Law 9/2013, 4th of July, amending the law 16/1987, of 30 July, the land transport management and the law 21/2003, of July 7, air safety, has introduced some especially significant in relation to certain forms of transport modification, highlighting that which affects the exercise of the activity of leasing of vehicles with driver.
As the preamble of the Act determines, it can mean is the definitive framework for the activity of leasing of vehicles with driver as a specific mode of passenger transport in tourism vehicles, which, in consequence, apply it all the rules concerning the transport activity and not those identified for merely ancillary and complementary activities of transport.
In this line, law 9/2013 has proceeded to give new wording to article 99 of the law 16/1987, of 30 July, management of the terrestrial transport, so that in its point 4, it comes to determine that this activity constitutes a form of passenger transport and that its exercise is subject to the obtaining of the authorization in accordance with the requirements defined in articles 42 and 43.1 and what regulations is established with specific character in relation to the mode of transport.
On the other hand, new article 48 of the law 16/1987, of 30 July, the land transport management empowers the State to introduce, through regulatory, limitations to the granting of new authorizations for the exercise of this transport activity, basis of offer of public passenger transport in tourism vehicles is subject to quantitative limitations in the field regional or local. New article 91 of this law can also introduce regulatory constraints in relation to the origin, destination or travel services.
Along the same lines, it seems appropriate to also review the regulation given to the lease of vehicles with driver in relation to the requirements for obtaining the authorization, issuance of authorizations and conditions of provision of the service.
It therefore adapt the regulation of the law of management of the transport land, approved by Royal Decree 1211 / 1990, 28 September to the new regulation, estimated from to provide new wording to articles 181 and 182 of the said regulation.
In his virtue, a proposal from the Minister of promotion, according to the Council of State and after deliberation by the Council of Ministers at its meeting of November 20, 2015, have: single article. Modification of the regulation of the law of management of the transports land, approved by the Royal Decree 1211 / 1990 of September 28.
The regulation of the law of management of the transports land, approved by the Royal Decree 1211 / 1990, 28 September, is to be re-worded as follows: one. Article 181 is drawn up in the following terms: "1. the granting of authorisations for vehicles with driver lease will require that the applicant meets all the requirements in article 43.1 of the LOTT, with the specifications indicated in the following section.»
(2. in implementation of what is available in) (d) of the cited article 43.1 of the LOTT, the activity of leasing companies with driver will have at all times, in ownership or lease of at least seven vehicles dedicated to this activity.
The company have on property, lease or lease ordinary vehicles other that, in his case, intends to ascribe to authorizations of leasing of vehicles with driver.
Vehicles that have to be referred to the authorizations of lease with driver, will not have a capacity greater than 9 seats, including driver's, and should meet, without prejudice to any others which entail an improvement in their conditions, the following characteristics: a) engine with a power equal to or greater than 12 tax horsepower (CVF).
(b) outside minimum length, measure from end to end of the vehicle equal to or superior to 4.60 meters.
It is not necessary to the fulfilment of the requirements contained in the two letters previous to when the vehicle that is intended to attach to the authorization use as energy source electricity, hydrogen, biofuels, synthetic fuels and paraffinic, natural gas, liquefied gas petroleum or any other is thus expressly indicated to be an alternative to traditional fossil fuels.
Vehicles may not continue dedicated to the activity of leasing with driver from that reach more than ten years from first registration. However, there is no limitation in terms of the age of the vehicle, when it has a fiscal power equal to or greater than 28 FVC or concerned a historic vehicle of those defined as such in regulation of traffic, circulation of motor vehicles and road safety.
3. in execution of what is available in the article 48.2 of the LOTT, when the supply of passenger transport in tourism vehicles is subject to quantitative limitations on an autonomous community, or in any of the municipalities that comprise it, the competent authority may refuse granting new authorisations of leasing of vehicles with driver in order to maintain the proper balance between the supply of both modes of transport in their territory.
Means in any case that a situation of imbalance, and consequently shall refuse the granting of new authorizations of leasing of vehicles with driver, when the relationship between the number of those existing in the territory of the autonomous community in which intend to household and of the of public passenger transport in tourism vehicles domiciled in that same territory exceed one for every thirty of these.
However, those autonomous communities which, by delegation of the State, had assumed competence for authorizations of leasing of vehicles with driver, may modify the rule of proportionality indicated in the preceding paragraph, provided that applied it is less restrictive than that.»
Two. Paragraph 1 of article 182 is worded in the following terms: "1. when attached to authorisations for rental of vehicles with driver vehicles are occupied by persons other than the proprietor's authorization, only be circular if justified that they are paying a previously contracted service.»
For this purpose, lease of vehicles with driver must have been completed previously to start the delivery of the contracted service, and must take on board supporting documentation of this Contracting vehicle, according to what is determined by the Minister of public works.
Vehicles attached to authorisations for rental of vehicles with driver may not, in any case, travel on public roads in search of clients or lead to the capture of travelers who had not previously contracted service staying parked for this purpose.»
3. Paragraph 3 of article 182 is worded as follows: «3. in accordance with provisions of articles 17.1 and 18 of the LOTT, prices of the activity of leasing of vehicles with driver shall not be subject to administrative fee, while corresponding companies must be available to the public information that apply.»
Four. Paragraph 4 of article 182 is worded in the following terms: "4. the vehicles dedicated to the activity of lease with driver cannot be carried out external signs of identification that induce to confusion with the activity of taxis.»
Notwithstanding this, those autonomous communities which, by delegation of the State, had assumed competence for authorizations of leasing of vehicles with driver may require that vehicles covered in this class authorizations be identified externally by means of a distinctive.»
5. Add a new paragraph 5 to article 182 with the following wording: ' 5. without prejudice to article 182.2, vehicles dedicated to the activity of lease with driver should be used routinely in the provision of services to meet needs related to the territory of the autonomous community in which the authorization that will protect is domiciled.»
Means that, in any case, a vehicle has not been used regularly in the provision of services to meet needs related to the territory of the autonomous community in which the authorization in which shelters, when 20 percent or more of the services carried out with that vehicle within a period of three months has not proceeded is domiciled not even partially, for that territory.
When vehicles are providing services in separate territory to the autonomous community in which is domiciled the authorization that will protect, these must carry on board the corresponding authorization on the dash, visible from the outside, except that they may be identified by one of the labels referred to in the second subparagraph of article 182.4 instead.»
6. A new paragraph 6 is added to article 182 with the following wording:
«6. the company shall have cover, by one or more insurance or other financial guarantees, its liability for harms that travelers might suffer as a result of the transport.»
Sole transitional provision. Unenforceability of minimum fleet.
1. the holders of authorisations for vehicles with driver lease in force at the time of entry into force of this Royal Decree which do not have the minimum number of vehicles referred to in article 181.2, may continue the exercise of his activity without fulfilling this requirement as such authorizations continue to its name.
Although vehicles by such holders have assigned to their authorizations referred when fail to comply with any of the requirements set out in that article, be able to continue attached to those as they are not substituted by others, which Yes shall comply with such requirements.
2. in any case, authorisations which remain in force by virtue of the provisions of the preceding paragraph, only can be transmitted without that take into account the requirement relating to the minimum number of vehicles when the transmission is intended to the totality of authorisations it is incumbent the transferor and is carried out in favour of a single transferee which must be holder of other leasing of vehicles with driver permits residing in the territory of the same region or in the case of a forced heir of the assignor in the case of death, retirement or disability of the holder of the authorization.
First final provision. Skill-related title.
This Royal Decree is issued under cover of the provisions of the articles 149.1.6. ª and 149.1.21. ª of the Constitution, which, respectively, attributable to the State competition on commercial law and inland transport which within the territory of more than one autonomous community.
Second final provision. Entry into force.
This Royal Decree shall enter into force the day following its publication in the "Official Gazette".
Given in Madrid on November 20, 2015.
The Minister of promotion, ANA MARÍA PASTOR JULIÁN