Order Fom / 3539/2007 Of 16 November, Which Establishes The Rules For Granting Aid To Autonomous Road Hauliers Leaving The Activity Are Approved.

Original Language Title: ORDEN FOM/3539/2007, de 16 de noviembre, por la que se aprueban las bases reguladoras de la concesión de ayudas a transportistas autónomos por carretera que abandonen la actividad.

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One of the repercussions affecting public road transport is the high age of much of the owners of micro transport normally simultanean address these, as independent entrepreneurs, with driving the vehicle providing its services. Given, in part, that this problem is that these people often lack the resources necessary to abandon that activity, is considered appropriate to continue to provide assistance to facilitate its removal.
Currently, the Order FOM / 3944/2005, of 9 December, establishes the regulatory bases for granting aid to encourage the cessation of activity of people over sixty years. Under the provisions of this order, the beneficiaries of the aid are over sixty years dedicated to the activity of public transport of goods by road and bus travelers.
According to the regulatory bases, one of the criteria taken into account when granting aid is the kind of authorization or authorizations that beneficiaries are entitled. Because the Order FOM / 734/2007 of 20 March, approving the Regulation of the Law on Land Transport on authorizations transport of goods by road, develops modified classes authorizations freight, it is necessary to revise the Order FOM / 3944/2005 to adapt to the new rates.
While the modifications described only affect certain provisions of the said Order FOM / 3944/2005, for reasons of clarity has been chosen to replace it entirely by this provision.
Consequently, in accordance with the provisions of Law 38/2003 of November 17, General Grant and its Regulations, approved by Royal Decree 887/2006 of 21 July, I have:

Article 1. Purpose.

This order is to establish the rules for granting aid to promote abandonment of the profession of elderly carriers of the public road transport sector.

Article 2. Rules applicable.

The subsidies regulated by this Order shall be governed, not provided for in it, so the general provisions for aid and subsidies in the Law 38/2003 of November 17, General Grant and its Regulations approved by Royal Decree 887/2006 of 21 July.

Article 3. General requirements for beneficiaries.

1. Not be able to obtain the status of beneficiary people who either of the following circumstances:
a) have been convicted by final penalty to loss of the possibility of obtaining subsidies or public aid statement.

B) have filed for bankruptcy, having been declared insolvent in any procedure, be declared insolvent, be subject to judicial intervention or have been disqualified pursuant to Law 22/2003, of July 9, Insolvency, without it has completed the disqualification period established in the judgment qualifying competition.
C) have resulted, because of which they had been convicted, the firm resolution of any contract with the Administration.
D) Be incursas in any of the cases of Law 5/2006 of 10 April, regulating conflicts of interest of members of the Government and other senior officials of the State Administration of Act 53 / 1984 of 26 December on incompatibilities of staff working for the government, or treated in any of the elective positions regulated by the Organic Law 5/1985 of 19 June, the general electoral system, under the terms established in the same or regional regulations governing these matters.
E) not being up to date in meeting tax obligations or against Social Security.
F) Have tax residence in a country or territory classified as a tax haven.
G) not being up to date payment obligations for reimbursement of subsidies.
H) have been sanctioned by a final decision with the loss of the possibility of obtaining grants as provided in the General Subsidies Act or the General Tax Law.

2. Without prejudice to the power of the General Department of Management and Analysis of Road Transport to require the production of documents and the possibility of credit it by judicial testimony or administrative document, justification does not fall within the prohibitions in previous number shall be made by responsible statement issued before administrative authority or notary, except in the case of the prohibition contained in paragraph e) require the submission of administrative certification.

Article 4. Requirements related to the activity of carrier.

The granting of this aid will be conditioned on compliance by the beneficiaries, on the date of filing of the application, the following requirements:
a) Have an age greater than or equal to sixty years and less than sixty-five , considering that no aid shall be granted if the June 1 of the year in which it is requested it is less than six months to comply sixty-five years.

B) hold, at the time of application of an existing authorization of public transport of goods or passengers by bus with a maximum of two copies, or both authorizations simultaneously with a single copy of each. In no case it shall be in force an authorization which did not have at least one copy into force.
C) Having been holder, continuously for the last ten years, one of the authorizations referred to in the preceding paragraph, with a maximum of two copies, or both with a copy of each. Such authorization may not have been suspended at any time, with at least one copy into force. It is permitted, however, only interruption in ownership or validity of the authorization for a period not exceeding one month. It is understood, for this purpose, which have been in force authorizations expired for lack of visa are rehabilitated at the time of submission of the application.
Authorizations freight transport at national, regional or local capacity for self vehicle traction, including the TD class, it was held by the beneficiary prior to April 16, 2007, they are calculated as copies of a single authorization. The same treatment shall authorizations autonomous regions which have been validated according to the first transitional provision of Order FOM / 734/2007 of 20 March, approving the Regulation of the Law on Land Transport develops authorizations concerning transport of goods by road.
Authorizations public passenger transport by bus from national, regional or local level regarding that particular vehicle owner was the recipient prior to July 1, 1998, they shall be counted as copies of the same authorization.
During the past ten years, beneficiaries may have held other authorizations other than those mentioned public transport, but will only be allowed have held three copies of authorizations for the classes indicated once and for a period does not exceed one month.
When a public authority freight limited scope had become autonomous authorization and then again in authorization of limited scope, be treated as if it were at all times of the same authorization.
D) be discharged in the regime of self-employed Social Security the last ten years continuously, allowing only one interruption for a period not exceeding one month.
E) Committing to leave the public transport activity in its own name, proceeding to the resignation of all authorizations that they own, forcing himself to repay the aid and interest obtained if restart.
F) No other aid squandering the abandonment of the activity that had been granted by the Ministry of Development in the previous three years, having renounced them or failing to provide the necessary documents for collection.

Article 5. Requests.

1. Persons wishing to obtain grants should apply in writing in accordance with the model set out in Appendix I of this order, I addressed to the Director General of Road Transport Ministry of Development, to be accompanied by the documents listed in Annex II, certifying compliance with the requirements for the granting of the aid requested. The deadline for submission of applications is one month from the day following the publication of the notice in the "Official Gazette" day.

Applications may be submitted directly to the General Registry of the Ministry of Public Works (Paseo de la Castellana, 67, 28071 Madrid) or through any of the forms provided in the legislation of administrative procedure.
2. In addition to the documents expressly identified in the Annexes to this order, the petitioners grants may accompany your application with few others consider that can serve to justify it.
3. Receipt of the request with the corresponding documentation, the General Department of Management and Analysis of Road Transport may require the person concerned to ensure that, within ten days, unless you expressly grant greater, remedy the deficiencies or provide the documentation and information deemed necessary for the proper resolution of the procedure, indicating that if this is not done, you shall be withdrawn from your application.

Article 6. Convocation and procedure.

The procedure for granting of subsidies will start by convening approved by the Director General of Road Transport, delegated by the Minister of Development, to be published in the "Official Gazette". The call can specify how to demonstrate compliance with the requirements of this order and establish rules for weighting the evaluation criteria.

The proceedings shall be conducted on a competitive basis and the management and instruction will be conducted by the General Department of Management and Analysis of Road Transport. The evaluation of applications will be conducted by an evaluation committee, composed of three members appointed by the Assistant Director-General for Management and Analysis of Road Transport between the dependent personnel of the General Sub-level department head or higher.

Article 7. Endpoints.

1. In the granting of the aid the following evaluation criteria will be taken:
a) The older the carriers applying.

B) The class of authorizations, with preference given to the enabling transport for any kind of vehicle and bus passenger on enabling exclusively for transporting goods with light vehicles.

2. The weighting of these criteria will be conducted as follows:

A list of possible beneficiaries will be developed in descending order of age and holders of qualifying authorizations for passenger transport by bus or goods with any kind of vehicle are calculated a year old for these purposes. Grants will be provided to those who occupy the top places in the list of beneficiaries and elaborate.

Article 8. Sums.

Grants will be provided in accordance with the budget appropriations available each year. The amounts for each beneficiary shall be:
a) In all cases, 5,300 euros for every six full months that the carrier missing him to fulfill the age of sixty-five. The computation of the full semesters will be from June 1 for the year for which the aid is requested.

B) If the authorization holder of public passenger transport by bus, 30,000 euros.
C) If holder of an authorization enabling public transport goods transport for any kind of vehicle 30,000 euros.
D) If authorization holder exclusively public transport enabling transport goods for light vehicles, 15,000 euros if at least one copy was referring to a vehicle over 3,500 kg maximum authorized mass before 1 October 2005, and 12,000 euros otherwise.

Those who are holders two different sections included in authorizations will be granted only the highest amount of the two that may correspond in accordance with the above rules.

Article 9. Granting

The aid they will be granted by order of the Director General of Road Transport adopted by delegation of the Minister of Public Works. The resolution will be motivated, referring to the evaluation criteria and their weighting will contain the list of beneficiaries who obtained the grant and match each and indicate amount, expressly, that the rest of the applications have been rejected . This resolution will be published in the "Official Gazette".

Notwithstanding the foregoing, which will involve the completion of the procedure, the General Department of Management and Analysis of Road Transport individually require that beneficiaries have proven to provide the necessary documentation for payment of the subsidy.
The deadline to resolve and publish the resolution shall be six months from the date of publication of the call, after this period no resolution has been published, interested parties may understand dismissed their application.
The decision of the Director General of Road Transport will end the administrative and against the interested parties may make a discretionary appeal for reinstatement or, directly, administrative litigation.

Article 10. Requirements for payment.

To proceed with the recovery of the aid granted must demonstrate cessation of activity, fulfilling the following requirements:
a) The beneficiary must give up all authorizations for public transport which is the holder, whatever their class , certifying its low for waiver of the exercise of the activity of carrier.

B) must formally commit to definitively abandon the exercise of the transport activity as a trader, and, where appropriate, not to provide training or, where appropriate, professional training to another transport company .
C) Should be a holder of valid driving license for vehicles over 3,500 kg. Of maximum authorized mass and / or bus you should give it up at the Headquarters of corresponding Traffic.

The beneficiaries must provide the documentation listed in Annex III of this order before September 1 of the year in question, unless the award decision has set a different period. Such documentation is not provided within the specified period shall terminate the award decision.

Article 11. Checks and obligations of beneficiaries.

Before paying subsidies will be checked in the General Register of Transport and Business Activities Auxiliary and Complementary Transport has scored low authorization or authorizations and has been made, where appropriate, the corresponding entry in related to professional training or beneficiary, to prevent can be furnished to another transport company.

The grant recipients are required to provide, at all times, as much information as they required by the Court of Auditors and the General Directorate of Road Transport, for control purposes of subsidies granted.

Article 12. Compatibility of aid.

The aid regulated by this Order shall be compatible with any others granted by other departments, administrations or public or private, national or international bodies.

Article 13. Failure.

Without prejudice to the next paragraph, it shall reimburse the total of the amounts received and the requirement of default interest from the time of payment of the subsidy, in cases where the beneficiary obtains without meeting the conditions for the granting or payment or fails to fulfill the purpose for which it was granted or the conditions imposed on the occasion of the award. The amounts to be refunded will be considered public revenue.

The breach of the duty to waive driving licenses for heavy goods vehicle or bus, or having renounced their subsequent acquisition, we will reimburse the amounts obtained under the carrier were missing semesters him to meet age sixty-five years.

First additional provision. Delegation of powers.

Is delegated to the Director General of Road Transport competition for the call for aid governed by this order and to resolve reimbursement procedures.

Second additional provision. sole proprietorships passenger transport.

May be beneficiaries of the aid provided in this order those carriers of passengers by bus to meeting the other requirements of this order, have constituted between January 1, 1997 and July 1, 1998, a corporation sole which is the holder of the authorization of public passenger transport by bus beneficiary being the sole shareholder. These circumstances must be credited and documented, whenever possible, by certification of the commercial register.

Single derogatory provision. Abrogation.

Order FOM / 3944/2005 is repealed on December 9 amending the rules for granting aid to autonomous road hauliers leaving the activity are approved.

First final provision. Application.

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

Second final provision. Entry into force.

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

Madrid, 16 November 2007.- The Minister of Development, Magdalena Álvarez Arza.


Model Application

Don / Dona ......................................................................................................, with national identity card number ............................................ ., and domiciled in the town of ......................................... ........................., province of ...................... ..................., Street ............................. ......................, Postal Code ......................... ...., phone ............................................ ...........

Speaker: That in view of the Order FOM /.../ 2007 of November ........ laying down the rules for granting aid to independent carriers are approved by road abandon the activity, considering that meets the requirements, as shown in the documents attached, and express acceptance of all the terms of this call.

Seek: The awarding of the grant by abandoning carrier activity renouncing all public transport authorizations which they hold.

(Place, date and signature.)

Mr. Director General of Road Transport.

ANNEX II Additional documentation to the request

Along with the application the applicant shall submit the following documents:

1. certified photocopy of ID card or authorization to the Directorate General of Road Transport for the verification of the identity data.

2. Certificate issued by the relevant tax office, attesting to keep abreast of tax obligations or authorization to the Directorate General of Road Transport to collect it.
3. Certification issued by the Territorial Treasury of the Social Security accrediting be current in the payment of dues.
4. Certification issued by the competent body of the Autonomous Community corresponding accrediting have held for the past ten years uninterruptedly, authorization or authorizations referred to in Article 4 a).
5. certified photocopy of the driving license or responsible statement indicated that is not holder.
6. Certificate or report stating working life have been high in the regime of self-employed Social Security during the last ten years continued.
7. Certified copy of the authorization or authorizations transport effect for which assistance is requested.
8. In the case provided for in the additional provision of the Companies Registry certification and documentation that is necessary to establish that the beneficiary is the sole member and the other requirements.
9. responsible declaration, granted before administrative authority or notary, of not being subject to any of the prohibitions in the number 1 of Article 3. What is accredited by judicial testimony or administrative document shall not be included in the declaration.


Proof of cessation of activity

Documents to be submitted once granted the subsidy, so that payment can be made:

1. responsible declaration committing to permanent abandonment of public transport activity as a trader.

2. Where appropriate, responsible statement agreeing not to use the title or titles of professional training in another carrier.
3. Low certificate of authorization or authorizations issued by the Autonomous Community, which is specified as a reason for the low foregoing future conduct of business.
4. If they hold a relevant driving license, proof of the definitive renunciation valid driving license for freight vehicles over 3,500 kg. maximum authorized mass and / or buses or certified copy of the new driving license.

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