Vehicle reforms in Spain are regulated by Royal Decree 736/1988 of 8 July, which regulates the processing of major road vehicle reforms and the amendment of Article 252 of the Code of Circulation.

On 9 October 2007, Directive 2007 /46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers was adopted. Systems, components and separate technical units intended for such vehicles, which has been incorporated into the Spanish legal order by Order ITC/1620/2008 of 5 June, updating Annexes I and II to the Royal Decree 2028/1986 of 6 June on the rules for the application of certain EC Directives relating to the type-approval of motor vehicles, trailers, semi-trailers, motorcycles, mopeds and agricultural vehicles, as well as parts and parts of such vehicles.

Regardless of this incorporation, it is necessary to complete its transposition in order to adapt certain concepts and requirements of Royal Decree 736/1988, from July 8 to the provisions of Directive 2007 /46/EC of 5 September. In particular, the aforementioned royal decree allows for reforms in vehicles before their registration, while Directive 2007 /46/EC of 5 September does not allow for such an alternative procedure as is the case for such cases. Individual vehicle type-approval. In addition, the evolution of the technique and the experience resulting from the application of Royal Decree 736/1988, of 8 July, in the long time since its entry into force, make it very convenient to give a new regulation to the processing of the vehicle reforms.

Consequently, the object of this royal decree is to approve a new and complete regulation in this matter, proceeding to collect the practical experience of the application of the norm that is replaced and to integrate the technical evolution. In addition, the new regulation takes into account the rules of European Union law, in order to better ensure the conditions of active and passive safety of vehicles and their behaviour with regard to environmental protection, as well as the need to improve the safety of vehicles. to collaborate in the defence of consumer rights.

According to the provisions of article 24.1.c) of Law 50/1997 of 27 November of the Government, the project has been the subject of the mandatory hearing procedure. This provision has also been subject to the procedure for information on technical regulations and regulations relating to the services of the information society provided for in Directive 98 /34/EC of the European Parliament and of the European Parliament. Council, of 22 June, as amended by Directive 98 /48/EC of 20 June, as well as Royal Decree 1337/1999 of 31 July, which incorporates these directives into the Spanish legal order.

This provision is made pursuant to Article 149.1.21 of the Spanish Constitution, which confers exclusive competence on the State in the field of traffic and movement of motor vehicles, which includes competition for the the determination of the technical conditions or requirements of the vehicles for their movement to be admitted.

In its virtue, on the proposal of the Minister of Industry, Tourism and Commerce and the Minister of the Interior, with the prior approval of the First Vice President and Minister of the Presidency, according to the State Council and previous deliberation of the Council of Ministers at its meeting on 2 July 2010,

DISPONGO:

Article 1. Object.

Constitutes the object of this royal decree the regulation of the procedure for the realization and processing of the reforms carried out in vehicles after its definitive registration in Spain in order to guarantee that after the the technical requirements for their circulation continue to be met.

Article 2. Scope.

1. This royal decree will apply to all vehicles definitively registered and light trailers (category O1) authorised to circulate.

2. This royal decree will not apply to vehicles before their final registration. Modifications made to vehicles prior to their final registration shall be included in the type-approval or processed through the individual approval procedure.

Article 3. Definitions.

For the purposes set out in this royal decree, it is understood by:

1. Type-approval: Procedure by which a Member State certifies that a type of vehicle, system, component or separate technical unit complies with the relevant administrative provisions and technical requirements.

2. National type-approval: Type-approval procedure established by the national legislation of a Member State; the validity of such approval is limited to the territory of that Member State.

3. EC type-approval: Procedure by which a Member State certifies that a type of vehicle, system, component or separate technical unit complies with the relevant administrative provisions and technical requirements of the Directives 2007 /46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems and components and separate technical units intended for those vehicles; 2003 /37/EC of the European Parliament and of the Council of 26 May 2003 on the approval of agricultural or forestry tractors, their trailers and their interchangeable towed machinery, as well as the systems, components and technical units of such vehicles, and repealing Directive 74 /150/EEC; 2002 /24/EC of the European Parliament and of the Council of 18 March 2002 on the approval of two-and three-wheel motor vehicles and repealing Council Directive 92/61/EEC and the regulatory acts listed in the Annexes to the the above Directives.

4. Individual approval: A procedure whereby a Member State certifies that a particular vehicle, whether unique or not, complies with the administrative provisions and technical requirements laid down in the applicable legislation.

5. Multi-stage type-approval: Procedure by which an incomplete or completed type of vehicle complies with the relevant administrative provisions and technical requirements laid down in the applicable legislation.

6. Base vehicle: Any vehicle used in the initial stage of a multi-stage type-approval process.

7. Incomplete vehicle: Any vehicle that must pass at least for one more phase to be completed and meet the relevant technical requirements as set out in the applicable legislation.

8. Completed vehicle: The vehicle, product of the multi-phase type-approval procedure, which complies with the technical requirements laid down in the applicable legislation.

9. Full vehicle: Any vehicle that does not need to be completed to meet the relevant technical requirements as set out in the applicable legislation.

10. Regulatory acts: A particular Directive, a Regulation (EC) or a UN/ECE Regulation annexed to the Revised 1958 Agreement concerning the adoption of technical prescriptions for wheeled vehicles, equipment and parts which may be fitted and/or use in wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these requirements.

11. Manufacturer: The person or body responsible to the approval authority for all aspects of the approval or approval process and for ensuring conformity of production. It is not essential for the person or body to participate directly in all stages of the manufacture of a vehicle, system, component or separate technical unit subject to the approval process.

12. Manufacturer's representative: Any natural or legal person established in the European Union, duly appointed by the manufacturer to represent him to the competent authorities and to act on his behalf. Where reference is made to the term 'manufacturer', it is to be understood that both the manufacturer and his representative are indicated.

13. Approval authority: The authority with competence in all aspects of the approval of a vehicle type, system, component or separate technical unit or individual approval of a vehicle, of the authorisation process, of the issue and, where appropriate, the withdrawal of approval certificates, as well as to act as a contact point for the approval authorities of the other Member States, to designate the technical services and to ensure that the manufacturer complies its obligations on the conformity of production. Currently, Ministry of Industry, Tourism and Trade.

14. Technical service: The entity designated by the approval authority as a laboratory for conducting approval tests or as a conformity assessment entity to carry out the initial inspection and other tests or inspections in the name of the approval authority, where it is possible for the competent body itself to carry out those functions.

15. Technical service of reforms: The entity designated by the Spanish approval authority as a laboratory to carry out reports of the reforms typified in this royal decree and, where appropriate, the tests provided for in the acts regulatory affected by the reform/s.

16. Workshop: Entity duly registered in the official registration of repair shops of vehicles. In Spain, special register of repair shops for motor vehicles and their equipment and components, regulated by the applicable regulations. For the purposes of this royal decree, the facilities of the vehicle manufacturers will also have the consideration of workshop when they intervene in the execution of the reforms in the field to be determined in the Registry of manufacturers and firms approved by the Ministry of Industry, Tourism and Trade.

17. Vehicle Technical Inspection Station (ITV): The facilities for the material performance of the technical inspections which, in accordance with the General Regulation of Vehicles, approved by Royal Decree 2822/1998 of 23 December 1998, and other applicable rules, must be made in vehicles and their components and accessories, and which are enabled by the competent authority of the Autonomous Community of the territory in which they are located.

18. Vehicle reform: Any modification, replacement, performance, incorporation or deletion made in a vehicle after its registration and in light trailers after being authorised to circulate, which either changes some of the characteristics of the same, or is liable to alter the applicable regulations contained in Royal Decree 2028/1986, of 6 June. This term includes any actions that involve any modification of the data contained in the vehicle's ITV card.

19. Vehicle: All motor vehicles and their trailers, including special vehicles.

20. Manual of Vehicle Reforms: Document prepared by the Ministry of Industry, Tourism and Trade in collaboration with the competent bodies of ITV of the Autonomous Communities, which establishes the descriptions of the reforms typified, their coding and the precise documentation for their processing. This manual will be available for consultation by applicants for a reform at all ITV stations. The manual shall be updated when the classification of the regulatory reforms or the regulatory criteria for vehicles, both at national and European Union level, is modified.

21. Vehicle of the same category or type: Those vehicles which do not differ in respect of which they are to be considered as different categories or type, as defined in Directives 2007 /46/EC, 2003 /37/EC or 2002 /24/EC, or in the royal decree of national type-approval.

22. Functional assembly: A set of systems, parts or parts authorised by the approval authority, intended to fulfil a given function in one or more vehicles of the same or different types or categories and affecting one or more of them functions of those listed in Annex I to this Royal Decree.

23. Technical project: A set of documents, drawn up by a competent technician, which aims to define and assess the characteristics of a product, work or installation, which are required according to its purpose or destination.

24. Final certification of work: The act by which in the form of a document the conformity is given by a technician of the works and/or installations carried out according to the project.

25. Workshop Certificate: The document that credits the execution of a particular performance of a workshop on a given vehicle.

Article 4. Classification of reforms.

Vehicle reforms are listed in Annex I.

Article 5. General requirements.

1. The regulatory compliance with which the reformed vehicle is required is the one indicated in the vehicle reform manual.

2. The rules to be complied with for the processing of vehicle reforms are derived from that referred to in column 3 of Annex I to Royal Decree 2028/1986 of 6 June 1986, accepting as an alternative the option indicated in column 4. of the same Annex and, where applicable, in the Spanish type-approval regulation.

In the vehicle reform manual, the regulatory acts that may be affected by the reform are indicated for each reform.

3. Compliance with the rules to be enforced shall be demonstrated by means of a report, as set out in Annex II, issued by a technical service designated for vehicle reforms, or by the vehicle manufacturer, registered in the register of approved signatures of manufacturers of the approval authority, in which it shall be stated that the reformed vehicle, as requested, complies with the requirements of the regulatory acts which are applicable in accordance with the reforms established in the Annex I and the vehicle reform manual. Where the conformity report is issued by the manufacturer for completed vehicles, this report shall be based on another report issued by the previous stage manufacturer/s when the processing carried out affects systems, components or Independent technical units.

In the event that the reform involves a change of category of the vehicle, the cited report shall include the relationship of the approval documentation of the regulatory acts whose compliance is required for the new category. In the case where the reformation/s result in another approved vehicle, it shall be sufficient for the reform applicant to obtain from the manufacturer a certification certifying that it is certified. In the case where the conformity report is issued by the vehicle manufacturer, this certification may be included in that report.

Where the issuer of the report of conformity considers it necessary to base its report on another issued by the technical service designated for the approval tests of the regulatory acts concerned, it shall put it into knowledge of the person concerned who is required to provide the requested information or reports as a condition for the submission of the report in accordance with Annex II.

Article 6. Authorization of functional sets.

1. The manufacturer of the functional assembly wishing to obtain the authorisation shall submit to the approval authority a copy of the following documentation:

a) Request for authorization.

(b) Characteristics sheet describing the functional assembly and the regulatory acts concerned, including the installation, sealed by a technical service competent for type-approval in Spain.

(c) Test act of the functional assembly and its installation issued by a technical service competent for approval in Spain.

2. The approval authority shall resolve and notify within six months of the entry in the register of all documentation which, for each case, is established in this royal decree. After the maximum period without having been notified, the application shall be deemed to be rejected in accordance with the provisions of Article 43.1 of Law No 30/1992 of 26 November 1992 on the Legal Regime of the Public Administrations and of Joint Administrative Procedure and Article 61 of the Royal Decree 339/1990 of 2 March 1990 on the text of the Law on Traffic, Motor Vehicle Circulation and Road Safety.

3. These authorisations shall be communicated to the bodies of the autonomous communities competent for the technical inspection of vehicles, together with the technical documentation referred to above.

Article 7. Processing and documentation.

1. Vehicle reforms may be requested by the holder of the vehicle or by the person authorised by the vehicle.

2. If a vehicle modification involves several of the vehicle reforms listed in Annex I at the same time, its processing shall require compliance with the requirements laid down for each vehicle in the vehicle reform manual.

3. The processing of vehicle reforms may require all or any of the following documents:

a) Detailed technical project of the reform to be carried out and final certification of the work in which it is indicated that the same has been carried out according to the established in that plan, both signed by technical qualified. The work certificate shall contain an express statement of the workshop and the date on which the workshop was carried out. This technical project must be submitted to the issuer of the compliance report.

(b) Compliance report according to Annex II issued by the designated reform technical service or alternatively by the vehicle manufacturer.

(c) Certificate of the workshop where the reform was carried out, as modelled in Annex III, of the correct implementation of the reform.

4. Where they are issued by the manufacturer, the conformity reports referred to in paragraph (b) above shall be made only by persons expressly authorised by the manufacturers for this purpose.

5. For each type of vehicle reform, the documentation to be submitted to the competent authorities of the Administration in the field of roadworthiness tests (ITV), the processing and the specific requirements required shall be the indicated in the vehicle reform manual.

6. In the case of correspondence of the reformed vehicle with an approved type, the reform may be carried out without providing the provisions of paragraph 3 (a) of this Article.

7. In the case of a reform covered by a functional assembly authorised by the approval authority, the compliance with paragraph (a) shall not be required and the vehicle shall be inspected in accordance with Article 8 of this royal decree.

Article 8. Technical inspections.

1. The holder of the vehicle, or person by the authorized person, to whom a reform has been carried out, is obliged to submit the same to technical inspection within the maximum period of 15 days, providing the documentation as determined in the manual of vehicle reforms. The scope of the inspection shall be the one defined by the vehicle reform manual and the inspection procedure manual of the ITV stations shall be used in its implementation.

2. The authority responsible for ITV shall carry out the inspection of the reformed vehicle, on the basis of the scope referred to in paragraph 1, in order to verify the correct implementation of the reform and whether the reform has changed the conditions required to circulate on public roads.

3. If the result of the planned inspection is favourable, the competent authority shall take the ITV card or, where appropriate, issue a new one.

4. If the result of the inspection is unfavourable or negative, the provisions of Royal Decree 2042/1994 of 14 October 1994 governing the technical inspection of vehicles shall apply where appropriate.

5. If the reformed vehicle has been registered in a province other than that in which the reform is authorised, the authority of the competent authority which has authorised it, in addition to acting in accordance with paragraphs 2 and 3 of this Regulation. It shall forward to the competent authority of the autonomous community of registration a copy of the diligence referred to in paragraph 3, with facsimile of the new frame number, if appropriate, for the record of the vehicle.

The organ of the competent administration shall communicate it to the Head of Traffic in its province as provided by Royal Decree 2042/1994 of 14 October.

Article 9. Requirements for the technical services of reforms.

1. The approval authority may designate the technical services for vehicle reforms.

For designation, the entities concerned shall request it from the approval authority, providing certification of the technical competence through accreditation by the National Accreditation Entity (ENAC), in accordance with the requirements set out in UNE EN ISO/IEC 17020:2004 General criteria for the operation of different types of bodies performing the inspection.

The required tests must be performed by a laboratory that meets the requirements set out in the UNE EN ISO/IEC 17025:2005 conformity assessment. General requirements for the competence of test and calibration laboratories or an approval technical service.

2. Technical approval services may request the designation as a technical service of reforms by providing the approval authority with the documentation demonstrating technical competence with the UNE EN ISO/IEC 17020:2004 standard.

3. The application and the documentation referred to in the preceding paragraphs of this Article may be submitted in accordance with the provisions of Article 38 of Law No 30/1992 of 26 November 1992 on the Legal Regime of the General Administration and the Common Administrative Procedure. Applications may also be processed by electronic means, in accordance with Law 11/2007, of 22 June, on the electronic access of citizens to Public Services.

Article 10. Sanctioning regime.

1. Failure to comply with the provisions of this royal decree shall be punishable under the rules of infringement and penalties provided for in Title V of Law 21/1992 of 16 July 1992 on Industry, without prejudice to the provisions of the next section.

2. Where the non-compliance with the provisions of this royal decree constitutes an infringement established in the recast text of the General Law of Consumers and Users and other complementary laws, approved by Royal Decree Legislative 1/2007, On 16 November and in Royal Decree 1945/1983 of 22 June 1983 on the rules governing infringements and penalties in respect of the defence of the consumer and agri-food production, it shall be sanctioned in accordance with the provisions of that text. recast and royal decree.

First transient disposition. Period in which the laboratories of reforms designated prior to the entry into force of this royal decree may continue to issue reports.

As long as the designation of the technical services of reforms referred to in Article 9 is not produced, the laboratories of reforms designated for the entry into force of this royal decree, for a maximum period of one year from that date, they may extend the reports referred to in Article 7.3.b) by virtue of Article 13 of Law 21/1992 of 16 July 1992 on Industry.

Second transient disposition. Initial carriage of the vehicles.

The initial carriage referred to in Annex 11 to Royal Decree 2140/1985 of 9 October 1985 laying down rules on the type-approval of types of motor vehicles, trailers and semi-trailers as well as parts and parts of such vehicles, may continue to be carried out in accordance with Royal Decree 736/1988 of 8 July 1988, up to the dates of compulsory type-approval for the types of vehicles already in existence specified in the last column of Annex XIX of the Directive 2007 /46/EC of 5 September 2007.

Transitional provision third. Reforms before registration.

Vehicles with Spanish type-approval, up to the date on which they are required to correspond to types approved under Directive 2007 /46/EC of 5 September 2007, may be reformed before registration, following the procedure set out in this royal decree.

Transitional disposition fourth. Reforms of widespread importance.

Reforms of general importance in vehicles that have been authorized in accordance with the requirements established prior to the entry into force of this royal decree and which have not been legalized only may be made within two years from that date.

Transient disposition fifth. Reforms of new typing.

The vehicles that would have been reformed as such in this royal decree and not previously considered as reform should be legalized by administrative diligence before the body. The competent authority of the autonomous community concerned, who shall make the entry on the ITV card, for which they shall have a period of six months. After this period, they must be legalized in accordance with the procedure laid down by this royal decree.

Single repeal provision. Regulatory repeal.

The provisions of the same or lower rank are repealed with the provisions of this royal decree and, in particular, the Royal Decree 736/1988 of 8 July, which regulates the processing of the the importance of road vehicles and the amendment of Article 252 of the Circulation Code.

Final disposition first. Competence title.

This royal decree is dictated by the article 149.1.21ª of the Spanish Constitution, which attributes to the State exclusive competence in the field of traffic and movement of motor vehicles.

Final disposition second. Amendment of Royal Decree 2822/1998 of 23 December 1998 approving the General Regulation of Vehicles.

Article 7.2 of the General Regulation of Vehicles, approved by Royal Decree 2822/1998 of 23 December 1998, is worded as follows:

" 2. The holder of a motor vehicle, trailer or semi-trailer in which a major reform has been carried out shall be subject to regulation before the body of the competent administration in the field of industry.

The processing and regularisation of major reforms shall be in accordance with the rules set out in Annex I. "

Final disposition third. Authorization to modify the annexes of the royal decree.

The Minister of Industry, Tourism and Trade is hereby authorized to amend the annexes of this royal decree by ministerial order.

Final disposition fourth. Entry into force.

This royal decree will enter into force six months after its publication in the "Official Gazette of the State".

Given in Madrid, July 2, 2010.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

ATTACHMENT INDEX

Annex I. Tiification of vehicle reforms.

Annex II. Compliance report.

Annex III. Workshop certificate.

ANNEX I

Typing vehicle reforms

Vehicle reforms refer to the modifications made to the functions listed below and which, if applicable, will be developed as appropriate in the vehicle reform manual.

Vehicle reforms are considered modifications related to the following functions:

1. Identification.

2. Drive unit.

3. Transmission.

4. Axes.

5. Suspension.

6. Address.

7. Brakes.

8. Bodywork.

9. Lighting and signalling devices.

10. Joints between tractor vehicles and their trailers or semi-trailers.

11. Modifications of the data appearing on the ITV card.

ANNEX II

Compliance Report

The undersigned (s) ............................................................................ expressly authorized by: ...........................................................

INFORMA

The vehicle, mark ........................, type ............................, variant .................., trade name ..........................., approval passwords (*) ......................, registration ..............................., and with frame number .............................................., is technically suitable to be subjected to the consistent reform (s) in:

Typed/s with the Reform Code/s .......................

Technical or regulatory specifications:

Approval password or report number that guarantees compliance with the applicable regulations affected by the changes made to the vehicle.

	Regulations	Type-approval password or report that supports compliance.

The reformed vehicle complies with the regulatory acts that apply to the reforms listed in Annex I and in the vehicle reform manual and is in accordance with the requirements of safety and security to the environment.

And for this to be the case, for the appropriate purposes, he signed the present in ................................, to ..... of ....................................... of ..........

(*) If the vehicle does not have a password, this field will be filled with N.P.

ANNEX III

Workshop Certificate

D. ................................................................................., expressly authorized by the company ............................................, domiciled in ....................................................., province of ........................., Street .........................................................., n. º ......... telephone ........................, dedicated to the activity of ..................................., with n. º of industrial registration ..................... and special register number (1) ...........................

CERTIFIES

That the company has made the reform/s, and assumes responsibility for the execution, on the vehicle brand ......................., type ..................., variant ..............., commercial denomination .........................................., registration number ................................ and no. of frame ................................., according to:

The current regulations on vehicle reforms.

The vehicle manufacturer's standards applicable to the reformation/s carried out on that vehicle.

The technical project of the reform/s, attached to the case.

REMARKS:

............................................................... to ....... of ....................................... of ...........

Signature and seal

Fdo.: ...................................................

(1) In case the reform is carried out by a manufacturer it will be indicated N/A.