Parliamentary Group

DRAFT LAW NO. 435 /XI/2.

APPROVES A NEW LEGAL REGIME FOR ACCESS AND EXERCISE OF THE

TECHNICAL INSPECTION ACTIVITY OF VEHICLES

Exhibition of reasons

The need for the approval of a new legal regime that regulates access and

exercise of the technical inspection activity of the vehicles arises following the cessation

of the duration of the Decree-Law No. 48/2010 of May 11, which the Assembly of the Republic

revoked on the past July 14, at the time of the parliamentary appreciation of the said

Decree-law.

There were several reasons that, from the point of view of this parliamentary group, justified the

repeal of the regime defined by the Decree-Law No. 48/2010 of May 11. Such as

we invoked at the time, " the present Government, after having walked, over several months,

in negotiations with the representative associations of the Inspection Centres

Automotive and after you have agreed a diploma project with these, it came

subtly and unexpectedly alter their commitments and subvert the terms of the

previous pre-arrangement ".

On the other hand, the previous decree, without it being obliged by the Directive

Community that it intends to host (Directive No 2009 /40/CE of the European Parliament and

of the Council) and for compliance with the Community Law that it intends to respect

(Judgment of the Court of Justice of October 22, 2009), by opting for the path of

complete dysregulation of access to this activity, only admitting some regulation

in a transitional period of 5 years, it puts at risk the very fundamentals of

production of a vehicle inspection regime, based, as it is known, on the defence of the

superior public interest, concretized in this case in the defence of road safety.

Under the applicable law-Road Code-it is the state that competes to ensure

by compliance with the normative relating to road safety, although it may, in the

terms of paragraph 1 (g), art. 11º (Other competencies of the General Directorate of Viation),

contractuate the inspective activity of vehicles with " inspection centres which

operate under the responsibility of authorized entities in the terms of diploma

own ".

The contractuation model followed by the decree-law No. 48/2010 of May 11 to the

choosing liberalization in the installation of new inspective centres, not favored

duly the observance of the guarantees, indispensable in this activity, of high

standards of quality and requirement in compliance with the inspections of the inspective standards concerning the

safety of vehicles. On the contrary, through liberalisation by way of a system of

prices "with tariff of inspections and variable reinspections" (art. 21º), would put itself in

risk the functioning of the market itself, as a possible distortion of the rules of

competition, in an activity in which the surveillance of public entities has been

clearly insufficient, it would tend to lead to a greater retreat in respect for the

high levels of transparency, quality and reliability that the exercise of this

activity requires.

The repeal of the Decree-Law No. 48/2010 of May 11 created the indispensability of the

Assembly of the Republic legislating on the activity of vehicle inspection,

also complying with the Community determinations in suspended.

In that sense, the parliamentary group of the Left Bloc proposes the following Project-

Law that aims to repose the object of the repealed decree-law, that is, " a legal regime for the

technical inspection of motor vehicles and their trailers and the operating regime

of the inspection centres " (art. 1º, previous decree-law).

In addition to various standards that already came included in the previous decree-law, the

proposal now submitted advocates the introduction of some standards that basically,

aim to respond to the following principles:

a) The regulation of the activity shall safeguard a balanced coverage of the

territory, ensuring at the same time some market size susceptible to

contribute to the maintenance and / or establishment of this activity under conditions

reasonable, without because of the standards of quality and reliability required to

inspective activity;

b) Access to the activity must do so by respecting certain conditions of

technical capacity (human resources, technological resources and equipment) and of

idoneity, on the part of the entities that propose to exercise it;

c) Considering the fact that various situations of domination of the

markets on the part of some operators, regulation should set some limits against

the constitution of dominant positions in the various regional and local markets, in the

perspective that access to this activity should not be artificially impeded

by the eventual existence of cartelized domination positions, which aggravate the

barriers to entry in this activity.

In these terms, the present proposal, adopting as a reference the articulate of the previous

decree-law, defends a new wording for some of the articles, whether it is retrieving

some of the havida negotiation, at the end of 2009, between the Government and the Association

National of Automotive Inspection Centres on the preparation of this legislation, be

reflecting the observance of the principles referred to above.

So it may be stated that the present proposal includes three fundamental changes,

in relation to the previous Decree-Law No. 48/2010 of May 11:

 Conditions of access to the activity: Article 2º- Freedom of Establishment -the

permissible scale for opening of new technical vehicle inspection centres in

any county must be superior to 25,000 voters, following here the agreed-upon

between the Government and the ANCIA, in 2009; in all the remaining articulated of the same article,

it remains that minimum number of 25,000 voters, including equally, a

item (c) of the same article, where a minimum removal of 10 kms is defined to be separated

inspection centres, except in the case of concelhos with more than 150,000 voters, where

that separation distance should be 5 kms minimum;

 Limits to Dominant Positions in regional markets: Article 5º- Limits to the

installation of inspection centres -" no gestures entity, individually or

upon direct or indirect participation in other entities, may carry out the activity

of inspection in more than 25% of the inspection centres in operation in one

region, of geographical delimitation of the Nomenclature of Territorial Units for purposes

statistical, of Level II (NUTS II) ", i.e., Northern Regions, Center, Lisbon and Tejo Valley,

Alentejo, Algarve;

 Prices: Article 21º- Fees -Unlike the one that set the previous DL No

48/2010, of May 11, tariffs must be fixed and annually defined by portaria

of the Ministries that exercise the tutelage of this activity; in this way, try to

disincentivise the emergence of untransparent competitive practices and,

mainly, which can because of the quality and requirement standards in the

proper monitoring of the state of conservation and maintenance of motor vehicles and

trailers.

A call for attention also for some more specific articles, which seek

safeguard compliance by the employing entities of working conditions

acceptable on the part of who carries out the inspective activity (Art. 18º), guaranteed by

acceptable working regimes, technical certification of the resources involved and use

of approved technological means.

At the end of the articulation, some changes are suggested in the face of what the DL nº48/2010, of

May 11 it dismiss, regarding the existing inspection centres.

Thus, in the applicable constitutional and regimental terms, the Deputies and Deputies

of the Left Bloc, present the following Draft Law:

CHAPTER I

General provisions

Article 1.

Subject

1-A present Law establishes the legal regime for access and permanence in the activity

of technical inspection of motor vehicles and their trailers and the operating regime

of the inspection centres.

2-For the purposes of the provisions of the preceding paragraph, it shall be understood by:

a) "Inspection activity" the set of actions and procedures,

necessary for the technical and safety control of motor vehicles and their trailers,

with observance of the applicable technical and regulatory provisions;

b) "Centre for technical inspection of vehicles" or "centre for inspection" the

establishment consisting of the set formed by the terrain, building, area of

parking, equipment and technical means, where the activity of

inspection of vehicles.

Article 2º

Freedom of Establishment

1. The technical inspection activity of motor vehicles and their trailers may be

exercised by any person, natural or legal, who fulfils the provisions of the present

Law, and the opening of new inspection centres shall be conditional on compliance

of the following criteria:

a) The opening of new technical vehicle inspection centres may be authorised

in any county with more than 25,000 registered voters, as long as the ratio between the

number of inspection centres already existing or approved under Rule 14 and the

number of registered voters in the concelho concerned does not exceed 1 (one) centre of

inspection by every 25,000 registered voters;

b) It may also be authorised to open an inspection centre at any

concelain with a number of registered voters lower than 25,000, provided that in the county

in cause and in the contigul concelhos does not exist, nor is it approved in the terms of the

article 14, no inspection centre.

c) No new inspection centres may be authorised whose remoteness in

relation to inspection centres already existing or approved under Rule 14, and

situated within the boundaries of the concelho, find themselves covered by a circular area

with a radius of 10 km in relation to the inspection centre concerned, except in the

concelhos with more than 150,000 voters, cases in which the minimum distance of

removal is to be measured by a circular area with 5 km radius.

CHAPTER II

Access and stay in the activity of technical inspection of vehicles

Article 3.

Right to the exercise of vehicle inspection activity

1-A vehicle inspection activity can only be carried out by managing entities

that, following the conclusion of a management administrative contract with the

Institute of Mobility and Terrestrial Transport, I. P. (IMTT, I. P.), acquire the

right to the respective exercise, in inspection centres approved under the terms of the article

14., and in accordance with the provisions of this Law.

2-For the purposes of the provisions of the preceding paragraph, it is understood by the managing entity of

inspection centre the natural or legal person who, following the celebration of

a management contract, is a holder of the right to the exercise of the business of inspection of

vehicles pursuant to this Law.

Article 4.

Access and stay in the inspection activity

1-Access and permanence in the technical inspection activity of vehicles depend

verification of the conditions of technical capacity and the suitability of the managing entity

fixed in the following numbers.

2-A The technical capacity is analyzed in the function of:

a) Human resources, specifically, the inspectors, the director of quality, the

technical director and the manager responsible before the IMTT, I. P., pursuant to this Act;

b) Technological resources and equipment, in the terms defined in the portaria of the

member of the Government responsible for the transport sector.

3-Can only be entities gestures from inspection centre to natural persons or

collective that do not find themselves in any of the situations referred to in Article 55 of the

Code of Public Procurement, approved by the Decree-Law No. 18/2008 of January 29.

4-For attestation of the inexistence of the constant impediment to (e) of the article

55. of the Public Procurement Code, may the interested entities require that the

presentation of the respective certificate is waived, pursuant to the Decree-Law n.

114/2007, of April 19.

5-For the purposes of proving the technical capacity the person concerned presents, in the face of

the IMTT, I. P., a project of technical inspection centre of vehicles, from where they build the

respective technical characteristics, including location and respective accesses,

facilities, circulation and signage, equipment, organization and human resources.

6-For the purposes of the provisions of this Article, it shall be understood by:

a) "Director of the quality" the technician appointed by the managing entity to manage the

quality management system;

b) "Technical director" the technician appointed by the managing entity to ensure the

compliance with all the technical regulations applicable to the business of inspection of

motor vehicles and their trailers;

c) "Gestor responsible" the technician appointed by the managing body, responsible

in the face of IMTT, I. P., for all matters relating to contract;

d) "Inspector" the technician duly authorized by the IMTT, I. P., for the exercise of the

professional activity of technical inspection of motor vehicles and their trailers.

Article 5.

Limits to the installation of inspection centres

Without prejudice to the laws and regulations applicable in respect of competition,

community and national, no entity gestures, individually or upon

direct or indirect participation in other entities, may carry out the activity of

inspection in more than 25% of the inspection centres in operation in one

region, considering for this purpose the geographical delimitation matrices of the

Nomenclature of Territorial Units for Statistical Purposes, Level II (NUTS II),

established in the Decree-Law No. 46/89 of February 15, as amended by Decree-Law No.

244/2002, of November 5.

Article 6.

Procedure for the conclusion of management contracts

1-A celebration of administrative management contracts for opening of new centres

of inspection is carried out through procedure initiated at the request of the person concerned.

2-May submit applications all the entities that meet the conditions of

technical and idoneity capacity set out in Article 4 and to comply with the limits

referred to in the previous article.

3-The applications are submitted by application of the interested person directed to the IMTT,

I. P., and instructed with the supporting documents of the capacity conditions

technique and suitability referred to in paragraphs 4 and 5 of Article 4, as well as with a

supporting statement of compliance with Article 5.

4-A The decision on the rejection or approval of the applications is delivered by the IMTT, I.

P., within 90 days, from the respective presentation.

5-Applications are rejected when:

a) Do not meet the conditions of technical and idoneity referred to in the

Paragraphs 4 and 5 of Article 4;

b) Do not respect the limits referred to in the previous article.

6-The regulated management contract in the following chapter is concluded within 10 days

after decision of approval.

Article 7.

Start of activity

The vehicle inspection activity can only be started after the approval of the centre of

inspection, pursuant to Rule 14.

Article 8.

Duties of the managing entity

1-Compete to the managing body, in the exercise of its activity:

a) Gerir and supervise the inspection activity of vehicles;

b) Charge fees for the services provided;

c) Maintain the infrastructures, equipment and information systems in good

state of operation and ensure the smooth operation of the inspection centre;

(d) comply with all legal, contractual, regulatory and technical provisions

relating to the exercise of the activity and the inspection of vehicles;

e) Faculty to the IMTT, I. P., and to the supervising and research entities the entry

on your premises and access to your computer systems, without any restrictions

on the vehicle inspection activities, as well as providing them with the

information and supports that by those entities are requested to you;

f) Maintain the personnel framework and ensure its training and further improvement

technical;

g) Maintain accreditation of inspection activity carried out in a centre of

inspection, by the Portuguese Institute of Accreditation, I. P. (IPAC, I. P.).

2-In the exercise of the inspection activity, the managing body and the staff at its service

must still:

a) Use of exemption in the performance of the technical inspection activity of vehicles;

(b) comply with all legal, regulatory and technical provisions relating to the

exercise of the vehicle inspection activity, as well as safety standards,

hygiene and health at workplaces;

c) Maintain the inspection centre in conditions of carrying out inspections during the

time of operation;

d) Ensuring maintenance, calibration, metrological control and normal

operation of the inspection equipment;

e) To ensure that no inspections are carried out in number higher than the limits

legal established by inspector.

3-For the purposes of the provisions of this Article, it is understood by means of accreditation, the

activity carried out by the national accreditation body within the meaning given by the

Regulation (EC) No 765/2008 of the European Parliament and of the Council of July 9.

CHAPTER III

Regime of the management contract

Article 9.

Contract

1-The management contract, the minuta of which is approved and advertised by the IMTT, I. P., has by

object to the assignment of the right and the definition of the terms and conditions of exercise of the

vehicle inspection activity and inspection centre management, as well as the

delegation of the exercise of the public inspection power of vehicles under the terms of the

(g) of Article 11 (1) of the Decree-Law No 44/2005 of February 23 amending the

Code of the Road.

2-Of the contract shall appear, specifically:

a) The type of inspection centre and its characterization, including location,

accesses, facilities, equipment, organization and human resources, according to the

project referred to in Article 4 (5);

b) The procedures of articulation with the IMTT, I. P.;

c) the financial counterpart, referred to in the following number, which reverts to the IMTT,

I.P.;

d) the conditions for the exercise of other activities in the inspection centres;

e) the period and conditions of extension of the contract;

f) The penalties for contractual default.

3-A financial consideration referred to in point (c) of the preceding paragraph shall be 5% of the

tariff of each inspection carried out, fixed in accordance with Rule 21.

4-The expiry of the contract:

a) If the managing body does not ensure the approval of the inspection centre, the

Terms of Article 14, within one year of the conclusion of the contract;

b) If the application for accreditation, or changes in the scope of accreditation, is not

granted within a maximum of one year, counted from the date of commencement of the activity

of inspection or after approval of changes by the IMTT, I. P., save if such accreditation

is not obtained for reasons not attributable to the managing entity.

Article 10.

Assignment of the contractual position or subcontracting of the management of the inspection centre

1-A assignment of the contractual position of the managing entity and the subcontracting of the management of the

inspection centre shall be subject to permission of the governing board of the IMTT, I. P., a

which depends on the compliance by the transferee or subcontractor of the conditions

provided for in Articles 4 and 5.

2-A authorisation shall be issued within 45 days, from the request of

authorization, under penalty of tacit deferris.

Article 11.

Deadline

1-The contract is concluded by the term of 10 years, extended by equal periods, since

that the conditions to which the Articles 4 and 5 are to be met shall be maintained.

2-A prolongation of the contract is required by the managing entity to IMTT, I. P., with the

advance of six months with respect to the term of the contract, upon

application submission instructed with all supporting documents of the

verification of the conditions and requirements set out in the preceding paragraph.

Article 12.

Termination of the contract

1-Are causes of termination of the contract:

a) The expiry;

b) The agreement between the parties;

c) The resolution.

2-Without prejudice to other causes provided for in the law, the IMTT, I. P., may resolve the contract,

in the following cases:

a) When there is a default, pursuant to Article 333 of the Code of

Public Procurement;

b) In the event of the non-maintenance of the conditions of technical capacity and suitability

provided for in Article 4;

c) for violation of the provisions of Article 5;

d) When there is non-compliance with the duties to which the managing entity is obliged,

specifically those provided for in Article 8;

e) When it is annulled or suspended the accreditation, for reasons attributable to the

gesttor entity;

f) For the lack of authorisation provided for in Article 10;

g) For the lack of the authorizations provided for in paragraphs 2 and 3 of Article 16;

h) When changes are made to the unapproved inspection centres, in the

terms of Article 15;

i) In the event of a precautionary suspension decision of a line or the centre by the third

time in the period of two calendar years;

j) When the decision to sanction accessory of interdiction has been applied

exercise of the activity;

l) On the grounds of public interest, duly substantiated, in which case the

entity gestora is entitled to the compensation determined under Article 334 of the

Code of Public Procurement.

3-A The resolution of the contract pursuant to the preceding paragraph is preceded by the hearing of the

managing entity and, where applicable, for the granting of a time limit of 30 days, for which

cesse the default and the conditions for the exercise of the activity are restored.

4-Without prejudice to other causes provided for in the law, the managing body may resolve the

contract, in cases and in the terms provided for in Article 332 of the Contract Code

Public.

CHAPTER IV

Operation of inspection centres

Article 13.

Centres of inspection

1-The inspection centres are classified according to the type of inspections that

carry out, in one of the following categories:

a) Category A-inspection centres where the inspections are carried out for

periodic verification of the characteristics and conditions of safety of vehicles;

b) Category B-Inspection centres where all types of inspection are carried out

vehicles, particularly inspections for approval of the respective model, to

allocation of matriculation, for approval of change of constitutive characteristics or

functional, for periodic verification of their characteristics and conditions of

security.

2-In inspection centres optional inspections may be carried out, at the initiative

of the owners, for verification of the characteristics or conditions of safety of

vehicles.

3-In inspection centres other activities may not be carried out, unless the

provided for in the contract or expressly authorized by the IMTT, I. P.

Article 14.

Approval of inspection centres

1-A The approval of the inspection centres competes with the IMTT, I. P., and depends,

namely, of the following elements:

a) Vistory to be carried out by the IMTT, I. P., for verification of compliance of the

requirements referred to in point (b) of Article 4 (2) and of the implementation of the project

constant of the management contract referred to in point (a) of Article 9 (2).

b) Submission of proof, issued by IPAC, I. P., of which they are gathered

the documentary conditions required to move forward with the subsequent phases of

assessment of the application for accreditation.

2-IMTT, I. P., has the deadline of 60 days to carry out the survey requested by the

gestures entity.

3-If the survey is not carried out, the managing body is obliged to deliver term of

responsibility signed by the responsible manager, the director of quality and the

technical director of the centre, within 15 days, under penalty of expiry of the contract.

4-Without prejudice to the provisions of paragraph 1, the governing board of the IMTT, I. P., defines the

procedure to be observed and the documents to be submitted for the purposes of approval of the

inspection centres and their changes.

5-The requirements referred to in points (a) and (b) of Article 4 (2) are for verification

permanent, owing to the lack of any of them being suppressed within 10 days, under

penalty for the implementation of the administrative penalties provided for in Article 25, and or of resolution

of the management contract.

Article 15.

Changes in inspection centres

1-Any changes entailing the enlargement or reduction of the scope of

activity of the inspection centres or the change of facilities, including the installation

of new lines, depend on approval of the technical compliance of the respective

project by the IMTT, I. P.

2-For the purpose of the preceding paragraph, the line the physical space equipped with

means necessary for the full realization of an inspection, without any need

of maneuvings for the positioning of the vehicle.

3-The changes may not decrease the conditions of safety, nor constitute risk

for the health and hygiene of the staff of the inspection centre or its users,

facilities shall be terminated when such conditions may not be

guaranteed.

4-It cannot be allowed to change facilities when it results in violation of the

provisions of Articles 2º and 5.

5-The amendments referred to in paragraph 1 shall constitute an application for the amendment of the scope of

accreditation.

Article 16.

Interruption of activity

1-A The interruption of the activity of an inspection centre should be immediately

advertised to users, through publication on an Internet site and by

on-site fixation accessible to the public, and communicated to the IMTT, I. P., indicating

expressly the justifying reason for such closure, as well as the foreseeable date

of reopening.

2-The interruptions greater than 10 days are subject to authorisation, to be issued by the IMTT,

I. P., within 48 hours, after communication, considering himself tacitly deinjured

when it surpassed that deadline.

3-The restart of the activity of the inspection centre, in the case provided for in the preceding paragraph,

shall be subject to prior permission of the IMTT, I. P., to be issued within 10 days,

may choose to carry out a prior survey.

Article 17.

Period of operation of the inspection centres

1-The period of operation, or any change to the same, shall be communicated

to IMTT, I. P., advertised on internet site and affixed in place accessible to the public.

2-It cannot be refused, without cause justification, any request for an inspection

compulsory vehicle within the normal operating period of the centre of

inspection.

CHAPTER V

Technical staff of vehicle inspection centres

Article 18.

Inspectors

1-A inspection of vehicles can only be carried out by inspectors certified by the IMTT,

I.P.

2-The minimum number of inspectors per inspection centre may not be lower than

two and each line in operation corresponds to an inspector, and may one of these be

the technical director of the inspection centre.

3-In the case of category B inspection centres, to the minimum number of inspectors to

which refers to the previous number is increased a qualified inspector for the respective

complementary area, understanding this as the specific zone of the centres of

inspection of category B intended for carrying out tests not included in inspections

periodicals.

4-In the centres with areas intended exclusively for the inspection of motorcycles, of

cyclomotors, tricycles and quadricycles, inspections can be carried out by the

inspectors assigned to the lines of inspection.

5-Each inspector can only carry out on a daily basis, in his normal period of work, a

maximum number of inspections and or re-inspections to be defined by the portaria referred to

(b) of paragraph 2 (4)

6-The conditions of access, training and assessment of inspectors and issuance of

certificate of inspector are those set out in Decree-Law No. 258/2003 of October 21.

Article 19.

Duties of inspectors

They constitute duties of the inspectors:

(a) perform their duties with exemption;

(b) comply with all legal, regulatory and technical standards on inspection

of vehicles;

(c) to clarify the users on the technical fundamentals of the outcome of the

inspection, particularly on the consequences of disabilities;

d) Use of urbanity in their relationship with users.

Article 20.

Responsible for the inspection activity of vehicles

1-A The managing body shall have a manager responsible to the IMTT, I. P., by all

matters relating to the contract and compliance with the standards in force

applicable to the inspection activity of vehicles, specifically those provided for in

Decree-Law No. 554/99 of December 16, amended by the Decrees-Laws

107/2002, of April 16, 109/2004, of May 12, 136/2008, of July 21, and

112/2009, of May 18.

2-In case the managing body is the holder of more than one inspection centre, the manager

responsible to the IMTT, I. P., it also competes in the coordination and harmonisation of the

inspection activity of all centres.

3-A The inspection centre manager shall have in effectivity of functions:

a) a director of quality, responsible for accreditation;

b) a technical director on stay at each inspection centre, responsible

for compliance with the legal, technical and procedure provisions, concerning the

inspections of vehicles.

4-The director of quality and the technical director must possess a bachelor's degree or

degree in the area of mechanics, particularly in mechanical engineering, engineering

automotive or similar or possess proven experience in the actual exercise of these

positions for at least six years.

5-The duties of responsible manager before the IMTT, I. P., of technical director of the centre

of inspection and quality director can be accumulated if the managing body

own only one inspection centre.

6-The duties of director of quality and responsible manager in the face of IMTT, I. P.,

can be accumulated.

7-In the fallout and impediments of the technical director, the managing company shall designate

a substitute, from among the inspectors.

8-A The designation of the technical director, as well as that of his replacement, is nominal, owing

be affixed to the reception area for knowledge of the users and communicated to the

IMTT, I. P, within 48 hours.

9-The technical director who has exercised the post at an inspection centre, the contract of which

has been resolved, pursuant to Article 12, by virtue of default by the

entity managing its legal or contractual obligations, cannot be designated for

the same post in another centre for a period of two years, in the case of staying

demonstrated in the procedure of contract resolution that the same was responsible

by facts that determined that resolution.

CHAPTER VI

Inspection of vehicles

Article 21.

Fees

1-The tariffs of inspections and reinspections are fixed, whose values are

established annually depending on the type of inspection and the category of the vehicle, by

would pore from the members of the Government responsible for the areas of modernization

administrative, the economy and transport.

2-The tariffs are adequately advertised, specifically, by means of affixing to the

inspection centres, in place of easy access to the public and in accordance with the terms of the article 1 of the article

33º.

Article 22.

Processing of information

1-A non-nominative information regarding inspections should be processed

informatically, and it should keep up to date all data relating to vehicles

inspected, where they build, in particular, the type of inspection, the matriculation, the

frame number, the date, the result and the validity of each inspection carried out, well

like the elements that show themselves relevant to the clarification of decisions

outlets.

2-By deliberation of the directive board of the IMTT, I. P., the structures of

data, the technical standards to which the same must comply and the periodicity of

transmission of the information or the way to access them.

3-All data is confidential, not the managing entities to make them

any use for commercial purposes, save to inform about deadlines and periodicity of the

inspections.

4-IMTT, I. P., has access to the information system of the inspection centres having at

view its monitoring, its control and its surveillance and may require the

managing entities the provision and access of the necessary information to the

clarification of the outcome of inspections and transmission of data.

5-All elements relating to inspections shall be kept for a period

minimum of two years, and the managing entities should have their own file for the

effect.

6-The information system must comply with the requirements required by the legislation of

protection of personal data, ensuring the privacy of citizens and their

data.

Article 23.

Incompatibilities

The managing entities may not inspect, at the inspection centres where they exercise

the activity, vehicles that:

a) Be the property of the partners, managers or administrators, of the

managing entities of inspection centres, Directors, technical officers and

too many personnel at your service or that by these have been marketed, manufactured

or repaired;

b) Be the property or have been marketed, manufactured or repaired

by companies holding stakes in the managing entities;

c) be held in contract regime for rental, leasing or leasing

another regime that legitimizes the possession of the vehicle, by the natural or legal persons to

which refer to the previous points.

CHAPTER VII

Surveillance and counterordinational regime

Article 24.

Surveillance

1-A enforcement of the performance of obligations in the scope of the activity of inspections

of vehicles, in accordance with the provisions of this decree-law, in regulation

supplementary and in the management contract, it is up to the IMTT, I. P.

2-The managing entities, through their representatives, of the technical directors of the

inspection centres, inspectors and too many personnel, must provide to the technicians of the

IMTT, I. P., in functions of surveillance, the necessary support for the performance of their duties and

all the information by these requested by providing them, still, the free access to the

facilities, equipment and the respective procedures.

3-In the context of the surveillance to which the previous figures relate, it may be repeated

the inspection to any vehicle, by staying the owner of the vehicle inspected

thanks to the new presentation.

4-The result of the repeat of the inspection to an integrated vehicle in an action of

supervision prevails over the outcome of the observations and verifications

previously made.

5-For the realization of its competences, the IMTT, I. P., shall be permitted to use the

collaboration of other public entities, in the legal terms.

Article 25.

Suspension cautionary

1-Within the framework of a review action may be determined to be suspended

of the activity of an inspection centre, when it is found that they do not hold the

technical capacity requirements for access to business as well as technical requirements

necessary for the operation of the centre, particularly when:

a) The inspection centre does not have the minimum number of inspectors

established in Article 18;

b) Inspection equipment will not find themselves available, operational or

have not been submitted to the legally foreseen metrological checks;

c) Inspection equipment does not find themselves calibrated or provide

inaccurate results due to anomaly or poor maintenance;

d) Information relating to inspections is not processed or transmitted in the

terms set out in Article 22º, save for reasons not attributable to the managing entity.

2-A suspension referred to in the preceding paragraph may cover the entire centre of

inspection, one or more lines or areas of inspection, depending on the irregularities

detected.

3-A The cautionary suspension referred to in this article shall be confirmed or raised,

within the maximum of three working days after its enacted, by decision of the council

directive of the IMTT, I. P., in the face of the report prepared by the supervisory technicians and

listened to the managing entity, considering lifted the suspension if there is no

decision at that time.

4-Confirmed the precautionary suspension in the terms of the previous number, the managing entity

may only apply to the IMTT, I. P., authorisation for restarcement of the activity after

fulfillment of the missing requirements, owing to occur within 30 working days

immediately after the confirmation of the precautionary suspension.

5-If the managing body of the inspection centre does not make the necessary changes

within the stipulated time of the preceding paragraph, there is grounds for the resolution of the contract.

Article 26.

Counter-ordering

1-The exercise of the technical inspection activity of vehicles by entity other than

has a valid contract for the purpose, pursuant to Article 9, is punishable by fine

of (euro) 1500 a (euro) 3740 or (euro) 10000 a (euro) 30000, depending on whether it is

natural or legal person.

2-Constituent counter-ordinances, attributable to the managing entity and punishable with fine

of (euro) 1500 a (euro) 3740 or (euro) 4000 a (euro) 12000, depending on whether it is

natural or legal person:

a) the continuation of the exercise of the activity when there has been amendment to the

inspection centres without the approval referred to in Article 15;

b) The continuation of the exercise of the activity when there has been suspension

cautionary or revocation of the approval of the inspection centre;

c) The carrying out of inspections of vehicles in default of the provisions of the article

23.

d) The non-existence of claims book, pursuant to Article 31º of this Law.

3-Constituent counter-ordinances, attributable to the managing entity and punishable with fine

of (euro) 1000 a (euro) 3000 or (euro) 2000 a (euro) 6000, depending on whether it is

natural or legal person:

a) the refusal of inspection in default of the provisions of Article 17 (2);

b) the exercise of the inspection activity with uncertified inspectors or in

non-compliance with the provisions of Article 18;

c) the exercise of the inspection activity in default of the provisions of the

article 20;

d) the exercise of other activities in the inspection centres without authorization;

e) the collection of tariffs in value other than that set;

f) Failure to comply with the duties referred to in Article 8 (1);

g) The non-processing of the information in accordance with the provisions of the

article 22 para.

4-Constituent counter-ordinations attributable to the technical director, punishable with fine

of (euro) 1000 a (euro) 3000, the failure to fulfil the duties referred to in paragraph 2 of the

article 8 para.

5-Constituting counterordinations attributable to vehicle inspectors:

a) Failure to comply with the duties referred to in Article 19, punishable by fine

of (euro) 200 a (euro) 600;

b) The non-annotation or incorrect classification, in the inspection fact sheet, of deficiencies

of type 2 or 3, as provided for in the regulatory standards on classification of

deficiencies of vehicles, punishable with fine of (euro) 400 a (euro) 1200.

6-A The application of the counterordinations provided for in this Article shall be without prejudice to the

civil and criminal liability to which there is place.

7-A attempt and neglect are always punishable by being the maximum and minimum limits

of the fines reduced to half.

Article 27.

Ancillary sanction

1-With the application of the fines for the offences provided for in Article 26 (1) thereof, in the

paragraph 2 (c) and (b) and (e) of paragraph 3 of the same article, may be enacted to

ancillary sanction of interdiction of the exercise of the activity, provided that there has been

previous conviction for the practice of the same offence.

2-Can be enacted the ancillary sanction of suspension of the certificate of inspector in the

situations provided for in paragraph 5 of the preceding Article, if the latter has practiced five offences

object of definitive sanctionatory decision, and these have occurred in the course of two

consecutive years.

3-A The interdiction of the exercise of the activity and the suspension of the certificate of inspector has

the maximum duration of two years.

Article 28.

Instruction of the process and application of the fines

1-A instruction of the proceedings by counter-ordinances provided for in this Decree-law

compete with the IMTT, I. P.

2-A The application of the fines provided for in this decree-law is the competence of the council

directive of the IMTT, I. P.

Article 29.

Product of the fines

The allocation of the product of the fines is done in the following way:

a) 60%, for the State;

b) 40%, for the IMTT, I. P.

CHAPTER VIII

Final and transitional provisions

Article 30.

Civil requisition of inspection centres

Inspection centres and their employees may be the subject of requisition

civil, under the conditions laid down in law.

Article 31.

Book of complaints

Vehicle inspection centres must possess book of claims, under the terms of the

Decree-Law No. 156/2005 of September 15, amended by the Decrees-Laws

371/2007, of November 6, 118/2009, of May 19, and 317/2009, of October 30.

Article 32.

Dematerialization of acts and procedures

1-All requests, communications and notifications between the IMTT, I. P., the entities

gestures, the inspection centres or the users of these can be carried out by

electronic means, through the electronic information platform of the IMTT, I. P.,

referred to in the following article.

2-All administrative procedures provided for in this Decree-law, for whose

statement or final decision is lawful or by regulation required the submission of

certificates or statements of administrative entities, are covered by the Decree-

Law No. 114/2007 of April 19.

Article 33.

Electronic information platform

1-IMTT, I. P., develops and manages an electronic information platform of which

shall appear in the following subjects:

a) Electronic Agendation;

b) Information on the limit date of the inspection of vehicles;

c) Temporary closure period of the technical inspection centres of

vehicles;

d) Period of operation of all technical inspection centres of vehicles;

e) Table of tariffs in force.

2-A The electronic information platform includes an area of communication between the

inspection centres and the IMTT, I. P., as well as accessible connection from the Portal of the

Citizen and the Company Portal.

Article 34.

Existing inspection centres

1-The entities which, on the date of entry into force of this Law, carry out the activity

of technical inspection of vehicles in approved inspection centres, are entitled to

conclude a regulated management contract in Chapter ii, with the IMTT, I. P.

2-A conclusion of the contract referred to in the preceding paragraph shall occur on the deadline

maximum two years from the date of entry into force of this Law.

3-For the purpose of concluding the contracts provided for in paragraph 1, they are not taken into account the

limits provided for in Article 5 and in Article 35 (1), which shall only apply to

departure from the end of the first activity-exercise contract, regulated by the new

regime.

4-The entities referred to in paragraph 1 may change facilities as long as they respect

the limits set out in Article 2º and Article 35 (1), and provided that such an application for

change is carried out in the first year of this Law.

5-Fishing the period referred to in paragraph 2 without having been entered into the contract, by

reason attributable to the authorised entities, expiry of the granted permission,

by proceeding to the closure of the respective inspection centres.

6-The technical officers and the directors of the quality of inspection centres, already

designated at the date of entry into force of this Law, may continue to exercise these

positions during the duration of the first contract, as a director

technical and director of the quality, respectively.

Article 35.

Transitional arrangements

(Eliminated)

Article 36.

Law enforcement in time on dematerialization of acts and procedures

1-The provisions of Article 32 (1) relating to the possibility of use of means

electronic in all applications, communications and notifications between the IMTT, I. P., the

managing entities, the inspection centres or the users of these, produces effects to 1

of January 2011.

2-A The electronic platform provided for in Article 33 shall be available to the citizen and to the

companies, until January 1, 2012, being their execution defined in the terms and

conditions to be established by protocol to be concluded between the Agency for Modernization

Administrative, I. P., and the IMTT, I. P.

Article 37.

Regulation

1-A This Law shall be regulated within 90 days of its entry into law

vigour.

2-Without prejudice to the preceding paragraph and up to the publication of the said portaria, to the

requirements set out in Article 4 (2) (b) apply to Annexes i and ii of the

Portaria No. 1165/2000 of December 9.

Article 38.

Abrogation standard

1-Are revoked:

a) The Decree-Law No 550/99 of December 15;

(b) paragraphs 1 to 3, 12 and 15 to 41 of the Portaria No 1165/2000 of December 9,

as well as its Annex iii.

2-References to Decree-Law No. 550/99 of December 15, constants of the standards

that remain in force at the Portaria No. 1165/2000 of December 9, consider themselves

made for the corresponding provisions of this decree-law.

Article 39.

Entry into force

This Law shall come into force 180 days after the respective publication.

Assembly of the Republic, October 8, 2010.

The Deputies and Deputies of the Left Bloc,