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Popular Party CDS-PP Party CDS-PP Parliamentary Group DRAFT law No. 26/X ESTABLISHES a SYSTEM of LICENSING of ACTIVITY applicable to the REALIZATION of the COLLECTIVE TRANSPORT of CHILDREN the explanatory memorandum the collective transport of children has been growing in recent years, not only by the exponential increase in the number of children attending pre-school education, and the increasing development of other educational intervention activities pursued by local authorities in particular within the framework of projects of occupation of leisure time of children and adolescents. This is a segment of passenger transport in deserves particular attention, to which we attach the greatest importance and that urgently requires the removal of a longstanding gap in our legal system, in order to protect the quality and provide for your increased safety conditions. During the XV and XVI Constitutional Governments several vicissitudes of political, legal and constitutional order prevented the final approval to a law that came against these objectives, pressing for increased road safety, fundamental design especially when it comes to transporting children. In this context, is set up a system of licensing of activity applicable to the realization of the collective transport of children in cars (which includes, inter alia, the ' vans ' by nine seats) and the certification rules are defined for the respective drivers, in order to ensure your suitability and proper, as well as specific training is made compulsory the presence of a vigilante during the transport operation where should also be guaranteed to your suitability. 2 Are adopted special measures to ensure the safety of children carried, in particular making it compulsory to placement of devices suitable for small children, as well as seatbelts in all places of the vehicle and is suppressed the possibility of occupation of a seat for more than one child, being also adopted precautionary rules within the movement and stopping of such vehicles. The obligation to use the tachograph is extended to all vehicles and is established a licensing scheme used in these vehicles transport, want to belong to companies or local authorities, or to other entities that perform private passenger transport, being set an age limit for its licensing. These measures are complemented by a sanctions regime specific to non-compliance with the rules, in order to give effectiveness to the scheme well established. Finally, we propose the date of September 1 2005 for entry into force of this legislation in order to ensure the full resolution of this important issue at the beginning of the next school year. Thus, in accordance with the legal provisions and regulations applicable, the undersigned Members of the parliamentary group of the CDS feature the following Bill: chapter I General provisions article 1 scope 1 — this decree-law shall apply to the carriage of children and young people up to the age of 16 years, carried out in light or heavy passenger car, whether features such as public transport or for hire or reward either particular supplement, hereinafter referred to as the transport of children. 2 — Are covered by this legislation and transport to education and teaching establishments, nurseries, kindergartens and other facilities or spaces in educational or training activities arising from, inter alia, transport to sites intended for the practice of sports or cultural activities, field trips and other organized trips for leisure occupation. 3 3 — for the purposes of this diploma, complementary private transport is carried out in addition to the main activities developed by the entity that performs the transportation. 4 — are not covered by this Decree-Law transport by taxi and regular public transport of passengers.
Chapter II conditions of carriage article 2 in 1 activity Licensing — the transportation of children through heavy cars, when it is considered public transport or on behalf of others, can only be carried out by companies licensed for the public road transport of passengers, pursuant to Decree-Law No. 3/2001, of 10 January. 2 — the transportation of children through cars, when it is considered public transport or on behalf of others, can only be carried out by natural or legal persons licensed pursuant to paragraph 3 and recorded in the Directorate-General of land transport (DGTT). 3 — the licensing referred to in the preceding paragraph is titrated with permits issued by the DGTT for a period not exceeding five years, which is not transferable and renewable upon proof of the maintenance of the requirements of good repute, financial standing and technical capacity. 4 — the suitability requirement must be completed by managers or administrators in the case of legal persons, or by itself in the case of business people. 5 — it is considered evidence of lack of integrity the judicial declaration of delinquent by trend or a conviction by final decision: a) In actual imprisonment, for committing any crime to watch out against life, physical integrity or personal freedom; (b)) by the practice of crimes against freedom and sexual self-determination. 6 — A conviction for one of the crimes referred to in the preceding paragraph shall not affect the suitability of all those who have been rehabilitated, nor prevent the DGTT 4 to consider, so justified, that the conditions of good repute, having regard, in particular, the time elapsed since the Commission of the facts. 7 — the requirement of technical capacity is filled in in accordance with the set by order of the Government member with tutelage on transport. 8 — the requirement for financial fitness is gauged by the share capital and/or activity or professional insurance in an amount of not less than EUR 50000.
Article 3 1 drivers certification — driving cars used for the transportation of children can only be carried out by drivers that have a certificate issued by the DGTT. 2 — the certificate is issued to persons who, in addition to the legal license to drive, valid for the category of vehicle concerned, have driving experience not less than two years, proving own suitability requirement assessed in accordance with paragraph 4, and have specific training in the area of road safety, under conditions to be set by order of the Minister of Internal Affairs joint , the Minister of State of economic activities and labor and the Minister of public works, transport and communications. 3 — the certificate is valid for five years and renewable for an equal period, upon proof that the requirement of good repute. 4 — it is considered evidence of lack of suitability for driving vehicles of transport of children the judicial declaration of delinquent by trend or a conviction by final decision: a) In actual imprisonment, for committing any crime to watch out against life, physical integrity or personal freedom; (b)) by the practice of crimes against freedom and sexual self-determination; c) by the practice of dangerous driving of road vehicle and vehicle driving in a State of intoxication or under the influence of narcotic drugs or psychotropic substances, as provided for in articles 291.º and 292.º of the criminal code; 5 d) By practice over the past five years, of any serious infraction to the highway code or administrative offense of driving under influence of alcohol. 5 — A conviction for one of the crimes or offences referred to in the preceding paragraph shall not affect the suitability of all those who have been rehabilitated, nor prevent the DGTT to consider, so justified, that the conditions of good repute, having regard, in particular, the time elapsed since the Commission of the facts. 6 — applies the Cassation of the certificate if any of the situations referred to in paragraph 4.
Article 4 1 vehicles licensing — The cars or trucks to be used for the carriage of children, are subject to license, with annual validity be issued by specific inspection after DGTT carried out by the Directorate General of Traffic (DMV) attesting the compliance with the safety conditions laid down in articles 9, 11, 12 and 13, paragraph 2, of the present diploma and the presentation of proof of insurance referred to in article 7. 2 — cannot be licensed cars with more than eight years from the date of first registration or assignment with more than twelve years in the case of heavy cars. 3 — licences are suspended in case of non-approval of the vehicle technical inspection periodically and in case of lack of insurance. 4 — the licenses shall expire whenever the vehicles reach the age limit referred to in paragraph 2.
Article 5 identification of vehicles
1 — the vehicles used in the transport of children must be identified with a label, a specimen, dimensions and form of placing 6 are set out in ministerial order No. 324/82, of 25 March, and the license number of the vehicle. 2 — the vehicles used by licensed companies pursuant to paragraph 2 of article 2, shall bear a plate with the number of the respective license. 3 — The models of the couplets of identification of vehicle license numbers and license referred to in the preceding paragraphs are approved by order of the Director-General of the land transport.
Article 6 supervision of children carried 1 — in the transport of children must be ensured the presence of an appropriate adult companion, besides the driver, called vigilant, responsible for ensuring the safety of children. 2 — the Guard must occupy a place that allows you to easily access children transported. 3 — the entity that organizes the transport to ensure the presence of the guard, as well as the certification, through document suitability requirement. 4 — two-story vehicles must be present two watchmen. 5 — the presence of the guard is only waived if the transport is carried out in light and car since it does not travel more than four children under the age of ten years. 6 — is considered evidence of lack of suitability for the activity of vigilant legal statement for delinquent tendency or final conviction: a) In actual imprisonment, for committing any crime to watch out against life, physical integrity or personal freedom; (b)) by the practice of crimes against freedom and sexual self-determination. 7 — The convictions provided for in the preceding paragraph shall not affect the suitability of all those who have been rehabilitated, nor prevent the organiser of transport to consider, so justified, that the conditions of integrity of the vigilante.
7 article 7 liability insurance in the realization of transport covered by the present diploma is mandatory civil liability insurance covering passengers carried, to regulate by Ordinance of the Minister of finance and public administration, Home Affairs and public works, transport and communications, with minimum capital and injured limits required for the collective carriage of passengers , pursuant to the legislation on compulsory insurance of civil liability.
Chapter III article 8 safety Stocking every child a place in the vehicle, and may not, under any circumstances, the capacity of the same being exceeded.
Article 9 1 safety belts — the vehicles must be equipped, everywhere, with safety belts properly approved and secured to the vehicle structure and shall meet the requirements set out in the following paragraphs. 2 — vehicles registered after the date of entry into force of this decree-law shall be equipped with safety belts with three anchoring points. 3 — vehicles registered before the date of entry into force of this decree-law shall be equipped with safety belts or lap with three anchoring points.
Article 10 use of seat belts and child restraint systems 8 1 — the use of seatbelt or child restraint system (CRS), duly approved, is mandatory, in accordance with the conditions laid down in the following paragraphs. 2 — children of age equal or less than three years must use SRC adapted to your size and weight. 3 — children aged over three years should use SRC adapted to your size and weight, unless they have more than 150 cm height or more than twelve years, in which case it must use seat belts.
Article 11 Tachograph cars used in the transportation of children shall be equipped with approved tachograph in accordance with the rules in force for this equipment.
Article 12 1 doors and Windows — the doors of cars used for the transportation of children can only be opened from the outside or through a system controlled by the driver and located out of the reach of children. 2 — with the exception of the window corresponding to the driver's seat, the Windows of cars referred to in the preceding paragraph shall be irremovable glass or locked to one third of the total opening.
Article 13 Other safety conditions 1 — in making the transport of children the cars must use with the dipped-beam headlamps lit. 9 2 — the vehicles used in the transportation of children shall be provided with fire extinguisher and first aid kit, the characteristics of which shall be fixed by order of the Director-General of Transportation.
Article 14 periodic technical inspections of vehicles of transport of children 1 — in the periodic technical inspections of licensed vehicles for the transport of children, should be checked, in addition to the requirements in their own legislation, compliance with the safety conditions laid down in articles 9, 11, 12 and 13, paragraph 2, of the present law. 2 — in the case of failure of any one of the conditions set out in articles 9, 11, 12 and 13, paragraph 2, of the present law, the vehicle failed inspection.
Article 15 locations to outlet and start 1 passenger — drivers must ensure that the staging sites for socket or start children question the your security, and when vehicles are stopped, the lights of danger. 2 — the cars must stop as close as possible to the place of capture or start of children, and must not do so not on the opposite side of the carriageway or on verges or footpaths are, unless it is not possible elsewhere, but in this case, the children be accompanied by vigilant in crossing the track. 3 — the managing body of via should proceed to local stop-specific signaling, for making and start of children from these establishments. 4 — the plug and start of children shall take place, whenever possible, within areas or in places properly marked with the installations heading.
10 Chapter IV supervision and sanctions article 16 Supervision regime Are responsible for the supervision of compliance with the provisions of this law, the following entities: the) National Republican Guard; b) Public Security Police; c) Inspectorate; d) General Inspectorate of public works and transport; e) Directorate General of Traffic; f) Directorate General of land transportation.
Article 17 administrative offences 1 — infringements of this law constitute offences. 2 — the attempt and negligence are punishable. 3 — The administrative offences are sanctioned and processed in accordance with its general law, with the adjustments contained in this certificate and, in the case of administrative offences whose processing it is up to the General Directorate of Traffic, with the adjustments contained in the highway code.
Article 18 Exercise of the activity without a permit the exercise of the activity without the license referred to in paragraph 1 of article 2 is punishable under Decree-Law No. 3/2001, of 10 January, and without the licence referred to in paragraph 2 of article 2, with a fine of € 1000 to € 3000.
Article 19 Lack driver's certificate 11 the realization of transport provided by the present law with non-certified drivers, or with the certificate expired, pursuant to article 3, is punishable by a fine of € 1000 to € 3000.
Article 20 lack of realization of vehicle license provided for in this Decree-Law transport through unlicensed vehicle, or with license suspended or expired, pursuant to article 4(1) is punishable by a fine of € 1,000 to € 3,000.
Article 21 non-compliance of conditions of carriage 1 — Are punished with a fine of € 300 to € 900 the following offenses: a) the lack of banner of the identification referred to in paragraph 1 of article 5; b) lack the banner to bear the license number of the vehicle referred to in paragraph 1 of article 5; c) the lack of plate with the number of the permit referred to in paragraph 2 of article 5. 2 — Are punished with a fine of € 500 to € 1,500 the following offenses: a) the lack of vigilant referred to in paragraph 1 of article 6; b) the lack of documentary proof of suitability requirement satisfaction of vigilante referred to in paragraph 3 of article 6, issued by the entity that organizes the transport; c) When, in two-story vehicles, are not present the two watchmen referred to in paragraph 4 of article 6, by vigilante.
Article 22 failure of security conditions
1 — is punished with a fine of € 150 to € 450 non-observance of the safety standards referred to in paragraph 1 of article 13. 12 2 — is punished with a fine of € 150 to € 450 a lack of fire extinguisher or first aid kit referred to in paragraph 2 of article 13. 3 — Are punished with a fine of € 300 to € 900 the following offenses: a) non-compliance with the rules on the doors and Windows of vehicles, provided for in article 12; b) excess capacity referred to in article 8; c) failure to use suitable safety accessories referred to in article 10. 4 — Are punished with a fine of € 500 to € 1500 the following offenses: a) non-compliance with the rules on tachograph referred to in article 11; b) non-compliance with the safety standards referred to in paragraphs 1 and 2 of article 15; c) non-compliance with the rules on safety belts provided for in article 9.
Article 23: Competence for the application of fines 1 — the processing of administrative offences provided for in articles 18 to 21 the DGTT and the application of penalties is the responsibility of the Director-General of land transport. 2 — the processing of administrative offences provided for in article 22, with the exception of the following paragraph, the DMV and the application of penalties is the responsibility of the Director-General of Transportation. 3 — the processing of administrative offences provided for in point (a)) of paragraph 4 of article 22 the General Labour Inspectorate (IGT) and the application of penalties is the responsibility of the Inspector General.
Article 24 proceeds of fines 1 — revenue from the application of the fines of the DGTT competency will be distributed as follows: 13 a) 20% to the DGTT, constituting own recipe; b) 20% for the inspection; c) 60% for the State. 2 — revenue from the application of fines within the DMV will be distributed as follows: 20% for the DMV), constituting own recipe; b) 20% for the inspection; c) 60% for the State. 3 — revenue arising from the application of fines within the IGT will be distributed as follows: a) 20% for IGT, constituting own recipe; b) 20% for the inspection; c) 60% for the State.
Chapter V transitional and final provisions article 25 models of planning, permits and certificate of license, certificate and licences provided for in this law, are approved by order of the Director-General of land transport.
Article 26 assignment of recipes Are my own recipe of the DGTT the amounts that may be laid down by order set by Ministers of finance and public administration and of public works, transport and communications, for the issuing of the licence, the certificate and of the licences referred to in this decree-law.
Article 27 transitional provisions 14 1 — pending the entry into force of the Ordinance referred to in paragraph 2 of article 3 is dismissed the evidence of specific training requirement for the purpose of issuing the certificate for driving cars used for the transportation of children. 2 — until the entry into force of the Ordinance referred to in paragraph 6 of article 2 is dismissed evidence of the requisite technical capacity for the purposes of the business in accordance with paragraph 3 of article 2. 3 — Until September 2005 31 do not apply to the provisions concerning the age limit laid down in paragraphs 2 and 4 of article 4, provided that the vehicles possess the safety and conditions of carriage provided for in this decree-law, in particular those laid down in paragraph 4 of this article about seat belts. 4 — Between 1 September 2005 and August 31 2008 the provisions concerning the age limit laid down in paragraphs 2 and 4 of article 4 are of fifteen years for heavy vehicles, provided that these vehicles possess the qualifications of security and transportation provided for in this regulation, in particular those set out in the following paragraph about seat belts. 5 — the installation of safety belts, for the purposes of compliance with safety conditions imposed by this law, can only occur if the vehicles meet by building the necessary technical conditions, in particular in terms of resistance of the anchoring points, which means the vehicle manufacturer's written declaration to that effect and subsequent endorsement on their registration.
Article 28 Standard set Are deleted paragraph 2 of article 12 of Decree-Law No. 299/84 of 5 September, and ministerial order No. 344/78, of 29 June.
Article 29 entry into force the present law enters into force on 1 September 2005.
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