One of the problems of public transport by road is the high age of a good part of the operators of micro-enterprises, who normally have the same management as employers. autonomous, with the driving of the vehicle with which they provide their services. Bearing in mind that this problem is partly due to the fact that these people often lack the necessary resources to be able to abandon this activity, it is considered appropriate to continue granting aid in order to facilitate its withdrawal. Currently, Order FOM/3539/2007 of 16 November establishes the regulatory basis for the granting of aid to promote the cessation of the activity of persons over the age of 60. By virtue of the provisions of that order, the beneficiaries of the aid were persons between 60 and 60 and five years of age engaged in the activity of public transport of goods by road and passengers by bus with one or two persons. vehicles. In June 2008, the General Administration of the State has agreed with the National Committee on Road Transport to make some changes to the regulatory basis for such aid, having taken cognizance of this Agreement. Ministers, calling on the Ministry of Public Works to implement them. Among the amendments introduced, the extension of the scope of the aid is highlighted, in such a way that it reaches the age of 58, without a higher age limit and the self-employed with three vehicles. While the amendments described above only concern some of the provisions of that Order, for reasons of clarity, it has been decided to replace it in full by this provision. The National Council for Land Transport, the National Committee for Road Transport and the competent transport bodies of the Autonomous Communities and the cities of Ceuta and the European Community have been heard in the course of this order. Melilla. In its virtue, according to the provisions of Law 38/2003, of 17 November, General of grants and in its Rules of Procedure, approved by Royal Decree 887/2006, of 21 July, I have:

Article 1. Object.

purpose of this order is to lay down the rules governing the granting of aid to promote the abandonment of the profession of elderly hauliers in the public transport sector by road.

Article 2. Applicable rules.

The subsidies regulated in this order will be governed, as not provided for in this order, by the general provisions for aid and public subsidies in Law 38/2003, of 17 November, General of Grants and in its Regulation adopted by Royal Decree 887/2006 of 21 July.

Article 3. General requirements of the beneficiaries.

1. Persons in whom one of the following conditions is present may not obtain the status of a beneficiary: (a) Have been sentenced by a final judgment to the penalty of loss of the possibility of obtaining grants or public aid.

(b) Haber has applied for the declaration of contest, has been declared insolvent in any proceedings, found in contest, is subject to judicial intervention or has been disabled according to Law 22/2003, of 9 July, Concours, without the end of the period of disablement fixed in the judgment of qualification of the contest. (c) The final decision of any contract concluded with the Administration, due to the fact that they were found guilty, has been given. d) Be involved in any of the assumptions of Law 5/2006, of April 10, of regulation of conflicts of interest of the members of the Government and other high offices of the General Administration of the State, of Law 53/1984, of December 26, incompatibilities of staff at the service of the Public Administrations, or dealt with any of the elective posts regulated in the Organic Law 5/1985 of 19 June of the general electoral system, in the terms established in the same or in the autonomous rules governing these materials.e) Not to be brought into line with respect to the tax obligations or social security obligations. (f) To have the tax residence in a country or territory that is regulated as a tax haven. (g) Not to be subject to the payment of payment obligations for reimbursement of subsidies. h) Have been sanctioned by firm resolution with the loss of the possibility of obtaining grants as provided for in the General Law of Grants or in the Tax General Law.

2. Without prejudice to the faculty of the Subdirectorate General for the Management and Analysis of Transports by Road to demand the presentation of other documents and the possibility of crediting it through judicial testimony or administrative document, the justification for not being in breach of the prohibitions laid down in the preceding number shall be made by means of a responsible declaration issued to the administrative or notary authority, except in the case of the prohibition contained in paragraph e); require the submission of administrative certification.

Article 4. Requirements related to carrier activity.

The granting of such aid shall be conditional upon the beneficiaries ' compliance, on the date of filing of the application, with the following requirements: (a) Having an age of fifty-eight years or more or declared an absolute permanent incapacity.

(b) To be a holder, at the time of the application for a valid public transport authorisation for goods or passengers by bus with a maximum of three copies, or at the same time of both authorisations with a maximum total of three copies. In no case shall an authorisation which has at least one copy in force be considered in force. (c) have been the holder of one of the authorizations referred to in the preceding paragraph, with a maximum of three copies, without interruption during the last 10 years, or both of them with a maximum of three copies. Such authorisation may not have been suspended at any time, with at least one copy in force. However, a single interruption in the ownership or validity of the authorisation shall be permitted for a period not exceeding three months. For these purposes, it shall be understood that the authorisations expired due to a lack of visa which are rehabilitated at the time of submission of the application have been in force. Public transport authorisations for goods at national, regional or local level for vehicles with their own traction capacity, including those of the TD class, to which the beneficiary was a holder before 16 April 2007, shall be shall be counted as copies of the same authorisation. The same treatment shall have the authorisations of an autonomous area which have been validated in accordance with the transitional provision of the first order of Order FOM/734/2007 of 20 March for the development of the Regulation of the Law of Land Transport in the field of authorisations for the carriage of goods by road. Public transport authorisations for passengers by bus at national, regional or local level referred to as a specific vehicle for which the beneficiary was a holder before 1 July 1998 shall be counted as copies of the same vehicle. authorisation. Where a public transport authorisation for goods of a limited scope has been converted into an autonomous authorisation and, subsequently, once again on the basis of a limited scope, it shall be deemed to be the same at all times. authorisation. (d) to be discharged into the system of self-employed Social Security workers for the last ten years without interruption, with only one interruption for a period not exceeding three months. In the case of applicants who are affected by an absolute permanent incapacity, the 10-year period shall be counted from the date of recognition. (e) to undertake to abandon the activity of public transport on its own behalf, proceeding to the waiver of all the authorisations for which it was a holder, obliging itself to return the aid obtained and the corresponding interest in the event of restart it. (f) Not to have taken advantage of other aid for the abandonment of the activity that would have been granted to him by the Ministry of Public Works in the previous three years, for having renounced them or not having provided the necessary documentation for their recovery.

Article 5. Applications.

1. Persons wishing to obtain the grants must apply in writing, in accordance with the model set out in Annex I of this order, to the Director-General for Transport by Road of the Ministry of Public Works, which will be be accompanied by the documents listed in Annex II, which demonstrate compliance with the requirements necessary for the granting of the aid requested. The time limit for the submission of applications shall be one month from the day following that of the publication of the call in the Official Gazette of the State.

Applications may be filed directly in the General Register of the Ministry of Public Works (Paseo de la Castellana, 67; 28071 Madrid) or through any of the forms provided for in the legislation of the procedure administrative. 2. In addition to the documents expressly specified in the annexes of this order, the petitioners of the grants may accompany their application with any other consideration that they may serve to justify it. 3. In receipt of the request with the appropriate documentation, the Subdirectorate General for the Management and Analysis of the Transports by Road may require the person concerned to, within ten days, unless expressly granted another (a) further, the deficiencies noted or the documentation and information deemed necessary for the proper resolution of the procedure shall be remedied, provided that, if it does not do so, it shall be given the withdrawal of its application.

Article 6. Call and procedure.

The procedure for granting grants will be initiated by means of a call approved by the Director General for Road Transport, by delegation of the Minister of Public Works, to be published in the Official Journal of the State. ' The call may specify the way in which compliance with the requirements laid down in this order can be established and rules for weighting the assessment criteria.

The procedure will be dealt with in competitive competition and the management and instruction will be carried out by the Subdirectorate General of Management and Analysis of the Road Transport. The assessment of applications shall be carried out by a valuation committee composed of three vowels appointed by the Deputy Director-General for the Management and Analysis of Transport by Road between the staff dependent on that Subdirectorate. General with head of service level or higher. The assessment committee shall formulate the motion for a resolution through the instructor. The file will be incorporated in the report of the Subdirectorate-General for the Management and Analysis of the Transports by Road, in which it is stated that, of the information in its possession, it is clear that the beneficiaries meet all the requirements.

Article 7. Assessment criteria.

1. The granting of such aid will have the following criteria: (a) The declaration of absolute permanent incapacity.

b) The higher age of the carriers that request them. c) The class of the authorizations, giving preference to the habilitators to carry out transport with any kind of vehicle and to the passengers by bus on the exclusively enabling ones to carry out goods with vehicles light. 2. The weighting of those criteria shall be carried out as follows:

First, preference will be given to those who have been declared an absolute permanent disability. As regards the other beneficiaries, a list shall be drawn up in descending order of age and holders of the enabling authorizations for the carriage of passengers by bus or goods with any kind of vehicle shall be taken into account one year of age for these purposes. The aid will be granted to those in the first place in the list of beneficiaries thus drawn up.

Article 8. Amounts.

The aid will be granted in accordance with the budgetary appropriations available for each financial year. The amounts for each beneficiary shall be as follows: (a) If the beneficiary has an age of less than sixty-five years, EUR 5,300 for every six full months which are missing for the age of sixty-five years. The calculation of the complete semesters shall be made as from 1 June of the year in which the aid is granted. Beneficiaries who have been declared an absolute permanent incapacity shall not receive any amount for this purpose, irrespective of their age.

b) By the authorisation or public transport authorisations of the holder, EUR 30,000.

Article 9. Grant.

The aid will be granted by way of a resolution of the Director General of Transport by Road, adopted by delegation of the Minister of Public Works. The decision shall be motivated by reference to the assessment criteria and to their weighting, shall contain the ratio of beneficiaries who have obtained the grant and the amount corresponding to each one and shall indicate, in an express manner, that the remainder of the applications have been rejected. Such a decision shall be published in the "Official State Gazette".

Without prejudice to the foregoing, which will involve the termination of the procedure, the General Subdirectorate for Road Transport Management and Analysis will individually require those who have been granted beneficiaries to provide the necessary documentation for the payment of the grant. The time limit for resolving and publishing the decision shall be six months from the date of publication of the notice, after that time limit without the decision being published, the persons concerned may understand their application. The decision of the Director-General for Road Transport shall put an end to the administrative procedure and the persons concerned may bring an appeal for replacement or, directly, administrative disputes.

Article 10. Requirements for payment.

In order to recover the aid granted, the abandonment of the activity must be credited, with the following requirements: (a) The beneficiary must give up all public transport authorizations that it is holder, whatever his or her class, crediting his or her discharge for the exercise of the activity of the carrier.

(b) It shall be formally committed to permanently abandon the exercise of the transport activity as an employer, as well as, where appropriate, not to provide its training or, where appropriate, professional training to another transport company. (c) If he is a valid driving licence holder for a vehicle of more than 3,500 kilograms of maximum authorized mass and/or bus, he must resign from the corresponding Traffic Head. The beneficiaries shall provide the documentation referred to in Annex III of this order before 1 July of the year in which the aid is granted, unless a different time limit has been set in the decision to grant the aid. Failure to provide such documentation within the prescribed period shall have no effect on the decision to grant.

Article 11. Checks and obligations of beneficiaries.

Before the payment of the grants will be verified that in the General Register of Carriers and Companies of Auxiliary and Complementary Activities of the Transport has been recorded the discharge of the authorization or authorizations and has been made, where appropriate, the corresponding entry in relation to the beneficiary's professional training or training, in order to prevent them from being able to contribute to another transport undertaking.

The beneficiaries of the grants will be obliged to provide, at all times, how much information is required by the Court of Auditors and by the Directorate-General for Road Transport, for the purposes of monitoring the grants awarded.

Article 12. Compatibility of the aid.

The aid covered in this order shall be compatible with any other aid granted by other departments, governments or public or private, national or international authorities.

Article 13. Default.

Without prejudice to the following subparagraph, the total of the amounts received and the interest for late payment from the time of payment of the subsidy shall be recovered in the cases where the beneficiary obtain without meeting the conditions required for the grant or payment or breach the purpose for which it was granted or the conditions imposed by reason of the concession. The amounts to be reintegrated will have the consideration of income from public law.

Failure to comply with the obligation to give up driving licences for heavy goods vehicles or buses, or their subsequent procurement having given up, shall give rise to the reimbursement of the quantities obtained under the semesters which the carrier is missing to meet the age of sixty-five years.

Additional disposition first. Delegation of powers.

The Director-General for Road Transport is delegated the competence to call for the provision of the regulated aid in this order and to resolve the reimbursement procedures.

Additional provision second. Single-person public transport companies.

They may be beneficiaries of the aid provided for in this order by carriers of goods or passengers by bus which, together with the other requirements laid down in this order, have constituted a commercial company. (a) one person who is the holder of the authorisation for the public transport of goods or passengers by bus, the beneficiary being the sole member. These circumstances must be documented and, where possible, by certification of the trade register.

Single repeal provision. Repeal.

Order FOM/3539/2007 of 16 November is hereby repealed and the regulatory bases for the granting of aid to autonomous road hauliers who leave the activity are approved.

Final disposition first. Competence title.

This order is dictated by the provisions of Rule 21 of Article 149.1 of the Constitution which confers on the State competence in the field of land transport.

Final disposition second. Application.

The Director General of Road Transport is empowered to take the necessary measures for the implementation of this order.

Final disposition third. Entry into force.

This order will take effect the day following your publication in the "Official State Bulletin".

Madrid, 23 July 2008. -Minister for Development, Magdalena Álvarez Arza.

ANNEX I Request Model

Don/Dona, with national identity document number, and with address in the locality of, province of ......................................, street, postal code ................................, telephone.

Exposes: That in the light of the Order of 23 July 2008, by which the regulatory bases of the granting of aid to autonomous road hauliers that leave the activity are approved, considering that the requirements, as shown in the documents attached, and with the express acceptance of all the terms of the said call.

Requests: The granting of the corresponding grant for abandonment of the activity of carrier waiving all public transport authorizations that it is incumbent.

(Place, date and signature of the applicant.)

Mr. Director General of Road Transport.

ANNEX II Complementary documentation to the application

Along with the request the petitioner must provide the following documentation:

1. Photocopy of the DNI or authorization to the Directorate General of Transport by Road to carry out the verification of the identity data.

2. Certification issued by the corresponding Tax Agency, accredited to be aware of the tax obligations or authorization to the Directorate General of Transport by Road to collect it. 3. Certification issued by the Social Security Territorial Treasury, accredited to be current in the payment of the fees. 4. Certification issued by the competent authority of the corresponding Autonomous Community of the Autonomous Community of having been the holder for the last ten years, without interruption, of the authorization or authorizations referred to in Article 4 (c). 5. Photocopy photocopy of the driving licence or responsible statement indicating that he is not the holder of the driving licence. 6. Certificate or work-life report that accredit to have been high in the Autonomous Social Security workers ' regime for the past ten years. 7. In the case provided for in the additional Disposition second, certification of the Commercial Register and the documentation that is necessary to prove that the beneficiary is the only partner and the other required requirements. 8. Where appropriate, document supporting the declaration of absolute permanent incapacity. 9. A responsible declaration, issued before administrative or notary authority, of not being in any of the prohibitions referred to in Article 3 (1). What is credited by judicial testimony or administrative document shall not be included in the declaration.

ANNEX III Supporting activity abandonment documentation

Documentation to contribute once the grant has been granted, so that the payment can be made:

1. Responsible declaration committing to the definitive abandonment of the activity of public transport as an entrepreneur.

2. If applicable, a responsible statement committing not to use the title or professional qualifications in another transport company. 3. Certificate of discharge of the authorization or authorizations issued by the corresponding Autonomous Community, in which the renunciation of the future exercise of the activity is specified as a reason for the discharge. 4. In case of holder of the corresponding driving licence, proof of the final waiver of the valid driving licence for goods vehicles of more than 3,500 kilograms of maximum authorised mass and/or buses or Certified photocopy of the new driving licence.