Popular Party

CDS-PP

Parliamentary Group

DRAFT LAW NO. 26 /X

INSTITUTES AN ACTIVITY LICENSING REGIME

APPLICABLE TO THE REALIZATION OF THE COLLECTIVE TRANSPORT OF

CHILDREN

Exhibition of reasons

The collective transport of children has been growing in recent years, not only by the

exponential increase in the number of children attending preschool education,

as for the growing development of other educational intervention activities

pursued by local authorities, specifically within the framework of projects of

occupation of the free times of children and adolescents.

It is a passenger transport segment that deserves us private

attention, to which we attach the utmost importance and which urgently requires suppression

of a long-existing gap in our legal planning, so as to acaucise the

its quality and predict increased conditions of safety.

During the XV and XVI Constitutional Governments vicissitudes several of political order,

legal and constitutional impeded the overall final approval of a legal diploma that

came from meeting to these goals, pressing for increased security

road, fundamental desicration mainly when it is in cause the transport of

children.

In this context, a licensing regime of activity applicable to the

realization of the collective transport of children in light cars (which includes,

specifically, the "carry-ons" up to nine seats) and certification rules are defined

for the respective drivers, with the aim of guaranteeing their suitability and training

specific suitable, as well as is made compulsory the presence of a vigilante

during the transport operation, in respect of which it shall also be guaranteed

your idoneity.

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Special measures are adopted aimed at ensuring the safety of children

carried, specifically making it mandatory to place devices from

appropriate retention for the smallest children as well as the seat belt

in all places of the vehicle and is suppressed the possibility of occupancy of a seat

for more than one child, also being adopted cautionary rules in the framework of the

circulation and stopping sites of these vehicles.

The use obligation of the tachograph is extended to all vehicles and is established a

licensing regime for vehicles to be used in these transports, whether they belong to

companies carriers or local authorities, or other entities that carry out

particular transport of passengers, being fixed an age limit for the respective

licensing.

These measures are complemented by a specific sanctionatory regime for the non

compliance with the rules imposed, in such a way as to give effectiveness to the regime that is instituted.

Finally, we propose the date of September 1, 2005 for the entry into force of this

legislation in such a way as to ensure the full resolution of this indefable problem

at the beginning of the next school year.

Thus, in the terms of the applicable legal and regimental standards, the Deputies below

signed from the CDS Parliamentary Group present the following draft law:

Chapter I

General provisions

Article 1.

Scope of application

1-The present diploma applies to the collective transport of children and young people

by up to 16 years, carried out in light or heavy passenger car, whether

characterize how public transport or on account of outrain, whether particular

supplementary, hereinafter referred to by transport of children.

2-Stay covered by this diploma transport from and to the

education and teaching establishments, nurseries, kindergartens and other facilities

or spaces in which educational or formative activities are due, in particular, the

transport for sites aimed at the practice of sports or cultural activities,

study visits and other organized displacements for leisure-free occupancy.

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3-For the purposes of this diploma, complementary particular transport is the

carried out in addition to the main activity developed by the entity which

carries out the transport.

4-Are not covered by the present diploma transport in taxi and the

regular public transport of passengers.

Chapter II

Conditions of carriage

Article 2.

Licensing in activity

1-The transport of children by heavy cars, when it is

considered to be public transport or on account of others, can only be carried out by

companies licensed for the public transport of passenger road, under the

Decree-Law No. 3/2001 of January 10.

2-The transport of children by means of light cars, when it is

considered to be public transport or on account of others, can only be carried out by

natural or legal persons licensed under the terms of paragraph 3 and registered in the

Directorate General for Terrestrial Transport (DGTT).

3-The licensing referred to in the preceding paragraph shall be titled by alvshall

issued by DGTT for a period of not more than five years, which is noncommunicable and

renewable by proof of the maintenance of idoneity requirements, capacity

technique and financial capacity.

4-The idoneity requirement must be filled by managers or

administrators in the case of legal persons, or in the case of entrepreneurs themselves

in individual name.

5-It is deemed to be indicted for a lack of idoneity the judicial statement of

delinquent by trend or the conviction by decision carried forward on trial:

a) In penalty of effective imprisonment, by the practice of any crime that is attested against the

life, physical integrity or personal freedom;

b) For the practice of crime against freedom and sexual self-determination.

6-A conviction for the practice of one of the crimes provided for in the preceding paragraph

does not affect the suitability of all those who have been rehabilitated, nor does it preclude the

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DGTT to consider, in a justified manner, that the conditions of

suitability, taking into account, inter alia, the time elapsed since the practice of the

facts.

7-The requirement of technical capacity is fulfilled in the terms to be defined by

would pore from the member of the Government with guardianship on transport.

8-The financial capacity requirement is affixed by the social capital and / or by

insurance of the activity or professional, in amount not less than fifty thousand euros.

Article 3.

Certification of drivers

1-A car driving affections for the transport of children can only be

carried out by drivers who own a certificate issued by DGTT.

2-The certificate is issued to persons who, in addition to the legal habilitation to

conduct, valid for the category of the vehicle concerned, have driving experience

not less than two years, prove to possess the requirement of suitability awounded in the

terms of paragraph 4, and have specific training in the area of road safety, in

conditions to be defined by joint porter of the Minister of Internal Affairs, of the

Minister of State, Economic Activities and Labour and the Minister of Works

Public, Transport and Communications.

3-The certificate is valid for five years and renewable, for equal period,

upon proof that the requirement of idoneity is maintained.

4-It is deemed to be indicted for a lack of idoneity for the driving of vehicles

of transport of children to the judicial declaration of delinquent by trend or the

conviction by decision transitioned on trial:

a) In penalty of effective imprisonment, by the practice of any crime that is attested against the

life, physical integrity or personal freedom;

b) For the practice of crime against freedom and sexual self-determination;

c) By the practice of the dangerous driving offences of road vehicle and

driving vehicle in a state of drunkenness or under the influence of narcotic drugs or

psychotropic substances, predicted, respectively, in Articles 291 and 292 of the

Criminal Code;

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d) By the practice, in the last five years, of any counter-ordinance very

serious to the Road Code or the serious counterordinance of driving under influence

of alcohol.

5-A conviction for the practice of one of the crimes or counter-ordinations

provided for in the preceding paragraph shall not affect the suitability of all those who have been

rehabilitated, nor does it prevent DGTT from considering, in a justified way, that they are

meeting the conditions of idoneity, taking into account, in particular, time

elapsed from the practice of the facts.

6-It is applicable to cassation of the certificate whenever you check any of the

situations provided for in paragraph 4.

Article 4.

Licensing of vehicles

1-Light or heavy vehicles, to be used in the transport of children, stay

subject to licence, with annual validity, to be issued by DGTT, after specific inspection

carried out by the Directorate General of Travel (DGV) that attests to the fulfilment of the

conditions of safety set out in Articles 9, 11, 12 and 13, paragraph 2, of the present

diploma and the presentation of the insurance voucher document referred to in

article 7.

2-Cannot be licensed cars with more than eight years to

count of the date of assignment of the first matriculation or more than twelve years, if

deal with heavy cars.

3-The licences are suspended in the case of non-approval of the vehicle in the

periodical technical inspection and in the case of lack of insurance.

4-The licences will lapse whenever vehicles reach the age limit

referred to in paragraph 2.

Article 5.

Identification of vehicles

1-Vehicles used in the realization of child transport must be

identified with a dystic, whose model, dimensions and form of placement are the

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set at the Portaria No. 324/82 of March 25 and bear the licence number of the

vehicle.

2-Vehicles used by companies licensed under the terms of paragraph 2 of the

article 2, they shall still bear a plaque with the number of the respective alvshall.

3-The models of the identification dysics of the vehicle license numbers

and alvshall referred to in the preceding paragraphs are approved by dispatch of the Director-General

of Terrestrial Transport.

Article 6.

Surveillance of transported children

1-In the realization of transport of children must be ensured the presence of

an elderly adult companion, in addition to the driver, designated by vigilante, the

who competes to ensure the safety of children.

2-The vigilante must occupy a place that allows you to easily access the

children transported.

3-It is up to the entity that organizes the transport to ensure the presence of the

vigilante, as well as the certification, through document, of the suitability requirement of the

same.

4-On two-storey vehicles must be present two vigilantes.

5-A The presence of the vigilante is only dispensed if the transport is carried out at

light car and as long as it does not travel more than four children of lower age

about ten years.

6-It is considered to be an indictor of the lack of idoneity to engage in the activity of

vigilante the judicial declaration of delinquent by trend or conviction carried forward

on trial:

a) In penalty of effective imprisonment, by the practice of any crime that is attested against the

life, physical integrity or personal freedom;

b) For the practice of crime against freedom and sexual self-determination.

7-The convictions provided for in the preceding paragraph do not affect the suitability of

all those who have been rehabilitated, nor prevent the organizing entity from the

transport to consider, in a justified manner, that the conditions of

idoneity of the vigilante.

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Article 7.

Civil liability insurance

In the realization of the transport covered by this diploma is compulsory a

civil liability insurance that includes the passengers carried, the regulatory

by joint porterie of the Ministers of Finance and Public Administration, da

Internal Administration and Public Works, Transport and Communications, with the

minimum capital and limits per aggrieved required for collective road transport

of passengers, under the terms provided for in the legislation on compulsory insurance of

motor civil liability.

Chapter III

Conditions of safety

Article 8.

Lotion

Each child corresponds to a place in the vehicle, and may not in any case the

lotion of the same being exceeded.

Article 9.

Belts of safety

1-Vehicles must be equipped, everywhere, with belts of

safety duly approved and fixed to the structure of the vehicle, owing

comply with the requirements set out in the following numbers.

2-Vehicles registered after the date of entry into force of the present

diploma must have seatbelts with three anchorage points.

3-Vehicles registered prior to the date of entry into force of the present

diploma must have subabdominal seat belts or with three points of

fixation.

Article 10.

Use of seat belts and restraint systems for children

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1-A use of seat belt or restraint system for children

(SRC), duly homologated, is mandatory, under the conditions laid down in the numbers

following.

2-Children of age equal to or less than three years must use adapted SRC

to your size and weight.

3-Children of age above three years must use SRC adapted to their

size and weight, save if they have height of more than 150 cm or more than twelve years, case

where they must wear a seat belt.

Article 11.

Tachograph

The cars used in the transport of children must be equipped with

tacograph duly approved in the terms of the regulations in force for this

equipment.

Article 12.

Doors and windows

1-The doors of cars allocated to the transport of children can only be

open by the outside or through a system commanded by the driver and situated outside

of the reach of children.

2-With the exception of the window corresponding to the place of the driver, the windows

of the cars referred to in the preceding paragraph shall possess unremovable glass or

locked to a third of the total opening.

Article 13.

Other conditions of safety

1-In the realization of the transport of children cars must transitate with

the crossing lights on.

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2-Vehicles used in the transport of children must be provided with

fire extinguisher and first aid box, whose characteristics are fixed by

dispatch from the Director General of Viation.

Article 14.

Periodic technical inspections of children's transport vehicles

1-In the periodic technical inspections of licensed vehicles for transportation

of children, must be checked, in addition to the requirements required in legislation

own, compliance with the conditions of safety set out in Articles 9, 11,

12. and 13, paragraph 2, of this diploma.

2-In the case of failure to comply with any of the conditions set out

in Articles 9, 11, 12 and 13 (2) of this diploma, the vehicle is flashed in

inspection.

Article 15.

Locations for taking and departing passengers

1-Drivers must ensure that the stop places for

taken or dropped from children do not challenge their safety, owing, when the

vehicles are stopped, actuate the hazard lights.

2-automobiles should stop as close as possible to the outlet site or

drop off from children, and should not do so either on the opposite side of the carriageway nor

on the tracks devoid of berms or tours, unless it is not possible in another

place, and in this case, the children shall be accompanied by the vigilante in the

crossing of the track.

3-A the track manager of the track shall proceed to the signalling of stop places

specific, for the taking and widths of the children, together with the establishments that these

attend.

4-A The taking and widths of the children must take place, whenever possible, in

of precincts or in places duly pointed out from the premises to which if

drive.

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Chapter IV

Surveillance and sanctionatory regime

Article 16.

Surveillance

They are competent for the surveillance of compliance with the provisions of the present

diploma, the following entities:

a) Republican National Guard;

b) Public Security Police;

c) Inspectorate of Labour;

d) Inspectorate General of Public Works and Transport;

e) Directorate-General for Viation;

(f) Directorate General for Terrestrial Transport.

Article 17.

Counter-ordering

1-The offences of this diploma constitute counter-ordinations.

2-A attempt and neglect are punishable.

3-The counter-ordinations are sanctioned and prosecuted pursuant to the

respective general law, with the constant adaptations of this diploma and, in the case of against-

ordinances whose processing competes with the Directorate General of Viation, with the

constant adaptations of the Road Code.

Article 18.

Exercise of activity without a licence

The exercise of the activity without the licence referred to in Article 2 (1) shall be

punishable under the terms of the Decree-Law No. 3/2001 of January 10 and without the licence to which

refers to Article 2 (2), with fine of € 1000 a € 3000.

Article 19.

Lack of the driver's certificate

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The carrying out of the transport provided for by this diploma with drivers not

certificates, or with the expiry certificate, pursuant to Art. 3, is punishable by

coima from 1000 a to € 3000.

Article 20.

Lack of license from the vehicle

The realization of transport provided for by this diploma by means of vehicle

unlicensed, or with suspended or lapsed licence, pursuant to Art. 4, is

punishable with the fine of € 1,000 a € 3,000.

Article 21.

Failure to comply with conditions of carriage

1-Are punishable by the fine of € 300 a € 900 the following offences:

a) the lack of the identification dystic referred to in Article 5 (1);

(b) the lack of the dystic to bear the n. of license of the vehicle referred to in paragraph 1

of Article 5;

c) The lack of the plate with the number of the alvshall referred to in Article 5 (2).

2-Are punishable by the fine of € 500 a € 1,500 the following offences:

(a) the lack of the vigilante referred to in Article 6 (1);

b) The lack of document proving the satisfaction of the idoneity requirement

of the vigilante referred to in Article 6 (3), issued by the entity that organizes the

transport;

c) When, in two-storey vehicles, the two vigilantes are not present

referred to in Article 6 (4), by vigilante in foul.

Article 22.

Failure to comply with security conditions

1-It is punished with the fine of € 150 a € 450 the default of the standard of

security as referred to in Article 13 (1).

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2-It is punished with the fine of € 150 a € 450 a lack of fire extinguisher or

of the first aid box referred to in Article 13 (2).

3-Are punishable by the fine of € 300 a € 900 the following offences:

a) Failure to comply with the standards relating to the doors and windows of vehicles,

provided for in Article 12;

b) the excess lotion referred to in Article 8;

c) The non-use of the appropriate safety accessories referred to in the

article 10.

4-Are punishable by the fine of € 500 a € 1500 the following offences:

a) Failure to comply with the standards relating to the tachograph referred to in the article

11.

(b) Failure to comply with the security standards referred to in paragraphs 1 and 2 of the

article 15;

c) Failure to comply with the standards for the seat belts provided for in the

article 9.

Article 23.

Competence for the application of fines

1-The processing of the counter-ordinations provided for in Articles 18 to 21.

compete with DGTT and the application of the fines is the competence of the Director General of

Land Transport.

2-The processing of the counter-ordinations provided for in Article 22, with

exception of the following number, compete with the DGV and the application of the fines is from the

competence of the Director-General of Viation.

3-The processing of the counter-ordinations provided for in paragraph 4 (a) of the

article 22 it is incumbent on the Inspectorate of Labour (IGT) and the application of the fines is of the

competence of the Inspector General of Labour.

Article 24.

Product of the fines

1-The revenue from the application of the fines of DGTT's competence

will be distributed as follows:

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a) 20% for the DGTT, constituting own revenue;

b) 20% for the supervising entity;

c) 60% for the State.

2-The revenue from the application of the fines of the DGV's competence

will be distributed as follows:

a) 20% for the DGV, constituting own revenue;

b) 20% for the supervising entity;

c) 60% for the State.

3-The revenue from the application of the fines of the competence of the IGT

will be distributed as follows:

a) 20% for IGT, constituting own revenue;

b) 20% for the supervising entity;

c) 60% for the State.

Chapter V

Final and transitional provisions

Article 25.

Models of alvwill, licences and certificate

The models of the alvshall, of the licences and the certificate provided for in the present

diploma, are approved by dispatching from the Director-General of Land Transport.

Article 26.

Allocation of revenue

They constitute own revenue of DGTT the amounts they come to be fixed, by

joint dispatch of the Ministers of Finance and Public Administration and Works

Public, Transport and Communications, for the issuance of the alvshall, of the certificate and of the

licences to which the present diploma relates.

Article 27.

Transitional provisions

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1-Until the entry into force of the porterium referred to in Article 3 (2) shall be

dispensed with attestation of the specific training requirement for emission effects

of the certificate for the driving of cars allocated to the transport of children.

2-Until the entry into force of the porterium referred to in Article 2 (6) shall be

dispensed with proof of the requirement of the technical capacity for the purposes of access to

activity in accordance with Article 2 (3).

3-Until October 1, 2005, the provisions relating to the

constant age limit of the n. the

2 and 4 of Article 4, provided that the vehicles meet the

conditions of safety and transport provided for in this diploma, specifically

the ones set out in paragraph 4 of this article as to seat belts.

4-Between September 1, 2005 and August 31, 2008 the provisions

relative to the constant age limit of the n. the

2 and 4 of Article 4 are for fifteen years

for heavy cars, as long as these vehicles meet the conditions of safety

and of transport provided for in this diploma, specifically those established in the

the following number as the seat belts.

5-A installation of seat belts, for the purposes of fulfilling the

safety conditions imposed by this diploma, it can only check if the

vehicles to meet by construction the necessary technical conditions, notably in

terms of resistance of the anchorage points, which implies written statement of the

manufacturer of the vehicle in that sense and further averaging in the respective booklet of these

changes.

Article 28.

Abrogation standard

Article 12 (2) of the Decree-Law No. 299/84 of 5 of 5 of

September, and the Portaria No. 344/78, of June 29.

Article 29.

Entry into force

This diploma shall come into force on the September 1, 2005.