The Regulation of the Land Transport Management Act, approved by Royal Decree 1211/1990 of 28 September, was developed, in the field of authorizations for the carriage of goods by road, by the Order of the Ministry of Public Works of 24 August 1999.

Later, the aforementioned regulation has been amended by Royal Decree 1225/2006 of 27 October, which requires that the criteria contained in the aforementioned Order be reviewed.

Thus, a new ministerial order regulating the legal system of the authorizations for the carriage of goods by road, the content of which is adapted to the new legal framework defined by the modification of the Regulation of the Law on the Management of Land Transports and take into account both the changes experienced in the commercial and social field in which the activity of transport takes place, as well as various criteria for modernization the business sector concerned and the easing of the conditions under which it operates.

The process already started with the aforementioned Order of the year 1999 is continuing to approximate the conditions required for access to the transport market, whatever the characteristics of the activity it intends to to develop the carrier and its scope of action. In this sense, the national scope is universalized for all the authorizations of the transport of goods and the scope and content of the requirements that are necessary for the obtaining of the different modalities of public and private complementary transport authorisations.

This line of progress towards the equalization of market access conditions, insofar as the nature of the activities intended to be developed so permits, implies that the Order which is now approved should not be This is considered to be a further step within a continuous process. Thus, after a period of no more than three years since its entry into force, the effects on the market of the changes which are now being introduced into the legal system of the transport authorizations of the Member States will be analysed. goods, in order to assess the appropriateness of giving the same treatment to all of them irrespective of the carrying capacity of the authorised undertaking or of the vehicles it intends to use.

In its virtue, according to the authorization contained in the 11th additional provision of the Regulations of the Law of Land Transport Management, I have:

CHAPTER I

Common provisions for public transport and private supplementary transport authorizations for goods

Article 1. Object and scope of application.

The purpose of this Order is to establish the legal system for obtaining and using the authorizations for the transport of goods, in the development of what is stated in the Regulation of the Law on the Management of Goods. Land Transport, approved by Royal Decree 1211/1990 of 28 September (hereinafter ROTT).

Article 2. Required authorization.

In accordance with the provisions of Article 109 of the ROTT, in order to carry out the transport of goods, whether public or private, the prior obtaining by the persons intending to take them to of the corresponding administrative authority that you enable for your provision.

Article 3. Exceptions to the enforcement of authorization.

1. The authorization required in the previous article will not be required to perform the following transports:

(a) Private private transport as defined in Article 156 of the ROTT.

(b) Public or private transport carried out on vehicles of less than 3 wheels.

(c) Supplementary private transport to be carried out on vehicles up to and including 3,5 tonnes of maximum authorised mass.

(d) Public transport carried out on vehicles up to and including two tonnes of maximum authorised mass. The said maximum authorised mass may be amended by the Ministry of Public Works, in general, or only for vehicles of certain characteristics, without in any case being more than 3.5 tonnes.

(e) Supplementary public and private transport which are carried out in full in closed enclosures engaged in activities other than land transport, except in cases where, in the case of special circumstances the transport of the area, the competent authority of the transport administration, by means of a reasoned decision and a report of the National Committee on Road Transport, expressly lays down the obligation to authorization.

f) Official transport.

g) Additional private transport by agricultural tractors.

(h) Transport of luggage in trailers carried by vehicles intended for passengers.

i) Transport services performed on specially equipped vehicles for this purpose.

j) Transport of waste and filth carried out on specially conditioned vehicles for this purpose or which, in any case, would have been acquired for this purpose by the relevant Local Entity.

k) Transport of precious money, values and goods, made in specially conditioned vehicles for this purpose.

(l) Transport of medicinal products, medical equipment and equipment, and other necessary items in cases of emergency aid, and in particular of natural disasters.

2. Vehicles permanently attached to machinery or instruments, such as those intended for generators, lifting cranes, survey equipment, etc., constituting such machines or instruments, the exclusive use of the vehicle, not need to be covered by a class transport authorisation, without prejudice to those which, where appropriate, come in accordance with the provisions of the legislation on traffic, movement and road safety by reason of the weight or the dimensions of the vehicle.

Article 4. Documentation of the authorizations.

The authorizations regulated in this Order will be documented through the issue of the corresponding transport cards, specifying the number of the authorization, their ownership, domicile and other circumstances of the activity to be determined by the Directorate-General for Road Transport.

A certified copy of the transport authorisation shall be issued for each of the vehicles available to the approved undertaking. This copy shall specify, in addition to the data in the authorization, the registration of the vehicle to which it is specifically referred and other circumstances relating to the vehicle which, if necessary, determines the Directorate-General for Transport by Road.

The copy of the authorization referred to each vehicle must be carried on board of the vehicle whenever it is carried out.

Public transport authorizations that enable only light vehicle transport, as well as certified copies, will be documented on cards identified by the MDL key and those that do not present such limitation on cards identified by the MDP key. Complementary private transport authorisations and their copies will be documented on cards identified by the MPC key.

The variation of the data to be recorded on the transport cards will result in replacement by others whose specifications are adapted to the authorised modification.

The carrying out of the visa of the transport authorisation shall give rise to the issue of new cards, which shall replace those corresponding to the period immediately preceding it.

Article 5. Characteristics of the vehicles to which the copies of an authorisation are to be used.

1. Vehicles with which transport is carried out on the basis of the authorisations provided for in this Order shall in any event comply with the following requirements:

a) Have your own traction capability.

b) Being enrolled and enabled to circulate. To this end, only vehicles which are covered by the temporary permits and temporary plates covered by Chapter VI of Title IV of the General Regulation of Vehicles, approved by Royal Decree 2822/1998 of 23 December 1998, may be considered to be covered by this Regulation. comply with this requirement, where the relevant technical vehicle inspection has already passed and obtained the appropriate certificate.

(c) The last periodic technical inspection that is legally applicable to them is found.

2. Copies of a public transport authorisation may relate only to vehicles with which the holder of the authorisation is available under one of the following headings:

a) Property or usufruct.

b) Financial lease.

(c) Ordinary lease under the conditions laid down in Section 1 of Chapter IV of Title V of the ROTT (Articles 174 to 179) and in the rules that develop it.

Article 6. Scope of the authorizations.

Transportation authorizations granted under this Order enable transportation throughout the territory of the State, without limitation to its radius of action.

Article 7. Competence for granting authorizations.

The granting of public and private supplementary transport authorisations shall be carried out by the competent body for the reason of the place where they are to be domiciled, as provided for in this Order.

Article 8. The validity of the authorizations.

1. The public and private supplementary transport authorizations shall be granted without a fixed term of time, but their validity shall be conditional on the periodic verification of the maintenance of the conditions which originally justified their the granting and those which, although not initially required, are required to be enforced by the implementation of the relevant visa.

The visa will be held every two years by the competent authority to grant the authorization, as provided for in this Order and in accordance with the timetable determined by the Directorate-General for Road Transport.

2. In addition to the periodic visa, the Administration may verify, at any time, the proper fulfilment of the conditions which gave rise to the granting of the authorisations or which constitute requirements for its validity, obtaining from its holder the supporting documentation that it considers relevant.

CHAPTER II

Public transport authorization regime

Article 9. Address of the authorities.

1. Public transport authorisations shall, as a general rule, be domiciled in the place where the holder has his registered office.

Exceptionally, the authorisation may be domiciled in a different place where the holder of the authorisation has previously justified his principal activity as not the carriage of goods and which, as a result, has his registered office in the place in which it performs its main activity, although it has premises open to the public where it is requested to direct it, in which it intends to centralise the transport activity.

2. The change of domicile initially assigned to the authorization shall be conditional on the fact that the conditions laid down in the preceding number before the competent authority are justified by reason of the place where the new location.

Article 10. Requirements to be met by authorization holders.

The holders of public transport authorisations must comply with the following requirements at all times:

(a) To be a natural person, not being able to grant authorizations jointly to more than one person or to communities of property, or legal person, in this case, the form of a commercial company, a labor company or associated work cooperative.

(b) Having the nationality of a Member State of the European Union or of a non-Member State with which, pursuant to the provisions of the international treaties or conventions entered into by Spain, that requirement is not enforceable. Where there is no such circumstance, the holder of the authorization must have the authorization of permanent residence, or with an authorization of temporary residence and self-employment in force that is not limited to a a sector of activity other than that of transport or a specific geographical area, governed by the Organic Law 4/2000 of 11 January on the Rights and Freedoms of Foreigners in Spain and their social integration, and in their Rules of Procedure, approved by Royal Decree 2393/2004 of 30 December.

c) Meet the professional training requirement for the exercise of the freight activity.

d) Meet the requirement of good repute as provided for in this Order.

e) Dispose, at least, the economic capacity that is relevant in accordance with the provisions of this Order.

f) Fulfill the tax liability obligations set out in the current legislation.

g) Meet the labour and social obligations set out in the relevant legislation.

h) Dispose, at least, the minimum number of vehicles in each case corresponding to the requirements set out in this Order.

i) To provide, for at least 6 months of each calendar year, a number of drivers equal to or greater than 80% of the number of vehicles available to the company, the number of vehicles being rounded up by default Resulting drivers. However, where the number of the undertaking is less than one, the undertaking must have at least one driver. The drivers concerned must appear in the staff of the undertaking in a situation of discharge in the scheme corresponding to the social security scheme. Only drivers who are provided with appropriate driving licences may be taken into account for the purposes referred to in this paragraph and shall be entitled to that level of vocational training or qualification which, if appropriate, is required for the exercise of the driver's activity.

Article 11. Accreditation of the legal personality and nationality of the company.

1. The accreditation of the requirements laid down in points (a) and (b) of the previous Article shall be carried out by the presentation of the national identity document in force of the holder of the authorization or, where he is foreign, of the document of identification which has equivalent effects in the country of origin or passport, which shall be accompanied by the corresponding identity card abroad and the authorisation of permanent residence or temporary residence and work by own account, and, in all cases, of the accreditation to be held in possession of the relevant tax identification number.

When the holder of the authorization is a legal person, he/she must present the document of incorporation and his/her tax identification card and credit his/her registration in the Mercantile Register or, if applicable, in the Register that corresponds.

2. The presentation of the documentation referred to in this Article shall not be required where the competent body has knowledge of the compliance with the ends to which it is referred through the General Register of Carriers and Companies Ancillary and Complementary Transport Activities.

Article 12. Compliance and accreditation of the professional training requirement.

1. In order to qualify as a professional training requirement for the exercise of the freight transport activity, at least one of the following two conditions shall be required:

(a) That, in the case of an individual undertaking, the natural person holding the authorisation is recognised as such.

(b) That, in the case of an associated company or cooperative, or an individual undertaking which does not fulfil the requirement through its holder, at least one of the persons effectively directing the undertaking is recognised as having such training.

The same person may not be able to train more than one company professionally at the same time, except in the case of companies whose capital is more than 50% owned by the same holder.

2. For the purposes referred to in point (b) of the preceding number, only one person shall be deemed to assume the effective management of the undertaking when it meets the following three requirements together:

(a) Having conferred general powers to represent the company in its own ordinary traffic operations, either exclusively or jointly or jointly or jointly with others, Registration or public document seizure.

b) Having vested funds available to the principal bank accounts of the company for the operations of its ordinary traffic, either exclusively or jointly or jointly with others.

(c) Be included in the workforce of the company, being discharged from the corresponding social security scheme as a management staff, or owning at least 15% of the company's capital.

When a single person is able to train different companies whose capital is more than 50 percent owned by the same holder, it is sufficient that they meet the requirement of this letter in one of those companies.

The requirements laid down in this letter shall not be required where the holder of the authorisation is a natural person and the effective management of the undertaking is borne by his or her spouse.

3. The requirements laid down in the preceding number 1 shall be furnished by the following documentation:

In the case referred to in point (a), the certificate of professional training for the activity of transport of goods, issued in favour of the holder of the authorisation,

As provided for in point (b), the certificate of training of one of the persons effectively directing the undertaking, which shall be accompanied by the following documents:

1. Registration Certificate or other public document in which it is credited that such person meets the requirement in point (a) of this article.

2. º Certification registration or other public document or certification of the corresponding banking entity in which it is credited that such person meets the requirement in point (b) of the number 2 of this article.

3. "Registration and discharge in the Social Security of that person," or "public document" or "certification" of their relationship to the company.

4. The presentation of the documentation referred to in this Article shall not be required, where the competent body has knowledge of the compliance with the ends to which it is referred through the General Register of Carriers and Companies of Ancillary and Complementary Transport Activities.

5. Where the competent authority finds, on the occasion of the completion of any administrative procedure, that the applicant company intends to fulfil the requirement of professional training through a person already listed in the Register General of Carriers and Companies of Auxiliary and Complementary Transport Activities training another company, will only access the requested if the documentation mentioned in the number 3 is accompanied by a statement responsible for the person in which you expressly desist from continuing to train the previous company.

In such a case, the competent body shall notify the undertaking that it has lost professional training that it has a maximum period of three months to justify, in the terms provided for in this Article, that it refulfils the requirement. After that period without the undertaking justifying it, it shall be carried out immediately in accordance with Article 43 of the ROTT.

Article 13. Compliance and accreditation of the requirement of good repute.

1. Persons in whom none of the following circumstances are not present shall be deemed to be of good repute:

(a) Have been convicted, by a firm sentence, of intentional crimes with a penalty equal to or greater than six months, as long as the criminal liability has not been extinguished.

(b) Having been sentenced, by final judgment, to the penalties of disqualification or suspension, unless they had been imposed as ancillary and the occupation of carrier was not directly related to the offence committed, during the time for which the penalty was imposed.

(c) Have been sanctioned by means of a decision terminating the administrative route by the commission of transport offences which, in accordance with the provisions of Article 38 of the ROTT, entail the loss of the requirement.

d) Very serious and repeated non-compliance with tax, labour, social security, road safety or environmental standards.

2. Where the holder of the authorisation is a legal person, compliance with the requirement of good repute shall be established in relation to each of the persons who, in an effective and permanent manner, run the undertaking.

3. Compliance with the condition referred to in point (c) of No 1 shall be verified by the competent body, by appropriate consultation to the General Register of Carriers and Companies of Auxiliary and Complementary Activities. of the Transport.

4. Compliance with the other conditions which determine the requirement of good repute shall be credited by a statement responsible for the holder of the authorization not to be in any of the circumstances referred to in paragraph 1. 1.

However, the competent administrative body may require the submission of a certificate of the absence of criminal liability which leads to the loss of the requirement of good repute, issued by the Registry General of Penados and Rebels in favour of the applicant, or equivalent document issued by his State of origin when the holder of the authorization was foreign.

However, the presentation of the documentation referred to in this paragraph shall not be required, where the competent body has knowledge of the compliance with the extremes to which it is referred through the General Register of Carriers and Companies of Auxiliary and Complementary Transport Activities.

Article 14. Compliance and accreditation of the economic capacity requirement.

1. It is only possible to understand that the undertaking holding the authorisation meets the economic capacity requirement when it meets the following conditions:

(a) Dispose of the minimum number of vehicles which, where appropriate, is relevant in accordance with the provisions of this Order.

(b) Dispose of a capital and reserves of at least EUR 9,000, where only one certified copy of the authorisation is available, to which EUR 5,000 more is added for each additional copy referred to a different vehicle.

2. Compliance with the requirement referred to in point (b) of the previous paragraph shall be demonstrated by the submission of the following documentation:

(a) Where the holder of the authorization is a natural person, the declaration or entry document of the Heritage Tax shall be submitted, the regulatory period of which shall have expired during the 12 months. immediately prior to the request date.

Only if the holder of the authorization is exempt from the obligation to file the declaration of that tax, he may substitute the aforementioned documentation for any of the following documents:

1. A certification issued by a legally recognized financial institution, accredited to the adequacy of its economic capacity.

2. A statement responsible for the applicant to comply with the requirement, which shall be accompanied, in any case, by other accounting, commercial or financial documents, supporting the possession of available assets, including, that the company may use as collateral and confirm such a statement.

(b) Where the holder of the authorisation is a legal person, one of the following documents shall be provided:

1. Company's inventory and annual accounts book.

2. º Copy of the balance sheet of the last financial year collected in the inventory book and annual accounts of the company.

3. Certification issued by the Secretary of the Board of Directors or equivalent body of the company, with the approval of its President, accrediting the contents of the notes relating to social capital and reserves is included in the balance sheet in the company's annual inventory and accounts, referred to in the last financial year.

3. The presentation of the documentation referred to in this Article shall not be required, where the competent body has knowledge of the compliance with the ends to which it is referred through the General Register of Carriers and Companies of Ancillary and Complementary Transport Activities.

Article 15. Accreditation of compliance with tax obligations.

1. For the purposes of this Order, only the holder of the authorisation shall be deemed to fulfil his tax obligations when the following circumstances are met:

a) Being discharged from the tax obligation census.

(b) You have submitted the statements for the Income Tax of the Physical or Company Persons, in the case of a person subject to one tax or other tax, as well as the corresponding declarations for payments fractional, to account and holds that in each case proceed.

c) To have submitted the periodic declarations for the Value Added Tax, as well as the annual summary statement.

(d) No debts to the State or the corresponding Autonomous Community in an executive period in relation to the taxes referred to in this issue. However, this requirement shall be deemed to be met where the debts are deferred, broken down or their suspension has been agreed upon when the corresponding liquidations are contested.

The circumstances referred to in points (b) and (c) relate to statements in respect of which the regulatory period for filing has expired in the 12 months preceding the date on which the fulfilment of the requirement is to be accredited.

2. The circumstances referred to in point (a) of the preceding number shall be credited by the presentation of the corresponding certification of the company's census status, issued by the State Tax Administration Agency, or the autonomous community which, where appropriate, fulfils the same functions, or, alternatively, copies of the corresponding census declaration of commencement or modification of activity.

The rest of the circumstances mentioned in the previous point will be credited by administrative certification issued by the competent body for the collection of the related taxes. However, the holder of the authorization may replace the certificate relating to the fulfilment of the circumstances referred to in points (b) and (c) of the preceding point by the material presentation of the supporting documents the corresponding discharge or declaration in relation to the above taxes.

The certification referred to in the preceding paragraph shall lose its credentiative value, for the purposes set out in this Order, after the expiry of the period of six months from the date of issue.

In those cases where the company would not have been required to submit the declarations or documents referred to in paragraph 1 of this Article during the period required, it shall be accredited by a declaration responsible.

3. The presentation of the documentation referred to in paragraph 2 shall not be required where the competent body is aware of the performance of the company's tax obligations through the General Register of Carriers and Companies Ancillary and Complementary Transport Activities.

Article 16. Accreditation of compliance with labour and social obligations.

1. For the purposes of this Order, the holder of the authorization shall be deemed to be aware of the performance of his employment and social obligations, when the following circumstances are present:

(a) Be enrolled in Social Security and, if applicable, if it is an individual, affiliated and high employer in the appropriate regime.

(b) Her discharged into the Social Security regime that corresponds to the workers who serve in your company.

(c) Having submitted the quotation documents corresponding to the Social Security contributions and, if applicable, the concepts of joint collection with the same, as well as those of the same as those with effect collection of data, corresponding to the 12 months preceding the date on which the fulfilment of the requirement is to be accredited.

d) To be current in the payment of quotas or other debts with Social Security. To this end, the undertaking shall be deemed to have become aware of its obligations to the social security system when the debts are deferred, broken down or its suspension has been agreed upon on the occasion of the challenge of such a decision. debts.

2. The circumstances referred to in the preceding paragraph shall be credited by means of administrative certification issued by the competent body in the field of social security. Such certification shall lose its credentiative value for the purposes of this Order after the expiry of the six-month period from the date of issue.

However, the holder of the authorisation may replace the certification relating to compliance with the circumstances referred to in points (a), (b) and (c) of paragraph 1 with the material presentation of the supporting documents. have made the corresponding registration, high or quote.

In those cases where the company would not have been required to submit the declarations or documents referred to in paragraph 1 for the period required, it shall be accredited by a responsible statement.

3. The presentation of the documentation referred to in paragraph 2 shall not be required where the competent body is aware of the performance of the company's labour and social obligations, through the General Register of Carriers and Companies from Auxiliary and Complementary Transport Activities.

Article 17. Accreditation of the provision of the vehicles concerned.

1. The provision of the vehicles to which the certified copies of an authorisation must relate shall be justified by the presentation of the movement permit and the technical inspection record on which the licence is valid. Legal periodical recognition or, failing that, accreditative certification of the latter end, taking into account that:

Only the circumstances provided for in Article 5.2 (a) or (b) shall be deemed to be given if the holder of the relevant movement permit agrees with the holder of the card in which the card is issued. authorization.

The circumstance referred to in Article 5.2 (c) shall be credited by the submission of the relevant lease of the vehicle in which the term of the vehicle shall be entered, the identification of the vehicle the leasing company and the data of the vehicle and of the relevant lease authorisation. When the lessor is not required to provide this kind of authorization, he/she must credit his/her registration with the Banco de España's Register of Financial Credit Facilities.

In cases where the requirement referred to in this Article should be credited for the application of a new certified copy of the authorization intended to be attached to a leased vehicle, it shall be sufficient to to submit a lease at the time of making such an application, and the effective formalisation of the contract shall be justified to the competent body within the period of the month following the actual formalisation of the contract.

2. The presentation of the documentation referred to in the previous paragraph shall not be required where the competent body has knowledge of the compliance with the extremes to which it is referred through the General Register of Carriers and Companies from Auxiliary and Complementary Transport Activities.

Article 18. Accreditation of the provision of the minimum number of drivers that is required.

1. The provision of the minimum number of drivers to be required in each case shall be credited through the same documentation to that specified in the article-16, which shall be accompanied by the relevant driving licences in force and, where appropriate, of the certificates of professional qualification of the drivers which are relevant.

As in other cases, the presentation of the aforementioned documentation will not be required when the competent body has knowledge of the performance of the company's labor and social obligations, through the General of Carriers and Companies of Auxiliary and Complementary Activities of Transport.

2. Where the competent authority finds, in the case of any administrative procedure or of an inspection, that the requirement laid down in Article 10 (i) is not complied with, it shall be carried out immediately in accordance with the provided for in Article 43 of the ROTT.

Article 19. Requirements for obtaining public transport authorisation.

1. Those who intend to obtain a new public transport authorisation must, together with the fulfilment of the other requirements referred to in Article 10, prove that they have at least the following vehicles in any of the arrangements provided for in Article 10. in points (a) and (b) of Article 5.2:

(a) Three vehicles, representing at least a payload capacity of 60 tonnes, if an enabling authorisation is requested to carry out transport with any type of vehicle. For the purposes set out here, the tractor heads shall be computed by their carrying capacity.

b) A vehicle, if an authorization is requested that is exclusively for transport with light vehicles.

Such vehicles may not exceed the maximum age of five months, counted from their first registration, at the time the application is made.

The applicant must also prove that at the time of the application, he has a number of drivers equivalent to the number of copies he requests along with the authorization.

2. Where the applicant for the new authorisation is a natural person, he shall, in addition, be accredited and independent of the modality through which he meets the requirement of professional training as provided for in Article 12, which counts with the appropriate certificate of professional training for the exercise of the activity of the transport of goods, issued in its name.

3. In no case shall a new authorisation be granted where the person concerned is the holder of another authorisation for the carriage of goods whose validity is, for any reason, suspended or in the period of rehabilitation after being expired due to a lack of visa, unless you previously renounce this.

4. The payment of financial penalties imposed by means of a decision terminating the administrative route for infringements of the transport legislation shall be a necessary condition for obtaining a public transport authorization from the Member State concerned. goods.

Article 20. Issue of new certified copies of the public transport authorisation.

1. In order to obtain new certified copies of a public transport authorization, the holder shall prove to the competent administrative authority that he has the vehicles to which they are to be assigned in any of the detailed rules in Article 5.2 and that its economic capacity is in line with the new number of copies.

You must also prove that, at the time of the request, you have a number of drivers equivalent to the number of copies of the authorization that the company will have after the extension.

New copies requested will only be issued when any of the following conditions are met:

(a) That the average age of the fleet already attached to the authorisation plus the new vehicles which are intended to be assigned does not exceed six years, or, if not, that each of the new vehicles does not exceed five months of age.

(b) The vehicles to which the new copies are intended to be referred are all those which up to that time are attached to copies of another authorisation for public or private supplementary transport, provided that they are the waiver of such authorisation by the holder of the authorisation, which is consequently cancelled.

No new copies shall be issued in any case, where the person concerned is the holder of other copies whose validity is, for any reason, suspended, unless he or she has previously resigned.

2. The payment of financial penalties imposed by means of a decision terminating the administrative route for infringements of the transport legislation shall be a prerequisite for obtaining new certified copies of an authorization to public transport of goods.

Article 21. Voluntary reduction of the number of certified copies of a public transport authorisation.

1. Holders of public transport authorisations may freely reduce the number of certified copies available to them, returning the competent body to those which do not require them.

2. However, those who have obtained a new authorization for the conduct of public transport with any kind of vehicle as referred to in Article 19 may at no time reduce the number of copies of the vehicle. they have, or their capacity to charge below 60 tonnes, until three years have elapsed since the initial issue of the authorisation by the Administration. If not, they shall lose that authorisation, which shall be revoked by the competent body after hearing the person concerned.

3. Where the Administration is aware that the vehicle referred to in the copy of a transport authorisation has ceased to be affected by the authorisation, without the holder having acted in accordance with paragraph 1, it shall proceed from the ex officio as provided for in Article 43 of the ROTT.

On the same terms, the Administration shall proceed with respect to any public transport authorization when it finds that none of its certified copies are related to a particular vehicle.

Article 22. Replacement of vehicles affected by certified copies of a public transport authorisation.

1. Vehicles referred to in the case of certified copies of a public transport authorisation may be replaced by others where the competent authority so authorises, by reference to the new vehicle. The replacement shall be subject to compliance with the following requirements:

(a) The replacement vehicle shall meet the requirements laid down in Article 5.

(b) The average age of the fleet assigned to the authorisation, taken into account the new vehicle and discounted to the one replaced, shall not exceed six years, or, if not, it shall not exceed that of the fleet present before substitution.

(c) Disengagement of the replaced vehicle with respect to the authorisation and the reference to the replacement vehicle shall be simultaneous.

2. Without prejudice to the provisions of the preceding number, until three years have elapsed since the granting of a new authorization in accordance with Article 19, the holder may only replace the vehicles attached to his copies. where the average age of the fleet attached to the authorisation, taken into account the new vehicle and discounted the replacement, does not exceed that which the fleet presented before the replacement.

3. By way of derogation from point (c) of paragraph 1, the competent authority may grant an exceptional period of time, never exceeding six months, to attach a new vehicle to one of the copies of its authorization to those who certify that the This has suffered a sinister that prevents it totally and definitely will continue to be used for the realization of the transport of goods.

4. The payment of financial penalties imposed by means of a decision terminating the administrative route for infringements of the transport legislation shall be a requirement for the replacement of the vehicle to be affected by a copy of the certified as a public transport authorisation for goods.

Article 23. Modification of the characteristics of the vehicles concerned to the certified copies of a public transport authorisation.

1. Where modifications are made to the characteristics of the vehicle to which a copy of a public transport authorisation is concerned, affecting its authorised maximum mass or load capacity, it shall be necessary to request the competent authority for the granting of the authorization to modify the data expressed on the card in which it is documented, in order to adapt it to the variation operated on the vehicle. The confirmation shall in any case be subordinate to the fact that the modification of the characteristics of the vehicle has been previously authorized by the competent authorities in the field of industry and traffic, which shall be justified by the presentation of the documentation provided for in Article 17.

2. The payment of financial penalties imposed by means of a decision terminating the administrative route, for infringements of the transport legislation, shall be a necessary condition for the modification of the vehicle's characteristics. affected a copy of a public transport authorisation for goods.

Article 24. Visa for public transport authorisations.

1. For the purposes of the approval of public transport authorisations, the holder shall, in accordance with the provisions of this Order, prove that the requirements laid down in points (c), (d), (e), (f), (g) and (h) of the Article 10, accompanying the relevant documentation of the cards in which the authorisation and its copies are documented. In addition to the above, compliance with the requirement referred to in point (b) of that Article shall be established where the holder of the authorization is a foreign national provided with the relevant residence permit. temporary.

The competent body may also require the justification of any other of the requirements set out in Article 10, where it considers it appropriate to verify compliance.

2. Authorizations that have not been endorsed in the period established for this purpose shall be deemed to be expired without the need for express revocation by the Administration.

Where only the requirement laid down in Article 10 (h) in relation to a given copy of the authorisation has ceased to be established, it shall be cancelled only, unless the reduction in this cause of the number of copies were the reason for the revocation of the authorisation for transport itself in accordance with Article 21, in which case the authorisation shall be deemed to have expired. However, where in this case the reason why the holder of the authorisation is unable to prove the availability of the appropriate number of vehicles is that one of the persons in question has suffered an accident which would have definitely disabled him for the performance of the activity, the competent authority may grant a maximum period of 6 months to provide a different time limit which meets the requirements for the replacement of vehicles, including the authorisation and the rest of its certified copies on a conditional basis. After this period of time the new vehicle has not been contributed, the corresponding copy shall be cancelled.

3. The payment of financial penalties imposed by means of a decision terminating the administrative route, for infringements of the transport legislation, shall be a necessary requirement for their visa.

4. Once the authorisation has been endorsed, the competent authority shall document it on a new card, in accordance with Article 4, and shall also issue the relevant certified copies of that card.

Article 25. Rehabilitation of expired authorizations due to lack of visa.

1. Public transport authorisations expired for lack of a visa may be rehabilitated by the body responsible for issuing it, if so requested, within a period of one year from the expiry of the period in which it was due. have completed the visa, and the required documentation is provided.

In no case may the rehabilitation of copies of an authorisation which has been individually cancelled as a result of the partial non-compliance with the requirements of the visa.

2. The payment of financial penalties imposed by means of a decision terminating the administrative route for infringements of the transport legislation shall be a necessary condition for the rehabilitation of a transport authorisation. public of expired goods due to lack of visa.

Article 26. Transmission of authorizations.

1. In accordance with Article 118 of the ROTT, public transport authorizations may be transmitted to other operators, provided that the Administration so permits, making the corresponding subjective novation in favour of the acquirers. Such subjective novation shall be conditional upon compliance with the following requirements:

(a) That the acquirer is not previously the holder of a transport authorisation equal to that which it intends to acquire and meets all the requirements laid down in Article 10, with the exception of the one referred to in point (h).

(b) Where, when the acquirer is a natural person, he is the holder of the corresponding certificate of professional training for the pursuit of the activity of the carrier, without prejudice to the method of those provided for in Article 12 through which your company meets the requirement of professional training.

(c) The acquirer expressly disclaims to rehabilitate any authorization for the carriage of goods from which it is a holder whose validity is, for any reason, suspended or in the period of rehabilitation after have been expired due to a lack of visa.

d) that the transferor is the holder of the authorization which it intends to transmit with an age of not less than ten years and that the number of copies in force of that which it possesses is not less than that which it was two years before the date on which it was The transmission is requested.

e) That the transferor expressly disclaims to rehabilitate any copy of the authorization that it intends to transmit that may be suspended for any cause.

(f) the acquirer shall, through any of the modalities provided for in Article 5.2, have access to all the vehicles to which the copies of the authorization were referred at the time of transmission; or or other other than meet the requirements to replace the previously attached.

2. The competent authority shall not authorise the transmission of a public transport authorisation of goods where it has official knowledge that the seizure has been carried out by a judicial or administrative body competent to do so, except in favour of the successful tenderer of such authorisation in the auction where, where appropriate, the lien has been concluded.

However, where the successful tenderer does not meet the requirements set out in the previous point, he may request that the subjective approval of the authorization be made in favour of a third party who does so. After a month from the date of the auction without the successful tenderer having applied for the approval of the authorization in his or her favor, the authorization shall be expired without the possibility of rehabilitation.

3. Payment of all pecuniary penalties imposed on the transferor by means of a decision terminating the administrative route for infringements of the transport legislation shall be a necessary requirement for the transmission of the authorisations of the public transport of goods.

Article 27. Special scheme for the transfer of authorisations to heirs.

1. In the event of the death of the holder of the authorisations, it may be carried out, even if the requirement laid down in Article 10 (a) is not met, his or her subjective novation in favour of their heirs together, for a maximum period of two years. After that period, or before the hereditary award is made, that requirement must be met, where such authorisations are revoked, otherwise.

2. The subjective novation of the authorization in favor of forced heirs, as defined in Article 807 of the Civil Code, may be carried out, even if they do not meet the requirement of professional training, in the cases of death, retirement by age or physical or legal incapacity of the holder, but the validity of the authorisations shall be conditional on the acquirers fulfilling the requirement of professional training within the maximum period of one year. Otherwise, the Administration will revoke the authorization.

However, the competent body may extend its validity for a further maximum of six months when, for duly justified extraordinary reasons, the training requirement has not been met. within the time limit laid down in the preceding paragraph.

3. Where subjective novation occurs in favour of forced heirs as a result of death, retirement by age or physical or legal incapacity of the holder of the authorisation, the requirements laid down in points (b) and (b) shall not be taken into account. d) of the previous article.

Article 28. Waiver of public transport authorizations.

The holder of a public transport authorization may waive it at any time, returning to the Administration the cards in which it and its certified copies are documented, which will be, consequently, cancelled.

However, the competent authority shall not cancel the authorization when it has official knowledge that its seizure has been carried out by a judicial or administrative body competent to do so, in which case it shall declare them suspended from trade.

CHAPTER III

Merchandise supplementary private transport authorizations scheme

Article 29. Address of the authorities.

Supplementary private transport authorisations must be domiciled in the place where the holder has his tax domicile.

Exceptionally, however, authorisations may be domiciled in a different place, where the holder of the authorisation has previously established that he has premises or facilities in which he carries out the part of his business. (a) the main relationship to which complementary transport is necessary.

Article 30. Requirements to be met by the holders of the authorizations.

The holders of the supplementary private transport authorisations for goods shall at all times comply with the following requirements:

(a) The undertaking shall be dedicated to a principal purpose other than that of the carriage of goods, which shall be accredited by the documentation provided for in Articles 11 and 15.1, (a).

(b) The undertaking must be aware of its tax, labour and social obligations, which shall be credited in accordance with Articles 15 and 16.

(c) The volume of transport authorised to the undertaking must be in accordance with the volume of goods acquired and produced by the undertaking, as well as the number of its customers and suppliers, and the competent body may, on the basis of of the data obtained, limit the number of copies of the authorisation and define the class of vehicles to which they must relate.

The transport needs of the company must be accredited by the presentation of supporting documentation of the ends mentioned in the previous paragraph.

(d) The company shall have the corresponding vehicles in the terms set out in this Order, which shall be credited in accordance with the provisions of Article 17.

e) The company must have, for at least 6 months of each calendar year, a number of drivers equal to or greater than 80% of the number of vehicles available to the company, rounding up by default to the unit the resulting number of drivers. However, where the number of the undertaking is less than one, the undertaking must have at least one driver. The drivers concerned must appear in the staff of the undertaking in a situation of discharge in the scheme corresponding to the social security scheme. Only drivers who are provided with appropriate driving licences may be taken into account for the purposes referred to in this paragraph and shall be entitled to that level of vocational training or qualification which, if appropriate, is required for the exercise of the driver's activity.

This requirement shall be credited in accordance with the provisions of Articles 16.1. b) and 18.

Article 31. Requirements for obtaining supplementary private transport authorization.

1. Those who intend to obtain a new supplementary private transport authorization must, together with the fulfilment of the rest of the requirements laid down in Article 30, have at least one of the procedures laid down in Article 30. provided for in Article 5 (2), the age of which is not more than five months after its first registration.

The applicant must also prove that at the time of the application, he has a number of drivers equivalent to the number of copies he requests along with the authorization.

2. In no case may a supplementary private transport authorisation be granted to the holder of a public transport.

3. The payment of financial penalties imposed by means of a decision terminating the administrative route for infringements of the transport legislation shall be a requirement for obtaining a private transport authorisation. complementary.

Article 32. Issue of new certified copies of the supplementary private transport authorisation.

1. In order to obtain new certified copies of a supplementary private transport authorization, the holder must prove to the competent administrative authority that the transport needs of his undertaking have grown in proportion to the (a) a fleet increase which, in accordance with Article 30 (c), is intended to be used, and which has the vehicles to be assigned in any of the procedures referred to in Article 5.2.

You must also prove that, at the time of the request, you have a number of drivers equivalent to the number of copies of the authorization that the company will have after the extension.

The new copies requested shall be issued only where the average age of the fleet already attached to the authorisation plus the new vehicles which are intended to be assigned does not exceed six years, or, if not, that each of the new vehicles does not exceed five months of seniority.

2. The payment of financial penalties imposed by means of a decision terminating the administrative route for infringements of the transport legislation shall be a prerequisite for obtaining new certified copies of an authorization to public transport of goods.

Article 33. Visa of the authorisations.

1. In order to carry out a visa for supplementary private transport authorisations, it shall be necessary to certify that the requirements laid down in Article 30 (b) and (d) are maintained.

The competent body may also require the accreditation of any other of the requirements set out in Article 30, where it considers it appropriate to verify compliance.

2. In the course of the visa, the same rules shall apply to those laid down in Article 24 (2), (3) and (4

.

Article 34. Rehabilitation of expired authorizations due to lack of visa.

Supplementary private transport authorisations expired due to a lack of a visa may be rehabilitated under the same conditions as those mentioned in the article-25.

Article 35. Replacement or modification of the technical characteristics of the vehicles concerned with the authorisations.

The replacement of vehicles affected by copies of a supplementary private transport authorisation shall be governed by the same rules as those referred to in Article 22.

The modification of the technical characteristics of vehicles to which copies of a supplementary private transport authorisation are referred to shall be governed by the same rules as those referred to in Article 23.

Article 36. Transmission of supplementary private transport authorisations.

Supplementary private transport authorisations may only be transmitted when this occurs as a result of the transmission of the undertaking to which they were previously affected.

The payment of financial penalties imposed by a decision terminating the administrative route for infringements of the transport legislation shall be a requirement for the transmission of a transport authorisation. Complementary private goods.

Article 37. Waiver of supplementary private transport authorizations.

The holder of a supplemental private transport authorization may waive or reduce the number of his copies at any time by returning to the Administration the cards in which they are documented.

Additional disposition first. Copies of transport authorizations referred to special vehicles.

In accordance with the provisions of Article 71 of the General Rules of Circulation for the implementation and development of the text of the Law on Traffic, Motor Vehicle Circulation and Road Safety, approved by Royal Decree 1428/2003 of 21 November, copies of transport authorizations referred to vehicles classified as special on their driving licence, shall only be provided for transport when they are accompanied by the special authorisation for movement laid down in Article 14 of the said Regulation; This is the case which must be expressly stated on the card in which the copy of the authorization in question is documented.

Additional provision second. Acquisition of new public transport authorisations by whom it was previously the holder of another authorisation.

Where the holder of an exclusively enabling public transport authorisation to carry out transport with light vehicles or a supplementary private transport authorisation acquires another public transport authorisation In order to carry out the activity with any kind of vehicle, either through the procedure provided for in Article 19 or from the point 26, copies of the newly acquired authorisation shall also be issued to the vehicles of which: previously, the authorization in which they were protected until that time was available and cancelled.

Where the holder of a supplementary private transport authorisation acquires a public transport exclusively enabling transport for light vehicles, copies of the public transport authorisation shall be issued only to the public transport authority. for those vehicles which were previously attached to that of complementary private transport which are light. The other vehicles which, where appropriate, are attached to the latter authorisation shall be, as a result, not authorised to carry out transport.

Additional provision third. Mixed transport vehicles.

As from the entry into force of this Order mixed transport vehicles may be attached to copies of goods transport authorizations of the category corresponding to their characteristics and the nature of the transport you intend to perform.

No new mixed complementary private transport authorisations will be granted, as well as no mixed public transport unless, in this second case, the applicant was previously the holder of a municipal licence to self-taxi.

The holders of public transport authorisations for goods which, where appropriate, have any of their copies referred to a mixed vehicle, shall in no case be entitled to any amount of goods for the purpose of persons travelling to on board the vehicle.

Additional provision fourth. Crane-cranes specially equipped for the trawling of damaged vehicles.

In the calculation of the number of drivers to be made available to the company, for the purposes of compliance with the provisions of Article 10 (i) and Article 30 (e), as well as for obtaining new authorisations or new certified copies of an authorisation shall not be taken into account for copies in respect of which the holder of the authorisation is concerned with specially conditioned crane vehicles for the transport and trawling of damaged vehicles.

First transient disposition. Validation of public transport authorizations.

1. Public transport authorisations relating to specific vehicles which currently hold each undertaking shall be automatically validated in a single authorisation referred to the undertaking.

This validation will be performed according to the following criteria:

1. Where the undertaking is the holder of at least one authorisation for a heavy vehicle, the whole of its authorisations shall be validated in a single enabling authorisation to carry out transport with any type of vehicle. vehicle without limitation of scope, of which a copy shall be issued for each of the vehicles to which the validated authorisations were concerned, irrespective of the characteristics of the approved authorisations.

For the purposes of Article 26.1 (d), where the undertaking was originally the holder of at least one national-wide authorisation relating to a heavy vehicle, a valid authorisation shall be granted to the undertaking. age identical to that of the oldest of the authorizations that are validated to have those characteristics.

In all other cases, the validated authorisation shall be considered as a new grant for the purposes referred to in point (d) of Article 26.1.

2. Where the undertaking is exclusively the holder of public transport authorisations for light vehicles which add a payload capacity of 60 tonnes or more, the whole of its authorisations shall be validate in a single enabling authorisation to carry out transport with any type of vehicle without limitation of scope, of which a copy referred to each of the vehicles to which the authorisations were concerned shall be issued; validated.

For the purposes of Article 26.1 (d), the validated authorisation shall, in this case, be considered to be a new grant authorisation.

3. Where the undertaking is exclusively holder of authorisations for light vehicles with a payload capacity of not more than 60 tonnes, the whole of its authorisations shall be validated in a single authorisation exclusively for the purpose of carrying out transport with light vehicles without limitation of scope, of which a copy referred to each of the vehicles to which the validated authorisations were concerned shall be issued.

For the purposes of Article 26.1 (d), an age identical to that of the oldest of the authorisations that are validated shall be attributed to the validated authorisation.

2. Without prejudice to the fact that the entire legal system provided for in this Order is applicable to authorisations validated as from the date of entry into force of this Order, the material issue of the cards in which the new authorisation is documented and their copies to the holders shall be held on the occasion of the visa for the year 2008.

3. The validated authorisation and its copies shall be domiciled in accordance with the rules laid down in Article 9.

4. The authorizations granted by the Autonomous Community of the Principality of Asturias in accordance with its Decrees 62/1982 of 29 October on the creation of new cards for the transport of milk and 85/1983 of 7 December of a public service transport card with a discretionary public service transport card of butane and autonomic gas cylinders, which are registered and registered in the General Register of Carriers and Activities Auxiliary and Complementary Transport to the entry into force of this Order, will have identical (a) treatment which is at local level for the purposes of what is provided for in this provision, where the vehicle to which they were referred was heavy, and identical to that of transport by light vehicle, when they were referred to this class of vehicles.

In addition, the Directorate General for Road Transport will be able to resolve to grant such treatment to other authorizations of regional scope that are registered and in a situation of high in the mentioned Register at the entrance in This order, provided that it is requested by the competent authority of the relevant autonomous community and is accredited to obtain similar requirements for obtaining the same requirements as those which, at the time, were required for obtaining a local merchandise transport authorization.

Second transient disposition. Validation of complementary private transport authorizations.

1. Complementary private transport authorisations for specific vehicles which are currently held by each undertaking shall be automatically validated in a single authorisation referred to in this Regulation.

Without prejudice to the fact that the entire legal system provided for in this Order is applicable to authorizations validated as from its entry into force, the material issue of the cards in which the new order is documented the authorisation and copies of the authorisation may be requested by the holders from 1 January 2008 and, if not, they shall be issued to them on the occasion of the visa for the year 2009.

2. For the purposes referred to in Article 31.2, where a company is simultaneously the holder of a supplementary private transport authorisation and a public transport authorisation, it shall, before the end of the period in which it is responsible for the the latter by the joint validation of each other in a single public transport or supplementary private transport authorisation.

To this end, the body responsible for carrying out the visa by reason of the company's domicile must expressly consider this alternative at the time of the visit, if the person concerned had not exercised his/her choice with before.

Where the employer concerned does not express in writing his decision to the competent body before the end of the period in which he or she is entitled to see his current public transport authorisations, the whole of his authorisations shall be validated by a single authorisation of this category relating to the undertaking.

The public transport authorisation which, where appropriate, results from the application of the provisions set out in this provision will only enable the carrying out of transport with light vehicles, unless one of the two Following circumstances:

(a) That any of the public transport authorizations that are jointly validated already have enabled the performance of the activity with heavy vehicles.

(b) that any of the complementary private transport authorisations which are jointly validated have been referred to a heavy vehicle since before 1 January 2007.

Transitional provision third. Validation of mixed transport authorizations.

Mixed transport authorizations for specific vehicles that currently hold each company will receive identical treatment to that provided for in this Order for the authorizations for the carriage of goods, as the scheme which corresponds to them according to the characteristics of the vehicle to which they are referred and the nature of the transport, public or private complementary, for which they enable them.

This validation shall not apply only to the mixed public transport authorities whose owner is in possession of a municipal self-taxi licence, which shall not undergo any modification.

Transitional disposition fourth. Exchange of current transport cards.

Without prejudice to the provisions of the first transitional provision, holders of public transport authorisations with a regional or local authority referred to a heavy vehicle or a light-vehicle authorisation holder whose (a) scope and/or characteristics may vary as a result of the convalidation regulated in that, as well as those of public or private mixed transport authorizations, may request the exchange of the cards in which it is currently they are documented by others that reflect their new scope and characteristics from on the day of entry into force of this Order.

Such an exchange must necessarily be requested before the competent body of that autonomous community in which the holder of the authorizations has his tax domicile.

In relation to what is set forth in this provision, the following rules must be taken into account:

1. As long as your exchange is not produced, the transports that are carried out under the cover of the affected cards must continue to be subject to the limitations that are reflected in them.

2. The exchange of the cards will imply the resignation of the holder to the rehabilitation of authorizations that, at that time, are suspended or expired due to lack of visa, and also to continue any other a procedure not yet resolved which would have been initiated at the request of his, in relation to any of his authorizations, prior to the entry into force of this Order. This should be expressly advised to the person concerned by the competent body on the occasion of the processing of his application.

3. From the entry into force of this Order, the exchange of the cards referred to in this provision will be a necessary requirement for any processing requested by the holder in relation to any of the their authorisations, except for the rehabilitation of those who are suspended or expired for lack of a visa. Without prejudice to this, the exchange may be dealt with simultaneously with the other procedure which, where appropriate, would have been requested.

Transient disposition fifth. Authorities suspended.

From the entry into force of this Order it will not be possible to suspend the authorization of the carriage of goods at the request of the holder.

The authorizations for the carriage of goods which, for any reason, are suspended from the entry into force of this Order shall lose their validity if their holder does not request the lifting of such suspension in advance on 30 November 2008, or earlier if the period for which the suspension was declared concluded previously.

In order for the lifting of the suspension to be agreed, the holder of the authorization must justify all the requirements required in this Order.

Transitional disposition sixth. Procedures in processing.

The procedures relating to the authorisation of carriage of goods which had been initiated before the entry into force of this Order will be dealt with in accordance with the legal regime established by the Order of the Ministry of Public Works of 24 August 1999, for which the Regulation of the Land Transport Management Act is developed in respect of the authorizations for the carriage of goods by road and the provisions laid down for their application and development.

To this end, only the processing of a proceeding may be considered to have been initiated when at least the request of the person concerned had been filed prior to the entry into force of this Order.

Repeal provision.

The Order of the Ministry of Transport, Tourism and Communications of 5 May 1981, for which the approval of road moving companies is regulated; the Order of the Ministry of Transport, Tourism and Transport, is hereby repealed. Communications of 16 September 1982, complementary to the one of 5 May 1981, governing the type-approval of transport undertakings by road of removals; the Order of the Ministry of Transport, Tourism and Communications of 25 March 1982 October 1990, for which the flags of vehicles carrying out transport are regulated; the Order of Ministry of Public Works of 24 August 1999, for which the Regulation of the Law on the Management of Land Transport in the field of authorizations for the carriage of goods by road is developed; the Resolution of the Directorate-General of Railway and Road Transport of 6 March 1997 laying down rules on the dimensions of vehicle markings of up to 3.5 tonnes of maximum authorised weight for transport and, in general, how many Provisions of equal or lower rank are opposed to what is set in this Order.

Final disposition first. Enabling the Directorate-General for Road Transport.

The Directorate-General for Road Transport will take the necessary measures to comply with this Order and the coordination rules that are necessary for its implementation, in accordance with the provisions of the Article 16.2 of the Organic Law 5/1987 of 30 July, of Delegation of State Faculties in the Autonomous Communities in relation to the Transports by Road and Cable.

In particular, the Director General of Transport by Road is empowered to change, where appropriate, the identification code of the different cards in which, in each case, the transport authorizations are documented, when it is appropriate to identify more precisely the legal regime applicable to them.

Final disposition second. Entry into force.

This Order will take effect on April 16, 2007.

Madrid, 20 March 2007. -Minister for Development, Magdalena Álvarez Arza.