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Resolution Of June 23, 2010, Of The General Directorate Of Traffic, Which Creates And Regulates The Electronic Register At The Central Headquarters Of Traffic.

Original Language Title: Resolución de 23 de junio de 2010, de la Dirección General de Tráfico, por la que se crea y regula el Registro Electrónico en la Jefatura Central de Tráfico.

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TEXT

Law 11/2007, of 22 June, of Electronic Access of Citizens to Public Services, contains, in its articles 24, 25 and 26, a new regulation of electronic records, and Royal Decree 1671/2009, of 6 of November, for which the aforementioned Law is partially developed, regulates the conditions of its operation.

This Royal Decree, in its article 26, states that all the ministerial departments of the General Administration of the State, as well as its public bodies, must have an electronic registration service, or provided by another body or body, for the receipt and referral of applications, written and communications relating to the procedures and actions of their competence.

At present there is an Electronic Registry in the autonomous body of Central Traffic, created by the Resolution of 26 August 2007, of the General Directorate of Traffic, which has been the instrument for the submission of applications, written documents and documents addressed to the body by telematics.

Although the Law provides, in its unique transitional provision, that the telematic records existing at the entry into force of the Law will be considered electronic records, the best application of the forecasts contained in the Law as well as the incorporation of the most recent experience for the improvement of both the services provided to the citizens and the safety in the telematic relations with these, they advise to carry out a new regulation of the Electronic Registry of the autonomous body Head of Traffic.

The present resolution has been favourably informed by the Ministerial Committee on Electronic Administration as provided for in paragraph 1 (l) of the second paragraph of Order INT/3192/2008 of 4 November, regulates the composition and functions of the Commission.

In her virtue, with the prior approval of the First Vice President of the Government and Minister of the Presidency, I have:

CHAPTER I

General provisions

Article 1. Object and scope of application.

1. The purpose of this resolution is to create and regulate the electronic register of the autonomous body of the Central Command of Traffic (hereinafter the Electronic Register), for the reception and referral, by electronic means, of requests, written and communications, in the form provided for in article 24 of Law 11/2007, of 22 June, of Electronic Access of Citizens to Public Services, and in Royal Decree 1671/2009 of 6 November, for which the Cited Law.

2. The electronic register shall be for all the bodies of the autonomous body Head of Traffic.

Article 2. Electronic Record Address.

The access of the data subjects to the Electronic Registry will be available through the https://sede.dgt.gob.es address of the electronic headquarters of the autonomous agency Headquarters of Traffic.

Article 3. Responsibilities and competent bodies.

1. The management of the Electronic Registry corresponds to the General Directorate of Traffic, which will exercise it through the General Secretariat.

2. The approval and modification of the relationship of requests, written and standardised communications, corresponding to specific services, procedures and formalities, as provided for in Article 24 (2) (a) of Law 11/2007, of 22 June, corresponds to the General Secretariat.

3. The approval or modification of the forms for the applications, written and standardised communications, specifying the fields of the required completion and the criteria of congruence between the data entered in the The form corresponds to the General Secretariat.

The resolutions for the approval of these forms, regardless of the official publication that will be applicable to them, will be disclosed through the electronic headquarters of the autonomous agency Headquarters of Traffic.

4. It is for the General Administration of Management Regulations to agree on the formalities and actions for which the representation incorporated in the register of proxies is valid in Article 15 of Royal Decree 1671/2009 of 6 November 2009. subject to the rules for their operation. These agreements, regardless of the official publication that will result from them, will be made available through the electronic headquarters.

5. The Informatics Management will be responsible for the technological management and security of the Electronic Registry. It will have adequate organisational and technical means to ensure the provision of the Royal Decree 3/2010 of 8 January, which regulates the National Security Scheme.

6. Users assume, on an exclusive basis, the responsibility of the custody of the elements necessary for their authentication in the access to these services, the establishment of the precise connection and the use of the electronic signature, as well as the consequences that may arise from the improper, incorrect or negligent use of the same. It will also be the responsibility of the user to ensure the proper custody and handling of the files that are returned to him by the Electronic Registry as an acknowledgement of receipt.

Article 4. Calendar and official date and time.

1. The electronic register shall allow the submission of applications, written and communications during the 24 hours of the year, without prejudice to the interruptions provided for in Article 30.2 of Royal Decree 1671/2009 of 6 May 2009. November, when justified reasons for technical or operational maintenance, which shall be reported in the register itself and in the electronic seat, are met.

2. For appropriate purposes, the electronic seat shall show, in an equally visible place:

(a) The calendar of indeft days relating to its procedures and formalities, which shall be determined in the annual resolution published in the "Official State Gazette", by the Ministry of the Presidency, for the whole national territory.

b) The official date and time, which will be the date and time of the transaction in the Electronic Registry and whose timing will be performed according to the provisions of article 15 of the Royal Decree 4/2010, of January 8, by the the National Interoperability Scheme is regulated.

Article 5. Character of the communications through the Electronic Registry.

The submission of applications, writing and communications by means of the Electronic Register shall be voluntary, except as provided for in Article 27.6 of Law 11/2007 of 22 June and provided for in Articles 14.4 and 32.1 of Royal Decree 1671/2009, being an alternative to the use of the places mentioned in article 38.4 of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

CHAPTER II

Conditions for electronic submission of writings, requests, and communications

Article 6. Identity accreditation.

1. Applications, written and communications may be filed with the Electronic Registry by the interested parties or their representatives, in the terms defined in Articles 30 and following of Law 30/1992, of November 26.

2. The signatory of the document may accredit his identity to the Electronic Registry by electronic signature or through public officials entitled, by means of the procedure provided for in Article 22 of Law 11/2007, of June 22.

3. The electronic seat shall inform the systems of representation and authentication and signature usable for the submission of written documents to the Electronic Registry through its managing applications, with specification, if any, of the services, procedures and procedures to which they are applicable.

Article 7. Documents supported.

1. This Electronic Register shall be enabled only for the receipt and referral of written, requests and communications which are submitted by electronic means with respect to the formalities and procedures included in the Annex or the version which is updated at any time in the electronic address of access along with the corresponding standard models for each case.

2. Any application, written, communication or documentation submitted to the Electronic Registry not related to the formalities and procedures referred to in the previous paragraph shall be sent to the persons, organs or units to which it is addressed. the same, in the terms provided for in article 24.2.b) of Law 11/2007, of 22 June, of Electronic Access of Citizens to Public Services, and in Royal Decree 1671/2009, of November 6, which partially develops the aforementioned Law.

3. A generic form may also be located allowing applications, written and communications to be submitted to the various units of the autonomous body Head of Traffic not associated with standard procedures, which shall be referred to the persons, bodies or units to which they are addressed, in accordance with the terms set out in the preceding paragraph.

4. The Electronic Registry may reject electronic documents in any of the circumstances provided for in Article 29.1 of Royal Decree 1671/2009 of 6 November 2009 in the form set out therein. Where appropriate, the notification to the sender shall be made in accordance with the provisions laid down therein.

Article 8. Supplemental documentation.

All submission of applications, writing and communications may be incorporated as supplementary documentation:

(a) Electronic documents that meet the technical requirements of Chapter III.

(b) Documents which are not available in electronic form and which, by their nature, are not liable to contribute using the digitised copy procedure provided for in Article 35.2 of Law 11/2007 of 22 June 2007, may be incorporated through the means provided for in Article 38.4 of Law 30/1992 of 26 November, within 10 days of the submission of the corresponding electronic form. Failure to comply with this time limit for the provision of supplementary documentation may give rise to its requirement in accordance with Article 71 of Law No 30/1992 of 26 November.

c) Whenever electronic documents are submitted separately to the main form, the person concerned must mention the individual registration number or code allowing the identification of the file in which the has to have effects.

Article 9. Acknowledgement of receipt.

Upon receipt of a request, written or communication, the Electronic Registry shall automatically issue a signed receipt electronically, which may be printed, in which the data provided by the data subject shall be recorded, the date and time at which such presentation occurred, the entry registration number and other content in accordance with Article 30.3 of Royal Decree 1671/2009 of 6 November 2009.

The acknowledgement of receipt shall indicate that the acknowledgement does not prejudge the final admission of the document if any of the reasons for rejection contained therein are present.

Article 10. Computation of deadlines.

The calculation of time limits shall be carried out in accordance with paragraphs 3, 4 and 5 of Article 26 of Law 11/2007 of 22 June.

CHAPTER III

Technical requirements for information technologies

Article 11. General conditions.

The technical requirements set forth in this Chapter are considered to be related to the processing of information and communications in respect of the Electronic Registry.

A summary of the particular rules and protocols arising out of this provision shall be published at all times in the electronic seat of the autonomous agency Head of Traffic.

Article 12. Electronic signature.

1. The autonomous agency Jefatura Central de Traffic, in the electronic relations with the users of this Electronic Registry, will admit the electronic signature systems that are in conformity with the provisions of the article 10 of the Royal Decree 1671/2009, dated November 6.

2. In accordance with the provisions of the above paragraph, the certificates included in the national electronic identity document shall be accepted, in accordance with the provisions of Article 15 of Law 59/2003 of 19 December of the European Union. Electronic, and Royal Decree 1553/2005 of 23 December 2005, which regulates the issue of the national identity card and its electronic signature certificates.

3. Information on the relationship of other certification service providers and types of electronic certificates to be covered by electronic signatures shall be available at the electronic headquarters of the autonomous body Head of Traffic. whose certificates are considered to be valid for electronic signature purposes supported by the Electronic Register.

Article 13. Interoperability and security.

The Electronic Register will have the appropriate organizational and technical means to ensure interoperability and safety, as provided for in Royal Decree 3/2010 of 8 January, and in Royal Decree 4/2010, of 8 of January.

Article 14. Accessibility.

The design of the Electronic Registry will observe the accessibility requirements provided for in Royal Decree 1494/2007 of 12 November, which approves the Regulation on the basic conditions for the access of persons with disabilities to technologies, products and services related to the information society and social media.

Article 15. Technical conditions of electronic documents admitted by the Electronic Registry.

The formats of electronic documents and electronic images of documents will be established in the framework of the National Interoperability Scheme. According to the available computer tools and communication channels, the maximum extension of the complementary documents to be submitted in one session may be limited.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, the provisions of this resolution and, in particular, the Resolution of 26 August 2007, of the General Directorate of Traffic, for which a register is created, are hereby repealed. electronic at the Central Traffic Headquarters.

Single end disposition. Entry into force.

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

Madrid, June 23, 2010. -Director General of Traffic, Pere Navarro Olivella.

ANNEX

Formalities and procedures included in the scope of the Electronic Registry of the autonomous body Head of Traffic

Getting permission and driving license

Referral of the application and input of the documentation necessary for obtaining the driving licence and license.

Extension of permit or driving license validity

Referral of the application and input of the documentation necessary for the extension of the permit or the driving license.

Vehicle Registry Reports

Obtaining the information contained in the Vehicle Registry for a particular vehicle.

Definitive vehicle low

The vehicle's final discharge procedure through Authorized Vehicle Treatment Centers at the end of its lifetime.

Payment of penalties

Procedure for payment of Internet traffic penalties.