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Order Itc/3709/2006, Of 22 November, Which Regulates The Metrological Control Of The State Over The Devices, Taxi Meters.

Original Language Title: Orden ITC/3709/2006, de 22 de noviembre, por la que se regula el control metrológico del Estado sobre los aparatos taxímetros.

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TEXT

Law 3/1985, of 18 March, of Metrology, establishes the legal regime of the metrological activity in Spain, regime to which they must submit in defense of the safety, the protection of the health and the economic interests of consumers and users, the measuring instruments, under the conditions to be determined. This Law was subsequently developed by various norms of metrological content, among which is the Royal Decree 889/2006, of July 21, which regulates the metrological control of the State on measuring instruments.

The royal decree transposing into national law Directive 2004 /22/EC of the European Parliament and of the Council of 31 March 2004 on measuring instruments, while adapting the metrological control phases referred to in Article 4 (1) of Directive 2004 /22/EC. the approval of a model and a primitive verification, in the instruments subject to national specific regulations, to the system of conformity assessment which is regulated in the said Directive, and also to the development of the control phases Metrology related to periodic verification and after repair, phases which are not covered by Community legislation.

According to all this, this order has the purpose of regulating the State's metrological control over the instruments intended for charging in vehicles for taxi service, called taximeters, in their Verification phases after repair or modification and periodic verification.

Additionally, the technical content established in the day is modified according to the experience gained from its application and the technological evolution that the instrument has experienced since its last regulation.

For the elaboration of the order, the autonomous communities have been consulted and the mandatory hearing has been carried out for the interested parties. He has also favourably reported the Metrology Board.

This provision has been submitted to the procedure for information on technical standards and regulations, provided for in Directive 98 /34/EC of the European Parliament and of the Council of 22 June, as amended by the Directive 98 /48/EC of 20 July, as well as Royal Decree 1337/1999 of 31 July, which incorporates both directives into the Spanish legal order.

In its virtue, I have:

CHAPTER I

General provisions

Article 1. Object.

Constitutes the object of this order the regulation of the metrological control of the State on the taximeters according to the definition set out in Annex XI of the Royal Decree 889/2006, of July 21, for which the control is regulated State metrology on measuring instruments.

Article 2. Metrological control phases.

The State's metrological control over the taximeters defined in Article 1 of this order is the one that is regulated in Chapter III of Royal Decree 889/2006, of 21 July, referring to the phase of instruments in service and includes verification after repair or modification and periodic verification.

Article 3. Installation requirements.

The taximeters must meet the installation requirements set out in Annex IV of this order.

CHAPTER II

Verification after repair or modification

Article 4. Definition.

It is understood by verification after repair or modification, in accordance with the provisions of Article 2 (z) of Royal Decree 889/2006, of July 21, the set of administrative, visual and technical examinations which are intended to check and confirm that a service meter, installed in a vehicle, maintains, after a repair or modification requiring the breaking of seals, the metrological characteristics which are applicable to it, (i) special reference to the maximum permissible errors, as well as the operation of the system in accordance with its design, in accordance with its specific regulations and, where appropriate, the approved design or model.

Article 5. Performances of the repairers.

The repair or modification of the taximeters may only be performed by a person or entity registered in the Register of Metrological Control, in accordance with the provisions of Royal Decree 889/2006 of 21 July 2006. The registration of such registration shall require compliance with the requirements set out in Annex I.

All the actions performed by an authorized repairer will be documented in a work part, in a self-copying diptych format. The first sheet of the part shall be held by the repairer and the second sheet, held by the holder of the taximeter, both at the disposal of the competent authority and of the approved inspection bodies for a minimum period of two years. years since the intervention was performed.

The nature of the repair, the replaced elements, the date of the action, the number with which the repairer who has made the repair is registered in the Metrological Control Register, the identification of the person who has made the repair or modification, his signature and the stamp of the repairer. The description of the operations carried out shall be sufficiently detailed so that their scope can be assessed by the competent authority.

Article 6. Bound subjects and requests.

The holder of the taximeter shall inform the competent public administration of its repair or modification, indicating the object of the taximeter and specifying which elements are substituted, if any, and the adjustments and checks carried out. Before you are put into service, you will need to request verification.

Once the application for verification after repair or modification has been submitted, the competent public administration or the approved body of verification shall have a maximum period of 30 days to proceed to its verification.

Article 7. Testing and execution.

The taximeter must pass an administrative examination, consisting of the complete identification of the instrument and the verification that it meets the requirements required to be legally in service. It shall be carried out on the basis of the information in the bulletin set out in Annex II. It shall be determined in particular that the instrument has the declaration of conformity, or the approval of the model, and the corresponding markings in accordance with the provisions of Royal Decree 889/2006 of 21 July 2006 and that the characteristics meet the requirements stated in each case.

The tests to be performed on the verification after repair or modification shall be as set out in Annex III.

Article 8. Maximum errors allowed.

The maximum errors allowed in the verification after repair or modification are as determined in Annex III.

Article 9. Compliance.

After the verification phase after repair or modification, the conformity of the taximeter shall be recorded to perform its function, by the adhesion of a label in a visible place of the verified instrument, which must meet the characteristics and requirements set out in Annex I to Royal Decree 889/2006 of 21 July 2006. The relevant verification certificate shall also be issued and the verifier shall reseal the instrument.

The verification after repair or modification shall have periodic verification effects with respect to the calculation of the time limit for the application of the deadline.

Article 10. Not exceeding verification.

When a taximeter does not exceed the verification after repair or modification it must be put out of service until the deficiency that has prevented the overcoming is remedied. This circumstance shall be made by means of a label of disablement of use, the characteristics of which are set out in Annex I to Royal Decree 889/2006 of 21 July 2006, specifying in the same instrument the type of instrument concerned in the case of that the deficiency is not remedied, the appropriate measures shall be taken to ensure that it is definitively withdrawn from the service.

CHAPTER III

Periodic Verification

Article 11. Definition.

It is understood by periodic verification, in accordance with the provisions of Article 2 (aa) of Royal Decree 889/2006, of 21 July 2006, the set of administrative, visual and technical examinations for the purpose of verify and confirm that a service meter, installed in a vehicle, has maintained, since its last verification, the metrological characteristics applicable to it, in particular as regards the maximum permissible errors, and which works according to its design and is in accordance with its specific regulations and, where applicable, design or approved model.

Article 12. Bound subjects and requests.

In-service taximeter holders will be required to apply annually for periodic verification of the same, with their use prohibited in the event that this phase of metrological control is not exceeded.

The application for verification shall be accompanied by the bulletin set out in Annex II.

Article 13. Testing and execution.

The taximeter must pass an administrative examination, consisting of the complete identification of the instrument and the verification that it meets the requirements required to be legally in service. It shall be carried out on the basis of the information in the bulletin set out in Annex II. It shall be determined in particular that the instrument has the declaration of conformity or, where appropriate, the approval of the model and the corresponding markings in accordance with the provisions of Royal Decree 889/2006 of 21 July 2006.

The tests to be performed on the periodic verification shall be as set out in Annex III.

Article 14. Maximum errors allowed.

The maximum errors allowed in the periodic verification shall be as set out in Annex III.

Article 15. Compliance.

The periodic verification phase shall be exceeded, the conformity of the taximeter shall be recorded in order to perform its function, by means of the adhesion of a label in a visible place of the verified instrument, which shall meet the characteristics and requirements set out in Annex I to Royal Decree 889/2006 of 21 July 2006. The fields set out in the bulletin in Annex II to this order shall also be completed.

Article 16. Not exceeding verification.

When a taximeter does not exceed the periodic verification it must be put out of service until the deficiency that has prevented the overcoming is remedied. This circumstance shall be made by means of a disable label for use, the characteristics of which are set out in Annex I to Royal Decree 889/2006 of 21 July 2006, specifying the type of instrument concerned. In the event that such a deficiency is not remedied, appropriate measures shall be taken to ensure that it is definitively withdrawn from the service.

Single transient arrangement. Instruments in service.

Taximeters already in service at the entry into force of this order may continue to be used provided they exceed the periodic verification regulated in Chapter III.

Single repeal provision. Regulatory repeal.

The Order of the Ministry of Public Works of 29 May 1998 is hereby repealed, regulating the State's metrological control over the taquicronometric counters, called taximeters, in their phases of verification after repair or modification or periodic verification.

Final disposition first. Competence title.

This order is dictated by the provisions of article 149.1.12. of the Constitution, which attributes to the State, as exclusive competence, the legislation of weights and measures.

Final disposition second. General rules of application to administrative procedures.

In this order and Royal Decree 889/2006 of 21 July 2006, the administrative procedures to which the actions regulated in this Order will take place, will be governed by the provisions of Law 30/1992, November 26, Legal Regime of Public Administrations and the Common Administrative Procedure, and in the specific legislation of the competent public administrations.

Final disposition third. Authorization to modify the technical content of the order.

The Secretary-General of Industry is hereby authorized to introduce in the Annexes to this order, by means of a resolution and a report of the High Council of Metrology, any amendments of a technical nature to the keep their content adapted to the technical innovations that occur.

Final disposition fourth. Entry into force.

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

Madrid, 22 November 2006. -Minister for Industry, Tourism and Trade, Joan Clos i Matheu.

ANNEX I

Requirements for enrollment in the Metrological Control Register of persons or entities to repair in taximeters

Persons or entities that intend to repair or modify devices that are covered by this order must be registered as authorized repairers in the Metrological Control Registry, as provided by the Royal Decree 889/2006 of 21 July 2006 regulating the Metrological Control of the State on measuring instruments.

The registration in the Metrological Control Registry will require, on the part of the applicant, the availability of the necessary technical and human requirements to be able to carry out his work and the technical means that allow him carry out the verification of the instrument once repaired and ensure the goodness of the repair. To do this, you must have at least the following equipment:

(a) A control bench, which shall be calibrated every five years, and which shall comprise: an outlet for connection to the taximeter; a motor speed variator; an element of display of the magnitude to be measured, with a device of set to zero; a switch for the selection of the following magnitudes: speed in kilometres/hour, distance travelled in metres or metres travelled, and turns or revolutions per minute (rpm). The minimum respective scales shall be: 0 to 180 km/horse; 0 to 9,999 metres; and 0 to 3,000 revolutions per minute.

b) A stopwatch to proceed to the control of the razres on the basis of times.

c) A public gauge, with tire inflation device to check the pressure.

ANNEX II

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ANNEX III

Verification procedure and maximum allowable errors

Verification

The procedure for verifying the application of the following procedures shall consist of the procedures set out below. It is understood that the failure to exceed one of them will mean that the verification and the impossibility are not exceeded. to do the following:

1. Administrative examination. -Consisting on the complete identification of the instrument and the verification that it meets the requirements required to be legally in service. It shall be carried out on the basis of the information in the bulletin referred to in Annex II. It shall be determined in particular that the instrument has the model approval or the EC model approval, the nameplate with all its data and the accreditation of having passed the original verification or the EC declaration of compliance.

2. Metrological examination. -It will understand the following phases of visual inspection and verification of the maintenance of its metrological characteristics.

The visual inspection phase will perform the following checks:

1) That the taximeter corresponds to the one identified in the administrative examination.

2) That the taximeter carries on the cover or on a sealed, easily legible and visible plate, the following indications:

a) The name of the manufacturer and its brand.

b) Designation of the instrument model, its number and year of manufacture.

c) The model approval or CE declaration of compliance sign.

d) Your constant k.

3) That is properly sealed.

4) In the case of verification after repair or modification, the instrument meets all the metrological requirements contained in the resolution of the corresponding approval.

In the verification phase of the maintenance of its metrological characteristics, the taximeter fitted to the vehicle shall be subjected to the verification tests, following the procedure described below:

1) Schedule time: A minimum of two measures.

2) Kilometre-wide range: One measure for each tariff, at a rate of between 40 and 120 kilometres/hour, with a minimum of three measures under these conditions.

If you have the fare program version, provided by the program manager, only three measures will need to be checked at a single rate.

The general conditions for the performance of these tests should be:

1) Temperature: between-10 °C and + 60 °C.

2) Humidity: relative between 5 and 95 per 100.

Maximum errors allowed

In tests on the measurement set (more vehicle taximeters), the maximum permissible errors for a given distance travelled shall not exceed the values set out below:

a) Time drag test: ± 0.2% of the actual value (with a minimum maximum allowable error value of 1 second).

b) Kilometre Drag Test: ± 1,0% of the actual value (with a minimum permissible maximum error value of 10 metres).

c) For the calculation of amount: ± 0,3% of the actual value, including rounding corresponding to the last significant digit of the amount.

ANNEX IV

Installation Requirements

1) The manufacturers of the self-taxi service vehicles or, failing that, their established legal representatives, are the only entities that can determine the system of connection of the taximeters in the vehicles without affect the safety of the same and must certify the correct point of taking of the taquimetric signal and that this is the correct one for the taximeters, maintaining the maximum metrological guarantees, and must guarantee that the taquimetric signal corresponds to the driving axle of the vehicle or, if this is not possible, justifying the impossibility and the workaround.

2) The installation of the taximeter, from the signal to the multiple-rate repeater module, shall not contain any element other than the taximeter, and shall be continuously and indetachable at all times, having the seals which ensure the metrological control of the instrument. For these purposes, the connections associated with their operation shall be considered to be part of the taximeter.

3) Once the taximeter is installed in a taxi service vehicle according to the specifications provided by the vehicle manufacturers and the taximeter or, failing that, their legal representatives must be scheduled with the current rates.

4) The identification of the tariff programme, approved by the competent authority in this field, shall be carried out directly on the taximeter, entering its position as a programme version. This identification shall be provided by the person responsible for the tariff programme to the competent public administrations.

5) In the first installation of a taximeter in a self-taxi service vehicle the correct value of the constant of the instrument kshall be calculated, in pulses per kilometre and with a maximum tolerance of ± 0,5%, which shall be maintain throughout the service life of the vehicle/taximeter assembly provided that the dimensional characteristics of the tyres are maintained.

6) The determination of the vehicle's characteristic coefficient w, in pulses per kilometre, shall be carried out with the following:

(a) The tyres of the self-taxi service vehicle shall be those that match the vehicle and with an effective circumference u. They must be in good condition and inflated to the correct pressure.

(b) The load of the vehicle shall be 225 kg ± 30 kg.

(c) The vehicle shall be displaced by its engine on flat and horizontal terrain, in a straight line, and at a speed of 40 km/h ± 5 km/h, or on a properly calibrated roller bench.

7) Where the tests are carried out under conditions other than those referred to in the preceding three paragraphs, the results shall be amended, with the necessary corrections, to bring their value to the value of the tests have been performed under the defined conditions.

8) The installation of a taximeter used in another vehicle shall be considered as a modification of the initial conditions of the taximeter and therefore a verification shall be carried out after modification, and shall be carried out by a an authorised metrological verification body which shall validate the verification of the correct installation, in accordance with the instructions of the vehicle manufacturer and the tariff corresponding to his licence. This new facility will result in the use of a new instrument identification bulletin.