Royal Decree 1057/2015 of 20 November, amended the scheme of the activity of leasing of vehicles with driver provided for in the Regulation of the Land Transport Management Act, approved by Royal Decree 1211/1990 of 28 September (hereinafter ROTT). The purpose of this modification has been, in turn, the adaptation of the ROTT to the regulated in this matter by Law 9/2013, of 4 July, amending Law 16/1987, of July 30, of the Land Transports and the Law 21/2003, 7 July, on Air Safety.

In the same sense, it is also appropriate to adapt the content of the ministerial orders governing this matter, in particular Order FOM/36/2008 of 9 January, for which the second section of Chapter IV of Title V is developed, in the case of leasing of vehicles with a driver, as amended by Order FOM/3203/2011 of 18 November 2011.

In its virtue, according to the authorization contained in the 11th additional provision of the Regulations of the Law of Land Transport Management, I have:

Single item. Amendment of the Order FOM/36/2008 of 9 January, for which the second section of Chapter IV of Title V, on the leasing of vehicles with driver, is developed, of the Regulation of the Law on the Management of Land Transports, approved by Royal Decree 1211/1990 of 28 September.

Order FOM/36/2008 of 9 January, for which the second section of Chapter IV of Title V, in the field of leasing of vehicles with driver, is developed, of the Regulation of the Law on the Management of Transport Land, approved by Royal Decree 1211/1990 of 28 September, is amended as follows:

One. Article 5 is worded as follows:

" Article 5. Requirements for granting authorizations.

The granting of a driver's lease of vehicles shall be conditional on the applicant undertaking proving compliance with the requirements set out in Article 181 (1) and (2) of the ROTT. in accordance with the provisions of this order. "

Two. Article 6 (1) is worded as follows:

" 1. For the purposes of compliance with Article 181.1 of the ROTT in conjunction with Article 43.1 (a) and (b) of the LOT, the accreditation of the legal personality and nationality requirements of the undertaking shall be carried out by means of the presentation of the national identity document in force of the holder of the authorization or, where he is foreign, of the identification document which has equivalent effects in his country of origin or of the passport, which shall be accompanied by the a corresponding identity card abroad and the long-term residence permit or temporary residence and self-employment, and, in all cases, of the accreditation to be in possession of the corresponding tax identification number.

When the holder of the authorization is a legal person, he/she must present the document of incorporation and his/her tax identification card and credit his/her registration in the Mercantile Register or, if applicable, in the Register that corresponds. "

Three. Article 9, which is not contained, is deleted.

Four. Article 10 is worded as follows:

" Article 10. Accreditation of the provision of a minimum number of vehicles.

The effective provision of the vehicles required by Article 181.2 of the ROTT shall be accredited by the submission of the relevant movement permits and, where they are not issued in the name of the holder of the movement, the authorization, of the corresponding lease. "

Five. Article 11, which is not contained, is deleted.

Six. Article 12 is worded as follows:

" Article 12. Drivers of vehicles.

Drivers used by companies engaged in the leasing of driver vehicles must be registered in their business organisation in accordance with the provisions of Article 54 (3) of the Treaty. Law 16/1987, of 30 July, of Land Transport Management and to be in possession of the driving licence which is relevant in accordance with the rules on traffic, traffic and road safety. '

Seven. Article 13 is worded as follows:

" In order to begin the processing of the procedure for obtaining the authorizations for the lease of vehicles with driver it will be necessary to submit the corresponding application to the competent organ, accompanied by the evidence of compliance with the requirements of the legal personality and nationality of the undertaking provided for in Article 6.1 of this order, without prejudice to the subsequent accreditation of the other requirements. '

Eight. Article 14 is worded as follows:

" Article 14. Granting authorizations.

Where all the conditions referred to in Article 5 are met, the competent authority may refuse the authorisations requested only if the circumstances provided for in Article 181.3 of the ROTT are met. "

Nine. Article 16 (1) is worded as follows:

" 1. The validity of the authorisations granted in accordance with this order shall be conditional upon the periodic verification of compliance with the requirements laid down in Article 5 of this order.

This finding shall be carried out, biennially, by the administrative body which has made the granting of the authorisations. "

Ten. Article 16 (2) and (3) shall be deleted, which shall be without content.

Once. Article 20 (1) is worded as follows:

" 1. The authorization of the lease of vehicles with a driver may be transmitted to other operators, provided that the Administration so permits the subjective novation of the same in favor of its acquirers. In no case shall the subjective novation be able to assume the domicile of the authorization in an autonomous community other than that in which it was originally obtained. Such novation shall be conditional on the acquirer fulfilling all of the requirements laid down for the original grant of the authorisations or having previously been the holder of licences for the lease of vehicles with a driver registered in the same autonomous community.

The acquirer must prove that it has the vehicles to which it is attached to the authorisations transmitted in accordance with the terms of Article 181.2 of the ROTT.

The subjective novation of the authorizations will result in the replacement of the cards, in which the cards are documented by others whose specifications are adapted to the authorized novation. "

Twelve. Article 21 is deleted which is not contained.

Thirteen. The first paragraph of Article 22 is worded as follows:

" Vehicles to which the driver's lease permits are referred may be replaced by others where the competent authority so authorises by reference to the relevant authorisation for the new driver. vehicle. "

Fourteen. Article 23 is worded as follows:

" Article 23. Conditions for the leasing of vehicles with driver.

In accordance with the provisions of Article 182.1 of the ROTT, the contract for the lease of vehicles with a driver must have been completed in advance for the provision of the contracted service to be initiated, on board the vehicle either an accrediting copy of that contract, provided that it contains all the particulars required by Article 24, or the road map referred to in that Article.

The lease must be referred to, in any case, to the total capacity of the vehicle to be used, without having to rent its seats separately from different tenants.

In any event, the leasing of vehicles with a driver must comply with the other conditions laid down in Article 182.1 of the ROTT. "

Fifteen. Article 24 is worded as follows:

" Article 24. Roadmap.

1. For the purposes of administrative control, the holder of the lease of vehicles with a driver must complete a road map for each service, which must be kept for a period of one year from the date of for the conclusion of the contract, at the disposal of the land transport inspection services.

On each road map the name and number of the national identity card or tax identification code of the lessor and the tenant shall be entered; the place and date of the conclusion of the contract; the place, date and time at the service must be initiated and the place and date on which it is to be completed; the registration of the vehicle; and the other circumstances to be established, where appropriate, by the Administration or freely agreed by the parties.

By way of derogation from the foregoing paragraph, the identification of the place of termination of the service may be omitted where the contract expressly states that the place of service shall be freely determined by the customer during the contract. service delivery.

2. In those cases where, as provided for in the previous Article, the accrediting copy of the contract contains the same data as required for the road map, it shall not be necessary to complete this.

In any event, the leasing company must retain the lease of each service, at the disposal of the land transport inspection services, for the period of one year from its date of celebration. "

Sixteen. Article 25, which is not contained, is deleted.

seventeen. Article 26, which is not contained, is deleted.

Eighteen. The second additional provision is deleted.

nineteen. The first transitional arrangement is deleted.

Twenty. The second transient arrangement is deleted.

Final disposition first. Competence title.

This order is issued in accordance with the provisions of Article 149.1.21. of the Constitution, which attributes to the State competence on the land transports that pass through the territory of more than one Autonomous Community.

Final disposition second. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 18 December 2015. -Minister for Development, Ana Maria Pastor Julian.