lo27012006 law 4/2015, from January 15, transport by road law 4/2015, from January 15, transport by road since the General Council in its session of 15 January 2015 has approved the following: law 4/2015, from January 15, transport by road Index preamble preliminary title. General provisions title I common provisions for the transport of passengers and of goods chapter. Planning and transport inspection second chapter. Users of the transport Chapter third. Provisions on social matters Chapter fourth. Conditions for the activity of public transport carrier Chapter five. Financial regime Chapter six. Title II provisions applicable to foreign carriers. Public passenger transport chapter. Common provisions in the national public transport and passenger discretionary second chapter. Regular national public transport and passenger discretionary third Chapter. Public transport passenger international title III. The taxi service title IV. Public transport of goods Title v. private Transport title VI. Specific transport Title VII. Cooperation between carriers and administrations Title VIII. Rent a car with driver and without Title IX. Auxiliary activities of mediation Title x. transport Stations and stops Title XI. Infractions and penalties first additional provision. Supplementary application of the rules of administrative procedure second additional provision. Updating of the amounts of the penalties third additional provision. Transports excluded fourth additional provision. Modification of article 3 of the law 2/2014, of 23 January, amending the code of the circulation, 10-06-1999 first transitory provision. Professional training of companies of rent of vehicles and of the facilitators second transitional provision. Third transitional provision economic capacity. Processing procedures in force the fourth transitional provision. Regulations, and existing administrative authorizations fifth transitional provision. HGV parking repealing provision first final provision second final provision preamble The European policy in the field of transport is aimed, mainly, to the improvement of working conditions and safety on the road, as well as to promote actions aimed at ensuring an improvement of professional qualification of the carrier, which will allow them to contribute to increase the quality of the service provided for the benefit of users , of the carriers and of the whole of the economy. On the other hand, the regulation of transport should constitute one of the localities in the overall strategy of sustainable development, with which all European countries feel committed.
The transport is not only a right subject to the rules of the market, but it is also a service of general interest in the service of the citizens. In order to combine the two aspects, this law seeks a controlled opening of the market in transport in Andorra and the concession or the granting of the authorisations of the inter-urban passenger transport public service, based on the safety of travelers, the accessibility, the quality of the service and the protection of the environment, always maintaining a cost of sustainable exploitation. The concession or the granting of permits for the interurban passenger transport public service allows you to decrease the intensity of the traffic, and therefore, reduce the harmful effects to the environment or to the health of citizens caused by emissions of carbon dioxide, the main gas of greenhouse effect, and at the same time improve the mobility, as well as road safety this law wants to group You can sort and update the existing regulations in the field of national transport in the international transport. To date, the existing legal framework was made up of two laws, the law regulating the public transport of passengers by road, on 11 October 1985, and the law on the conditions for the exercise of the activity of transport and provisions on the subject in the field of road transport, of 4 November 1993. In addition, there were other legislation such as regulations, bilateral agreements and international agreements signed by the Principality of Andorra.
The law includes these two laws so far, and you want to be a law enabling framework, inclusive and concise way. The enabling law is to enable the regulatory development needed at any time in accordance with the evolution of the transport market. The law is integrated to regroup the existing legislation and to facilitate its application. The law is understandable to define the actors involved in the transport and its responsibilities.
This law also allows to regulate activities that were not envisaged in the current legislation, such as the international transport of passengers and freight transport, national and international levels. Finally, the Bill introduces concepts such as the contract of carriage and insurance, among others, to give legal certainty to the actors involved in the transport.
This law is made up of a preliminary title and eleven more titles, four additional provisions, five transitional provisions, a repealing and two final provisions.
The preliminary title contains a number of General provisions relating to its object and its purposes, in the field of application, definitions, classification of transport and to the competences in the field of transport.
The title and refers to the common provisions for the transport of passengers and goods and is divided, in turn, in six chapters.
The first chapter deals with the planning and regulates the inspection of transports, and the second chapter, the rights and the obligations of the users of transport. The third chapter is devoted to the provisions on social matters, in the media and control instruments, as well as the drivers and staff of the company.
The fourth chapter is intended to regulate the conditions for the activity of public transport carrier and takes care of the professional qualification, the economic capacity, of good repute and business organization.
The fifth chapter deals with the financial regime and contains rules on the rates and prices and about the obligations of public service, and, finally, the sixth chapter is of the provisions applicable to foreign carriers.
The title II aims to public passenger transport and, in turn, is divided into three chapters.
The chapter contains a number of common provisions public transport regular national and discretionary travelers and speaks of the contract of carriage and the liability of the companies of transport and insurance.
The second chapter includes special provisions for the regular national public transport and passenger discretionary, establish in this case the book in favor of the Government, and the special provisions for the discretionary carriage. Finally, the third chapter talks about international public transport of passengers.
Title III is dedicated to the service of the taxi. In this title, are the modalities of the service of taxi and regulate vehicles, the activity of taxi drivers, the regime of the licenses, rates and the operation of the service.
The title IV contains the regulation of public transport of goods and a number of common provisions in national and international transport of goods, the contract of carriage of goods and of the port, the obligations and the responsibilities of carriers and ordering, and also of its quality assurance and successive transport; Finally, he talks about permits for transportation of national and international public transport public transport of goods.
Title V is dedicated to private transport, commercial, complementary and particular.
Title VI deals with so-called specific transport, among which there are the school transport, medical transport, transport of dangerous goods, the funeral, the perishable goods and roadside assistance.
Title VII is the cooperation between carriers and administrations.
The title VIII deals with the car rental with driver and without, and also of the so-called unique vehicles.
The title IX is aimed at the regulation of auxiliary activities of mediation, such as travel agencies and terrestrial operators.
The title X is dedicated to transport stations and at bus stops, taxi stand and parking points of loading and unloading.
By the end, the title XI of the Act regulates infractions and sanctions, and unlike mild violations, serious and very serious.
The Act concludes with four additional provisions, in which authorises the Government to update the amounts of the pecuniary fines; five transitional provisions, dealing with the transitional legal regime; a repeal, which derogates the two laws of 1985 and 1993 and two final provisions, which advertise a maximum period of six months for the Government to approve the regulatory provisions necessary for the application of the law as well as the date of entry into force of the law.
Preliminary title. General provisions Article 1 object and purpose of the law 1. This law aims to regulate the transport of passengers and goods by road.
2. For the purposes of the law are: to) Provide a comprehensive legislation in the area of road transport.
b) to promote the establishment of a real market for transport by road and to ensure the maintenance of conditions of effective competition between the carriers.
c) Guiding the activities of road transport in order to meet the needs of the community and to set up regular passenger public transport as a public service, at the same time that will strengthen the rights of users of transport.
d) promote cooperation with the communes to organise a coherent and efficient public transport system, avoiding the duplication of services for the benefit of users.
e) to promote the principle of sustainable development.
f) to promote the safety of road transport and security of its actors.
Article 2 scope of application of Act 1. This law is applicable to the transport of passengers and goods by road which is carried out with national or foreign vehicles and that pass or fully exploited in the Andorran territory.
2. The provisions of this Act applicable to the transport of passengers and goods by road are understood always without prejudice to the application of a legal regime different when so expressly stated in the agreements and international treaties signed by the Principality of Andorra. The Ministry responsible for transport may establish national requirements necessary to apply these agreements and international treaties.
3. The Government can establish and apply measures of reciprocity between countries to foreign carriers.
4. The Government can establish economic measures or specific conditions in the transport to foreign carriers.
Article 3 Definitions for the purposes of this law, it is understood by: a) bus: Automotive vehicle with a capacity of more than nine persons, including the driver, which is aimed at urban and interurban transport.
b) coach: Automotive vehicle with a capacity of more than nine persons, including the driver, which can be used both in the urban and interurban transport how to transport a large group of people to long distances or medium.
c) authorisation of freight transport: administrative authorization issued by the competent Ministry for transport of goods, both for foreign vehicles with national destination, with foreign and national target. The delivery of these authorizations can be set by the agreements and international treaties, or by bilateral agreements.
d) passenger transport permit: administrative authorization issued by the competent Ministry or by regular national public transport to make common. In the case of regular international public transport or shuttle, the authorization is given by the competent Ministry.
e) passenger transport Concession: granting of transport of travellers is awarded according to the procedure established for the management contract of public services in the public procurement Law in force. The authorization to exploit the concession is materialized with the contract signed between the Ministry and the company awarded the contract.
f) Coasting or transport inside: occurs when a carrier takes place inside, transportation of passengers or goods, in a State which is not set.
g) Consignee or addressee: natural or legal person to whom the carrier has delivered the goods the subject of transport.
h) contract of carriage: verbal or written agreement, by which a physical or legal person, the holder of a public transport company or intermediary in the contracting of transport agrees, by a price, to transport a particular cargo, or a person, or a person and your baggage, from one place to another, both defined in the terms and conditions in the terms agreed and under their custody and responsibility.
and Issuing): natural or legal person who relayed a commodity to a destination.
j) Sorting: person, physical or legal entities, that a transport operation to a third party or that makes it your own.
k) Public Service: service provided on a regular basis and continuously by the Government directly or by concession or administrative authorization issued by the competent Ministry, to meet the needs of public general.
the) transport Card: document by which enables a vehicle to carry out public or private transportation of passengers or goods.
m) Taxi: passenger transport for the public service vehicle with a capacity of up to nine seats, including the driver.
n) Carrier: natural or legal person who plays professionally the activity of transport of travellers or goods by road.
o) tourism: private car and of a capacity less than or equal to nine seats, including the driver.
p) Vehicle: Widget, artifact, whether or not self-propelled, which serves to transport people or goods from one place to another, especially on land.
q unique Vehicle): vehicle that presents special characteristics of age, performance, quality, capacity or performance that differentiate or distinguish the ordinary vehicles.
Article 4 transport Classification according to their nature according to its nature, the transports by road can be: a) general public, when it is carried out by employees through economic compensation.
b) private, when they are done on their own, to meet the needs of the company, ferrying goods or personal of this company.
c) individuals, when they perform non-profits.
Article 5 transport Classification according to its purpose according to their object, the transports by road can be: a) Of travelers, when they are dedicated to make movement of people, with or without luggage on vehicles built and conditioned to this end. The transports of passengers can bring, as a complement, the packages that are not travelers ' luggage.
b) of goods, when they are dedicated to make movement of goods on vehicles built and conditioned to this end.
Article 6 classification of transports according to their territorial scope according to its territorial scope, road transport can be: a) National Transport, which have their origin and destination within the territory of Andorra and which take place entirely.
b) international transport, those with a route that runs between Andorra and one or more foreign States.
Article 7 transport Classification according to their frequency 1. The public transport of passengers by road with bus or bus, can be: regular in both national and international), when they are hired individually for a user and respecting fees, a route, a stop, a calendar, some frequencies and a prefixed time.
b Private or occasional), both national and international, when they are hired by a group of passengers previously established, without any subject to itinerary, or calendar, or pre-set schedule. The vehicle is placed at the disposal of the Group's exclusive of passengers for a flight or a certain period.
Discretionary or occasional transport include:-travel to behind closed doors, that is to say, the transports which use the same bus to carry the same group of passengers throughout the journey and return them to the starting point.
-The transports who make the round trip with travellers, the leave all at the same place and the return journey is made from vacuum.
-The transports who make the round trip without passengers and the back with passage, picking up all passengers in the same place, under conditions to be determined.
c) of international shuttle, when transported a group of travellers with accommodation previously established, by means of round trips, respecting a few stops, some itineraries, a calendar, a schedule, frequencies and rates prefixed by a tour operator.
Shuttle transportation will not be collected or will leave travelers during the course of the trip. However, it is accepted that the loading and unloading of passengers to be carried out in a number of contracted accommodation by tour operators.
In a shuttle service, either the first or last round trip journey back, in one of the ways the trip is empty.
2. The taxi service, both nationally and internationally, can be regular or occasional or discretionary.
3. public and private transport of goods by road, both national and international, have always considered discretionary, even when there is a reiteration of itinerary, calendar or schedule.
Article 8 classification of transport according to the specificity of its object and the legal system according to the specificity of its object and its legal system, the transports can be: a) are subject to special regulations, when Specific, or, if necessary, agreements and international treaties signed, due to its danger, of being perishable, the urgency, of the incompatibility with some other kind of transport , the social impact or other similar causes.
b) in all other cases, the ordinary.
Article 9 Jurisdiction 1. The competences in the field of transport correspond to the Government and are exercised by the Ministry responsible for transport (hereinafter referred to as "the Ministry").
2. In particular, it is up to the competent Ministry competition in terms of opening and resolution of administrative penalty proceedings for offences provided for in this law, and also the inspection function is intended to find out, check out and demand the fulfillment of this law.
3. The Department of transportation will be the instrument of Government to ensure the progressive implementation of the transport policy of the country, thus contributing to the implementation of the initiatives and actions aimed at fulfilling the objectives of the Administration in the field of transport. This Department also has to ensure the permanent adaptation to current and future needs of the transport under optimum conditions.
Title i. common provisions to the transports of passengers and of goods chapter. Planning and transport inspection Article 10 programmes and action plans the Government can program or plan the evolution of the various types of transport to facilitate the balanced and harmonious development of the transport system.
Article 11 Goals and purposes of the Schedule 1. Through programmes and action plans, the Government may establish measures to promote and guarantee the interoperability and intermodality of different types of transport to achieve a modal balance appropriate to the needs and characteristics of the country.
2. In the same way, in particular for the transport of travellers, the planificadora activity promotes the development of the type and means of transport that are suitable for preserving the environment, promoting energy saving and energy efficiency and therefore sustainable development, but at the same time allow them to meet the objectives of a sustainable operating cost.
Article 12 the Transport Inspection 1. The inspection of Transports to monitor and ensure compliance with the regulations applicable to transport services and of mediation, which depends on the Ministry.
2. When acting in the exercise of its functions, the inspectors are considered agents of the authority and can receive the help of the police force and the Customs Body when necessary to fulfill these functions.
3. If the police or any other service observe any irregularity while performs a control on the road, you can punish according to this law, and reported the inspection of Transports.
4. carriers, facilitators and users of transport are required to facilitate the inspection of Transport all information, documentation and help are needed, at the controls for road or in the offices of carriers and brokers.
Article 13 procedure and schedule 1. The inspection of Transports may act ex officio or at the request of users, carriers and brokers was founded of the transport or their associations.
2. To increase the effectiveness of the inspection function of transportation, you can establish or develop plans for inspection.
Second chapter. Users of transport Article 14 rights and obligations of users 1. The transport is geared to meet the needs of users, in accordance with the requirements of development and with the characteristics and peculiar of the territory, without losing sight of a cost of sustainable exploitation.
2. national and international passenger transport regular has to promote non-discrimination and mandatory assistance for people with disabilities or with reduced mobility.
3. in the regular transport of travellers, all under twelve years of age who do not have a ticket recognized by the directors-general should carry an authorization of the father, mother or tutor to buy the ticket.
4. in the regular international transportation of passengers, the transport company must submit to the Ministry responsible for the procedure that apply to accept the Minors traveling alone. This procedure must be validated by the competent Ministry. In all cases, any child under twelve years must carry an authorization of the father, mother or tutor to buy the ticket.
5. the Government is responsible for establishing the rights and obligations of the users of transport, diffusion and the fulfilment of which must be supervised by the competent Ministry. In particular, the damage caused by the users in the vehicles should be in charge.
Third chapter. Provisions on social matters Article 15 social conditions of road transport 1. Transport activities are carried out in strict and rigorous observation of the social rules laid down for its implementation, in accordance with the agreements and international treaties signed, in particular with the European Agreement concerning the work of crews of vehicles driving they perform international transport by road (AETR), done at Geneva on 1 July 1970.
2. The Ministry shall establish the regulations of social character. These rules regulate the driving time, breaks and rest periods for drivers who engage in public and private transport of passengers and goods, to harmonize the conditions of competition between modes of transport and to improve working conditions and road safety.
3. With these same purposes, the regulations also have to regulate the working time, breaks and rest periods for the mobile workers who engage in activities of public transport of passengers and goods, and should also establish measures of regulation of the circulation of certain modes of transport.
Article 16 media and technical instruments of control 1. To ensure compliance with cash and the observation of the measures that are in the article 15, it must adopt the means and instruments necessary technical and you need to observe their adaptation to technical progress. In particular, vehicles used to carry out the transport must be installed and in operation the device this device is compulsory, provided that the tachograph.
2. The tachograph device must be installed and reviewed by workshops authorised by the competent Ministry, which must meet the regulatory Regulation of the workshops for the repair of the digital tachograph in force.
Article 17 Drivers and staff of the company 1. The Ministry should be required by regulation to drivers and the staff of the company's initial training and continued that, in terms of driving and transportation or other related to the profession, whether they are mandatory in the European Union at any time.
2. The drivers and staff of the company with training are responsible for the obligations deriving from it.
3. The Ministry shall require special medical certificates to drivers to check their abilities in order to exercise the activity, to the benefit of the individual and collective security. The content of the medical check-ups for the certificates is determined with the Ministry responsible for health.
4. The driver must use the driver's license of the categories required for each transport.
5. The driver of a vehicle rental company earner of tourist types with driver must have at least of driving licence in the category B2 of the traffic Code in force.
The fourth chapter. Conditions for the activity of public transport carrier Training Requirements Article 18 general 1. Only natural or legal persons of Andorran nationality or legally residents who meet the requirements of professional qualification, financial capacity and good repute may exercise the activity of public transport of passengers or goods and auxiliary activities of mediation.
2. The Andorran companies that meet the requirements listed above who wish to carry out a public transport of passengers or goods by road shall be obliged to register in the General Register of carriers.
3. It is also necessary for these companies to register in the register of Commerce. The registration in the register of Commerce constitutes a prerequisite for exercising the activity referred to in the general training and also to obtain the authorization of the company.
4. Registration in the General Register of carriers and subsequent registration in the register of Commerce are subordinated to the company's compliance with the following requirements: a) meet the requirements of professional qualification, financial capacity and good repute.
b) comply, where applicable, the specific conditions laid down in the legislation related to the various types of transport or activity.
c) in the case of legal persons, be constituted in accordance with the legislation in force in the field of commercial companies.
5. The companies registered in the Trade Register are required to notify the Ministry of any modification of the data they have appear.
Article 19 General Register of Carriers 1. The Ministry manages the General Register of carriers.
2. The General Register of Carriers has four sections: in passenger transport section).
b) section of transport of goods.
c) section of car rental with and without driver.
d) section of mediators.
The registration in the register is valid only for the corresponding activity in the designated section.
3. In the General Register of Carriers there must include the following information: a) name, address and email address of the company.
b) business name, if different from the name of the company.
c) name and functions of the people to ensure the conditions of good repute and professional qualification of the company.
d) forms of transport that performs.
e) Relationship of vehicles available to the business organization.
f) proof of the financial capacity of the company.
4. The companies registered in the General Register of Carriers must notify the Ministry of any change of these data within a maximum period of two months.
Article 20 accreditation Form 1. If the applicant of the registration in the General Register of Carriers is a physical person, the holder must comply with the requirement of professional qualification. However, the professional training requirement can be met by a person who, providing their service in effective dedication the company that owns the applicant, to be appointed by the latter to manage the transport activity of the company. The holder must comply with the requirement of good repute. In the case of a designated person, as much as the owner must meet the requirement of good repute.
2. If the applicant for the registration in the General Register of Carriers is a legal entity, the person or persons who effectively direct and permanent the transport activity of the company have to prove all the requirement of good repute. It is sufficient, in terms of professional training, that this requirement is met by one of these people.
3. The person that meets the requirement of professional qualification of the company must be legally resident in Andorra or and with the right to exercise the trade.
Article 21 professional qualification 1. Is meant by "professional training" the possession of the knowledge necessary to exercise the activity of transport in the modes of passenger transport and freight transport.
2. The regulations in force that set the requirements for professional training, States: minimum knowledge in the subjects required in common) to the activities of transport of passengers and freight transport, the specific subjects for the transport of passengers and the specific subjects for the transport of goods.
b) the Organization of training to acquire the necessary knowledge.
c) call for the written tests, the content of these tests and their correction.
d) the issuance of the document that certifies the professional training, either in the activity of transport of passengers and freight transport.
3. The professional training is credited with the attestation that is delivered to the person concerned once the training and passed the written tests.
4. The attestation of professional training is delivered by the Minister of the competent Ministry.
5. In the event of the death or physical or legal incapacity of the person who up to that moment have fulfilled the requirement of professional qualification, the appropriate Ministry may authorize the continuation of the services or activities of public transport of the company during a period of one year, renewable for six months, in specific cases duly justified.
Article 22 good repute for the purposes provided for in this law, it is understood that meet the requirement of good repute people that are not found in any of the following circumstances: a) having been condemned, by firm judgment, by malicious crimes, with a penalty greater than or equal to one year in prison, while you have not obtained the cancellation of the penalty.
b) have been condemned, by a firm ruling, barely of disqualification or suspension, unless the profession of the carrier has no direct relationship with the crime committed.
c) have been administratively, twice in less than twelve months, for a firm resolution, for serious or very serious offences in the area of transport.
Article 23 economic capacity 1. The economic capacity implies to have the financial resources, infrastructure and media materials and auxiliaries necessary to put in place and properly manage the activity in question and ensure its viability.
2. For registration in the General Register of carriers, the economic condition is met if: a) the passenger public transport company has at least three vehicles, with a minimum total capacity of 60 people seated.
b freight public transport company) has at least one vehicle, with a capacity of minimum load of 12 tons.
In both cases, the age of the vehicles must be a maximum of three years from the date of manufacture. The vehicles must have the technical inspection of vehicles in force, must be able to circulate and must be registered in the register of Vehicles on behalf of the company, without reservation of domain and for the activity of the company.
3. The passenger public transport company loses the economic capacity when they have at least three vehicles, with a minimum total capacity of 60 people seated, with an age of less than six years from the date of manufacture.
The public transport company of goods loses the economic capacity when they have at least one vehicle, with a capacity of minimum payload of twelve tons, with a length of less than six years from the date of manufacture.
4. The companies of public transport of passengers and goods to maintain or recover the economic capacity if you present a bank guarantee, constituted by a bank deposit of a credit institution legally authorized to operate in Andorra, with no expiry date, with the following amounts: a) in the event that the company has three vehicles or less with a older than six years from the date of manufacture , the guarantee set forth in 6,000 euros.
b) in the event that the company has more than three vehicles with a older than six years from the date of manufacture, the security deposit in the amount resulting from multiplying 6,000 euros, by the number of vehicles with an older than six years from the date of manufacture, and for 1/3.
The vehicles that are taken into account for the calculation of the guarantee are the property of the company, are rented with or without driver, as well as those who are the subject of a leasing contract or by virtue of another legal form valid and authorised for this purpose.
The warranty is returned to the company when it meets the conditions laid down in paragraph 2.
5. The condition of economic capacity to prove themselves in front of the competent Ministry mandatory before obtaining the vehicle transport card of the company.
6. The companies rental cars with driver or without have to prove the economic capacity defined in article 84.
Article 24 variation in the determination of the economic capacity of the competent Ministry may exempt from compliance with the economic capacity or establish simplified procedures to certify this compliance, in relation to: a) Passenger Transportation carried out by persons or companies, main activity of which is not that of carriers or that do not have a commercial character, and having a weak impact on the transport market.
b national goods Transport), by the nature of the charge have a weak impact on the transport market.
c) Transports of passengers in vehicles with a capacity of up to nine seats, including the driver.
Article 25 repeal of the general training of carrier 1. The loss of any of the requirements of good repute, professional training or economic capacity, without prejudice to that provided for in article 21, entails the revocation of the registration of the company in the General Register of carriers.
2. The revocation is made with a previous request to the company affected, which is take to regularise its situation within a maximum period of one year, six months may be extended, in specific cases duly justified according to the criteria of the competent Ministry, starting from the date on which will ascertain the loss of any of the requirements mentioned above.
Article 26 business organization 1. The public transport is carried out under the direction and responsibility of the person who has been employed as a carrier. This execution is carried out through their own business organization, with the exception of cases of collaboration between carriers established in Title VII.
2. It is understood that the vehicles are integrated into the business organization of the carrier when this has in property, rental, leasing, or by virtue of another legal form valid and authorised for this purpose.
3. The vehicles used to transport activities must meet the technical conditions imposed by the current legislation on the matter, general and special for each type of transport.
4. The competent Ministry set by regulation are requirements that have to fulfill the vehicles in the area of energy efficiency, the use of new fuels to improve sustainability, accessibility of technical specifications (dimensions and weights, among others), and loading of the goods, as well as the use of new technologies (geolocation and fleet management, among others), which allow transport to be more effective for the benefit of users and carriers.
5. All public and private transport vehicles should be lettered with the name of the company, except for the occasional discretionary or taxis and vehicles for rent with driver.
6. The carrier or the vehicle rental company must ensure that the vehicles integrated into your business organization have sufficient parking.
7. The competent Ministry set by regulation the requirements and conditions which can be carried out indoor and outdoor advertising in the vehicles, taking into account the type of transport in which they are intended.
Article 27 1 transport card. The transport card, depending on the nature of the transport can be: in Public)
b Private) 2. It is forbidden to make public transport a vehicle with private transport card.
3. The vehicles integrated into the business organization must have a transport card, provided that they are public transport vehicles. In the case of private transport, vehicles must have a transport card, provided that they are heavy vehicles, of more than nine people or more than three and a half tonnes of total weight Max.
Chapter five. Financial regime Article 28 free competition the companies providing the services and the activities of public transport manage and carry out their operation in free competition and with full economic autonomy.
Article 29 price and tariffs 1. The price of the carriage are agreed freely between the parties that subscribe to the contract of carriage, unless the prices of regular public transport of passengers and the taxi service, which are set by the competent Ministry.
2. national public transport of passengers will be subject to uncertainty, when so specified in the folds of bases for the bidding of the concessions or the administrative authorizations. In the General conditions also determines how the administrative management of the income of the various carriers.
Article 30 public service obligations 1. Exceptionally, for reasons of public interest and when there are extraordinary circumstances that justify it, the Government may impose public service obligations on companies in public passenger transport and goods.
2. The Government and the amount of the indemnities arising from these obligations to compensate the companies.
Chapter six. Provisions applicable to foreign carriers Article 31 prohibition of inland transport 1. For the purposes of this Act, it is prohibited the transport of passengers and merchandise inside or coasting, unless an exception is expressly authorized by the competent Ministry.
2. The authorisation to make coasting or interior transportation for foreign vehicles pound the competent Ministry to demand for an Andorran company. To deliver this authorisation, the competent Ministry takes into account the community affected to the benefit of the general interest.
Article 32 Documents of foreign vehicles control of international transport of passengers and goods have to wear to the inside of the vehicle the administrative authorization to transport and transport documentation issued by the State in which it is established the company.
Title II. Public passenger transport chapter. Common provisions in the national public transport and passenger discretionary Article 33 characteristics of contract of carriage of passengers 1. The main object of the contract of carriage of passengers is the displacement of the passengers from one place to another.
2. in the contract of carriage of passengers, their luggage is accessory.
3. The execution of the contract of carriage should be formalised in the corresponding transport documents.
4. The competent Ministry may establish general or specific conditions in relation to the various passenger transport. These conditions are applicable so wholly owned subsidiary or supplementary to what the parties have agreed on the formalization of the contract of carriage in question.
Article 34 the rights and obligations of the parties 1. The provision of the transport is carried out under the direction and control of the carrier.
2. By reason of the contract of carriage, the carrier is obliged to transfer the passengers to the point of destination so harmless. In the same way, the carrier is obliged to admit it and to move the luggage of the passenger, within the limits and conditions laid down, and to carry out the transport adjusting to the conditions agreed.
3. The traveller, on the other hand, is obliged to pay the agreed price, and also to adopt the security measures against accidents, to respect the instructions of the carrier and to observe the conditions and requirements established for the good of the service. In addition to these obligations, the user must comply with the set of rights and obligations as established by the regulations of the competent Ministry.
Article 35 accident insurance 1. In addition to the compulsory insurance of accident that can offer its customers, companies dedicated to public transport should have mandatory insurance policies to cover as many current assisted vehicle civil liability that may arise from any incident occurred during the course of transport, both in front of third persons, such as in front of the same passengers and occupants from its collection until they have left unscathed the vehicle at their point of destination.
2. The insurance policies must contain express mention that the passengers and the crew members are considered third parties and that the warranty is extended to the civil responsibility that you can collapse any person who, with authorisation or contract of the holder or owner of the vehicle, the drive and make sure enough transport.
Article 36 Amount of liability 1. The competent Ministry may limit the amount corresponding to the civil liability arising from injury, death or disability.
2. Liability for loss, theft or damage of your luggage during transport can be limiting for each claim and per person transported, with the condition that the limitation of this concept is published in a clearly visible place for travellers, before contracting the trip.
Second chapter. Regular national public transport and Public Transport regular national passenger discretionary travelers Article 37 1. The national public transport passenger interurban regular parish and have the character of public service. These transports are owned by the respective administrations, either general or communal Administration.
2. the national intercity public transport regular parish and are subject to administrative authorization issued by the competent Ministry.
3. Do not have the character of public service are regular public transport intended to meet exceptional short-term or transits and duration limited temporarily, such as cultural events, sports, leisure or similar, or are intended for use exclusively for a particular group of users. The provision of these transports is subject to administrative authorization issued by the competent Ministry.
4. The delivery of the administrative authorization indicated in paragraph 3 is always with the condition that there be no overlap of regular transport services for the paths which run these transports.
Article 38 Establishment of regular transport services 1. The establishment or the creation of regular passenger transport services is the competence of the Government, which should assess in this effect the concurrent circumstances in each case. In particular, should take into account the current and potential demands of transport, the means exist to serve them and the possibilities to increase the efficiency of the services established in order to avoid unnecessary duplication and overlap of services, and also the impact of the inclusion in the economic balance of the service.
2. These services are subject to concession or administrative authorization issued by the competent Ministry.
Article 39 forms of management and contracting 1. Regular passenger transport services may be provided by means of direct public management by the same administration, or by concession or administrative authorization issued by the competent Ministry, or by another procedure provided in the law on public contracts in force.
2. The national public transport passenger regular concessions are awarded according to the procedure established for the management contract of services in the public procurement Law in force.
Article 40 exclusive concessions and permits delivered by the competent Ministry 1. The concessions and permits are understood granted with exclusive character and while they are in effect unable to establish other concessions or authorizations covering duplicate transport services, except in exceptional cases for reasons of general interest.
2. When you remember exceptionally the establishment or the creation of a regular public passenger transport service, the route of which match those of total or partial way with another existing object and turn the concession or authorization, you must articulate their management as an addition or an extension of the concession or authorization, respecting existing financial balance of the service.
Article 41 duration of the concessions and permits delivered by the competent Ministry 1. Administrative concessions are awarded for a minimum of fifteen years, and can be prorrogades for periods of five years up to the maximum established in the law on public contracts in force.
2. The administrative authorisations are awarded for a maximum duration of 15 years and can be prorrogades once for five years.
Article 42 of the Conditions of service 1. The regular passenger transport service must be rendered in the conditions established in the contract of concession or administrative authorization issued by the competent Ministry and during the period that you set.
2. The competent Ministry may modify the terms and conditions stipulated in the contract of concession or administrative authorization. In this case, is bound to respect the economic-financial balance of the concession or authorization.
3. administrative authorisations or concessions are non-transferable, except in cases determined by the competent Ministry.
4. The competent Ministry established jointly with the company awarded the concession or administrative authorization in order to combat fraud and the incidents with the users, for the transport of pets, as well as any penalties and control of inspectors.
Article 43 National Public Transport passenger discretionary discretionary public transport passenger national is not subject to administrative authorization. However, the competent Ministry may request a route, such as the occasional international transport.
Third chapter. International public transport Public Transport regular international passenger 44 Article 1. The regular international passenger public transport must have an authorization issued by the competent Ministry passenger transport.
2. To be able to make use of this authorization, the Andorran company should formalize an agreement with a foreign State transport company by which runs the transport. Companies must complete the application for authorization demand, with all the necessary information relating to the transport, in front of the competent authorities of each State.
3. The authorisation is issued by the competent authorities of the States and consensus where runs the transport. The United States can determine the maximum number of regular services that can be made by itinerary, for the benefit of users and carriers.
4. Companies are required to carry out the transport in the terms and with the exceptions that may be established in the provisions of the permit.
5. This authorization is valid for up to five years.
Article 45 international public transportation public transportation discretionary discretionary international travelers is not subject to administrative authorization.
Article 46 Transport shuttle 1. The shuttle transport must have an administrative authorization issued by the competent Ministry.
2. To be able to make use of this authorization, the Andorran company should formalize an agreement with a foreign State transport company by which runs the transport and with a tour operator.
3. Companies must complete the application for authorization demand, with all the necessary information relating to the transport, in front of the competent authorities of each State.
4. The authorisation is issued by the competent authorities of the States and consensus where runs the transport.
5. Companies are required to carry out the transport in the terms and with the exceptions that may be established in the provisions of the permit.
Title III. The taxi service Article 47 kinds of taxi services Are taxi services can be: a) ordinary post, when they are hired by the total capacity of the vehicle, although it does not occupy all the seats, and when the price is determined at the end of the race, by means of a meter that aims to measure the mileage traveled and the time of the service.
b Private or occasional), when they are hired by each individual square regardless of the occupation of the rest of the places available, and when the price of the service is fixed in advance by common agreement between the driver and the passengers. If the user deems convenient, you can also rent the whole of the people.
Article 48 1 Taxis. The characteristics and dimensions of the taxis, as well as their official signage, must meet the requirements of the regulations of the current taxi.
2. vehicles must have the antiques business for their service and for their withdrawal from the service set out in the regulations of the current taxi.
3. Advertising in the taxi is regulated by the regulation of advertising in the current taxi service.
Article 49 taxi drivers 1. The taxi services can only provide individuals who meet the requirement of good repute defined in article 22 and who have obtained the taxi license that enables to perform them.
2. Any person who becomes the owner of a taxi licence has the obligation to provide the service in person. At the request of the holder of the license, the competent Ministry may assign another driver as long as they meet the requirements of the regulation of the taxi in force.
Article 50 licenses: grant, duration, extension, expiry, extinction and succession 1. A person can only be the holder of a taxi license.
2. The service of taxi explodes with the transport card. A license has one or two transport cards. In the transport card listed, among others, the data of the vehicle that is used in the service and the identification of the driver, which in turn is the owner.
3. The taxi license is granted for a period of ten years, renewable for periods of ten years, and automatically expires seventy years of age of the owner.
4. The grant, duration, extension, expiration, extinction and the succession of the taxi license must meet the requirements established in the regulations of the current taxi.
Article 51 rates and taxi prices 1. The ordinary taxi services are subject to tariffs that the Ministry review and approve periodically.
2. In the services of taxi or private hire occasional the Contracting Parties agree to price freely.
Article 52 obligations, responsibilities and operation of the taxi service 1. The owners of the taxi licences must comply with the obligations and the responsibilities, and must exploit the taxi service, guaranteeing the provision of the service, according to the requirements established in the regulations of the current taxi.
2. In the same way, the obligations and the rights of users with or without luggage to the taxi service, and the duties and the functioning of the central reservation of taxi service are set forth respectively in the regulations of the taxi and the central reservation of taxi service, currently in force.
Title IV. Public transport of goods Article 53 characteristics of contract of carriage of goods 1. The main object of the contract of freight transport is the movement of goods from one place to another.
2. in the contract of carriage of goods has been stating its nature and the specificity of its object and the legal system, their modalities of execution, the price and the respective obligations of the consignor, the consignee, the carrier and the recipient or intermediary.
3. The competent Ministry may establish contracts in relation to the transport of goods and their conditions are applicable so wholly owned subsidiary or supplementary to what the parties have agreed on the formalization of the contract of carriage in question.
Article 54 of the Charter of the port 1. The port is the document that certifies the existence of a contract of carriage of goods, its exact terms, conditions and receipt of the goods by the carrier.
2. The absence, irregularity or loss of the port does not affect the existence or the validity of the contract of carriage of goods.
Article 55 the carrier's Obligations 1. In the time that takes over the goods, the carrier is obliged to check: a) the accuracy of the data of the port concerning the number of packages and their marks and numbers.
b) the State of the goods and their packaging.
2. The ordering party has the right to require that the carrier will verify the gross weight or the amount of the goods expressed through another parameter. You can also require the verification of the content of the packages, while the carrier will, in turn, can claim the payment of the costs of verification. The result of the verifications is left-luggage Office at the port.
Article 56 the carrier's Liability 1. The carrier is liable for the total or partial loss of the goods or of the breakdowns that occur between the time of reception of the goods and the time of delivery, as well as the delay in delivery. The carrier ceases to be responsible for the merchandise once delivered and received in compliance by the recipient.
2. The carrier is relieved of liability if the loss, damage or delay occurred due to negligence of the ordering party or who has the right on the goods, or by an instruction that is not derived from a carrier's own hidden vices or guilty, for the goods or by circumstances which the carrier could not foresee and the consequences of which could not be avoided.
3. The carrier must prove that the loss, damage or delay is caused by any of the acts provided for in paragraph 2.
Article 57 Responsibility of ordering the ordering party is liable to the carrier for damages for default of the goods to the people, equipment or other goods, and also the expenses caused by defect in the packaging, if it's not that these defects were manifestos or known by the carrier at the time when he took charge of the goods and did not make the corresponding entries in the transport documents.
Article 58 nullity of clauses of exemption from liability any clause of the contract of carriage which, directly or indirectly, be contrary to the liability regime described in articles 56 and 57, is null and without effect in its own right. However, the nullity of this clause does not involve the nullity of the other clauses of the contract.
Article 59 Limits the carrier's liability and insurance
1. The Government may establish the maximum quantitative limits on carriers ' liability arising from the contract of carriage of goods, which in the absence of an express clause between the parties on the value of goods are applicable for the purposes of determining the liability of the carrier.
2. In the same way, the competent Ministry may establish mandatory that companies subscribe to an insurance policy that covers their liability arising from the contract of carriage of goods, under the terms and within the limits determined by.
Article 60 responsibility in case of successive transport if a transport of goods subject to a single contract is executed by successive carriers, each assumes the responsibility for the implementation of the total transport. The second carrier and each of the following are required only for the acceptance of the goods and of the port.
Article 61 performance of the action of responsibility in case of successive transport 1. The action of liability for loss, damage or delay in the successive transport can only be directed against the first carrier or the last, or against the one that executed the transportation during which the loss, damage or delay. In the event that a carrier may have an annotation in the documents of transport, the liability of transport is maintained in the first and the last one happens to be the carrier prior to that has made the observation.
2. The action provided for in paragraph 1 may also be directed against all carriers at the same time.
Article 62 transport Authorizations 1. The national public transport of goods is not subject to administrative authorization.
2. The international public transport of goods is subject to administrative authorization of the State by which runs the transport. This authorization is given by the authority of the foreign State to the competent Ministry, that's who the pound in the Andorran company.
3. The Andorran carrier must have the prior authorisation of the transport of the State by which runs the transport. In application of the reciprocity, the overseas carrier must have a permission of Andorran transport to travel through the territory of Andorra.
Title v. private Transport Article 63 private transportation Classes can be of three kinds: a) commercial private Transport.
b) complementary private Transport.
c) particular Transport.
Article 64 private Transport is carried out by a company or private transport the commercial one, and that together the two following requirements: a) Be designed to meet the needs of the movement of goods and of the personnel of the company or the site.
b) carried out with vehicles that are integrated in the business organization.
Article 65 supplementary private Transport 1. Private transport is the company or a proposed supplementary to complement their main activity.
2. in the supplementary private transport of travellers, users have to be customers of the company or of the establishment. The vehicle used must be of type tourism. The origin or the destination of the trip must be that of the company or the site.
3. The vehicle that carries out complementary private transport should be the property of the company or the establishment and must be registered in your name. However, it allows the use of renting vehicles (medium-term rental) or leasing (hire-purchase) provided that the yellow card verifies the owner of the company or the site. At the time that the company acquires a vehicle for this purpose, this vehicle should have a maximum of four years from its manufacture and should be lettered on behalf of the company. The vehicle is not able to continue providing this service when meets ten years old from their manufacture.
4. In the event that a company or a property using a unique vehicle to make a complementary private transport, does not take into account the age of the vehicle set out in paragraph 3.
5. The vehicle must have an insurance policy to cover the civil liability that may arise from any incident occurred during the course of transport, both in front of third persons, such as in front of the same passengers and crew members, from its collection until such travellers and squatters have left unscathed the vehicle at their point of destination.
6. The vehicle must be driven by the salaried staff of the company or of the property, which must have a driving licence in the category B2 of the traffic Code in force, in the case of complementary private transport of travellers, and comply with all the requirements set forth in article 17.
7. The supplementary private transport should be free and cannot be checked in.
8. In any case, the international transport of passengers can be considered as a complementary private transport. The international transport of passengers must be carried out by companies of public transport of passengers or for taxi companies.
Article 66 particular Transport Is particularly private transport that is designed to meet the needs of personal shift or pet of the holder or owner of the vehicle or of the people that surround it.
Title VI. Specific transport Article 67 official Transport 1. Official transport those who carried out the Government, parapublic companies and affiliated companies by the Government to meet the needs of displaced people or goods arising from their activity.
2. the official transport are considered private transport and are not subject to administrative authorization.
Article 68 School Transport 1. The school transport is one that is organized by the Government and is considered public transportation.
2. The conditions of implementation and operation, as well as the rights and obligations of the parties involved in the students ' school transport services between the points of collection and the schools, and between schools and sports facilities, ski, cultural, educational and leisure activities, should be guided, in all matters not foreseen by this law, the regulations of the school transport regulatory force and others that you can deploy the Ministry responsible for its organisation and management, as well as the Ministry responsible for transport.
3. The award of school transport is done in accordance with the procedure established in the Act on public contracts in force. Authorization to make the school transport is materialized with the contract signed between the Ministry in charge of school transport and the company awarded the contract.
Article 69 the Transport organized by the educational institution or non-profit entities 1. The transport organized by the educational institution or non-profit organizations can have the consideration of public or private transport.
2. Provided that transport passengers under age, they must comply with the safety standards laid down in the regulation school transport regulatory force and others that you can deploy the Ministry in charge of its organization and management, as well as the Ministry responsible for transport.
Article 70 Transport of workers to their place of work 1. The carriage of workers to their place of work is considered private transport.
2. This transport is subject to administrative authorization issued by the competent Ministry of transport of travellers, provided that this transport is regular and carried out by a public transport company.
Article 71 medical Transport 1. Sanitary transport can have the consideration of public or private transport.
2. The medical transport must comply with the requirements set forth in the regulation by which regulates the medical transport force and others that you can deploy the Ministry responsible for health, as well as the Ministry responsible for transport.
Article 72 the funeral funeral transport Transport is considered private transport.
Article 73 Transport of dangerous goods 1. The transport of dangerous goods may be considered public or private transport.
2. dangerous goods Are goods which, due to their properties, they must be transported while maintaining their physical characteristics and their packaging intact, and with optimal levels of security in transport, from the producer to the consumer.
3. The transport of dangerous goods have to comply with the agreements and international treaties signed, in particular the European Agreement concerning the international transport of dangerous goods by road (ADR), done at Geneva on 30 September 1957.
Article 74 Transport of perishable goods 1. The transport of perishable goods may be considered public or private transport.
2. the goods Are perishable goods fit for human consumption, and therefore should not incur any loss of quality in the transport, from the producer to the consumer.
3. The transportation of perishable goods must respect the agreements and international treaties signed, in particular the agreement relating to the international transport of perishable goods and special widgets used for these transports (ATP) done at Geneva on 1 September 1970.
Article 75 special Transport 1. Special transportation may be considered public or private transport.
2. Special transport of goods is increasing the size or weight of the vehicle with which it is made.
3. Special transport must comply with the regulation of the circulation of transport of goods and special force and others that you can deploy the Ministry responsible for mobility, as well as the Ministry responsible for transport.
Article 76 roadside assistance 1. The transport of injured or damaged vehicles that carried out the roadside assistance is considered private transport.
2. In the case of transporting new vehicles or occasion, you can have the consideration of public or private transport.
3. Foreign companies must have a document of transport command of the vehicle damaged or injured with destination abroad.
4. roadside assistance companies, both national and foreign, must comply with the regulation of current repair of vehicles cars.
Article 77 the Transport of funds 1. The transport of funds may be considered public or private transport.
2. The transport of funds must comply with the current legal framework related to the professional transport of funds and the rules that may be established by the Ministry responsible for the interior and the Ministry responsible for transport.
3. The cross-border transport of funds in euros is the professional transport, charges on behalf of third parties, or by a transport company in the background, in a vehicle and transport by road, of notes or euro coins from a State participant in order to deliver or pick up notes or euro coins in one or more locations of one or more participating States , and in the State of origin. The same vehicle can carry a maximum of 20% of the total value of the cash carried in currencies other than the euro, when most of the deliveries or collected in euro made to a transport vehicle in the background during the same day is carried out in the territory of the host State, or, in the case of point-to-point transport When the transport takes place between two different participating States.
4. The cross-border transportation of Euro funds must comply with the provisions to be determined by the regulations relating to the common rules governing the cross-border transport operations in euros and the specific rules applicable to each type of cross-border transport of funds in euros.
5. Companies that wish to carry out cross-border transport of funds must apply for the specific license to the Government.
Article 78 the Transport of waste 1. The transport of waste can have the consideration of public or private transport.
2. Depending on the type of waste, the transport may be subject to the rules for the transport of dangerous goods (ADR).
3. The transport of waste must comply with the regulations by which regulates the transport of waste in force and others that you can deploy the Ministry responsible for the environment, as well as the Ministry responsible for transport.
Article 79 the transportation of live animals 1. The transport of live animals may be considered public or private transport.
2. The transport of live animals must comply with the requirements established by the competent Ministry in the area of agriculture and the Ministry responsible for transport.
Article 80 Other forms of transport The competent Ministry may regulate the various types of transport future that are considered to be specific.
Title VII. Cooperation between carriers and administrations Article 81 co-operation between carriers
The Government, within the framework of respect for free competition, it has to promote the Association and cooperation between the carriers and to promote the establishment of forms of cooperation.
Article 82 collaboration between carriers 1. To deal with exceptional situations of intensity in the number of passengers or of freight transport demands that exceed the same operational capability of the company, which cannot be met by vehicles attached to the business organization of the carrier, this can serve using the cooperation of other carriers that have the necessary means. The vehicles can be with or without driver and using any valid legal formula for collaboration. The vehicles must have the characteristics necessary to perform authorizations and the transport in question.
2. In all cases and for all purposes of the obligations and responsibilities of legal nature, the service is understood to have paid to the company owner, considering the vehicles donated by other carriers, integrated into your business organization.
3. In the case of a concession or administrative authorization, the company concerned must respect the provisions of the contract or authorization, or to request the authorization of the competent Ministry.
Article 83 cooperation between administrations the Government can establish cooperation agreements with the Commons in order to organize transports intraparroquials. In these cases, you must set up the coordination of necessary schedules and routes between the different national public services and intraparroquial.
Title VIII. Rent a car with driver and without Article 84 common provisions 1. To obtain the corresponding Trade registration, car rental companies have to meet: a) the requirement of good repute set in article 22.
b) The economic capacity as follows:-the company of rental cars with driver must have a minimum of five cars, which are high-qualified by the manufacturer, registered in the register of Vehicles on behalf of the owner of the company, and a minimum of three salaried drivers to the company.
-the company car rental without a driver must have a minimum of ten vehicles, registered in the register of Vehicles on behalf of the owner of the company.
-rental companies vehicles with or without a driver must have a maximum of four years from the date of manufacture to be registered in the name of the owner of the company.
2. The business of car rental with driver or without lose the economic capacity when they fail to meet the requirements mentioned in paragraph 1. Can maintain or restore economic capacity if you present a bank guarantee, constituted by a bank deposit of a credit institution legally authorized to operate in Andorra, with no expiry date, the amount resulting from multiplying 6,000 euros, by the number of vehicles with an age of more than four years from the date of manufacture, and 0 ' 5.
3. rental companies vehicles with driver or without need to be retired from service when they reach ten years old from the date they were made.
4. The rental vehicle with driver must have necessarily agreed and in force the policy to cover civil liability that may arise from any incident occurred during the execution of the contract of rent, both against third parties such as in front of the same passengers and crew members, from its collection until such travellers and squatters have left unscathed the vehicle at their point of destination.
5. The rental vehicle without driver must have necessarily agreed and in force the policy to cover civil liability that may arise from any incident occurred during the execution of the contract of rent, to third parties.
6. the companies vehicles for hire with or without driver must have transport card.
7. The rental of a vehicle with driver or without must be formalized in writing between the company and the individuals or legal entities that rent.
8. The companies vehicles for hire with or without driver cannot stop at a taxi stand.
9. The competent Ministry may establish the characteristics of the vehicles can be rented.
Article 85 rental cars with driver 1. Can only perform the activity of rental cars with driver companies that have relevant Trade registry.
2. The driver of the company must comply with the requirements set forth in article 17.
86 article car hire without driver 1. Can only perform the activity of rent a car without a driver, the companies that have relevant Trade registry.
2. The carrier who rent a vehicle without a driver must have a corresponding Trade registry. The rented vehicle can be used in private transport or public transport, provided that in the latter case the lessee is a public transport carrier.
3. A vehicle registered in a company car rental without a driver, tourist type cannot be driven by a professional driver independent.
Article 87 special vehicles rental 1. Can only perform the activity of special car rental companies that have relevant Trade registry.
2. These vehicles can be rented with driver or without.
3. The driver of the company must comply with the requirements set forth in article 17.
4. The competent Ministry may establish the characteristics of unique vehicles that can be rented.
Title IX. Auxiliary activities of mediation Article 88 kinds of mediators 1. A mediator is a person or entity that is involved in the procurement of the transport of passengers or goods, how to Setup Wizard interposed between users and carriers. The facilitator arranges the transport for administrative purposes but cannot be done physically with their own materials.
2. The functions of the mediators between the users of the transport and the carriers can be carried out by the travel agencies, in the case of passenger transport, and land-based operators, in the case of goods transport, and can carry out mediating activity in all modes of transport.
89 article travel agency 1. A travel agency is a natural or legal person engaged in the exercise of activities of mediation, organization or management between passengers on the one hand, and hotels, transport services, tour guides, or others, on the other hand.
2. A travel agency can arrange transport of passengers both in the national and in the international arena and must sign up on their own behalf or on behalf of the users with the corresponding movements in public transport companies or to companies of taxi.
3. A travel agency cannot perform public passenger transport or transport vehicle with a complementary private property.
Article 90 terrestrial Operator 1. A Earth operator is a natural or legal person engaged in the exercise of activities of mediation to arrange transport of goods between the carrier and the ordering party or the consignee or the consignor.
2. A ground operator can arrange transport of goods both in the national and in the international arena and must sign up on their own behalf or on behalf of others are transport corresponding to a public transport company authorized.
3. A land operator cannot perform public transport of goods with a vehicle of property.
4. A land operator must have an economic capacity, set up by a bank deposit of a credit institution legally authorized to operate in Andorra, with no expiry date, a minimum value of 20,000 euros.
Title x. transport Stations and stops Article 91 General information 1. Transport stations are locations aimed to focus the departures and arrivals of the vehicles of public transport in a given population. Can also be used by private transport vehicles.
2. transport stations can be of passengers or goods.
3. The use of transport stations may be compulsory or voluntary for the passenger transport services, in accordance with the conditions established by the competent Ministry. In any case, it is mandatory to use them for regular international transport of passengers.
4. The facilities and the land intended only to garage or parking of vehicles do not have the consideration of transportation stations.
Article 92 Location the location of transport stations should not only respond to reasons to facilitate the exploitation of the services that they have to use, but also to their coordination with other modes of transport and to its accessibility. Also, to determine the location, you have to weigh their impact on the urban aspects, traffic intensity, mobility, safety and the environment.
93 article Ownership and operation 1. The creation of the transport stations may be ex officio or at the request of individuals, and therefore can be public or private.
2. In the case that there are various transport stations, the Ministry determines to which international transport have to transit station regular travelers.
3. The activity of the private-owned transport stations is subject to the availability of the corresponding Trade.
Article 94 Points and 1 parking. The parking and bus stop (bus stop, taxi rank and bus stop loading and unloading) for all services defined in this law are fixed by the common of each parish.
2. These points must respect the characteristics (dimensions and signalling), safety regulations, the conditions of use and other established in the code of the current circulation, as well as the concrete that can be set in the regulations for each type of service.
3. The supply, installation and maintenance of the signs (vertical and horizontal), the street furniture (bus shelter, bench, trash or other) and facilities (electricity) corresponds to the common.
4. In the case of regular national transport, the Government can provide and place the signs, furniture and facilities of the affected stations.
5. The management of the advertising of the bus stops for the owner of the canopies.
6. With reference to the bus stops, the Commons must inform the competent Ministry of the creation of the new stops for the Ministry to verify the safety and the register in the register of bus stops, with the number and the corresponding name.
Title XI. Infractions and sanctions Article 95 persons responsible for 1. The administrative responsibility for infringements of the regulations of the transports and their auxiliary activities regulated in this law is: a) On the offences committed during the course of transport or activities subject to concession or administrative authorization, to the natural or legal person the holder of the concession or administrative authorization.
b) in offences committed during the course of transport or auxiliary activities without the corresponding authorization, to the natural or legal person of the activity or the owner of the vehicle.
c) On the offences committed by the ordering party, users and, in general, by third parties who carry out activities that are affected by the regulatory legislation of the terrestrial transports, without being included in the previous sections, to the natural or legal person to whom it is addressed the precept infringed or to which the rules pertaining specifically to assume responsibility.
2. The administrative responsibility is required for persons to which it refers in paragraph 1, without prejudice to these people can infer appropriate actions that are against the people who are materially attributable infringements.
Article 96 kinds of infringements infringements of the regulations of the transport by road are classified as minor, serious and very serious.
Article 97 minor Violations are considered minor violations: a) not in a visible place of the vehicle the hallmarks required by the current regulations relating to the corresponding transport type, modify or use inappropriately these badges, or carry advertising with conditions other than those authorized, when they do not constitute a serious violation or very serious.
b) to transport travelers in a number greater than the legal or regulatory manner authorized for the vehicle in question, unless this infringement has been classified as a serious or very serious.
c) Missed the mandatory rates boxes, calendars, schedules, notices and other disclosures required display for public knowledge.
d) Not the norms in fixed and facilities on vehicles, with the exception that this compliance has to be qualified as a serious violation or very serious.
e) dealing with inconsiderate users in passenger transportation.
f) the breach, on the part of the passenger transport company, from users or their legal representatives in the transportation of minors, of the obligations that are in accordance with the rules of use of the service established by the regulations, unless the regulations in which established these rules is considered the breach as serious or very serious.
g) the breach of the social conditions of transport set by the regulations in force when they have been considered serious or very serious violations (improper use of the disks diagram, lack of paper to print the data from the tachograph, or other comparable), and passing up to 20% of the maximum time authorised driving or failure up to 20% of the time of rest daily and weekly.
h) excess weight greater than the maximum allowed, whether total (up to 15%) or axle (up to 30%), when this does not constitute a serious violation or very serious.
and unjustified infringement of the times) in which these are prefixed with the competent Ministry or the Ministry responsible for school transport.
j) decrease the visibility of the driver to the effect of the load, causing noise, dust or other avoidable inconveniences. Do not carry the load indicated.
k) failure to comply with the ADR regulations, except that this fact has to be qualified as a serious or very serious violation.
the) any other violation, action or omission not provided for in the preceding paragraphs that violates the provisions of this Act or the regulations in force and that it is classified as a serious or very serious violation.
Article 98 serious Offences are considered serious violations: a) the breach of the essential conditions of the concession or administrative authorization, except that it has been classified as a very serious infringement.
b) carrying out complementary private transports that do not conform to this law.
c) the performance of the carriers as renters or colleagues that fails to meet the conditions that are required.
d) The provision of public services of transport using the mediation of natural or legal persons not authorized, without prejudice to the penalties that may be applicable to the mediator, in accordance with the provisions of article 99.
e) Not the fare scheme. In any case, the responsibility belongs to the carrier and the provider, and in the transport of goods, also in the other party when his performance is decisive in the breach and, in any case, when it is a question of perceived price inferior to the minimum set.
f) the repeated failure and unjustified of the timetable in the services to which these are prefixed with the competent Ministry or the Ministry responsible for school transport.
g) the refusal or obstruction of the performance of the inspection services when they do not have to be considered as a very serious.
h.) the breach of the social conditions of transport set by the regulations in force when they have been regarded as very serious offences (use of the disks diagram that are not approved or that are incompatible with the tachograph used, lack of information in the diagram or the conservation of the data from the tachograph cards or other comparable), and passing on more than 20% of the maximum time allowed, driving, or non-compliance in more than 20% of the time of daily and weekly rest.
and the higher the highest excess weight) authorized, whether total (up to 25%) or axle (up to 50%), when this actually constitutes a very serious infringement.
j) minor infringements when in the twelve months prior to his Commission in charge has been sanctioned as a author of a mild violation.
k) on school transport, behaviors that put at risk the safety of the student or other users of the vehicle.
the) Load a vehicle so that put in danger the people or that you can create material damages, whether or not duly protect the load to avoid that you can let go of the whole or in part during the journey, or exceeding the authorized dimensions.
m) the breach of the ADR regulations, except that this fact has to be qualified as a very serious infringement.
Article 99 very serious Offences are considered serious violations: a) to perform activities regulated in this law without having applied and having obtained the corresponding administrative authorization, or without being registered in the register of Commerce or without being registered in the General Register of carriers.
b) making transport in conditions that may affect the safety of the people because they involve a serious and direct danger for them.
c) Use a vehicle identified by a class of transport for the realisation of which do not have corresponding administrative authorization.
d) the lack of the tachograph, of the meter and of the elements of these devices or other control instruments (speed limiter, or other) that is required on the vehicle.
e) Manipulate or distort intentionally the tachograph, the meter or other instruments of control, the installation of which is mandatory in the vehicle, so that no data are obtained or obtained are false, with impact on the security or the management of the transport. Have installed a mechanical element, or of another nature with the same purpose, although it is not in operation at the time of the inspection.
f) the refusal or obstruction of the performance of the inspection services that prevent the exercise of the functions that are attributed to legal or statutory.
g) non-compulsory insurance subscription.
h) Exercise the activity of public transport with vehicles that are not owned by the carrier or company that does not have a lease with the legally established conditions or regulations.
I) allow the use of vehicles to carry out the activity of public transport to other natural or legal persons that are not registered in the General Register of Carriers or that do not have a lease with the legally established conditions or regulations.
j) Distort any document that is required to make or use the transport in general and, in particular, the school transport.
k) Infringe or distort the financial capacity requirements legally required to perform activities regulated in this law.
the) public transport vehicles drivers Reward according to criteria or parameters that can severely compromise security.
m) Demand remuneration for private transportation.
n) Falsify any document necessary to grant a concession or administrative authorization.
or the granting or paralyze services) transport before you have completed the term of the grant or of the administrative authorization, without the consent of the Administration, when this seriously disturbs the general interest.
p) does not have the authorization of transport for foreign companies.
q) the breach of the rules governing ADR.
r) the non-compliance of the regulations relating to the transport of national funds.
s) serious infringements when in the twelve months prior to his Commission in charge has been punished as a perpetrator of a serious violation.
Article 100 Penalties 1. The minor offences are sanctioned with a fine of a maximum of 600 euros; the grave, with fine of 601 euros up to a maximum of 4,000 euros, and the very serious offences, with a fine of 4,001 euros up to a maximum of 12,000 euros.
2. With reference to the school transport, the Ministry in charge of organizing it and manage it can apply disciplinary sanctions and/or economic or service users responsible for anti-social behaviour, legal or contrary to public order, which may lead to the temporary suspension of the driver's school transport up to 20 days in the case of groups, typified the lack as a slight; up to 80 days in the case of groups, typified the lack as a serious, and up to 180 days in the case of groups, typified the lack as very serious.
3. The penalty is imposed, within the limits established in the previous sections, in accordance with the following criteria: a) Intentionality of the offender.
b) social impact of the infringement.
c) Damage caused.
d) number of offences committed.
e) Effects of the sanction.
f) safe conduct.
To determine the gradation of the sanctions, it has to take into account the principle of proportionality between the offence committed and the amount, and the effects of the sanctions.
4. the Commission of very serious infringements set out in letters a and c)) of article 99, regardless of the pecuniary sanction that corresponds, may involve the seal of the vehicle with which the transport is made and the withdrawal of the authorization, as well as the closure, if applicable, of the premises where the activities engaged in during a maximum period of one year , without prejudice to the payment of wages or compensation that appropriate and of the measures that can be set to ensure it.
5. When those responsible for the violations indicated in article 99 have been sanctioned through administrative resolution short by the same kind of very serious infringement in the preceding twelve months, the second infringement involves the temporary withdrawal of the corresponding administrative authorization, under which screened the activity or service is paid for a maximum period of one year. The third and successive infringement within the period of twelve months mentioned involve the temporary or definitive withdrawal of the authorization, as well as the professional attestations. In the calculation of the term mentioned does not take into account the periods in which it has not been possible to perform the activity or provide the service because the permission has been temporarily withdrawn.
6. Sanctions covered in this law are compatible with the possibility that the competent Ministry agrees to the expiration of the concession or the revocation of the authorization to the causes and through the procedure to be determined by regulatory way.
Article 101 infractions and sanctions of the cross-border transport of funds in euro 1. For national companies with cross-border license, if the Ministry responsible for transport is aware that there has been a violation of any of the conditions with which it has been granted the license, the Ministry may send a warning, impose a penalty, suspend the licence for a period of between two weeks and two months or withdraw the license to the company Depending on the nature or the seriousness of the violation. Likewise, you can deny the company sanctioned the application for a new license for a period of up to five years.
When it becomes aware of this violation through the competent authorities of the transit State or host, sanctions are imposed within a maximum period of two months.
2. for foreign companies with cross-border license, if the Ministry of the interior or the Ministry responsible for transport discovers that there has been a violation, these ministries we communicate to the issuing authority of the license of the company that will decide the appropriate penalty.
Likewise, the Ministry of the interior responsible for communicating to the issuing authority any infringement referred to: a) The advance notification to the Police Service of the transport operations of the Fund.
b) the obligation that the vehicles are equipped with a device that will allow them to track them.
c) the obligations of listening of the point-to-point transport operations of high value on the part of the Police Service.
3. in addition to the communications referred to in paragraph 2, the Ministry responsible for transport, with the preliminary report released by the Ministry responsible for the interior, you can impose a sanction in case of violation of the lyrics), b) and c) of paragraph 2, as well as in connection with the modalities of transport provided by the regulations, and may also ban the security personnel in charge of transport to carry out cross-border transport in the territory of Andorra.
4. The Ministry responsible for transport, with the preliminary report released by the Ministry of the interior, responsible may suspend the right of use of the license in the Andorran territory for a maximum period of two months, until you request the issuing authority of the license of the company, which has to adopt its decision within this period, if the fund company : in) has not respected the rules relating to the minimum number of the security personnel in charge of the transport of funds in each vehicle or relating to weapons.
b) Exercises its activity in such a way that it represents a danger to public order.
c) has committed repeated infringements in the applicable regulations.
102 article Aggravation of sanctions 1. The agreujaments provided for in article 98. a), in the article 99. p) and to article 100.5 are only applicable in each of the following cases:
to) if the offences have been committed while sipahi services or perform activities subject to the same concession or administrative authorization.
b) When infringements have been committed on the occasion of the material by the same responsible for transport services subject to various authorizations, and when referring to the same type of transport. For this purpose, it is understood that the same type of transport:-private transport.
-The transport of travellers by public transport companies or to companies of taxi.
c) if the offences have been committed at check-in activities that do not benefit consisting of material transportation services, but who run the same company as a complement of this material benefit, although the services are subject to different authorizations and these do not correspond to the same type of transport.
d) if the offences have been committed while performing services or activities provided without the corresponding administrative authorization, provided that they have been produced in a single service or a single activity that has been carried out under an administrative authorization, or in providing material of a same type of transport according to the had to the letter b).
e) When infringements are attributable to the same responsible among those to which reference is made in article 97. b).
2. The worsening established in this article is not appropriate for the physical or legal person sanctioned for a previous infringement of any of the provisions mentioned in paragraph 1, as a responsible administration, under judicial or administrative resolution, when the material responsibility of this offence was attributable to another person, in accordance with the provisions of article 97. a).
Article 103 prescription of infringements 1. Infractions provided as mild in this law prescribed once passed six months; the serious, two years have passed, and the very serious, when it passed five.
2. The term of prescription of infringements is interrupted, in any case, when you practice actions aimed to find out the identity or the address of the offender or any other circumstance necessary to test and qualify the infringement.
Article 104 competitions in matter to impose penalties Without prejudice to the powers legally attributed to the Government, the Ministry responsible for transport and the ministries mentioned in Title VII shall, the processing and resolution of administrative sanctioning offences envisaged in this law.
Article 105 the sanctioning Procedure 1. You may not impose any of the sanctions set out in this law without having followed the procedures of the appropriate sanctioning administrative procedure.
2. The disciplinary procedure is governed by the mandatory forms of administration and the regulatory Regulation of the sanctioning procedure, with the peculiarities established in paragraph 3.
3. At the time of the notification of possible copyright infringement on the part of the agent of the authority, the non-resident persons must satisfy to the moment the amount of the possible penalty on deposit, which is on hold until we finish the corresponding sanctions. Otherwise, we proceed to the immobilisation of the vehicle.
4. Once you have completed the sanctioning and transcript have been dictated the corresponding resolution, the deposit mentioned is returned entirely, or, if the amount of the penalty is less than the amount of the deposit, the difference is returned.
First additional provision. Supplementary application of the rules of administrative procedure In all the procedures regulated by this law where not expressly envisaged, apply supletòriament the rules of administrative procedure.
Second additional provision. Updating of the amounts of the penalties the law of general budget can update the amounts of the penalties established in this law.
Third additional provision. Transports excluded Are excluded from the scope of application of this law are transports carried out entirely in enclosed for private use with vehicles owned by the company and devoted to activities other than the road transport.
Fourth additional provision. Modification of article 3 of the law 2/2014, of 23 January, amending the code of the circulation, 10-06-1999 modifies article 3 of the law 2/2014, of 23 January, amending the code of the circulation, 10-06-1999, which is worded as follows: "Article 3 modifies the article 141 of the code of the circulation , which is worded as follows: Article 141 in general, can only be registered and enrolled in the registry of motor vehicles, both for transport of people and cargo in general, have a classification euro equal to or as a maximum of one level lower than the prevailing for the current year. In any case, with regard to passenger cars, only you can register and sign up, those who have a classification euro V or higher.
You can register the trailers and semi-trailers of a maximum of three years from their date of manufacture.
Exceptionally, you may register with a rating lower than specified above, provided that you have passed the technical inspection of vehicles and who meet the requirements stated in article 165, related to old cars and the Museum.
The farmer or rancher to justify the need of a vehicle for use in agricultural or livestock only (agricultural tractor or similar) for your work, you can get the authorization for registration of a vehicle with a rating lower than specified above, as long as you have passed the technical inspection of vehicles and then submit a request to the competent Department. In any case this exception cannot be invoked in order to obtain the registration of all-terrain-type vehicles, SUV, van, truck or similar. In any case, once you have registered the vehicle in question can only be transferred to another person to carry out an agricultural activity or cattle, which must be justified to the competent Department. In any case, the exclusive use of livestock or farm must appear in the yellow card of the vehicle. "
First transitional provision. Professional training of companies of rent of vehicles and of the mediators
1. Recognizes the professional qualification to exercise the activity of rent of vehicles and the activity of mediation in the people who had legally recognized before the entry into force of this law.
2. car rental companies and companies of mediation have a term of two years from the entry into force of the law to notify the competent Ministry the person who effectively directs the company and has the requirement of professional qualification. This person must be legally resident in Andorra or and with the right to exercise the trade.
3. companies that do not check the communication provided for in the preceding paragraph they apply article 25, in order to revoke their registration in the General Register of carriers.
Second transitional provision. Economic capacity the companies registered in the General Register of Carriers have a term of two years from the entry into force of the law to deliver to the Ministry responsible for the guarantee provided for in article 23 for public transport companies; the guarantee provided for in article 84, for car rental companies, and the guarantee provided for in article 90, for terrestrial operators.
Third transitional provision. Processing procedures in force the administrative procedures in process at the time of the entry into force of this law shall be processed in accordance with the previous legislation continue, but the decision that pre-empt the concession or authorization shall conform to that with this law and its development provisions.
Fourth transitional provision. Regulations, and existing administrative authorizations 1. Until you have approved the rules of development of this law, will remain in force, in everything that is compatible with your content, the regulatory provisions in the field of transport in force at the entry into force of this law, as well as the concessions and the administrative authorizations granted by the competent Ministry in accordance with the same provisions.
2. Companies that are currently using exploitative of concessions or administrative authorisations have to continue providing the service with the same quality until they enter service, once sold, the new concessions or administrative authorisations.
Fifth transitional provision. HGV parking, All public and private transport company and of new creation must have, within a maximum period of three years, to parking spaces for all its vehicles.
Repealing provision abolishes the law regulating the public transport of passengers by road, on 11 October 1985, and the law on the conditions for the exercise of the activity of transport and provisions on the subject in the field of road transport, of 4 November 1993. It also abolishes all rules of equal or lower rank that conflict with this law or versus offline.
First final provision the Government must approve the regulatory provisions necessary for the application of this law within a maximum period of six months from the day after the date of its publication in the official bulletin of the Principality of Andorra.
Second final provision this law shall enter into force two months after being published in the official bulletin of the Principality of Andorra.
Casa de la Vall, 15 January 2015 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Joan Enric Vives Sicília François Hollande Bishop of Urgell, President of the French Republic Co-prince of Andorra Co-prince of Andorra