You're Not Driving — But Spanish Police May Still Test You Under a New Road Rule

The Rule That Puts the Passenger in the Frame

A new road rule heading to Spain could catch many drivers by surprise — because it is not aimed at drivers at all. Under a European directive that Spain must implement by November 2028, police conducting roadside stops will have the power to test supervising adults sitting in the passenger seat alongside a learner driver for alcohol and drugs — not just the person behind the wheel.

Spain's traffic authority, the DGT, is currently working on the implementation details. The system has not yet come fully into force, but the direction of travel is clear.

How the Accompanied Driving System Works

The rule is connected to a new accompanied driving scheme that will allow 17-year-olds to drive on public roads — two years earlier than the current minimum age — provided they are supervised by a qualified adult in the passenger seat. The scheme is designed to give young people more real-road experience before they sit their driving test.

The supervising adult — referred to as the co-driver — must meet strict requirements:

• Be at least 24 years old
• Hold a valid EU driving licence
• Have held that licence for at least 5 years
• Not have been banned from driving at any point in the last 5 years

The co-driver's role is an active one: "The co-driver is expected to guide, observe and step in if needed. They are there to support the learner in real traffic situations, not just to tick a legal box."

Why the Co-Driver Can Be Tested

Because the co-driver carries genuine legal responsibility for the safety of the journey — they are not a passive passenger but an active participant in the driving process — the same sobriety standards that apply to drivers apply to them. If police stop a vehicle being driven by a 17-year-old under the accompanied scheme, both the young driver and the adult supervisor can be required to take an alcohol or drug test.

This is a meaningful departure from the current rules, where only the person at the wheel is subject to roadside testing.

What This Means in Practice

For families in Spain planning to use the accompanied driving scheme when it comes into force — or for expats whose older teenage children will be eligible — the practical implication is straightforward: the supervising adult must be completely sober every time they sit in that passenger seat. The legal standard is the same as if they were driving.

Spain has until November 2028 to adapt its national laws to comply with the European directive. Full details of the Spanish implementation — including any specific penalties — will be confirmed by the DGT in due course.

This article is based on reporting from Euro Weekly News, published May 3, 2026.