warning board. I didnt have one when in Spain last month, was I doing it wrong please?

Yes, but I think driving without is, at worst, a very minor infringement. It could become more of an issue if someone rear ended you, and they tried to blame the lack of a warning board.

Italy requires five stripes, Spain requires three stripes. You can buy a reversible board from the club shop.

Kampa Dometic Reversible Reflective Warning Signal - CampervanBits

Reversible 2 in 1 Italian & Spanish reflective warning sign.

vwcaliforniaclub.com

 

[RonB]

Just back from a few weeks in Italy with two bikes on a Fiamma rack but no striped board. I had one years ago but realised that not everyone used them there, and I’m sure I read on this forum a while back that they are not a legal requirement in Italy? Need to check accuracy of this - don’t know about Spain?

 

[Anthony1]

It's required with bikes on the rack, or I suppose now with the rack unfolded and empty.

I went through Spain, top to bottom and back again last Autumn, with bikes, but no red and white board. We met some local Brits who said we could get a 200euro fine. But we were lucky and although we were followed for many miles by a police car up to Ronda, nothing happened. Re. the brake light, this is nonsense - I just went out and took this photo.

 

[WelshGas]

I went through Spain, top to bottom and back again last Autumn, with bikes, but no red and white board. We met some local Brits who said we could get a 200euro fine. But we were lucky and although we were followed for many miles by a police car up to Ronda, nothing happened. Re. the brake light, this is nonsense - I just went out and took this photo.

View attachment 95468

Try the photo from above. That is what they are relating to.

 

[Ozzy Pete]

The rear higher brake light has been designed as a safety feature for people who are “Behind” you NOT a Police helicopter that’s a quarter of a mile in the sky. If he is that low he can see a brake light he should lose his pilots license.

 

[Ozzy Pete]

I would have thought it would be the other way round. If the rack had bikes on it it wouldn’t be possible for the police helicopter to read your number plate unless he was at ground level following you.

 

[Anthony1]

I would have thought it would be the other way round. If the rack had bikes on it it wouldn’t be possible for the police helicopter to read your number plate unless he was at ground level following you.

So many countries with so many rules, ie dash cams are illegal in Luxembourg and Portugal (even owning one is illegal) and Austria (big fines, thousands of pounds).

 

[s2bear]

I think one of these automatic/motion activated cycle brake lights on the folded rack would solve the issue:
https://www.amazon.co.uk/dp/B07DF8RTM4/?tag=eliteelect-21

plus you could also actually use it on your bicycle when it wasn’t on the rack.

 

[Wildcamper]

I think one of these automatic/motion activated cycle brake lights on the folded rack would solve the issue:
https://www.amazon.co.uk/dp/B07DF8RTM4/?tag=eliteelect-21

plus you could also actually use it on your bicycle when it wasn’t on the rack.

It would need to be certified as "road legal" as applied to a car.

 

[bob_summers]

interesting to see how this pans out. ITV centres are notoriously strict, around here they’re run by TüV - I could give a few examples where they’ve failed me for stuff that a UK MoT tester wouldn’t bat an eyelid at.

Anyway, I’m typing this while looking at a Renault Trafic here on site with a Fiamma rack and the high level brake light is behind the upper bar of the rack - so I can’t imagine this is limited to VW vans.

 

[Ozzy Pete]

So many countries with so many rules, ie dash cams are illegal in Luxembourg and Portugal (even owning one is illegal) and Austria (big fines, thousands of pounds).

Some countries penalise you for having a dashcam and others reward you. UK insurance companies encourage you. Crazy world in more ways than one.

 

[clarinetbcn]

I don’t know if it’s this forum in particular, or California owners as a demographic, but these worst case scenario posts always get a lot of traction

Appreciate the heads-up, but I’m choosing not to worry about this particular one - it will now be in my head forever though!

Not a worst case scenario. After 34 years of living in Spain, I actually failed the ITV technical inspection for the first time, and had to take the bike rack off in order to pass it. The most important thing to take into account is that if you are not in compliance with the ITV, which is applicable when driving in Spain, your insurance is invalid, so you could be hit head on by a drunk driver going the wrong way down a one way street and it will be your fault because you had no right to be there in the first place.

This is the same case as UK drivers who are legal residents of Spain. As non EU (like me), they must have Spanish residency in order to stay in Spain for more than 90 days in any 180 day period (which opens up a whole new can of worms, because in order to renew non EU Spanish residency you must submit proof that you have filed a Spanish tax return listing all foreign assets), and must have a Spanish driver's license. The written test to get a driver's license in Spain is notoriously difficult, i.e. people take out bank loans to pay for studies to pass it, but not having a local license as a resident is the same as having no license at all (you can be hit head on by a drunk driver etc...), and being non EU means there is no longer the option of exchanging, you have to pass the test.