Law 29/2003 of 8 October on improving the conditions of competition and safety in the road transport market introduced major amendments to the text of Law 16/1987 of 30 July 1987 on the Management of Land Transport. As a result, a parallel amendment of the Regulation, approved by Royal Decree 1211/1990 of 28 September 1990, hereinafter 'ROTT', for which the second of the abovementioned laws is developed, is necessary in order to accommodate the content of the the one from this one. Taking into account, moreover, the date on which the ROTT was approved, it seemed appropriate not to take advantage of the opportunity referred to by the ROTT to carry out a thorough review of its content which would allow its precepts to be changes since then in the transport market. Reasonably, this amendment has been presided over by the guidelines set out in the Strategic Plan for the Transport of Goods by Road (PETRA) and the Plan of Action Lines for Transport in Bus (PLATA), respectively. adopted in June 2001 and in May 2002, with the general consensus of all the business and social sectors involved in one and other transport markets. Following these guidelines, the purpose of this amendment is to achieve a number of objectives of a general nature. On the one hand, it is intended to facilitate and encourage competition through an improvement in the business structure, eliminating or reducing all those regulatory requirements which, without being essential for proper market management, They were hindered by this. It is also intended to improve conditions of competition by strengthening and equating market access conditions. At the same time, changes are being made to improve the competitiveness of businesses by extending the scope of economic and managerial autonomy, by deepening the concept of the exploitation of the services provided to them. risk and venture. It is worth noting, as more significant aspects of the modification carried out, the following:

In the sociolaboral field, self-employed drivers extend the protections that, in the area of safety and health at work and the prevention of occupational risks, result, if necessary, from the application to the drivers. (a) to carry out loading and unloading operations of vehicles.

In relation to the Arbitration Boards of Transportation, small procedural changes are introduced, advised by the experience accumulated during years of operation of the Boards, in order to increase their effectiveness. The National Council of Land Transports is a place for representations of persons with reduced mobility and of railway undertakings other than RENFE and FEVE which may exist in the future. With regard to the conditions for access to the transport market, the requirement to obtain authorisation for transport is exempted from an obligation to obtain transport authorization, and the level of requirements for the good repute of employers is raised. introduce amendments which will make it possible for the Minister to promote criteria to increase the requirements of vocational training. With regard to the economic and financial system of the carriers, the concept of self-management is defined, stating their identification with the hiring and invoicing of the transport in its own name and its realization through of the business organisation itself. In relation to the regular transport of permanent and general travellers, it is intended to highlight the contractual aspects of the concession agreement, the conditions of which are born with a vocation to stay for the duration of the contract. (a) which does not preclude the fact that certain conditions for the provision of services are, to the extent compatible, flexible. Criteria are also set out to ensure the maintenance of the concessional network and its smooth operation when there is no concession. In particular, the processing of concession projects is being processed; new requirements are introduced for competitions, designed to avoid distortions of competition; the importance of competition is increased; formalisation of the concessional contract as an enabling title for the performance of the services and origin and law of the provision of services; the exceptionality of the modification of the contractual conditions is reinforced; the balance of the economic assumptions considered to be basic in the award of the concession in terms of the existing relationship between operating and tariff costs; the concessionaire's decision-making capacity is increased in the management aspects which do not affect the maintenance of the contractual conditions; maintenance of the balance in the dealer/user relationship, so that it can be established by the Administration formulas through which the first compense the second when it provides a service of inferior quality; they are redefined with greater precision the conditions of collaboration in the provision of the services of concessions In addition, the causes and consequences of the extinction of concessions are further developed. In line with the above, the arrangements for the provision of the regular services of passengers for special use and for general use are dislinked, thereby reinforcing the concept of economic and management autonomy and business risk management. and ventura of the holder of the concession or authorization. As far as discretionary transport is concerned, the concept of company referred to the holder of the authorizations is reinforced; the scope of national action of all the authorizations is universalized, and those changes that will allow for the In the case of road haulage legislation, all the questions relating to the qualification of the staff working in the transport undertakings, the strengthening and the equalling of the conditions of access to the market for all those who were not previously hauliers and to energize the management of fleets, although supporting rules to ensure the financial capacity of businesses throughout their lives and respect for progressive environmental criteria. In relation to the complementary private transport, it is possible to approximate the conditions required for the realization of this kind of transport with those required for the realization of public transport, in order to facilitate the outsourcing of fleets dedicated to complementary private transport. With regard to the activity of leasing vehicles, the conditions for the use of vehicles leased without drivers for the performance of public and private transport complementary and the required requirements are reinforced. for the access to the market and the functioning of the leasing companies of vehicles with driver. In relation to the typical infrastructure of road transport, a classification of stations and transport centres is promoted, so that it can be used in the whole of the national territory. Finally, in the area of inspection and sanctions, apart from adjusting the content of the regulation to the amendments introduced by Law 29/2003, the procedures to be followed in the performance of actions are developed more precisely. In order to increase the legal certainty of both the managed and the Land Transport Inspectorate, the inspection and enforcement of sanctions are in order. In its virtue, on the proposal of the Minister of Public Works, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of the day 27 October 2006,

D I S P O N G O:

Single item. General amendments.

Articles 3, 7.2, 8.1, 8.4, 9, 16, 17, 18.1, 19, 20, 22, 23, 28.3, 29, 31.1, 36.1, 37.c), 38, 41, 43, 47.4, 48, 50.1, 52, 54, 55, 63, 65.1), 67, 68, 69.1.a), 70, 72.4, 73.2, 74, 75.1, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 90, 91, 92, 94.3, 95, 96, 97, 106, 108, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 123, 124, 125, 126.3, 127, 135.2, 139, 156.2, 157.b), 158, 159.1, 170.1, 175, 177.a), 178, 180, 183, 184, 185, 186, 187, 193, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215.4, 216, 219.2 and 222 of the Act of Land Transport Management, approved by Royal Decree 1211/1990 of 28 September 1990, and a new paragraph 3 is added to Article 4, a new paragraph 4 of Article 64 and a new paragraph 3 of Article 71 of the Treaty. they are worded as follows: One. Article 3 is worded as follows:

" 1. Unless expressly agreed on different amounts or conditions, the liability of the goods porters for the losses or breakdowns suffered by them shall be limited to a maximum of EUR 4,5 per kilogram. The liability of such porters for delays in the delivery of goods shall not exceed, unless otherwise agreed, the price of transport. 2. Except as expressly agreed on different amounts or conditions, the liability of the passenger porters for the losses or breakdowns suffered by the baggage handlers shall be limited to a maximum of EUR 14,5 per kilogram. Your liability for any losses or breakdowns suffered by the orders you carry shall be governed by the conditions set out in paragraph 1 of this Article in relation to the carriage of goods. The monitoring of the hand-hold shall be the responsibility of the traveller to which they accompany and, consequently, they shall be aware of the damage they may suffer as long as they are on board the vehicle, unless it proves the responsibility of the undertaking. carrier, in which case the limitations previously provided for in relation to baggage shall apply. In any event, the carrier shall be held liable for the possible loss or deterioration of the carry-on packages at any time when, on the occasion of a stop, all occupants have left the vehicle without, immediately thereafter, the driver would have closed the doors of access to it. 3. The proof of the covenant of limits or conditions of liability other than those laid down in paragraphs 1 and 2 of this Article shall correspond to the party that claims them. 4. The limitations of liability provided for in the first two paragraphs of this Article shall not apply when the damage occurs by measuring the carrier's intent. 5. Where higher limits or liability conditions other than those provided for in the preceding paragraphs are agreed, the carrier may receive an additional amount on the price of transport in accordance with the agreed liability. The amount of such additional charge shall be freely agreed by the parties. 6. The limitations set out in the preceding paragraphs shall also apply to those who, by law, assume the position of carriers in relation to shippers and users. "

Two. A new paragraph 3 is added to Article 4 with the following wording:

" According to the final provision of the Law of the Workers ' Statute, a recast text approved by Royal Legislative Decree 1/1995, of March 24, and Article 3 of Law 31/1995, of 8 November, of Prevention of occupational hazards, and in implementation of the provisions of Article 22 (5) of the LOT, the safety and health regulations at work and the prevention of occupational risks related to cargo, stowage, esestiba and (a) the discharge applicable to professional drivers for hire or reward of vehicles for whose driving The "C + E" class permit shall also apply to self-employed or self-employed professional drivers of this class of vehicles. "

Three. Article 7 (2) is worded as follows:

" The competence of the Boards to carry out the actions provided for in points (a) and (b) of the previous Article shall be determined by the place of origin or destination of the transport or the place of celebration of the corresponding contract, at the choice of the petitioner or petitioner, unless expressly and in writing the submission has been agreed to a specific Board.

In the event that the dispute arises before more than one Board as provided for in the preceding paragraph, it shall be competent for the Board of Governors to which it has previously been raised, and shall not be required to do so. remaining ".

Four. Article 8 (1) is worded as follows:

" The Transport Arbitration Boards shall be composed of the President and for a minimum of two and a maximum of four vowels, all designated by the Autonomous Communities referred to in paragraph 1 of the Article or, where appropriate, by the Directorate-General for Transport by Road. In any event, the two representatives of the shippers or users and of the undertakings in the transport sector referred to in paragraphs 3 and 4 of this Article shall form part of the Boards, without prejudice to the provisions of this Article. Article 9.7. "

Five. Article 8 (4) is worded as follows:

" The remaining compulsory vocalia shall be occupied by the representative of the transport undertakings or ancillary and complementary activities of the latter.

For this purpose, several persons may be appointed on behalf of the various transport sectors, which may not exceed those which constitute an independent section of the National Transport Committee. Road, with at least one representative of the sector of passenger transport companies and one of the goods. At least one representative of the railway transport undertakings shall also be appointed and one of the cable transport undertakings may be appointed. As determined by the competent authority, the appointment of the persons referred to in the preceding paragraph shall be made on a proposal from the institutionalised body representing the existing transport undertakings, where appropriate, in the territory of the autonomous community concerned, the associations representing the sector in that territory or the National Committee for Road Transport and RENFE or, where appropriate, other railway undertakings. '

Six. Article 9 is worded as follows:

" 1. The possibility of action before the Boards in order to promote the arbitration provided for in Article 6 (a) shall be prescribed within the same time limits as it would be if it were a judicial action which was brought before the Courts of Justice.

2. The arbitral proceedings of the Boards shall be established in writing signed by the actor or his representatives, in which the name and address of the claimant and the person against whom it is claimed shall be expressed, giving an explanation of the grounds of the fact and the right in which the complaint is justified, specifying clearly and accurately the request and proposing the evidence deemed relevant. 3. The Secretariat of the Boards shall send a copy of the complaint to the party against which it is claimed, indicating in that document the date for the hearing, which shall also be communicated to the claimant. 4. In the hearing, which shall be oral, the parties may rely on their right to provide or propose the evidence they deem relevant. The Board shall give its award, after hearing the parties and practice or receiving the evidence it deems appropriate, within the time limit laid down in the general arbitration legislation. The President may decide in itself matters of management, processing and impetus of the procedure. 5. In the event that the claimant or his/her representative does not attend the hearing, he/she shall be given a withdrawal in his/her complaint. The unassisted part of the claimed party shall not prevent the holding of the hearing or the award of the award. 6. The attendance of a lawyer or prosecutor shall not be required for the appearance before the Board of Arbitration. The parties may confer their representation in writing addressed to the Board in question. In relation to the notifications to the parties, which shall be made by the Secretariat of the Boards, the legislation of administrative procedure shall apply. 7. The award shall be agreed by a simple majority of the members of the Board, in the same way as the vote of the president's quality. The inattendance of any of the members of the Board, with the exception of the President, shall not prevent the hearing from being held or the award being made. 8. The awards shall not require any special formalities and shall have the effects provided for in the general arbitration legislation, acting solely against them for annulment and review for the reasons specifically provided for in that legislation. legislation. After 20 days after the award of the award, enforcement may be obtained from the competent judicial body, in which case the provisions of the general arbitration legislation shall also apply. 9. The arbitrations referred to in this article shall be free of charge, without prejudice to the obligation to satisfy the costs incurred by the practice of tests. The payment of the costs shall be governed by the provisions of the general arbitration legislation. 10. As not provided for in the preceding paragraphs and in the rules of organization which, in order to homogenize and to seek the effectiveness of its action, in its case, determine the Minister of Development, the rules established in the legislation will apply general of arbitration. 11. The procedural rules, where appropriate, necessary for the performance of the functions of the Boards provided for in Article 6 (b), (c) and (d), shall be determined by the Minister for Public Works. "

Seven. Article 16 is worded as follows:

" 1. The competent authorities in the field of transport shall pursue the increase in the effectiveness of the inspection function through the regular production of inspection plans, which shall give a systematic character to the inspection measures, and determine, where appropriate, the general guidelines for control operations relating to services or activities which may require special action.

The preparation of these plans will be carried out in a coordinated manner with the competent bodies for the surveillance of land transport in urban or interurban roads, in order to achieve the appropriate adjustment in the exercise of the various surveillance and inspection powers. In addition, the National Committee for Road Transport will be able to work together in this preparation. 2. The Ministry of Public Works will be able to determine at all times the criteria for the priority action of the Inspection Services in (a) the relationship with the transport of its competence, whether it is already exercised directly by the State Administration or, by delegation, by the Autonomous Communities. These criteria will give priority action to those offences which at any time have more social impact or involve greater disturbance in the management and safety of transport, in particular, in any case, on those that are harmful to the free and orderly competition between the companies operating in the market. 3. The bodies of the public administrations responsible for transport shall communicate to the natural controls of the security forces and bodies responsible for the surveillance of road transport in the provinces concerned. instructions which they consider to be accurate for the best performance of the referred action plans, either through the Government Subdelegates, when those Forces are dependent on the State Administration, or, in another case, through the organs competent authorities of regional or local authorities, without prejudice to the provision of directly the instructions to the operators specifically dedicated to the surveillance of transport, as provided for in paragraph 3 of the previous Article. 4. The coordinated action of the State Land Transport Inspection Services with those of the autonomous communities and local entities shall be sought. "

Eight. Article 17 is worded as follows:

" In accordance with the provisions of Article 33 (1) of the LOT, the personnel of the Land Transport Inspection Services shall, in the performance of their duties, have the consideration of authority.

Officials of the Land Transport Inspectorate who perform management functions, having the character of Inspection Technicians, who have been appointed and formally accredited for the exercise of the (a) by the corresponding administration, they shall enjoy full independence in the conduct of the inspection activities, subject to the instructions given by their hierarchical superiors and to the requirements of the plans provided for in the previous article. Those who committed attacks or acts of fact or words against the staff of the Inspectorate on or on the occasion of the inspection shall be responsible for the responsibilities to which they are responsible in accordance with the legislation in force. Such officials or agents shall bring such acts to the attention of the competent bodies, in order to ensure that the appropriate procedures are instituted and that, where appropriate, the legal proceedings which take effect are exercised. "

Nine. Article 18 (1) is worded as follows:

" Inspection Services shall carry out their duties in relation to public or private transport undertakings or to carry out ancillary and complementary transport activities, with shippers and users and, in general, with all persons and entities which are affected by the rules for the management of land transport. "

Ten. Article 19 is worded as follows:

" The holders of the services and activities referred to in this Regulation, the holders of undertakings in whose facilities land transport activities are carried out or related to it, as well as those who are occupy the position of the charger or consignor, a mere consignor or consignee or a consignee in a carriage of goods, the users of a passenger transport and, in general, the persons affected by its provisions, shall be obliged to provide the staff of the Land Transport Inspectorate, in the performance of their duties, the access to their vehicles and facilities and the inspection of the cargo or passage carried on board those, as well as the examination of documents, books of accounts, invoices, transport certificates and statistical data which they are obliged to carry out and any other end or information relating to the conditions for the provision of the services made necessary to verify compliance with the obligations contained in the transport legislation. This obligation shall, in any event, reach all those books, management documents, controls or statistics whose completion or compulsory conduct is established by economic, fiscal, social and labour or environmental legislation which results from application to the subjects mentioned above. As regards the users of the passenger transport, they shall be required to identify themselves at the request of the inspection staff when they are performing their duties in relation to the service used by them.

To this end, the Inspection Services may obtain the necessary documentation for the best performance of its function in the company itself or require its presentation in the relevant public offices, or the the appearance of the employer or his representatives in the terms laid down in the legislation of the administrative procedure. In inspections carried out on the road, the driver shall have the consideration of the representative of the undertaking in relation to the documentation which is required to carry on board the vehicle and the information required in respect of the vehicle. service. Where the documentation requested is evidence of compliance with the obligations relating to driving and rest times for drivers, the undertaking may not be excused for the absence of the employer or the person concerned. responsible for their holding or custody. The requirement referred to in this Article may be carried out only in so far as it is necessary to verify compliance with the obligations contained in the land transport legislation. "

Once. Article 20 is worded as follows:

" In the exercise of their role, the members of the Land Transport Inspectorate are authorised to: (a) materially develop their performance wherever the activities affected by it are carried out. legislation on land transport. However, in the case of direct addresses of natural or legal persons, it shall be necessary to obtain the appropriate judicial order.

b) Carry out the tests, investigations or examinations that are necessary to ensure compliance with the legal provisions in force in the field of land transport. In particular, the members of the Land Transport Inspectorate and the agents of the units or detachments of the Forces which are legally assigned to the supervision of the Force, where there are well-founded indications of excess weight, handling or (a) the operator of the tachograph or the speed limiter or other control instruments which are required to be fitted to the vehicles may order the transfer of the vehicle up to the scale of the weighing, approved workshop or control area which is most appropriate for examination, provided that means a journey of more than 30 kilometres. However, where the above mentioned places are situated in the same direction as the vehicle, there shall be no limitation in relation to the distance to be travelled. The driver of the vehicle so required shall be obliged to drive it, accompanied by the members of the Land Transport Inspectorate or the agents of the units or detachments of the intervening forces, to the places referred to, as well as to to facilitate the weighing and verification operations, running the costs of such operations, in the event of a complaint, if the offence is credited, and, if not, of the competent authority for the opening, where appropriate, of the corresponding sanctioning dossier. In the case of transfers to authorised repairers, they shall be obliged to provide the technical intervention service on tachographs, speed limiters or other instruments which are required to be fitted to the vehicle, to all those agents of the Inspection or of the Transport Surveillance Forces, without any discrimination and shall carry out the relevant verifications with the utmost diligence in order not to disturb the inspector's performance. "

Twelve. Article 22 is worded as follows:

" In accordance with the provisions of Article 33 (2) of the LOT, the facts established by the members of the Land Transport Inspection Services and the agents of the law enforcement agencies assigned the supervision of the same shall have probative value when they are formalized in public document, observing the relevant legal requirements, without prejudice to the evidence that in defense of their respective rights or interests they can point out or provide the own managed. However, the current inspection must provide as many evidence as possible on the reported event. "

Thirteen. Article 23 is worded as follows:

" If, in its action, the personnel of the Land Transport Inspection Services discover facts that could constitute an infringement of the regulatory regulations of other sectors, especially in the concerning the field of work, taxation and road safety, shall bring it to the attention of the competent bodies in the light of the relevant matter.

Similar actions to those provided for in the preceding paragraph shall be carried out by the bodies of any sector of the administrative activity which are aware of infringements of the rules of organisation of the land transport. In order to achieve the coordination required to comply with the provisions of this Article, the bodies holding powers over each of the various subjects concerned shall be provided with the active assistance and cooperation which is necessary for this purpose. "

Fourteen. Article 28 (3) is worded as follows:

"The discretionary public transport of passengers in autocabs will be subject to mandatory maximum rates."

Fifteen. Article 29 is worded as follows:

" 1. Originally, the fees which are compulsory in accordance with the provisions of the preceding Article shall be fixed in accordance with the assessment of the elements which integrate the cost structure of the service which, for that purpose, must be determined the Administration. This assessment will be carried out on the basis of the costs of a properly managed company, with the Minister of Public Works being able to establish rules for this purpose.

2. The rates of permanent or temporary regular public transport of passengers of general use shall be modified in the cases provided for in Articles 77.3 and 87 of this Regulation, in accordance with the rules laid down therein. However, such tariffs may be amended in an extraordinary manner in accordance with the terms set out in the following paragraph, where the set of elements which make up the cost structure or a substantial part of it is exceptional. of these. 3. The compulsory charges which, where applicable, are laid down for transport modes other than that referred to in the previous paragraph or for ancillary and complementary transport activities shall be amended when they suffer substantial change in the whole range of the elements which integrate its related cost structure. Such modification may be carried out by the Administration or at the request of the transport undertakings, their associations, the National Committee for Road Transport or the National Land Transport Council. 4. In the procedure for determining and amending the compulsory tariffs referred to in the previous paragraph, the reports of the National Land Transport Council and, except in the case of transport tariffs, shall be requested. Rail, the National Committee for Road Transport, the same should be issued within a maximum of 15 days. 5. By way of derogation from paragraphs 3 and 4, provided that this is practicable and appropriate, the amount of the charges which are generally laid down for a transport sector shall be in accordance with the general arrangements to which, where appropriate, they have the representatives of the companies in the transport sector and those of the shippers or users, and the Administration may, for this purpose, promote the necessary collaboration between them. 6. With the exception laid down in Article 87 (1) (b), where, for reasons of economic policy, the price of transport is included in any of the methods of intervention covered by the general price regulation, the administration (i) transport must subject the establishment and amendment of the relevant tariffs to the competent bodies on price controls. 7. The Ministry of Public Works shall prepare and keep up to date, after hearing the National Committee for Road Transport and the most representative associations of transport users, the observatories in which the development of the costs of the transport of passengers and goods, to which it will be disseminated through the means which are considered to be most effective in order to facilitate their knowledge by enterprises and individuals. "

Sixteen. Article 31 (1) is worded as follows:

" The National Council of Land Transports is the top advisory body, consultation and sectoral debate of the Administration on matters affecting the operation of the transport system. The Council will be structured in two Sections, one of Transport of Travellers and one of Transport of Goods. The President and the members of each of the sections will be appointed by the Minister of Public Works, according to the following structure: " a) Section of Transport of Travellers: 1. Six members, representatives of the companies of public passenger transport, designated on a proposal by the National Road Transport Committee.

2. Two members, representatives of the travel agencies, appointed on a proposal of the National Committee for Road Transport. 3. A member of the Advisory Committee, representative of the passenger transport stations, appointed to Proposal of the National Committee for Road Transport. 4. Seven members, representatives of the users, six of whom will be appointed by the Consumers and Users Council and one by the Spanish Committee of Representatives of the Disabled (CERMI). 5. Two members, representatives of the workers in the passenger transport sector, appointed on the proposal of the most representative trade unions in the sector. 6. Two members, representatives of the manufacturing and carrozing companies of industrial passenger vehicles, appointed on a proposal from the associations representing them. 7. Four members, representatives of the railway undertakings, appointed on a joint proposal of RENFE-operator, FEVE and the associations of railway undertakings, and another one more designated on the proposal of the manager of railway infrastructures. 8. A counsellor, representative of non-regular air transport undertakings, appointed on a proposal from the associations representing them. 9. Two members, appointed by experts in terrestrial transport of recognized prestige. 10. A minimum of five members, appointed among members of the Administration, specialized in matters affecting the operation of the transport system. These members will have a voice, but I do not vote. At least two of them will be appointed on a proposal from the National Transport Conference or, by delegation from the National Transportation Conference, from the Commission of Directors-General for Transport of the State and the Autonomous Communities. Another of the appointees will be particularly qualified for their knowledge of the railway sector.

b) Section for Transport of Goods: 1. Six members, representatives of the public transport of goods by road, appointed on the proposal of the National Committee for Road Transport.

2. Three members, representatives of companies engaged in ancillary and complementary activities in the transport of goods, designated on the proposal of the National Committee for Road Transport. 3. advisers, representatives of the loading companies, appointed on a proposal from the associations representing them. 4. A counsellor, representative of the users, appointed by the Council of Consumers and Users. 5. Two members, representatives of the workers of the freight transport sector, appointed at the proposal of the trade unions representative in that sector. 6. Two members, representatives of the manufacturers of industrial goods vehicles, the carriage of such vehicles and the manufacture of trailers and semi-trailers, appointed on a proposal from the associations representing the " 7. A counsellor, appointed on a proposal from the Council of the Higher Council of Chambers of Commerce, Industry and Navigation. 8. Four members representing the railway transport companies, appointed on a joint proposal by RENFE-operator, FEVE and the associations of railway undertakings, and another one more designated on the proposal of the railway infrastructure manager. 9. A counsellor, representative of air freight transport undertakings, appointed on a proposal from the associations representing them. 10. A counsellor, representative of the shipping companies, appointed on a proposal from the associations representing them. 11. Two designated advisors among experts in terrestrial transport of recognized prestige. 12. A minimum of five members appointed among members of the Administration specialised in matters affecting the operation of the transport system. These members will have a voice, but I do not vote. At least two of them will be appointed on a proposal from the National Transport Conference or, by delegation from the National Transportation Conference, from the Commission of Directors-General for Transport of the State and the Autonomous Communities. Another of the designated persons shall be particularly qualified for their knowledge of the railway sector. "

seventeen. Article 36 (1) is worded as follows:

" In the cases of death, cessation or physical or legal incapacity of the person who met the requirement of professional training and who came to the effective management of the company, the company may continue its activity for a maximum period of three months, even if the person who effectively leads the person during that time does not comply with that requirement. In no case may it be possible to accumulate in the space of twelve months discontinuous periods in this situation which will add up to more than five months. "

Eighteen. Article 37 (c) is worded as follows:

"To have been sanctioned by the commission of infractions in the field of transport in the terms mentioned in the following article."

nineteen. Article 38 is worded as follows:

" 1. For the purposes referred to in point (c) of the preceding Article, the persons running a business are deemed to have lost the requirement of good repute when it has been sanctioned, by means of a decision to terminate the (a) By the Commission for the infringement as defined in Article 140 (5) of the LOT.

b) By the commission of two or more infringements of the typified in paragraphs 1, 2, 3, 4 and 6 of Article 140 of the LOT, in the period of 366 days. (c) by the commission of three or more infringements of the provisions of Article 140 (15), (16), (17) and (18) of the LOT, in the period of 366 days.

2. The period for which the requirement of good repute shall be deemed to be lost shall be five years in the case referred to in point (a) of the preceding paragraph and three years in the case referred to in points (b) and (c).

3. The loss of the honorability requirement for the causes outlined in this article will occur in relation to all persons who perform the effective management of the offending company. However, without prejudice to the requirement of liability under the terms laid down in Article 138 of the LOT, the loss of good repute shall not be incurred in respect of the persons referred to in the preceding paragraph where they justify the loss of the relevant infringements are not directly imputable to them, nor on the basis of the functions and responsibilities which, as the company's directors, correspond to them. Such justification shall in no case be assessed in relation to persons through whom the undertaking fulfils the requirement of professional training. '

Twenty. Article 41 is worded as follows:

" 1. For the transport of goods or passengers by road, both public and private, as well as ancillary and complementary transport activities, it is necessary to obtain the corresponding administrative title. enabling for the same.

2. By way of derogation from the above paragraph, it shall not be necessary to obtain the enabling title, without prejudice to the provisions of the following paragraph and to the obligation to comply with the rules for the management of transport. are applicable to the performance of the following transport classes:

(a) Private private transport as defined in Article 101 of the LOT and 156 of this Regulation.

(b) Public or private transport carried out on vehicles of less than 3 wheels. (c) complementary private transport of passengers carried out on passenger cars, except in the case of health transport. (d) complementary private transport of goods carried out on vehicles of up to 3.5 tonnes of maximum authorised mass, including. (e) Public transport of goods carried out on vehicles of up to 2 tonnes of maximum authorised mass, inclusive. The abovementioned maximum permissible 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. (f) complementary public and private transport of passengers and goods which are made entirely in closed enclosures engaged in activities other than land transport, except in cases where, in the event of The Committee of the Regions, the Committee of the Regions, the Committee of the Regions, the Committee of the Regions, the Committee of the Regions, the Committee of the Regions, the Committee of the Regions, the Committee of the Regions authorisation. (g) Official transport. (h) Additional private transport by agricultural tractors. (i) Transport of luggage in trailers carried by vehicles intended for passengers. (j) Funeral transport carried out on specially equipped vehicles for this purpose. (k) Transport of waste and filth carried out on vehicles specially fitted for this purpose or which, in any case, have been acquired for this purpose by the local authority concerned. (l) Transport of precious goods, values and goods, carried out on specially equipped vehicles for this purpose. (m) Transport of medicinal products, medical equipment and equipment, and other necessary items in cases of emergency aid, and in particular of natural disasters.

3. By way of derogation from the above paragraph, the Minister for Public Works may require the undertaking to obtain an authorisation for the performance of public transport provided for in the same subject as for its volume or impact. generic to carry out the type of transport in question granted in the form provided for in Article 92 (1) (a) of the LOT and which is valid for carrying out transport with any number of vehicles. The granting of such authorisation shall be watered down and no quantitative restrictions may be imposed on it.

4. 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 they will need to be covered by any class-transport enabling titles, without prejudice to the authorisations which, where appropriate, come from, in accordance with the provisions of the legislation on road traffic, road traffic and road safety weight or dimensions of the vehicle concerned. 5. Enabling securities shall take the form of administrative authorization granted to the natural or legal person who holds the business. However, the permanent regular public transport of passengers for general use, other than those provided for in Article 100 of this Regulation, shall, in principle, be provided under the appropriate administrative concession. be used equally, any other form of indirect management provided for in the legislation of administrative procurement, where the competent body so decides for reasons of public interest which must be duly justified in the timely file. The body in each competent case shall determine the modality through which the activity of the transport stations, whether of passengers or goods, and of the information centres and distribution of public charges to be managed shall be carried out. in indirect form. '

Twenty-one. Article 43 is worded as follows:

" 1. Without prejudice to the consequences, where appropriate, of a place within the meaning of Title VI of this Regulation, where the Administration finds that the requirements laid down are not met, it shall, on its own initiative, suspend the (a) to the extent that a mismatch between those and the actual circumstances of the undertaking occurs, by communicating it to the holder. Such suspension, which shall involve the delivery to the Administration of the documents referred to in the securities concerned, shall be maintained until the non-compliance found has been remedied. However, if such a remedy has not been carried out before, the competent body shall cancel the corresponding qualifying titles on the occasion of the nearest visa which, in application of the provisions of the Article 46, corresponds.

2. For the purposes referred to in the preceding paragraph, where the non-compliance with the requirement in question has been detected by the Land Transport Inspection Services, they shall inform the competent authority for the granting of the (a) the title of the title concerned, which shall immediately be suspended. Where the loss of the requirement is established by the bodies responsible for the granting and processing of securities or the holding of the General Register of Carriers and Companies of Auxiliary and Complementary Activities of the Transport must be brought to the attention of the Land Transport Inspection Services immediately so that, if appropriate, the appropriate sanctioning procedure is initiated in accordance with the provisions of paragraphs 2 and 3 of the Article 140 of the LOT. 3. As long as a company has suspended any enabling title, or copies thereof, for the reasons mentioned in this article it will not be able to obtain new titles or copies of the same class. 4. The suspension or revocation of the corresponding qualifying titles for any of the causes provided for in this article shall not give rise to any compensation in favour of the holder, producing, in case of revocation, the loss of the security when it exists. "

Twenty-two. Article 47 (4) is worded as follows:

" Heavy vehicle: motor vehicle specially equipped for the carriage of goods, the maximum authorised weight of which is more than 6 tonnes and the carrying capacity of which exceeds 3,5 tonnes. Tractor heads shall be considered to be heavy vehicles when they have a trailing capacity of more than 3,5 tonnes. '

Twenty-three. Article 48 is worded as follows:

" 1. Undertakings providing public transport services or ancillary or ancillary activities shall carry out their operation with full economic autonomy, managing them, in accordance with the conditions laid down in their case, to their risk and venture.

2. For the purposes referred to in the preceding paragraph, public transport services shall be carried out under the direction and responsibility of the carrier, transport intermediary, cooperative or marketing company which has hired as a carrier with the loader or user, which must be invoiced by the user in his own name. 3. In any event, the carrier who has contracted the performance of a public transport service, either with the effective user or with a transport intermediary, must carry it out with his or her personal and material means. own business organisation, using vehicles with their own traction capacity which they hold either in property, leasing, leasing, or through another legal form authorised by the Ministry of Public Works, which must be covered by enabling securities issued in the name of the same carrier, and be led, except in cases expressly excepted, by workers of his or her employer in employment. However, in application of Articles 76 and 97 of the LOT, carriers who receive transport applications which are in excess of those which they may be able to use with their own means may be able to assist them by means of cooperation. of other carriers, using the vehicles and drivers thereof, within the limits set out in Articles 85, 107.2 and 121 of this Regulation in relation to the different types of transport and subject to the following rules:

(a) The carrier who receives the user's transport demand shall contract with the user and invoice him in his own name, in the terms set out in paragraph 2 of this Article.

In the accounting documents of the company that has used the collaboration of other carriers, the contracts addressed in this way must be distinguished in a differentiated way, identifying the companies contributors and the volume of transport carried out by each one. (b) The contributing carrier must have the enabling title which, if appropriate, is required for the transport in question. The companies which have lent their cooperation to other carriers will have to reflect in their accounting documents in a differentiated manner the transports carried out by this route, identifying the companies to which they have lent their collaboration and the volume of transport carried out for each of them. (c) The obligations and administrative responsibilities of the carrier shall correspond to the contributing undertaking, under the authority of which the transport is carried out and which materially executes it. The carrier that received the user's transport demand will be responsible to the Administration for the obligations and responsibilities of the transport agencies, and those that are own of the carrier in front of the user who with the has contracted the service. (d) in letters of transport or other documents reflecting the conditions agreed in the relevant contracts for the carriage of goods, as well as in the control documents which, where appropriate, are required to be issued in respect of Each transport operation must include both the carrier and the carrier which contracts in its own name with the user, as well as the cooperating company through which the service is provided. (e) In the case of passenger transport, the contributing undertaking must reflect in the road book of the vehicles which it uses which the service is being provided on a partnership basis, quoting the carrier to whose demand it is made. In the case of permanent regular transport of general use, the circumstances of the collaboration shall also be reflected in those other control documents which the Minister for Public Works determines where appropriate. For an adequate administrative control of the cooperation carried out between carriers, the Transport Inspectorate shall not be limited to the comparative and cross-examination of the data of the undertakings which have used and provided the collaboration, It shall also examine the capacity of the undertakings inspected to carry out their own vehicles with their own vehicles in a given period. '

Twenty-four. Article 50 (1) is worded as follows:

" The internal organisation and operation of the Register referred to in the previous article shall be governed by the principles and rules laid down in its Rules of Procedure, which shall, for that purpose, be approved by the Ministry of Public Works, by Order of the holder of the Department.

In any case, the record shall have at least the following sections:

a) Carrier companies.

(b) Enabling authorizations for the conduct of discretionary transport and ancillary and complementary activities of transport. (c) Concessions and enabling authorizations for the conduct of regular transport of general use. (d) Training for the pursuit of the activity of transport operator and ancillary and complementary activities. (e) Drivers of non-European Union countries providing their services to Spanish companies. f) tachograph cards. (g) Safety advisers in the transport of dangerous goods. (h) Infractions and penalties. "

Twenty-five. Article 52 is worded as follows:

" 1. The qualifications enabling the performance of the transport services and activities covered by this Regulation may be awarded directly to the associated cooperative entities, provided that they meet the requirements of the in Article 42.

2. Persons who are part of an associated cooperative work of transport or ancillary or complementary road transport activities, as referred to in Article 60 of the LOT, shall not be able to obtain personally, as long as they form part of them, enabling administrative titles corresponding to the activity carried out by the cooperative, and must transmit to it all those who, if necessary, previously owned or renounced the same. Where the administration finds that the partner of an associated cooperative has obtained one of the aforementioned enabling securities while it was part of the cooperative, in contravention of the above, it must act in accordance with the provided for in Article 43. 3. The associated worker cooperatives shall have, for the purposes of the rules of transport management, the consideration of carriers or of the ancillary or complementary activity to which they are engaged in each case, the same rights and obligations as the rest of the companies. To this end, they shall contract and invoice their clients on their own behalf, in accordance with the terms of Article 48. 4. The associated worker cooperatives must forward to the partners who cease to be part of them the enabling titles which, if any, they would have transmitted to them at the time of their incorporation, provided that they so request and comply, at the time of the abandonment, with all the legal and regulatory requirements required to enable the transmission by the cooperative of the enabling title concerned to be in favour of the partner who abandons it and that the conditions required to acquire ownership. Otherwise, the partner who ceases to be part of the cooperative shall have the right to be compensated by the cooperative, in terms that, to that effect, point out its own statutes "

Twenty-six. Article 54 is worded as follows:

" The functions of collaboration of the business sector of road transport with the Administration provided for in the legislation in force, as well as the participation in the National Committee of Transport by Road in representation of this sector, shall be reserved for professional associations of carriers and undertakings of auxiliary and complementary activities of road transport legally constituted as representing a representation significant. "

Twenty-seven. Article 55 is worded as follows:

" 1. The representativeness, for the purposes of their collaboration and participation in administrative functions, of the professional associations of carriers and of undertakings of ancillary and complementary activities of road transport, shall be recorded. in the Register referred to in Article 49. Such representativeness shall be established in relation to each of the different classes or modes of road transport or ancillary or ancillary activities of which they constitute a section or subsection in the National Committee of the Road transport, which is determined on the basis of the following criteria: (a) For each type or mode of transport, the representativeness shall be determined on the basis of the number of undertakings which are members of each association and the number of authorisations referred to in respect of the vehicle, or of certified copies of the authorisation referred to above. to the undertaking, as provided for in Article 113, of which, where appropriate, are the holders of the undertaking.

Identical rule will be followed to determine the representativeness of the association of vehicle lessors with driver. For the purposes set out in this paragraph, the representativeness of the urban transport associations of passengers by bus shall be determined by the number of undertakings member of each association and the number of vehicles intended for this mode of transport. transport to be the holders of those. In order to determine the representativeness of the international public transport associations of goods, account shall be taken of the number of companies member of each association and the number of international transport or copy authorizations authorised by the latter to be holders, whether they are Community licences or other bilateral or multilateral authorisations, provided that they have temporary validity for a plurality of journeys. With regard to bilateral authorizations for travel, they will be computed with a lower value than the previous ones, according to the weighting rules that the Minister of Public Works will determine. (b) The representativeness of associations of agencies, freight forwarders, distributors and non-driver vehicle lessors shall be determined on the basis of the number of associated undertakings provided with the corresponding enabling and/or the number of local headquarters and branches or auxiliary premises of which the premises are holders, which have been duly communicated to the Administration. (c) The representativeness of the associations not covered by the preceding letters shall be determined on the basis of the number of their member undertakings.

2. Except that the Minister of Public Works, in view of the variations that occur in the configuration of the transport market, especially with regard to the number of companies, titles and vehicles, on the proposal of the National Committee of the Road transport, set a different criterion, the representativities provided for in points (a), (b) and (c) of the preceding paragraph shall be measured according to the following formulae: (a) The representativeness of the associations referred to in point (a) of the preceding paragraph shall be equal to the sum of the number of associated enterprises, multiplied by 0,20, plus the number of authorizations and certified copies of these operators associated with the mode of transport or activity concerned, multiplied by 0,80.

(b) The representativeness of the associations referred to in point (b) of the preceding paragraph shall be equal to the sum of the number of associated enterprises, multiplied by 0,80, plus the number of local headquarters and branches from which the associated undertakings for the activity in question are holders, multiplied by 0,20. (c) The representativeness of the associations referred to in point (c) of the preceding paragraph shall be equal to the number of their associated undertakings.

3. For the purposes of determining the representativeness referred to in the preceding paragraph, the associations shall provide the administration with the relevant data and update them in the form and conditions which, for the purpose of facilitate and speed up the establishment of this representativeness, establish the Ministry of Public Works. "

Twenty-eight. Article 63 is worded as follows:

" 1. The Directorate-General for Road Transport shall forward a copy of the preliminary draft to each of the autonomous communities for which the service itinerary runs and shall agree to the opening of a period of public information for a period of thirty days, by announcing in the "Official State Gazette".

2. During the period referred to in paragraph 1, the preliminary draft shall be set out for free examination in the Directorate-General for Transport by Road and at the seat of the competent bodies of the autonomous communities concerned, and private individuals, transport undertakings, associations of carriers and other public and private entities may make the comments they deem appropriate. 3. With the opening of the aforementioned public information period, reports from the National Land Transport Council, the National Road Transport Committee and the affected autonomous communities will be collected. 4. Finished the period of public information, and within the next 15 days, the affected autonomous communities will issue their reports, referring them, together with the observations submitted to them by the individuals, to the Directorate General of Transport by Road. The National Council for Land Transport and the National Committee for Road Transport shall also issue their reports within that maximum period. 5. After the period laid down in the previous paragraph, the Minister for Public Works, acting on a proposal from the Directorate-General for Transport by Road, after technical, economic and legal assessment of the arguments presented and the reports issued, shall decide on the origin of the service, as well as the relevance of any amendments to the preliminary draft initially formulated, and shall, where appropriate, approve the project which shall serve as a basis for the specification in accordance with which the operation of the service is to be awarded. 6. If, during the processing of a new service, it is alleged that another formula exists, among those provided for in this regulation, that it is more appropriate to meet the transport needs that are intended to be covered, such as the modification or the unification of pre-existing concessions or the provision of services of two or more concessions with the same vehicles without continuity solution, expressly requesting the alternative adoption of such a solution, the Administration will resolve at the same time on this request and on the origin of the new service, without the opening of an independent procedure is necessary. In any event, if, during the procedure followed for the establishment of a new service, it is justified that the unification or modification of pre-existing concessions is a more appropriate alternative, the Administration may agree to by the end of the proceedings initiated. In this case, the balance of the economic assumptions which were regarded as basic in the award of the concession to be amended must be maintained in accordance with the terms laid down in Article 77.3, where this is established in the present case. rules of general character for the type of amendment concerned. "

Twenty-nine. A new paragraph 4 is added to Article 64 with the following wording:

" The prohibition of the establishment of matching traffics in the creation of new services will not affect those who believe themselves as a consequence of the extinction of a previous concession in which they are already included. "

Thirty. Article 65 (1) (d) is worded as follows:

"In the cases referred to in paragraphs 3 and 4 of the previous Article."

Thirty-one. Article 67 is worded as follows:

" The duration of the concessions, which may not be less than six years and not more than 15 years, shall be established in the concessional title in accordance with the characteristics and needs of the service. Account shall also be taken of the volume of traffic, potential benefit and other circumstances arising from the economic survey of the holding. '

Thirty-two. Article 68 is worded as follows:

" 1. The tendering procedure shall be followed for the granting of concessions for permanent regular services for general purpose travellers. This competition will be convened and resolved by the Directorate-General for Road Transport.

2. The competition will serve as a basis for the technical, economic, technical and administrative specifications of the project approved by the Administration, including the specifications that the Directorate General for Transport The Road considers appropriate to introduce in order to better satisfy the public interest, provided that they respect the forecasts of the approved project. 3. The following extremes shall be included in the specification:

1. The traffics to be met, as defined in the same article in Article 64 (1).

2. The corresponding itineraries, defined by the roads through which the service runs and the population centers in which stops are made to take and leave travelers. 3. The timetable of service delivery and the minimum number of expeditions to be performed. 4. The number of vehicles which, at least, must be attached to the provision of the service, which may be included in order to meet the intensity of traffic, or the minimum number of transport places to be offered, with specification, where appropriate, of the technical characteristics or the category of vehicles to be used, in accordance with the classification of vehicles which the Minister for Development has adopted to this end in the light of his technical characteristics and of comfort. In particular, the conditions required to facilitate the use of vehicles by persons with reduced mobility shall be determined. 5. The facilities which, where appropriate, are necessary. 6. The deadlines for compulsory replacement of vehicles and installations. 7. The tariff regime of the service. 8. The undertaking of the undertaking would not be excluded from the arbitration of the Arbitration Boards of Transport in disputes which, in relation to the contract of transport, may be raised with the users of the service, when such arbitration is (a) the Commission is required to do so in accordance with Article 9. 9. The term of the concession. 10. The other economic or technical circumstances of the service. "

Thirty-three. Article 69 (1) (a) is worded as follows:

" Essential conditions, which must be respected by the various offers, which will not be able to introduce variations in them; they must appear as such the traffics to be carried out, the period of duration of the concession, the commitment of the concessionaire not to be excluded from the arbitration of the Arbitration Boards of the Transport when it is urged by the users and the other circumstances to which it is expressly attributed the essential character in the conditions.

The itinerary of the concession will also be of an essential condition, although the specification may include more than one itinerary. "

Thirty-four. Article 70 is worded as follows:

" 1. The contest will be announced in the "Official Gazette of the State", and will be indicated a period of not less than thirty days for the presentation of proposals, which must be addressed to the Directorate General of the Transports by Road.

2. Undertakings which, having been registered in the Official Register of Companies classified in the terms laid down in the law on public administration contracts, may participate in the competition shall meet the requirements laid down in the Article 42 and those expressly laid down in the contract documents and having their justification in the service characteristics determined by the project which served as the basis for the project. A number of undertakings may also be jointly involved in making a single offer, provided that they formally acquire the undertaking to constitute, in the event of the selection, a legal person listed in point (a). Article 42.1 to which the final award would be made, without it being necessary for such undertakings to establish a temporary union or any other form of business collaboration before such a selection had been made produced. However, without prejudice to the provisions of Article 80 of the recast of the Law on Public Administrations, approved by Royal Decree-Law 2/2000 of 16 June, none of them may, individually or together with others, alternative offers in the same competition, with each of the companies participating in the joint bid being precisely identified. Two separate legal persons may not submit tenders for the same contest where one of them is the holder of more than 50% of the other's share capital, or where the same person, whether natural or legal, holds more than 50% of the capital of the other of the social capital of one and the other. The infringement of the rules contained in the preceding two paragraphs shall result in the inadmissibility of all the proposals entered into or entered into by any of the undertakings concerned. '

Thirty-five. A new paragraph 3 is added to Article 71 with the following wording:

" When the competition has been called as a result of the extinction of a previous concession, it will not be necessary for the contestants to include in the first one on the economic study justifying the tariff that propose. "

Thirty-six. Article 72 (4) is worded as follows:

"The Bureau of the Competition shall forward the documentation submitted with the support of the applications admitted to the Directorate-General for Road Transport which, after appropriate studies, shall make the proposal for the award."

Thirty-seven. Article 73 (2) is worded as follows:

" Each component of the offering shall be valued by virtue of its importance for the provision of the service.

In particular, it will be the object of this assessment the concretions that on tariffs, frequency of expeditions, characteristics and antiquity of the vehicles and installations, commitment to absorb the staff of the old where appropriate, the quality and safety of the service shall be carried out by the various tenderers. The specifications of each contest will establish objective modules for the assessment of the various offers, and the Minister of Development may establish rules and general details to the effect. "

Thirty-eight. Article 74 is worded as follows:

" 1. Once the provisional award of the concession has been made in accordance with the provisions of the preceding Article, the successful tenderer shall have to prove within three months, unless the contract documents determine a different one, the compliance with all the requirements necessary for the provision of the service which have not been required in the course of the competition, as well as the establishment of the final security of the service by any of the modalities referred to in the Article 71. The amount of such security shall be equivalent to 4% of the annual collection provided for in accordance with the elements contained in the tender offer.

Within that period, the successful tenderer shall communicate to the authority the following extremes:

(a) The relation of the vehicles, identified by their license plates, that will be attached to the concession.

(b) The timetable and table of schedules according to which the concessional expeditions are to be carried out. (c) the specific geographical location of the points of origin and stops of the services, including those which are carried out to deal with the traffic in the concession, and those which are purely technical in nature. The stopping points to be carried out on urban or urban land, as well as their modification, shall be determined, subject to the report or proposal of the City Council concerned, with a hearing of the concessionaire and the impact on the performance of the the services included in the concession and in urban traffic. The stopping points shall be identified by their postal address, when they are on urban land, or by the name of the particular infrastructure and point-kilometres in which they take place, where this is not the case. In the case of a passenger transport station, this shall be stated, as well as the public or private nature of the passenger transport station and its ownership.

The data thus communicated by the provisional tenderer shall be annexed, subsequently, as a document annexed to the concessional title which is formalised in accordance with the provisions of this Article.

The period referred to in this paragraph may be exceptionally extended for up to three more months, where the administration considers that this is sufficiently justified. 2. Accredited such extremes by the successful tenderer, the Administration shall proceed to the final award of the concession. However, in accordance with Article 146.5 of the LOT, the payment of the financial penalties referred to in that Act, imposed by any cause by means of a decision terminating the administrative route, shall be a necessary requirement. for the final award to be made. If the successful tenderer does not constitute the final bond, it does not provide proof of compliance with any of the requirements necessary for the provision of the service or does not provide any of the information referred to in paragraph 1 within the time limit set out in that paragraph. determines, or waives the award, will forfeit interim bail and its adjudicatory rights. 3. The final award of the concession shall give rise to the formalisation of the relevant contract by administrative document, in accordance with the provisions of the legislation on administrative procurement. Such a contract shall constitute a concession contract, in which the conditions for the provision of the service are determined, adjusted to the tender specifications as amended in accordance with the tender of the successful tenderer. The effectiveness of the contract thus formalised will be conditional on the successful tenderer initiating the service within the time limit laid down in paragraph 5 of this Article, failing, if not, the final bond as well as his status as a concessionaire. The date of completion of the contract shall be the day from which the calculation of the concession period shall begin. 4. The final award of the service shall be published in the "Official Gazette of the State", with the essential conditions that identify it, the corresponding expenses being the account of the successful tenderer. The payment by the concessionaire of the costs incurred by such publication shall be a necessary requirement for the service to be provided for the purposes of this Article. 5. The concessionaire, unless expressly indicated in the terms of the contract, shall have a period of one month from the date of formalisation of the administrative contract in order to initiate the service. Such a period may be extended only if the final award of the award in the "Official State Gazette" for reasons attributable to the Administration has not been possible. To this end, the provision of the service may be considered to be initiated only if the body responsible for granting the concession provides a decision declaring it to be opened, in accordance with the terms laid down in Article 75. 6. Where the successful tenderer loses his rights as such in any of the cases referred to in this Article, the Administration, unless he decides to declare the contest to be deserted, shall award the service to the undertaking which submitted the tender. offer that got the best valuation after the initially chosen one. "

Thirty-nine. Article 75 (1) is worded as follows:

" The entry into operation of the concession service shall be recorded in the minutes which, on the day it takes place, shall be lifted by the Land Transport Inspection Services.

The issue by which the service is to be provided must be between the origin and the end of the concession, with all the stops, compulsory and technical, of the same. The minutes raised by the Inspection Services on the operation of the service shall include the following points:

(a) Adequation of the vehicles used to the conditions laid down in the concessional title.

b) Date, place and time of departure of the inaugural expedition. (c) Description of the route followed by the inaugural issue, identifying the different infrastructures for which it runs and indicating the specific geographical location of the point or the mandatory stopping points of the vehicles in the locations between which the traffic is carried out and, where appropriate, the technical staging points. (d) The time of entry and departure of the inaugural issue at each of the staging points recorded in accordance with point (c). (e) Place, date and time at which the inaugural issue ends. (f) Equation for the provision of the concessional service of the places of departure, completion and stop used during the expedition, with a brief review of the equipment and services that are available to the users. (g) Where appropriate, how many other observations or incidents the technician of the Acting Inspectorate considers relevant to be considered relevant in relation to the future provision of the concessional service.

In view of the content of the report raised by the Inspectorate, the granting body shall act as follows:

Where, in the minutes, the full adequacy of the service provided for in that first issue is recorded under the terms of the provision referred to in the concessional title, the decision shall be taken by means of the inaugurated the concession. Where, in the report, there are deficiencies attributable to the concessionaire which, in the opinion of the granting authority, may be reasonably remedied by the latter within a short period of time, the said body may issue a decision declaring the granting of the grant on condition that the deficiencies observed are remedied in a given period, which in no case may be more than one month. After the deadline set, the Land Transport Inspection Services shall check whether the deficiencies concerned have been remedied. Where this has been the case, the granting authority shall make a new decision confirming the effects of the opening statement contained in its first resolution. Otherwise, the concession may not be considered to have been opened, the effects provided for in Article 74 (3) and (5) being produced. To this end, the concessionaire shall be notified of this fact, inviting him to make any such statement as appropriate, before issuing the relevant decision. Where, in the minutes of the Land Transport Inspection Services, there are deficiencies attributable to the concessionaire which, in the opinion of the granting authority, could not be remedied in the short term, the concession shall not be declared open, without the actions carried out to interrupt the calculation of the time limit laid down in Article 74.5. To this end, the concession holder shall be notified of such circumstances, inviting him to make any such statement as appropriate, before issuing the relevant decision. '

Forty. Article 77 is worded as follows:

" 1. The Administration, on its own initiative or at the request of the users, may agree, justifying the general interest and after hearing the concessionaire, of any changes to the conditions of benefit provided for in the concessional necessary or convenient to improve the service.

2. The Administration may also authorize, in accordance with the provisions of the following Articles, any changes to the conditions of benefit provided for in the concessional title requested by the concessionaire. However, the concessionaire may not apply for such modifications until three years have elapsed since the initial formalisation of the said title, or two since its last amendment, or where a period of less than two years is lacking for the termination of the concession period. In accordance with Article 146.5 of the LOT, the payment of the pecuniary penalties referred to in that Law, imposed by any cause on the concessionaire by means of a decision terminating the administrative route, shall be a requirement. necessary for the performance of any modification of the conditions for the provision of the concessions for which it is a holder. 3. The variation of the conditions laid down in the concessional title will require the modification of the concessional title, by formalizing the corresponding administrative document, in all cases in which it is stated in this regulation. In the modification of the concessional title, the balance of the economic assumptions that were considered as basic in the award of the concession should be maintained. To that end, such an amendment shall, in any event, give rise to a general review of the conditions referred to in the title, in order to ensure that the relationship between the costs incurred by the operation of the concession and its tariff in the The time before the modification is the same as in the later. 4. The requirements set out in this article shall not apply in relation to the modification of the relationship of the vehicles attached to the concession, the timetable and schedule of the concession and the geographical location (a) a specific reference to the points of origin and service of the services which, in accordance with the provisions of Article 74.1, shall not be included in the concessional title itself, but in a document annexed thereto. '

Forty-one. Article 78 is worded as follows:

" 1. The provision of the service shall be in accordance with the authorised traffics and the itinerary indicated in the concessional title.

The modification of such traffic and itinerary may be agreed by the Administration either on its own initiative or at the request of the users, or at the request of the concessionaire, resulting in the effect of the provided in the previous article. 2. Changes to the traffic in the concession shall be considered:

(a) The extension of the traffics provided for in the concessional title consisting in the incorporation of new relationships by extensions of the route of the concession.

b) The performance of traffics within the itinerary of the concession not originally foreseen in the concessional title. (c) the removal or segregation of traffics established in the concessional title.

3. The total or partial replacement or modification of the itinerary laid down in the concessional title, consisting of the use of different infrastructures, must also be approved by the Administration even if none of the amendments referred to in the previous paragraph.

Without prejudice to the fact that the variation in the itinerary referred to in the concessional title must be accompanied by the change in the terms referred to in Article 77.3, it must be clearly established in the documentation annexed to that title the new timetable and timetable of expeditions, when these have to be altered as a result of the use of the new itinerary. Where the shipments made by the new route do not cover all the traffic in the concession, the administration must ensure that there is no manifest disproportion between the number of those who are supplied by one and the other itinerary and prevent the exclusive use of only one of them in the most demanded schedules. "

Forty-two. Article 79 is worded as follows:

" Where the concessionaire requests the modification of the traffics indicated in the concessional title, his application must be accompanied by a supporting memory of the proposed modification, with expression, in his the population data of the localities and of the affected area to be included or removed in the itinerary of the concession, plan and description of the new routes, with an indication of the services with which the route takes place some coincidence, forecast of the modifications in the number of users, impact economic and tariff, justification for the availability of the material resources necessary for the exploitation and the others which, as they are necessary for the adoption of the decision, determine, if necessary, the Minister of Development. The same circumstances shall be recorded by the Administration in the appropriate file when it is opened ex officio.

The Directorate-General for Road Transport will agree to open a public information period of at least 15 days and, at the same time, seek the report of the affected autonomous communities, of the Council. National of Land Transport and the National Committee for Road Transport, which must be issued within 15 days, and then be resolved. "

Forty-three. Article 80 is worded as follows:

" 1. The amendments to the concessions which consist of the inclusion of new traffics not provided for in the concessional title will, in any case, be subordinated to the observance of the rules on the prohibition of matches with pre-existing services. laid down in Articles 64 and 65.

The approval of modifications that consist of the incorporation of new traffics will be conditioned to that it is justified that these lack of own entity to constitute an economic exploitation The Commission has also proposed that the Commission should take into account the Commission's proposal. 2. New traffics shall be deemed to be without their own entity justifying their establishment as an independent service where the objective impossibility of their profitable exploitation is established, or where the rate to be reported In order to be profitable, it would be manifestly higher than that which would be applicable, in accordance with the provisions of the second paragraph of Article 77.3, if such traffics were included in the pre-existing concession. If there are doubts on the part of the Administration in relation to the extremes referred to in the preceding paragraph, the new traffic may be treated as an independent service, with the authorization of modification conditional on the contest is deserted, or where, where appropriate, it is to be awarded at a rate equal to or higher than that which would result from its inclusion in the pre-existing concession. '

Forty-four. Article 81 is worded as follows:

" 1. Dealers shall be obliged to provide the service in accordance with the timetable, the dispatches and the schedules indicated in the concession title and in the documentation annexed thereto.

2. The calendar of a service shall be established by the ratio of the days of the week, month or year in which it shall be provided. 3. The expeditions shall be the set of independent circulations with differentiated hours made between all or part of the population cores communicated by the service. For systematic purposes, it shall be referred to as a route to the set of dispatches of a concession covering identical traffics. 4. The timetable shall be determined by the hours of arrival and departure indicated for the various expeditions at each of the stopping points in which passengers are taken or left. 5. The timetable, the dispatch ratio and the schedules of the services shall be made available to the public at the passenger stations and at the premises of the undertaking in which tickets are dispatched for the dispatch or dispatch of be treated. Dealers should facilitate the proper dissemination of such data by means of the most appropriate means. 6. The dealers shall be obliged to provide the Directorate-General for Transport by Road with the data relating to the operation of the service which the Minister of Public Works determines, as well as, on time, those other than The Directorate-General of the Directorate-General

Forty-five. Article 82 is worded as follows:

" 1. Where there are objective reasons to justify this, the Administration may, in the case of the concessionaire, make compulsory changes to the timetable, number of dispatches and timetable of the service.

2. Unless a different regime is expressly provided for in the concessional title, the modifications to the calendar, number of dispatches or hours made by the concessionaire shall comply with the following rules:

Changes in schedule or schedules, as well as the permanent increase in the number of expeditions initially set out in the concessional title, must be communicated by the dealers to the Administration with a minimum of 15 days ' notice, which may be prohibited or limited at any time for reasons of general interest duly justified, to be made explicit. This communication will not be necessary when it comes to the conjunctural increases of expeditions to meet points of demand.

The reduction in the number of expeditions that will result in a decrease of the amount established in the concession title must be previously authorized by the Administration, resulting in the application of the provisions of Article 77. In any other case such a reduction may be carried out in accordance with the above paragraph. The amendments referred to in this paragraph shall, in any event, give rise to the amendment of the documentation annexed to the concessional title in so far as it has been affected.

3. The communications and requests for modification referred to in this Article shall be documented with a supporting document and any other documentation shall be determined by the Minister of Development as necessary for the adoption of the decision. from.

The amendments referred to in this Article may only be implemented after seven days after they have been announced to the public by the concessionaire, without such announcement being made. prior to compliance with the time limits laid down in the preceding paragraphs, or to the authorization of the Administration in cases where it is mandatory. "

Forty-six. Article 83 is worded as follows:

" 1. The minimum number and the capacity of the vehicles to be attached to the provision of the concession service, or the minimum number of places offered and the technical and safety conditions to be laid down, shall be determined in the concessional title. to assemble such vehicles, as well as their maximum age and other requirements, in accordance with the circumstances of the traffic to be met.

To this end, the Minister of Public Works, with a general character, or the corresponding concessional titles, individually, may require the concessionaire to prove that the vehicles to be attached to the the concession corresponds to a particular category according to classifications expressly laid down for that purpose or which, where appropriate, are commonly used in the field of road passenger transport. 2. The contracting authority of the service shall communicate to the Administration, before the formation of the concessional title, the specific vehicles assigned to the concession. Such vehicles, of which the undertaking must be provided under one of the securities referred to in Article 48 (1) of this Regulation, must meet the technical and capacity conditions laid down in the concession contract. The concessionaire shall also inform the Administration, where appropriate, of the change in the vehicles attached to the concession before making it effective. Vehicles assigned to replace the former shall also be subject to the conditions of the concessional title. The modification of the number of vehicles established in the concession or category, number of places or technical and safety conditions must be authorized by the Administration, which may also impose it on its own initiative, application of the provisions of Article 77 where such modification involves a reduction in the number of vehicles or a reduction of the conditions set out in the concession. 3. The same vehicle may be used in various concessions of the same holder, and shall be attached simultaneously to them, when such joint attachment is expressly authorized by the Administration for being compatible with the the provision of all or part of the services of those in accordance with their respective timetables, schedules and expeditions. 4. Without prejudice to the foregoing paragraph, or to the attachment of specific vehicles, where the holder so informs the Administration and is not prohibited by it or establishes limitations in this respect, a concession may be (a) being treated using any of the vehicles from which the concessionaire is a holder, provided that they comply with the conditions laid down in the concessional title. Such indistinct use may be extended, where appropriate, to the fleet of vehicles of other undertakings where one of the following three conditions is met:

a) That such companies be the holders of more than 50 percent of the social capital of the concessionaire.

b) That the concessionary company be the holder of more than 50 percent of the social capital of such companies. (c) that the share capital of such companies as that of the concessionaire is of the same person, physical or legal, in more than 50 percent.

5. The use of vehicles provided for in the above two paragraphs may not in any event consist of the joint provision without a continuity of the services corresponding to several concessions, which may be authorised only on the basis of as provided for in Articles 90 and 91.

Services provided as provided for in this Article by means of vehicles not attached to the concession shall be considered, both for the purposes of the relevant private legal relations and the obligations and administrative responsibilities, provided by the concessionaire, considering that the vehicles transferred by other carriers are integrated into their business organisation. 6. In any case, the vehicles which provide the services of a concession must be marked, as determined by the Minister of Public Works, in order to facilitate the immediate identification of the latter. "

Forty-seven. Article 84 is worded as follows:

" The concessionaire must have an enabling authorization for the conduct of discretionary passenger transport that will cover the vehicles assigned to the concession. The use of such vehicles in services other than concessional services shall in any event be conditional on the correct provision of such vehicles.

By way of derogation, it shall not be compulsory to have the enabling authorisation for the conduct of discretionary transport where this is provided for in the concessional title, in accordance with Article 68.2 of the LOT. '

Forty-eight. Article 85 is worded as follows:

" 1. In order to deal with traffic intensities which cannot be met by vehicles attached to the concession, other non-attached vehicles may be used, either the concessionaire or the driver may have been transferred to them by other vehicles. carriers by way of collaboration. Such vehicles must be covered by the relevant discretionary transport authorisation and must comply with the conditions laid down in the concessional title for those assigned to the concession.

Exceptionally, where it is not possible for the concessionaire to take care of traffic intensifications by means of vehicles which meet the minimum conditions required by the concessional title, it may be used by others, they are themselves or others, of lower status or characteristics, but in such cases it shall be compensated for the users who have to travel in them, in accordance with the rules which the Minister of Public Works determines for that purpose. The use of vehicles not attached to the concession provided for in this Article may be carried out only by means of reinforcement, and consequently, at least one vehicle belonging to the members of the vehicle shall be used on each issue. 2. The volume of traffic measured in vehicle-kilometres served by vehicles not attached to the concession shall not exceed 30 per cent of the total traffic in the annual calculation, except where the concessional title either initially or by means of a Subsequent amendment formalised in the terms referred to in Article 77.3, points out a different limit in respect of special circumstances which so warrant, relating to the seasonality or irregularity of the demand addressed. Where the percentage is exceeded for two consecutive years, the granting authority shall amend the concessional title by increasing the number of vehicles which must be attached to the concession in the appropriate proportion of the compliance with the rules referred to in Article 83.2. 3. The service shall in any event be considered, both for the purposes of the corresponding private legal relations and the obligations and responsibilities of an administrative nature, provided by the concessionaire of the regular service, the vehicles transferred by other carriers referred to in this Article integrated into their organisation. 4. The use of vehicles of other carriers by way of collaboration provided for in this Article may not cover the joint provision of services of different concessions without a continuity solution, unless authorization is obtained referred to in Article 90. 5. For the purposes of monitoring the provisions of paragraphs 2 and 3, the Minister for Public Works shall lay down the rules on the basis of which the following obligations shall be fulfilled:

(a) Without prejudice to the control measures provided for in Article 48.3, dealers shall be obliged to inform the Administration of the data relating to the use of vehicles not attached to the concession.

(b) Where concessional services are provided by means of vehicles of a carrier other than the concessionaire, the legal relationship on the basis of which they are used must be justified.

6. The provisions of this Article shall not apply to the cases covered by 83.4. "

Forty-nine. Article 86 is worded as follows:

" 1. The permanent regular public transport services of general travellers shall be provided with due respect for the fares set out in the concession title, with any updates which have taken place since the initial formalisation or since the last modification of that.

Unless otherwise specified in the concessional title, the rates mentioned in this one will have the consideration of maxims, thus being able to charge the concessionaire to the users any price less than those. However, where the concessionaire receives any kind of financial assistance from the Administration for the maintenance of the service concerned, he may apply only lower rates than the maximum rates indicated in the concession or application any gender of discounts or rebates to users, giving account, at least 15 days in advance, to the Administration, which may prohibit or limit them. 2. The tariff regime for the concession may be established:

a) By means of a single travel-kilometer rate for all services and expeditions of the concession.

b) By means of different rates of travel-km specific to each of the services and expeditions of the concession, or part of them. c) Through a special travel-kilometer rate for those services that for their convenience, quality, complementary services or other circumstances require it. (d) by means of zonal rates per traveller for each area in which the services of the concession are carried out, regardless of the number of kilometres made. e) By means of travel fees for all the services of the concession, regardless of the kilometers made.

3. In the cases referred to in points (a), (b) and (c), the price of the ticket for each journey shall be that resulting from multiplying the rate established by the distance in kilometres between the points of origin and destination, and may be applied where appropriate. Authorized rounders. It may also provide for a minimum level of perception of any distance travelled.

4. In inter-urban lines which have urban traffic matching those of other municipal competition services, the corresponding individual rates for such traffic may not be lower than those of the municipal urban service, except the granting authority, for duly justified reasons, authorises otherwise, subject to the favourable report of the entity having the jurisdiction over the matching urban service. 5. At the request of the concession-holder, the Administration may authorise the establishment of separate dispatches of the ordinary ones in which the travellers are provided with additional or higher quality services than those provided for in the concession contract, whose rates will be freely fixed. The granting of such authorization shall be conditional on the possibility for all users who so wish to use the service on other expeditions in accordance with the conditions laid down in the concessional title and the prices to be guaranteed. referred to in this. The number of dispatches authorized in accordance with this paragraph shall not exceed 50% of those carried out on the same day with the same origin and destination, nor shall it exceed the ordinary of the most demanded schedules. The authorisation referred to in the preceding paragraphs shall not be necessary in the case of additional optional use services by users who are provided on ordinary expeditions and who are charged in a differentiated manner. only to the users who use them. "

Fifty. Article 87 is worded as follows:

" 1. Within the second quarter of each year, the Administration shall carry out a general review of the rates of regular inter-urban regular public services for the general use of road passenger transport by road grant, which shall comply with the following rules: (a) This revision shall be based on the modification of the prices calculated as the annual average variation of the data published by the National Statistics Institute in the previous calendar year of the consumer price indices (group general for the national assembly) on the same measure of the previous year (hereinafter ΔIPCmedio) and the modification of the number of passenger-kilometres made in each concession in the previous calendar year (hereinafter Vkmr) in relation to the same magnitude for the previous year (Vkmr-1).

For these purposes, the revision will be performed by calculating the coefficient C, using the expression:

C = 1 + IPCmedium − X, Where ΔIPCmedia will be expressed as per one with the corresponding sign and the value X is given by: X = 1/100 [(Vkmr − Vkmr-1)/Vkm r-1] Where Vkmr will refer to the calendar year preceding the year revision and Vkmr-1 a year immediately preceding that year, being in any case limited its value by the following formula expressed as a percentage: 0 ≤ X ≤ 1 The coefficient C shall be applied to the tariffs in force in each of the concessions (Tt-1) the revised tariff (Tt) for each moment is: Tt = Tt-1-C (b) The tariff revisions made in implementation The provisions of this paragraph shall not be subject to the regime laid down in Article 16 of Royal Decree Law 7/1996 of 7 June 1996 on Urgent Measures of the Fiscal and Promotion and Liberalization of Economic Activity.

The Ministers for Development and the Economy and Finance will be able to establish by joint order the specifications that, if any, they deem necessary for the execution of the provisions of this paragraph.

2. The lack of a concession by a concessionaire of the statistical data relating to a concession in the regulated terms will have as a consequence, irrespective of the sanctions to which it is legally applicable, that it does not review the rate of that concession until such a fault is remedied.

The omission, error or falsehood in the data referred to by the concessionaire will have as a consequence, regardless of the sanction to which, if any, there could be place according to the legal established, that, after the detection of those data, the revised tariff which would have been calculated taking into account such data, as well as all those which would have been approved subsequently, should be rectified. 3. For the purposes of accounting, undertakings holding concessions or authorisations for the regular public transport of passengers in general use shall treat each of them as a separate activity, managing it as an accounting division. independent, other than any other activity they carry out, whether or not related to the carriage of passengers. The Ministers for Development and Economic Affairs and Finance may, by joint order, establish the specifications which, if appropriate, consider relevant to the exact fulfilment of the provisions of this paragraph. "

Fifty-one. Article 88 is worded as follows:

" 1. The Administration shall take into account the need to compensate the concessionaire, provided that he so requests, for the public service obligations imposed upon him after the formalisation of the concession title and the the relationship between costs and charges referred to in this provision.

Where this is possible, such compensation shall be made through a modification of the rate of the concession, which shall be formalised in accordance with the terms of Article 77.3. If not, the compensation shall be carried out directly by the Administration. 2. In accordance with Article 19.4 of the LOT, in those urban, rural, weak-traffic concessions, or in those concessions that are special circumstances resulting from their lack of profitability, in whose concessional securities are initially entered or introduced later on the obligation of the Administration to subsidise or compensate for the operating deficit; shall make such compensation as set out in the securities referred to above. '

Fifty-two. Article 90 is worded as follows:

" 1. The Directorate-General for Transport by Road may authorise the use of the same vehicle for the purpose of jointly serving the traffic of two or more concessions with contact points in order to ensure that the services concerned are The same is provided without a continuity solution in the course.

For the purposes of this Regulation, it is only understood that there is a continuity solution in the provision of two services, where the transshipment of passengers takes place between one and the other. 2. For the granting of the authorization provided for in the preceding paragraph, the following requirements shall be met:

(a) that the concessions subject to the authorisation have in common a place of service where they may take or leave passengers in accordance with their respective concessional titles.

b) That the rules on the prohibition of traffics laid down in Article 64 be respected, so that the traffics taken care of without the solution of continuity cannot be matched with those already being other permanent regular services of general use pre-existing in a third concession. (c) The convenience of the provision of the service without a continuity solution in a comprehensive assessment, in which the interests of the dealers and the users of the services concerned will be taken into account, is credited. (d) the establishment of a permanent regular service of general new and independent general use to provide a unified service for the traffics intended to be provided without a continuity solution. (e) the unification of the concessions in respect of which the authorisation is sought does not apply, as the joint general operation of all or most of the services of the two parties is not appropriate.

3. In the granting of the authorization referred to in this Article and in the operation of the services performed under its protection, the following rules shall be taken into account: (a) The services provided under this authorization are a special form of cooperation between carriers, resulting in the application of all the rules referred to in Articles 48.3 and 85, with the exception of the provisions of the last subparagraph of paragraph 1 of the second of the Articles cited in relation to the need for the service to be provided by means of reinforcement.

b) The granting of the regulated authorisation in this article does not, in itself, imply any modification of the traffics of the concessions concerned. Where it is intended that the services provided without a continuity solution are intended not to be expressly included in any of the concessions, they must be modified, prior to the processing of the authorisation provided for in the this Article, in accordance with the rules and procedure laid down in Articles 79 and 80. c) The granting of the regulated authorization in this article does not imply, by itself, any modification of the calendar, expeditions, schedules or itinerary of the concessions affected. Where it is intended that the services provided without a continuity solution are to be carried out on schedule, schedule or itinerary which is not previously used in the concessions concerned, it will be necessary to amend those, in accordance with the procedure referred to in Article 82. (d) The granting of the authorization referred to in this Article does not alter the tariff rate of the concessions concerned, in such a way that the price charged to the users of the services rendered without a continuity solution will be the sum of the prices corresponding to the journeys made on the itinerary of each of the concessions, in accordance with their respective tariffs. (e) The performance of one or more dispatches serving the services of the concessions concerned without a continuity solution shall be binding in the terms set out in the relevant authorisation. Where the concessionaires decide to carry out a greater number of shipments without a continuity solution than those indicated in the authorization, they shall communicate to the Administration, together and at least 15 days in advance, that they intend to carry out, and may be able to establish, where appropriate, any limitations they deem appropriate. The same procedure shall be followed in the case of reducing the number of consignments made without a continuity solution which is provided, and the administration may cancel the authorization, after hearing the parties concerned, when understand that the reduction in the number of expeditions deprives that of actual content. (f) The authorisation shall be granted with a limited period of validity, which shall in no case exceed that of the end of the concession concerned to which the time of validity is reduced.

4. The validity of the authorization referred to in this Article shall be extinguished in the following cases: (a) When the period of validity for which it was granted ends.

(b) Where the holder of any of the concessions concerned expressly renounces the joint provision. (c) When the Administration, on its own initiative or at the request of a party, determines the origin of the establishment of a permanent regular service of new and independent general use in order to meet the affected traffics in a unified manner, corresponding contest in the terms set out in Rule 3 of the following Article.

5. The Administration may impose, under the same conditions as the above mentioned in this Article, the non-solution of the continuity of shipments corresponding to different concessions when, for reasons of general interest, it has urged the holder of one of them to increase the number of expeditions that he has been carrying out and this one is denied to it, provided that the express conformity of the other concessionaire is counted for the realization of the expeditions that are necessary. "

Fifty-three. Article 91 is worded as follows:

" The granting of the authorization referred to in the preceding article shall be processed in accordance with the following rules: 1. The application shall be made by the holder or holders of the corresponding concessions to the Directorate-General for Transport by Road, which, unless it has been heard by the applicants that it has access to it would be manifestly inappropriate, will carry out the handling of the appropriate file. This dossier must be obtained from the reports of the National Council for Land Transport and the National Committee for Road Transport, as well as the autonomous communities concerned, to be issued within a period of no more than 15 years. days.

2. 'Yes' to the actions referred to in the previous paragraph would lead to the desirability of the service being provided without a solution of continuity and the inappropriateness of establishing it independently, In the light of this, the profitability of this and the impact of its establishment on the existing lines, as well as the inadequacy of the joint general exploitation of the concessions, will be granted the authorization requested, the conditions for the provision of the service. 3. If, after the processing of the file, doubts remain about the origin of the service as independent or the profitability of the service at a rate equal to or below the prices that would result from the application of the referred to in point (d) of Article 90.3, the Administration may contest its award, with the authorization of the joint provision without a solution of continuity conditional on the contest being deserted or, where appropriate, to be awarded at a higher rate than the above. '

Fifty-four. Article 92 is worded as follows:

" 1. The administration, on its own initiative or at the request of a party, may agree to the unification of two or more independent concessions for the purpose of the services being provided under the enterprise unit scheme.

The inclusion of a concession in a unification procedure will only be possible from the end of three years of its term of validity and will cease to be so when fewer than two are missing for the completion of the that. In accordance with Article 146.5 of the LOT, the payment of the pecuniary penalties referred to in that Law, imposed by any cause on the concessionaire by means of a decision terminating the administrative route, shall be a requirement. necessary for a procedure for the unification of concessions to be initiated at the request of the holder. 2. Unification shall be carried out in accordance with the rules governing the establishment of new services in this Regulation, giving a hearing to the holders of the concessions concerned, after the general period of public information, when the unification is automatically called for by the Administration. 3. The unification agreement shall be deemed justified only where it is established in the appropriate file that the joint general operation of the above services helps to rationalise the operation of the services or the general network of transport, without, in any event, a worsening of the conditions under which the service is offered to the majority of the users concerned, in a comprehensive assessment. 4. Where the unification of concessions is carried out, the Administration may make the modifications to the operating conditions which are necessary for a more appropriate service provision, in accordance with the characteristics of the unified concession. However, only trade-related traffic which is not included in any of the concessions which are made available may be authorised when the infeasibility or infeasibility of establishing a new independent service and the establishment of a new independent service is duly justified. the absence of any matching services, with the application of rules similar to those laid down in Article 80. 5. The unified services will be the subject of a new concession, which will result in the extinction of the previous ones, and will have the duration of the average of the years of validity that will restore the concessions that will be unified, weighted by the factor Annual vehicle-kilometres. The rate of the unified concession shall be established in such a way that the relationship which it keeps with the costs generated by its operation is the same as that which existed immediately before the unification between the average of the the concessions which are unified, weighted by the average travel factor-km of the last three years, and the average of the costs incurred by their respective holdings, also weighted by the factor concerned. By way of derogation from the preceding subparagraph, the rate fixed initially for the unified concession shall not exceed more than 5% of the rate at which it was indicated at the time immediately preceding the unification of the the concessions that are unified that has the lowest. 6. The unification of concessions shall give rise to the issue of a new concessional title, and the unified concession shall be opened in accordance with the provisions of Articles 74 and 75. "

Fifty-five. Article 94 (3) is worded as follows:

" The authorisation referred to shall be granted on the basis of the undertaking acquiring its capacity for the provision of the service and the availability of the means required.

Such authorisation may not be granted if at least three years have not elapsed since the initial formalisation of the concessional title or from a previous transmission, or where a period of less than two years is lacking for the termination of the concession period. However, such time-limits shall not apply in the case of a simple change in the legal form of the undertaking holding the concession. '

Fifty-six. Article 95 is worded as follows:

" 1. Concessions shall be terminated for the following reasons: (a) Completion of the period for which they have been granted.

(b) Declaration of revocation, as provided for in Article 143 (2) and (4) and (1) of Article 143 (2) and (4) and Article 201 (2) and (4) and (1) of this Regulation. (c) Death of the individual employer or the extinguishing of the management company, unless the transmission of the same is produced in accordance with the terms laid down in the previous Article of this Regulation. The company shall not be deemed to have become extinct when it changes its legal form simply, but the business is maintained in its economic and employment aspects. d) Declaration of the concession of the concessionaire, determined judicially, that makes it impossible to provide the service. (e) Suppression or rescue of the service for reasons of public interest, by means of the appropriate compensation, in accordance with the legally established provisions. (f) Renunciation of the concessionaire, which must have been announced by the concessionaire at an advance of not less than twelve months in relation to the date on which he intends to cease the service. (g) Mutual agreement between the Administration and the concessionaire. (h) Loss by the concessionaire of the general requirements referred to in Article 42, or of those specifically included in the concessional title, the fulfilment of which would have been necessary for the granting or subsequent maintenance of the concession, in the legal and regulatory terms. (i) Unification with other concessions. (j) Those which are expressly laid down in the concessional title.

2. The concession shall be extinguished in favour of the outgoing concessionaire the goods and facilities which it would have contributed for the operation of the service.

In the cases referred to in points (a), (b), (c), (d), (f), (g), (h) and (j) of the preceding paragraph, where there are no reasons for the deletion of the services which were provided by the concession extinguishing, the Administration may call a new tender for the granting of a new concession, with all the requirements contained in the first chapter of this title being fulfilled, unless it is intended to introduce modifications significant in relation to the traffics or the route of the extinct concession. The specification for such a tender must, in essence, be adjusted to the content of the award. Tenders which, where appropriate, would have been submitted by the former concessionaire, or in which he or any other undertaking in which he is the holder of more than 50% of the share capital, shall not be accepted in that contest, where the the pre-existing concession is due to any of the causes referred to in points (b), (d), (f), (g) or (h) of paragraph 1 of this Article. '

Fifty-seven. Article 96 is worded as follows:

" For the purposes set out in Articles 140.5 of LOT and 197.5 of this Regulation, the interruption in the provision of services without justified cause for more than 10 days shall be deemed to be abandoned. consecutive; fifteen non-consecutive in the course of a period of 30 days or less; or 40 non-consecutive in the course of a period of 365 days or less, in the case of concessions which have been dispatched every day. In the case of concessions which do not have expeditions every day, the deadlines shall be reduced proportionately and shall be taken into account only on the days in which they are dispatched.

The strike, the legally authorized lockout, and the others outside the employer's will are considered to be justified. "

Fifty-eight. Article 97 is worded as follows:

" 1. Where the rescue, waiver or revocation provided for in Article 95 occurs, the Administration, unless it decides to abolish the service or to assume its direct management in accordance with Article 71.2 of the LOT, shall convene in the shortest possible time for a new public tender to grant the concession and, in the meantime, it may directly or indirectly manage the service, using, if necessary or appropriate, the personal and material means with which the was provided, assuming the economic performance of the holding.

2. Where the means attached to the award are used in the cases referred to in the preceding paragraph, the concessionaire shall be compensated in accordance with the provisions of the legislation on the liability of the Administration. However, no such compensation shall be provided in the following cases:

(a) For the 12 months following the declaration of revocation, where the cause of the extinction of the concession has been that referred to in Article 95.1 (b).

(b) For the period of time to be completed twelve months from the date of notice of the concessionaire who has renounced his concession, where he has not announced his intention with the minimum advance required in the point (f) of Article 95.1.

3. Where the concession period has expired without the procedure for determining the subsequent provision of the service to be determined, the concessionaire shall, at the request of the administration, extend its management until the end of the service. procedure, without in any event being required to continue it for a period of more than 12 months. '

Fifty-nine. Article 106 is worded as follows:

" 1. The special administrative authorization required for the conduct of regular transports of special use will be granted to the companies that have previously agreed the realization of the transport with the representatives of the users through the a contract or pre-contract, provided that they meet the requirements of Article 42.1 and the availability of the material means necessary for the provision of the service is established.

2. They shall be considered to be representatives of the users, persons who, on the basis of their specific position with regard to them, assume the relationship with the carrier, such as competent administrative bodies on schools, owners or directors of schools or production centres, representatives of associations of parents of pupils or of workers, or similar. '

Sixty. Article 108 is worded as follows:

" Authorisations for the conduct of regular transport of special use shall be granted for the period referred to in the relevant contract with the users, without prejudice to the fact that the body in each case has jurisdiction may require his/her visa at a given frequency in order to verify the maintenance of the conditions which justified his/her award. "

Sixty-one. Article 110 is worded as follows:

" 1. Authorizations for the conduct of occasional public transport of goods and passengers by bus shall be granted in the form of authorization to the undertaking concerned to the set of vehicles for which, at any given time, the Administration has issued a certified copy of that copy.

As a general rule, each certified copy of the authorization shall be issued for a particular vehicle identified by its registration. However, where the requirements arising from the management of a particular mode or transport class do not make it necessary to attach the copies of the authorisation to specific vehicles, the Minister for Public Works may agree which are issued without reference to a priori to any vehicle, and may therefore carry out transport under cover of any vehicle available to the holder of the authorisation in accordance with Article 48.1 and meet the conditions laid down in Article 48 (1); required in the same. 2. Authorisations for the conduct of public passenger transport in passenger cars shall be granted in respect of a particular vehicle, the identification of which must be on the vehicle. "

Sixty-two. Article 111 is worded as follows:

" Discretionary public transportation authorizations for goods and travelers will enable services throughout the national territory.

As a general rule, such authorizations will be domiciled in the place where the carrier has its tax domicile. However, the Minister for Public Works may determine those exceptional circumstances in which the authorisations may be domiciled in a different place, for the purpose of making the undertaking an economic activity other than before. "

Sixty-three. Article 112 is worded as follows:

" For the granting of public transport authorisations for goods or passengers, it shall be necessary to prove that the requirements laid down in Articles 42 and concordant are fulfilled. regulation. "

Sixty-four. Article 113 is worded as follows:

" The granting of the discretionary public transport authorizations shall be carried out by the competent authority at the place where they are to be domiciled and shall be documented through the issuing of the transport cards, specifying the name of the holder, class and address of the authorisation and other circumstances to be determined by the Directorate-General for Transport by Road.

When the authorisation is related to a particular vehicle, the registration card shall also include the registration plate. Where the authorization relates to a set of specific vehicles, the competent authority shall also issue a certified copy of that vehicle for each of these vehicles, in which the registration of the vehicle shall be recorded, which shall have a value equivalent to that of the authorization it reproduces. Where the authorisation is not a priori related to any particular vehicle, the competent authority shall issue a number of certified copies of that licence equal to the number of vehicles available to its holder in accordance with Article 48.3. which, as in the previous case, have a value equivalent to that of the authorisation they reproduce. '

Sixty-five. Article 114 is worded as follows:

"There will be no quantitative limits on the granting of authorizations to carry out discretionary public transport of goods or passengers by bus."

Sixty-six. Article 115 is worded as follows:

" Mixed transport vehicles as defined in Article 47 (5) may carry out both the carriage of passengers and the carriage of goods which their technical characteristics permit.

In order to carry out transport with vehicles of such class it will be necessary to hold the mandatory administrative authorization, the granting of which will be conditional on the simultaneous fulfilment of the requirements required for the purpose of obtaining both the authorisation for the carriage of passengers and the authorisation of goods corresponding to the characteristics of the vehicle and the class of transport, public or private, intended to be carried out with it. "

Sixty-seven. Article 116 is worded as follows:

" For the purposes of compliance with the requirements referred to in Article 42.1, the combined transport authorisations shall, at the same time, take into account as an authorisation more than both the carriage of goods and passenger transport. which, if applicable, were the same undertaking.

Consequently, the holder may request at any time the exchange of a mixed transport authorization for another carriage of passengers or goods referred to the same vehicle, the class of which shall be determined by the characteristics of this and the nature of the transport, whether public or private, to be carried out with it. "

Sixty-eight. Article 117 is worded as follows:

" In those cases where the public transport authorisations for passengers and goods, or their certified copies, are referred to specific vehicles, they may be replaced only by other vehicles. when authorised by the Ministry of Public Works through the reference of the authorisation or copy to the new vehicle.

In addition, the Ministry of Public Works, in the cases referred to above, must authorize the continuity of the validity of the transport authorizations or their copies, when modifications of the characteristics of the vehicles to which they are concerned affecting their authorised maximum mass, load capacity, number of places or other technical conditions. The replacement of vehicles and the modification of their characteristics shall be conditional on the latter not entailing an increase in the number of places or the maximum permissible laden or mass capacity which, where appropriate, contradicts the nature of the vehicle. the authorisation in question, as well as the other conditions relating to the seniority of the replacement vehicle or the entity of the amendment which, if necessary, establishes the Minister for Public Works. '

Sixty-nine. Article 118 is worded as follows:

" 1. As a general rule, authorizations for the carriage of goods and passengers by bus shall be non-transferable, except in favour of the forced heirs of the former holder, in the case of death, retirement or physical or legal incapacity. of this.

However, the Minister of Public Works may point out the transmissibility of such authorizations, in cases where, in accordance with the provisions of Article 110, these or their copies are granted in respect of specific vehicles whose identification appears in the same and such a grant is subject to limitations for reasons of the age of the vehicles or of other vehicles. 2. The authorizations for the carriage of passengers in passenger cars shall be transmitted when the permits are also available for the carrying out of urban transport in this class of vehicles. 3. In any event, the transmission of transport authorisations shall be subject to the fact that the acquirers comply with the personal requirements laid down in Article 42 and agree to this Regulation, as well as to compliance with the rules specific to the Minister for Development, which may, in particular, make it possible for the transferring undertaking to have a certain age as the holder of the authorisation, the number of authorisations or copies has not decreased; that it was a holder in a given period of time, or that the transmission of the the company as a whole. Such transmission shall require the subjective novation of the authorisation and, where appropriate, of its certified copies in favour of the acquirer by the Administration. '

Seventy. Article 119 is worded as follows:

" In those cases where the carriage is carried out under an authorisation specifically referred to the vehicle in question, the original of the card in which the vehicle is dealt with must be taken on board. authorisation.

When carried out under an authorization referred to the set of vehicles of the company for which the Administration has issued the corresponding certified copies, the vehicle must be taken on board the vehicle. a copy which corresponds, where it is expressly referred to, or any of the copies available to the undertaking otherwise. '

Seventy-one. Article 123 is worded as follows:

" The granting of the enabling authorizations for the conduct of inter-urban discretionary transport in tourism vehicles shall be conditional on the applicant being previously the holder of the licence (a) a municipal authority to enable the provision of the same class of services in the urban area.

The authorization of intercity transport must be located in the same municipality that has granted the urban transport license. The loss or withdrawal by any legal cause of the urban transport licence shall result in the cancellation of the enabling authorisation for the performance of inter-city transport, unless the circumstances provided for in the Article next. "

Seventy-two. Article 124 is worded as follows:

" Exceptionally, enabling authorizations for the provision of inter-city services may be granted, even if the competent municipality has not previously granted the corresponding municipal license, if (a) the relevant municipal licence for the carrying out of urban transport has been refused, or no express decision has been taken within three months of its request.

(b) That the authorisation must be domiciled in a population of less than 5,000 inhabitants. (c) the provision of discretionary public transport in passenger cars in the geographical area concerned is insufficient to adequately address the needs of intercity transport, and this should be fully justified on the file. "

Seventy-three. Article 125 is worded as follows:

" As a general rule, the services referred to in this section, except in the case of cases with the exception of Articles 126 and 127, must be initiated in the municipality in which the authorization of the transport.

To this end, it is understood, in principle, that the origin or the beginning of the transport is produced in the place where the passengers are collected effectively. "

Seventy-four. Article 126 (3) is worded as follows:

" Enabling authorizations to perform services in the Territorial Areas of Joint Provision shall be granted by the Ente competent for the establishment of the Area, or by which they designate the regulatory standards of the latter, and, for the purposes of Article 123, shall have similar consideration to that of the municipal licences.

In the procedure for the award of these authorizations, the specific requirements established for the granting of municipal licenses must be observed, with the application of the rules relating to them in the services to be provided in full within those Areas. "

Seventy-five. Article 127 is worded as follows:

" 1. By way of derogation from the general provisions of Article 125, the services for the collection of passengers at ports and airports which have been previously and expressly contracted may be provided on the basis of discretionary transport authorisations. in a tourist vehicle domiciled in municipalities other than that in which the port or airport concerned is located, provided that the destination of such services is located in the municipality in which the authorisation is domiciled.

The Minister of Public Works, and in their respective territorial areas the autonomous communities that, by delegation of the State, have the competence to grant the authorizations of discretionary transport in Tourism vehicles may extend the scheme referred to in this paragraph to services for the collection of passengers at railway or bus stations, when they understand that this will contribute to a greater fluidity and efficiency of the general system of public passenger transport. 2. Without prejudice to the provisions of the preceding paragraph, where authorizations domiciled in the municipal term in which ports or airports are located, or other paragraphs, such as railway or bus stations, fairs, markets or other similar ones in which a major traffic is generated affecting several municipalities, not enough to meet this demand for transport, the competent authority in the area of interurban transport may establish, after report of the municipalities (a) a specific scheme including the possibility of vehicles with a licence to Interurban transport located in other municipalities will carry out services with origin in the related traffic generation points. 3. The bodies in each competent case shall pay particular attention to the monitoring and control of compliance with the conditions required for the provision of services which, in accordance with the provisions of the preceding paragraphs, are to be initiated outside the Community. of the municipality in which the authorization is located; it may be limited or prohibited by the body which has jurisdiction at the place of destination to carry out such services to those who have failed to comply with such conditions repeated. "

Seventy-six. Article 135 (2) is worded as follows:

" Authorisations for the conduct of public health transport shall be granted by the state or regional authority competent for intercity transport.

The administrative decision on the granting of the authorisation shall be regulated, and may be negative, only where any condition or requirement that is mandatory is not met, or where it must result from the application of the criteria for the provision of the service and the territorial distribution of the service duly approved. "

Seventy-seven. Article 139 is worded as follows:

" 1. The funeral transport must be carried out by companies of legally established funeral pomps, having the consideration of complementary private transport.

2. In carrying out the funeral transport services, the current rules of the mortuary police must be respected, the vehicles must comply with all the technical and sanitary requirements which, if necessary, establish the Industry, Tourism and Trade and Health and Consumer Affairs. 3. All undertakings legally engaged in the conduct of funeral transport may carry out this class of services throughout the national territory, irrespective of their origin or travel, to the place where the burial is carried out or the body is carried. "

Seventy-eight. Article 156 (2) is worded as follows:

" Private private passenger transport must be carried out in passenger cars.

Private private transport of goods shall be carried out in light vehicles, except in the case of the transport of machinery, animals or accessories intended for the personal practice of certain goods. sports or recreational activities which, by virtue of their characteristics, cannot be carried on a vehicle in that category. '

Seventy-nine. Article 157 (b) is worded as follows:

"The company must dispose of the vehicles on the basis of ownership, leasing or leasing, in the terms, in the latter case, indicated in this regulation."

Eighty. Article 158 is worded as follows:

" 1. The completion of supplementary private transport shall require prior administrative authorization, unless they are exempt from it in accordance with Article 41.

2. Complementary private transport authorizations will enable services of this kind to be carried out throughout the national territory. Such authorisations shall be granted in general to the undertaking and shall be documented in accordance with the rules referred to in Article 113 which are applicable to public transport authorisations for the same class of vehicles. 3. For the granting of private supplementary passenger transport authorizations, the necessary justification for the need to carry out the transport for which the authorization is requested, according to the number of employees, will be necessary. of the respective institutions or persons who, because of their permanent relationship with the activity which is carried out in these centres, must normally attend the same for reasons which are intrinsic to the nature or purpose of the business activity in which they are develops. For the granting of authorizations for the complementary private transport of goods, it will also be necessary to justify the need to carry out this according to the nature and volume of the activity of the company. The administration may, on the basis of the data obtained, limit the number of vehicles, or the places or capacity of such vehicles, which may be transported under the authorisation. 4. The granting of supplementary private transport authorizations shall also be conditional upon compliance with the requirements relating to the vehicles, their drivers or other circumstances established by the Minister for Public Works ensure the balanced development of the transport market. 5. Supplementary private transport authorisations may be transmitted only when the ownership of the industry or business to whose service they are affected is transmitted to the same acquirer at the same time. "

Eighty-one. Article 159 (1) is worded as follows:

" are freight agencies individual or collective undertakings engaged in the procurement of the transport of goods as auxiliary organizations interposed between the loaders and the carriers.

The activity of intermediation in the hiring of transport will not be distorted by the fact that in its development exclusively use telephone, computer or telematic means that obviate the relationship direct and personal between the agency and its clients. "

Eighty-two. Article 170 (1) is worded as follows:

" It shall be applicable, in relation to the exercise of the activity of transit the same rules established for the agencies of transport of goods in relation to the following questions: (a) Freedom for choose the route, mode and transport class that they deem appropriate when they are not previously agreed.

(b) Possibility to intervene in relation to the transport carried out in any way. (c) Obligatory to contract with duly authorized hauliers. d) The possibility of using the collaboration of other freight forwarders or transport agencies. e) Possibility to develop its activity using exclusively telephone, computer or telematic means that obviate the direct and personal relationship between the agency and its clients. "

Eighty-three. Article 175 is worded as follows:

" 1. For the granting of licences for vehicles without driver it shall be necessary for the applicant legal or natural person to comply with the following requirements: (a) Disposition of at least one local or office dedicated to the activity for the lease, with name or registered title, open to the public prior to the legal requirements regarding the opening of premises or offices. The dedication of such premises and offices to this activity will only be compatible with that of currency exchange, and therefore no other than these will be possible.

(b) Disposition, by title of property or financial lease, of the minimum number of vehicles engaged in the leasing activity to be determined by the Minister for Development in accordance with the circumstances on the market. (c) Failure to exceed the age limits of the vehicles which, if necessary, determine the Minister of Public Works, depending on the circumstances in the market. (d) The subscription of liability insurance for damages that are mandatory in accordance with current legislation. e) Disposition of garages or parking places when required by the Ministry of Public Works or the autonomous community competent by delegation of the State for the granting of the corresponding authorizations, owing to the compliance of the rules which, where appropriate, the Ministry establishes. (f) Other than, as necessary for the proper exercise of the activity, determine the Minister of Development, or, according to the forecasts made by him, the autonomous community competent by delegation of the State for the grant of the corresponding authorizations, owing to the respect of the rules that, if necessary, the mentioned minister establishes.

2. The authorisation of the lease of vehicles without driver shall be provided for the provision of the service without limitation of the radius of action.

Once the authorization has been obtained, the holder may open branches or auxiliary premises in places other than that in which the authorization is located, and the authorization is sufficient for that purpose. prior notice of that opening to the competent authority in the field of transport, by reason of the place in which they are located, by making use of the data identifying the premises, in order to enable the inspection and control of the activities carried out in the same. Such premises shall, in any event, comply with the same requirements as those laid down in point (a) of the previous paragraph. As soon as the aforementioned communication is received, the competent body will carry out the annotation of the new branch or local auxiliary in the General Register of Carriers and Companies of Auxiliary and Complementary Activities of Transport. In order to facilitate the satisfaction of the aims pursued by the Organic Law 1/1992, of 21 February, on the Protection of Citizen Security, the competent body for the granting of authorizations to lease vehicles without the driver shall notify the Deputy Delegate of the Government of the province in which he is domiciled of the authorisations granted, as well as of the branches or auxiliary premises whose opening has been communicated to him. '

Eighty-four. Article 177 (a) is worded as follows:

" The lease contract, except as provided for in Section 2 of this Chapter, shall only relate to the provision of the vehicle without a driver, and may not be accompanied by a contract with the driver. 'undertaking' means a company with a driver or a companion

Eighty-five. Article 178 is worded as follows:

" 1. Where the leased vehicle is intended for the performance of any type of transport subject to authorisation or administrative concession, it shall be necessary for the vehicle to be assigned to it on a prior basis to the relevant transport authorisation, or certified copy of the copy, of which the tenant must be the holder.

In order to prove the availability of the leased vehicle, which is necessary for the granting of the transport authorisation, a pre-contract or analogue document in which the parties undertake to undertake is sufficient. the lease, including the term of the lease, the identification of the leasing company and the lease authorization with which it is counted, as well as the data of the vehicle in question. Prior to the formalisation of the final lease, the leasing company shall require the lessee to have the relevant transport authorisation, in the case of buses or heavy goods vehicles. 2. The requirements of this Article and the foregoing shall not apply in the cases of use, by transport undertakings, of vehicles of other hauliers, through the means of collaboration legally provided for. "

Eighty-six. Article 180 is worded as follows:

" 1. Apart from the alleged cooperation between legally provided hauliers, only tourist vehicles may be leased with the driver. Such leasing shall have all administrative purposes for the consideration of transport activity.

2. In order to carry out the rental activity with a driver, it shall be necessary to obtain, for each vehicle intended to be used, the corresponding administrative authorization to enable it to be carried out. "

Eighty-seven. Article 183 is worded as follows:

" In accordance with Article 127 of the LOT, they shall have the consideration of road transport stations for passengers or goods, the places to concentrate the departures, arrivals and transit to the stock of public transport vehicles which meet the minimum conditions laid down in the following Articles.

In no case shall the grounds and facilities intended solely for the garage, parking of vehicles or storage of goods be considered for transport stations. "

Eighty-eight. Article 184 is worded as follows:

" 1. Passenger transport stations must comply with at least the following conditions: (a) Access to, for entry and exit of vehicles, configured in such a way as to avoid any interference between them or any alterations sensitive in the normal circulation capacity through the adjacent routes.

b) Contar with access for tickets and departures of the passengers, independent of the vehicles. (c) Poseer shall be covered in sufficient numbers for the simultaneous car parks required. d) Having platforms covered for the rise and fall of travellers. e) Contar with waiting areas independent of the platforms. f) Contar with health services facilities. g) Poseer dependencies, commonly used or individualized, for the billing, delivery and sale of tickets, as well as information office, whether they are operated by means of their own or through third parties. (h) Other than, in accordance with the characteristics of the services which each station must attend, determine the Minister of Development or the Autonomous Communities.

2. The Minister of Public Works, prior to the National Committee for Road Transport and the National Council for Land Transport, will be able to establish a classification of transport stations in various categories, depending on the allocation and services with which they are provided, for the purpose of facilitating planning in relation to the establishment of such infrastructure and the provision of information to its users. "

Eighty-nine. Article 185 is worded as follows:

" The freight stations shall comply with at least the following conditions: (a) Location in the vicinity of the procurement or exchange centres and load generation.

(b) Public character, that is, that they may be used by any legally established carrier or carrier, with the only restrictions to be established in their specific operating rules. (c) to bring together a set of services and facilities in its enclosure where activities related to or linked to transport are carried out and integrated, in turn, into specific tasks or tasks of the station or to the service thereof, such as storage, handling, sorting, deposit, grupage or distribution of goods. d) Poseer, within an identified and delimited area, controlled access for vehicles, as well as having beaches, manoeuvres and car parks suitable for heavy vehicles. e) Contar with ships of consolidation and fractionation of loads equipped with docks to receive or to dispatch the goods, as well as with storage ships. f) Contar with facilities for the attention of the crews of the vehicles, such as place of restoration, rest or waiting room, as well as of the adequate services destined to the personal toilet. (g) Other than, in accordance with the characteristics of the services which each station has to serve, shall be determined by the Ministry of Public Works or the Autonomous Communities. "

Ninety. Article 186 is worded as follows:

" The consideration of freight centres shall be those of transport stations with a minimum area of 150,000 square metres, of which at least 25,000 square metres shall be occupied by ships and warehouses for activities related to transport and logistics, provided that they are managed by a single, public, private or mixed authority, which ensures the development and permanence of the services and activities for which the installation was conceived. "

Ninety-one. Article 187 is worded as follows:

" As a specific category, they shall be regarded as centres for the transport of specialised goods, those whose activity is carried out primarily or preferably in relation to a particular class of goods or modes of transport, such as those engaged in the transport of dangerous goods, perishable goods, fractious loads or other goods. '

Ninety-two. Article 193 is worded as follows:

" The imputation of the administrative responsibility for the infringements of the rules of the rules of road transport and its ancillary and complementary activities shall be carried out in accordance with the provisions of in Article 138.1 of the LOT.

The liability of a given subject shall not exclude that which is legally applicable to another subject, even if that is the case in both cases of the same paragraph of Article 138.1 of the LOT. "

Ninety-three. Article 197 is worded as follows:

" In accordance with the provisions of Article 140 of the LOT, serious infringements shall be considered: 1. The conduct of public transport or any of its ancillary or complementary activities, lacking the the granting, authorisation or licence which, where appropriate, is required to do so in accordance with the rules governing land transport.

The provision of services for which some of the special concessions or authorisations regulated in the LOT and the enabling authorisation for the discretionary carriage of passengers are required. In the case of the Court of Justice of the European Union, the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice For the purposes of their correct qualification, the following facts are considered to be included in this paragraph:

1.1 The provision of public transport services exceeding the specifically authorised territorial scope.

1.2 The carrying out of public transport or any of its ancillary and complementary activities without authorisation for not having carried out its regulatory visa, unless such conduct is to be qualified as a minor infringement in accordance with the provisions of Article 199.8. 1.3 The organisation, establishment or carrying out of scheduled passenger transport services without being the holder of a special concession or authorisation, whether or not they are the means to which they are provided and even where they are held Discretionary transport authorisation. 1.4 The provision of regular passenger transport services lacking the necessary special concession or authorisation, even if the company does not contract with the users and is limited to acting under the direction of the Transport organiser, provided that in such case the Administration has issued a warning of the illegal nature of the transport. 1.5 The transport of persons or groups other than those to whom the corresponding authorisation for regular transport of special use is specifically referred to. 1.6 The implementation of services which do not comply with any of the conditions expressly provided for in Article 102.2 of the LOT, under the authorisation of supplementary private transport authorisations, is considered to be a breach of the (c) the use of a semi-trailer or a trailer other than that provided for when the towing vehicle is the property of the undertaking holding the authorisation. 1.7 The carrying out of services with individual collection or with reiteration of itinerary or tourist to the exclusive amparo of authorizations of discretionary transport, outside of the alleged expressly permitted or in violation of the established conditions for this. 1.8 The conduct of public transport without on board the vehicle the original of the corresponding certified copy of the authorisation or licence where it has been issued in the manner provided for in paragraph 2 (b) of the Article 92 of the LOT, or of the supporting documentation which is also necessary to check the legality of the transport, in accordance with the provisions of the Minister for Public Works, when the transport is carried out under cover of authorizations granted in the manner provided for in Article 92 (1) (a) and (b) of that Regulation LOT. It shall also be deemed to include in this paragraph the carrying out of carriage by carrying on board of the vehicle used a certified copy of the authorisation or licence in question specifically referred to another vehicle. 1.9 The carrying out of public transport or any of its ancillary and complementary activities without authorisation, even if an authorisation or licence, or a copy thereof, which is expired, is carried on board the vehicle; revoked or that for any other cause it would have lost its validity or should have been returned to the Administration in compliance with legal or regulentarily established norms. 1.10 Public transport should be carried out under authorisations which only enable a type of transport of characteristics other than that actually carried out to be carried out.

The offence under this paragraph shall not be assessed where the offence referred to in paragraphs 2 and 3 of this Article is the same.

2. The carrying out of public transport, or of ancillary or complementary transport activities, in breach of any of the requirements laid down in Article 42.1 of the LOT and in points (a), (b) and (c) of Article 42.1 of this Regulation. 3. The carrying out of public transport or ancillary and ancillary activities, in breach of any of the requirements which may be required in accordance with Article 48 (b) and (c) of the LOT and in the letters (d), (e) and (f) of Article 42.1 of this Regulation. In any event, the conduct of the transport or activity in question shall constitute such infringement without having the minimum number of vehicles, drivers or premises open to the public or facilities meeting the conditions laid down, where this is compulsory. 4. The assignment of the use of the enabling titles by their holders in favor of other persons, either for consideration or free of charge. Any form of authorisation, express or tacit, which permits the use of the title on a temporary or permanent basis by a person, natural or legal, other than that on whose behalf it is situated, shall be deemed to have been included in the previous infringement. issued. 5. The abandonment of the concessions for the regular transport of passengers or the cessation of the services of the same in the terms provided for in Article 96 of this regulation. 6. The refusal or obstruction to the performance of the Inspection Services which make it impossible to exercise in full or in part the exercise of the functions which are legally or regulations assigned, as well as the total or partial neglect of the instructions or requirements of the members of the Land Transport Inspectorate or of the forces that are legally assigned to the surveillance of that type of transport. In this paragraph, it shall be understood that persons subject to the legislation of the land transport or their representatives shall prevent the inspection staff or the agents directly from carrying out the surveillance and control of transport the development of the powers which correspond to them in accordance with Articles 19 and 20 of this Regulation. In the case of requirements concerning compliance with the driving and rest periods of drivers, a different offence shall be considered to be committed for each vehicle or driver from which the documentation is not provided. requested. In any event, it shall be deemed not to be provided, and consequently it shall constitute the infringement established in this paragraph, the referral to the Administration of information extracted from the digital tachograph or driver's card without the corresponding digital signature or other elements intended to guarantee its authenticity. In addition, the effect of this Article shall be deemed to be obstruction of the assumption that, in the event of a request from the Land Transport Inspectorate or the agents directly carrying out the supervision and control of the carrier, the carrier or its representatives refuse to identify the data identifying the vehicle or set of vehicles with which a particular transport service has been or is being carried out, the origin and destination of the vehicle or the date on which it was carried out; or any other data or circumstances relating to it which are relevant to the effects of the Inspection of the activities of the In any event, the following shall be deemed to have been included in the offence referred to in this paragraph for the purposes of disobeying orders, verbal or written, provided by the Land Transport Inspection Services or by the agents directly engaged in the tasks of surveillance and control of the same in the use of the powers conferred on them and, in particular, the failure to comply with the orders to transfer the vehicles in the legally intended cases. The non-communication to the Government Subdelegation of the place where a vehicle is located which, where appropriate, must be sealed or the date on which it will return to its base if it is not found in the case, shall also be deemed to be included in this infringement. that moment. 7. The violation of orders for the immobilization or sealing of vehicles or premises, as well as the disregard of the requirements formulated by the Administration in the terms mentioned in Article 202.2. 8. The falsification of administrative titles enabling them to carry out land transport or any of their ancillary and complementary activities, or any of the data to be recorded in those activities. The liability for such infringement shall be the responsibility of persons who have falsified the title, or have collaborated in their falsification or marketing in the knowledge of the unlawful nature of their action, and those who have used it to cover up the carrying out of transport or unauthorised activities. The use of photocopies, facsimiles, reprografies or any other form of mechanical, electronic or other reproduction of the enabling title shall be deemed to be included in this paragraph, where such reproduction contains alterations to the original. 9. The distortion of the documents to be provided as a requirement for obtaining any title, certification or document to be issued by the Administration in favor of the applicant or any of the data required record in those. 10. The handling of the tachograph or its elements, of the speed limiter or other instruments or means of control which is required to be fitted to the vehicle intended to alter its normal operation and the installation of mechanical, electronic or other elements intended to alter the proper functioning of the relevant control instruments or to modify their measurements, even if some or all of them are not in operation at the time of their operation. carry out the inspection. Liability for such infringement shall be the responsibility of persons who have handled the tachograph or instrument concerned, or have collaborated in handling, installation or marketing, and the carrier having them installed. in their vehicles. 11. The lack of the tachograph, the speed limiter or its elements or other instruments or means of control which is required to be fitted to the vehicle. The use of non-approved instruments or elements shall be considered to be equivalent to their lack, where they are required to be such, or which are different from those required by regulation. 12. The significant lack of registration sheets or data recorded in the tachograph or in the drivers ' cards that there is an obligation to keep in the company's headquarters. To this end, such a lack of leaves or data shall be deemed to be significant, where it is proven that it is missing, per vehicle or per driver, to reflect more than 30 per cent of the kilometres made during the required period. The fact that the documentation provided does not allow the undertaking to determine the total number of kilometres carried out during that period shall be equivalent to that. In any event, for the purposes of this paragraph, and Article 198 (11), it shall be deemed to be lacking in those sheets of record whose contents are unreadable, due to their filth, deterioration or other cause. 13. The falsification of registration sheets, driver cards or other elements or means of control which exists the obligation to carry in the vehicle, as well as the distortion of its content or alteration of the mandatory particulars of the driver's registration or card. Any misuse of the said sheets, cards or elements designed to amend the information contained in them or to cancel or alter the normal operation of the equipment shall also be deemed to constitute such infringement. control installed on the vehicle. The same consideration shall be given to the presentation of documents of a public or private nature in order to fraudulently justify the lack of registration sheets, driver cards or other elements or means of control which are required to carry in the vehicle. Liability for such infringement shall be the responsibility of persons who have falsified the said elements or collaborated in their falsification or marketing, as well as those who have used them to cover up the authentic conditions. for carrying out a transport. 14. The distortion of any accounting, statistical or control documents which the undertakings included in Article 19 are required to carry or the data in those documents. 15. The carrying out of regular public transport of passengers by road for general use when any of the following circumstances apply:

15.1 The lack of operation of the service by the concessionaire, except for the alleged collaboration expressly permitted.

15.2 Failure to comply with established traffic, itinerary, expeditions or stop points, when it does not constitute abandonment of the concession in the terms mentioned in paragraph 5 of this article. 15.3 Refuse the sale of tickets or the access to the vehicle to those who have acquired them, unless it is legally or legally established to justify it. In particular, it shall be deemed to have been included in the previous circumstance, to prevent or impede the access or use of the transport services to persons with disabilities, even if there is no obligation for the vehicle to be found. specially adapted for this purpose, provided that, in the latter case, such persons provide the means necessary for them to access and leave the vehicle and to settle in an ordinary square. 15.4 The performance of the service by unjustifiably transhipping users during the journey. 15.5 Non-compliance with the tariff regime.

16. Regular public transport of passengers of special use when one of the following conditions is present: 16.1 In the transport of special use of schoolchildren and minors, the absence of an appropriate elderly person, other than the driver, in charge of child care, where this is compulsory.

16.2 In the transport of special use of children and children, the lack of a seat or a seat for each child, as well as the lack of places close to the service doors that are necessary for people of reduced mobility. 16.3 The conduct of regular public transport of passengers by road of special use in breach of any of the conditions specified in the relevant authorisation with the character of essential, where such non-compliance is not found expressly typified otherwise in this regulation.

17. The carrying out of occasional carriage of passengers and goods when any of the following requirements are not met: 17.1 The economic and managerial autonomy in the operation of the services by the holder of the authorisation, managing the transport to its risk and venture, with the personal and material means belonging to its own business organisation, in the terms set out in Article 48.

17.2 The obligation of the holder of the authorization or the transport license to assume the position of the carrier in all the transport contracts that he makes under the authorization or license, in the terms referred to in Article 48.

18. The carrying out of activities of transport agency, freight forwarder or distributor when any of the following requirements are not met: 18.1 The carrying out of the activity of intermediation in the hiring of land transports in quality of the comionist in his own name, hiring on his own behalf with the shippers or users and the holders of transport authorizations, assuming in front of those the position of the carrier and in front of these the obligations and the charger's own responsibilities as set out in Articles 48 and 159.

18.2 The performance of the activity in authorized premises or communicated in the legal or regulatory terms established.

19. The excess over the maximum authorised mass of the vehicles or any of their axles in the percentages listed below:

		M. M. A.	% total excess	% excess over an axis
	More Than 20 Tm.	+ 15%	+ 30%
	More Than 10 Tm. at 20 Tm.	+ 20%	+ 40%
	Up To 10 Tm.	+ 25%	+ 50%

When, however, it has been issued in relation to the transport in question a special authorization of movement granted in accordance with the legislation in force in the matter, that the limits were exceeded of the mass referred to in that special authorization shall be deemed to have no effect, and shall therefore be taken into account only in order to qualify that infringement of the maximum permissible mass in application of the general rules contained therein. rules.

The liability for such infringement, where the total maximum authorised mass of the vehicles is exceeded, shall be the responsibility of the carrier and the charger, the consignor and the intermediary, unless any of them justify the existence of causes of inimputability. In the case of excess weight per axle, the liability shall be the responsibility of the person who made the stowage on board the vehicle. In the case of transport of parcel or moving goods, the concurrency of causes of inimputability with regard to the charger and the consignor shall be presumed, unless proof to the contrary. 20. The excess of more than 50 per cent in the maximum driving or driving times, as well as the minorage of the percentage of the compulsory rest periods. 21. The carrying out of the loading, stowage, unloading or unloading operations by the driver of the vehicle shall contravene the limitations which, where appropriate, result from application in accordance with the provisions of Article 4.3 of this Regulation. regulation. Liability for such infringement shall be the responsibility of the undertaking under whose direction the driver of the vehicle is acting, as well as the shipper, consignor, transport operator and consignee or consignee, unless any of the they justify the existence of causes of inimputability in respect of themselves. 22. Do not carry the corresponding record sheet or driver's card in the tachograph, when this becomes due, insert a record sheet without having noted the name and surname of the driver or insert the sheets of registration or cards corresponding to another driver. Such conduct shall be equivalent to the lack of printing of the data in the tachograph at the beginning and end of the journey, in cases where it is compulsory, as well as the lack of identification of the driver in the tachograph. printing. 23. Failure to comply with the obligation to take out insurance which is mandatory in accordance with Article 21 of the Treaty and Article 5 of this Regulation. 24. The lack of record sheets of the tachograph, driver card or printed documents that there is an obligation to carry in the vehicle. The failure to carry out any manual annotations relating to the activity of the driver which is required by the driver when the tachograph is broken shall also be considered to be included in this infringement. 25. The carrying out of transport, loading or unloading of dangerous goods, where one of the following conditions is present:

25.1 Use tanks that leak, unless it is proven that they did not exist or were not noticed prior to the start of the transport and that the amount of the losses in relation to the nature of the goods It did not justify the interruption of that.

25.2 The certificate of approval of the vehicle issued by the competent body where it is established that the vehicle complies with the requirements for the transport to which it is intended, be expired or carry a different one than the regulated requirement. 25.3 Use vehicles which do not comply with the regulatory technical requirements for the transport of certain goods. 25.4 No transport or accompanying documents shall be carried on board of the vehicle or not indicate the dangerous goods transported. 25.5 Transport of dangerous goods, under conditions other than those laid down by the rules on the transport of such materials, without the exception or exceptional permission. 25.6 Lack of panels, plates or labels of danger or any signs required. 25.7 Do not carry in the cab of the vehicle the written instructions for cases of accidents corresponding to the matter being transported. 25.8 Failure to comply with the common loading bans on the same vehicle. 25.9 Failure to comply with the limits of the quantities to be transported. 25.10 Use of non-approved packaging or packaging, which is seriously damaged, leaking or lacking any of the required technical requirements. 25.11 Failure to comply with the common packaging rules in the same package. 25.12 Failure to comply with the rules on the degree of filling. 25.13 Inadequately indicate in the transport documents or accompanying the dangerous goods transported. 25.14 To provide the carrier with written instructions for cases of inappropriate accidents in relation to the material being transported, as well as the lack of certification by the consignor regarding compliance with the regulations in force in the transport. 25.15 Transport of goods subject to prior authorisation. 25.16 Use inappropriate panels, plates or hazard labels in relation to the goods transported. 25.17 Failure to comply during loading or unloading the smoking ban in the course of handling, in the vicinity of the packages placed on hold to be handled, in the vicinity of the vehicles standing and inside the " 25.18 Incompliance with the obligation to connect to the ground the cistern vehicles, in the manoeuvres of loading or unloading, when required. 25.19 Not to report on the immobilisation of the vehicle due to an accident or serious incident, or to stop taking safety and security measures, except in the event of impossibility. 25.20 Mix the written instructions for accident cases of the goods being transported with those of other products. 25.21 Transport, loading or unloading of dangerous goods by lacking the undertakings involved in the mandatory safety adviser or, even if it is so, that the latter is not entitled to the subject or activity concerned. 25.22 Not to refer to the competent authorities the annual report or the parts of accidents where this is mandatory. 25.23 The annual reports should not be kept by the companies during the legally established period, not having been sent to the competent bodies.

The liability for the commission of the offences referred to in this paragraph shall be the responsibility of the carrier and the loader for the offences referred to in paragraphs 25.1 and 25.2; the carrier, the charger or consignor, where appropriate, for the offences referred to in paragraphs 25.3 to 25.7; to the charger or consignor where appropriate for the offences referred to in paragraphs 25.8 to 25.16; to the charger or the discharge, as the case may be, for the offences referred to in paragraphs 25.17 and 25.18; to the carrier for the infringements of paragraphs 25.19 and 25.20; to the undertaking required to have Member of the European Commission for the protection of the environment.

However, the carrier will be exempt from liability for the commission of the infringement as defined in paragraph 25.6 if it is established that, given the circumstances of the case, he was unable to detect the lack of hazard labels on packages or packages. For the purposes referred to in this paragraph and in Article 198.24, the consignor shall be regarded as a natural or legal person on whose order and account the dangerous goods are sent, as such in the transport document, and Charge-loader the natural or legal person under whose responsibility the operations of loading or unloading of the dangerous goods are carried out. 26. The carrying out of transport of foodstuffs or perishable goods where one of the following conditions is present:

26.1 Transporting perishable goods which, in accordance with the specific rules applicable, must be transported at a regulated temperature, in vehicles or containers which, due to their technical conditions, cannot reach the temperature required for transport.

26.2 Carage of the certificate of conformity for the transport of perishable goods or have it expired or distorted. 26.3 Load products, which require temperature regulation during transport, at a temperature other than that required during transport. 26.4 Transport of products, which require temperature regulation during transport, at a temperature other than that required during transport. 26.5 To carry out manoeuvres of transport, loading or unloading under conditions other than those required by regulations governing such circumstances. 26.6 Transport of foodstuffs in breach of health and hygiene conditions or regulations.

The liability for the commission of the offences referred to in this paragraph shall be the responsibility of the carrier and the person who appears as consignor in the transport document, or if the transport document does not exist, to the person the natural or legal person employed by the carrier for the offences referred to in paragraphs 26.1 and 26.2; to the person who is a consignor, or if he does not exist, to the natural or legal person who has contracted the carrier with the carrier; infringement of paragraph 26.3; the carrier for the infringement of paragraph 26.4 and 26.6; and carrier, consignor or consignee, or where the latter two are not, to the natural or legal person listed as consignor or consignee in the transport document, for the infringement of paragraph 26.5. '

Ninety-four. Article 198 is worded as follows:

" In accordance with Article 141 of the TLOT, serious infringements shall be considered: 1. The conduct of regular public transport of passengers by road for general use when any of the The following circumstances: 1.1 Do not have the minimum number of vehicles or the non-compliance with the conditions required for the concession.

1.2 Not to provide the additional services offered by the concession contractor and collected in the concession contract. 1.3 Failure to comply with the obligation to transport passengers ' luggage free of charge in the case of cases and to the extent required. 1.4 To sell a number of places per vehicle higher than those authorised in the concessional title. 1.5 To carry out regular public transport of passengers by road for general use in breach of any of the conditions laid down in the concession or special authorisation with the character of essential, where such non-compliance is not is expressly typified in any other way in this regulation.

2. Failure to comply with the obligation to return to the Administration an authorization or a transport license, any of its copies or any other documentation which, when, has been expired, revoked or for any other legal cause or It should have been returned, provided that the document concerned retains the appearance of validity.

3. The lease of vehicles with a driver outside the offices or premises set out in Article 182, as well as the search or collection of customers who have not previously been hired. 4. The excess over the maximum authorized mass of the vehicles or any of their axles in the percentages listed below:

		M. M. A.	% total excess	% excess over an axis
	Over 20 Tm.	+ 6% up to 15%	+ 25% up to 30%
	More than 10 Tm. to 20 Tm.	+ 10% up to 20%	+ 35% up to 40%
	Up to 10 Tm.	+ 15% up to 25%	+ 45% up to 50%

For the purposes of liability, the rules laid down in Article 197.19 shall apply. 5. The unsuited operation imputable to the tachograph carrier, the speed limiter or its components or other instruments or means of control which is required to be fitted to the vehicle, if it is not to be qualified as very serious in accordance with the provisions of Article 197.10, or not to pass the periodic review of the same in the legal or regulatory time and form. It shall be deemed to be included in this infringement to bring the apparatus, instrument or control means which is broken down for a period of time exceeding that which is determined to be determined, as well as not to use the selector of the activities of the tachograph, lacking the required seals or plates, or having them broken or damaged, carry the tachograph clock, marking an hour other than that of the country of registration or, where appropriate, of the country in which the tachograph is being circulated; vehicle, and the use of a tachograph intended for the use of a single driver by two or more drivers . In addition, any anomalous operation of the tachograph which is attributable to the carrier which does not allow the information in the register or its printing or electronic transfer under the legal conditions to be displayed shall be considered to be included in that infringement. or regulentarily established. 6. The excess of more than 20 per cent in the maximum driving or uninterrupted driving times, as well as the minorage exceeding that percentage in the rest periods laid down, unless such excess or defect is to be considered very serious infringement, in accordance with the provisions of Article 197.20. 7. The use of the same record sheet during several days when this would have resulted in the overlapping of records preventing its reading. 8. The failure by the driver of the obligation to carry out certain manual or log entries in the tachograph or in the register sheets, in those cases where the obligation is to be regulated established, unless it is to be regarded as very serious in accordance with Article 197 (22) or (24) or as a minor one for the circumstances provided for in Article 199 (5). 9. The use in the tachograph of more than one record sheet during the same day by the same person, except where the vehicle is changed and the record sheet used in the tachograph of the first vehicle is not approved for its purpose. use in the second. 10. The obstruction which seriously hinders the performance of the Land Transport Inspection Services, where none of the cases which, as referred to in paragraph 6 of the previous Article, imply that such action is Obstruction must be qualified as a very serious infringement. In the case of requirements concerning compliance with the driving and rest periods of drivers, a different offence shall be considered to be committed for each vehicle or driver from which the documentation is not provided. requested. 11. The non-significant lack of record sheets or data recorded in the tachograph or driver cards that there is an obligation to keep at the company's headquarters at the disposal of the Administration, where such infringement is not it must be regarded as very serious in accordance with the provisions of Article 197.12, being considered to be an offence for each vehicle or driver for which the non-significant lack of sheets or data is established. 12. The lack of high-scoring, in the Register referred to in Article 53 of the LOT, in violation of the provisions of Article 53.3 of this Regulation, by the cooperatives of carriers and marketing companies. 13. The conduct of private transport without the authorisation or licence which, where appropriate, is required to do so in accordance with the rules governing the transport of land, unless such infringement is to be regarded as minor to the (a) the provisions of Article 199.8. It shall be deemed to be without authorisation who has not made its regulatory visa, even if it occurs in the case of the case referred to in Article 215.4. 14. The provision of public transport services, using the mediation of natural or legal persons not authorised for such mediation, without prejudice to the sanction which the mediator may be entitled to in accordance with the provisions of the Article 197.1. 15. The connivance in unauthorised mediation activities or in the sale of tickets for the carriage of passengers not authorised in premises or public establishments for other purposes. The responsibility shall be the responsibility of the owner of the industry or service to which the premises are intended. 16. The sale of tickets for the carriage of unauthorised passengers and, in general, mediation in relation to unauthorised services or activities, without prejudice to the classification of the offence as very serious, in accordance with the Article 197.1, where no enabling title is held to perform mediation activities. 17. Failure to comply with the rules of procedure laid down, except that, since it is a regular public transport of passengers for general use, it must be regarded as a very serious infringement in accordance with the provisions of the Article 197.15.5. 18. The repeated unjustified non-compliance exceeding 15 minutes of departure times in the headings of the regular public service lines for the carriage of general travellers. 19. Lack, lack of due diligence or lack of essential data from the control, statistical or accounting documentation to which the undertakings included in Article 19 are required, as well as the concealment or lack of preservation of the same and unjustified delay in the knowledge or lack of communication of its content to the Administration, unless it is to be classified as a very serious infringement in accordance with the provisions of paragraphs 6, 14, 22 or 24 of Article 197. In particular, the absence of the document in which the users ' complaints are to be made and the refusal or obstruction of their use by the public, the lack of the sheets which, if any, shall be deemed to constitute such infringement shall be deemed to constitute such infringement. (a) make up the relevant documents and the unjustified concealment or delay of the inspection of the Transport Inspection of the complaints or complaints recorded in that documentation. 20. Failure by the consignee to whom the goods have been delivered of the obligation to make them available to a Transport Arbitration Board, when required for the purpose by that Board in the performance of the duties which is entrusted to act as a depository. 21. The performance of public passenger transport services in passenger cars started in a municipal area other than that of the urban transport licence, except in the case of the regulated cases. 22. The use by the lessee of industrial vehicles leased with or without a driver without carrying on board the lease or a copy thereof, or to carry it without completion, as well as the lack of any other documentation is mandatory to prove the correct use of the vehicle. 23. Non-compliance by holders of public transport authorisations for the requirements of temporary availability for the provision of the service which are regulated by certain conditions, with the exception of justified reasons. 24. The carrying out of transport, loading or unloading of dangerous goods, where one of the following conditions is present:

24.1 Transporting dangerous goods in breach of the conditions laid down in the exception or exceptional permit for goods transported in a manner other than that contained in the regulation on goods dangerous.

24.2 Not to include in the accompanying documents or to indicate inadequately any of the data that should be included in them. 24.3 Do not respect the conditions of isolation, stowage, protection or segregation of the regulated burden. 24.4 Not to carry out on the loading or unloading plants the checks that are mandatory, before, during and after the load. 24.5 Transport of passengers in units carrying dangerous goods outside the cases where the regulatory standards of this type of transport permit. 24.6 Transport of dangerous goods in passenger vehicles in quantities not permitted. 24.7 It shall be without the extinguishers which it is mandatory to carry in relation to the vehicle or the load, or to dispose of them under conditions which do not permit or ensure their correct use. Those cases where the fire extinguishers are not fitted with the corresponding seal are considered to be included in this paragraph, unless their proper functioning is established or the time limit for carrying out their inspection has expired. 24.8 Non-compliance with the equipment of the vehicle or driver which is mandatory under Spanish or international law, which in each case is applicable. 24.9 Lacking the certificate of cleaning of the cistern in the cases necessary. 24.10 Forward to the competent authorities the annual report or the parts of accidents outside the legally established time limits. 24.11 Not to provide workers involved in the handling of dangerous goods with adequate training to prevent occasional risks.

The liability for the commission of the offences referred to in this paragraph shall be the responsibility of the carrier and the charger or consignor, where appropriate, for the infringement of paragraph 24.1. the case for infringement of paragraph 24.2; the charger or the discharge, as the case may be, for the offences referred to in paragraphs 24.3 and 24.4; the carrier for the offences referred to in paragraphs 24.5 to 24.8; the carrier and the charger or the loader; where appropriate, for the infringement referred to in paragraph 24.9; the undertaking required to have security adviser for the offences referred to in paragraphs 24.10 and 24.11.

25. Non-compliance by the training centres with the conditions required for the purpose of approval as an institution or course of renewal of the certificate of safety adviser. 26. The carrying out of transport of perishable goods with vehicles without the certificate of conformity. 27. The procurement of transport with carriers or intermediaries which are not duly authorised provided that the overall procurement of the undertaking has reached the year in question or the previous year the volume of 15 vehicles in passenger or 500 tonnes in goods. This paragraph shall be understood as including the hiring by the cooperatives of carriers or marketing companies with non-partner carriers, outside the legal or regulatory cases of collaboration established. By way of derogation from the foregoing paragraphs, where the person acting as a charger is a carrier, a transport agency, a freight forwarder, a distributor, a cooperative of a carrier or a marketing company, the the minimum volume of global procurement referred to in those points, considering that the infringement referred to in this paragraph is committed from the first transport to be contracted with a carrier or an unauthorised intermediary. 28. Non-compliance by the non-driving vehicle leasing undertakings of the obligation to require the relevant transport authorisation to the lessee, in the cases provided for in Article 178, and of the conditions required for the performance of your activity. 29. Failure to comply with the conditions laid down in the concession, authorization or regulation of operation of the bus stations. 30. The provision of transport services with vehicles which do not comply with the technical requirements for accessibility of persons with reduced mobility, which, in each case, are applicable to them. 31. Any of the offences referred to in the preceding Article, where by their nature, occasion or circumstance, must not be regarded as very serious, the existence of such circumstances must be justified and the judgment must be reasoned. "

Ninety-five. Article 199 is worded as follows:

" In accordance with Article 142 of the LOT, they shall be considered as minor infractions: 1. The lack of communication of any data or circumstances to be included in the Register referred to by the Article 53 of the LOT or that there is an obligation for another cause to bring to the attention of the Administration, in accordance with the provisions of the regulations in force, except that such an infringement must be qualified as serious according to the established in 198.12

2. The excess over the maximum authorised mass of the vehicles or any of their axles, in the following percentages:

		M. M. A.	% total excess	% excess over an axis
	Over 20 Tm.	+ 2.5% up to 6%	+ 20% up to 25%
	More than 10 Tm. to 20 Tm.	+ 5% up to 10%	+ 30% up to 35%
	Up to 10 Tm.	+ 6% up to 15%	+ 40% up to 45%

For the purposes of liability, the rules laid down in Article 197.19 shall apply. 3. The excess in the maximum driving or uninterrupted driving times, as well as the minorations of the rest periods or rest periods, unless it is deemed to be a serious or very serious infringement. 4. The use of unapproved registration sheets which are incompatible with the tachograph used, as well as the use of an expired driver card. 5. The failure by the driver of the obligation to carry out certain manual or log entries in the tachograph or in the register sheets, in those cases where the obligation is to be regulated established, where, notwithstanding the failure to make the appropriate entries, it is possible to deduce either from the tachograph itself or from the immediately preceding and subsequent registration sheets as to its content. 6. The lack of mandatory signs or notices of obligatory display to the public. It is equivalent to the lack of any such signs or notices, those cases in which by its location or any other circumstance concerning its size, readability or wording it is not possible to know its contents by the public. 7. Non-compliance in the inter-urban transport of passengers hired by a square with individual payment, the obligation to issue tickets, the rules established for their dispatch or return, and to issue them without the essential particulars. 8. The performance of public or private transport or any of its ancillary or complementary activities lacking the authorisation or licence which, where appropriate, is required to do so in accordance with the regulatory standards of the land transport provided that it had been applied for, certifying compliance with all the requirements required for its granting, within the maximum period of 15 days from the notification of the initiation of the sanctioning dossier. 9. The carrying out of public or private transport without carrying on board the vehicle the formal documentation certifying the legal possibility to lend them or that is required for the determination of the type of transport being carried out, unless such infringement is to be regarded as very serious or serious in accordance with Articles 197.1 and 198.13. 10. The leasing of vehicles without a driver outside the offices or premises which they regulate shall be determined, as well as not independently subscribing to a contract for each lease of vehicles which the undertaking carries out. 11. The carrying out of regular public transport of passengers by road of general use in breach of the established timetable. 12. The conduct of regular public transport of special-use travellers in breach of the itinerary, timetable, timetable, expeditions, stopping points or any of the requirements set out in the relevant special use authorisation. In addition, in the transport of schoolchildren and minors, the failure to comply with the obligations on vehicle stop at the school and access and abandonment of vehicles in the terms regulated in the safety rules in this class of transport. 13. The inconsiderate treatment of word or work with the users by the staff of the company in the transport of passengers. 14. In school and minor transport, failure to comply with the obligation to require the contracting entity to carry out the documents or supporting documents which, in accordance with the rules governing safety in such transport, must be required. 15. The departure of vehicles engaged in the tenancy with the driver of the place where they are habitually kept or parked without carrying on board the road map or carrying it without completion, except for the presumed excepted Regulation. This infringement shall not be assessed where the infringement is the same as that laid down in Article 198.22.

16. Failure by undertakings involved in the procurement and transport of dangerous goods to carry out the following obligations:

16.1 Include in the annual reports and parts of accidents any of the data required by the current regulations.

16.2 Communicate to the competent bodies the identity of the security advisors with which the company and its areas of responsibility are responsible, possessing them. 16.3 Keep the companies of the annual reports, during the statutory period, provided that they have been referred to the competent bodies.

17. The carrying out of regular public transport of passengers by road of general or special use in breach of any of the conditions laid down in the concession or special authorization without the essential character, where such non-compliance is not expressly established in any other way in this regulation.

18. The lack of the flags or signs required by the current regulations, relating to the nature or type of transport that the person is authorized to carry out, to take them instead of not visible or in conditions that hinder their perception, to use them in an inappropriate manner or in the visible place of the vehicle, the distinguishing mark for a territorial area or a transport class for which the vehicle is not entitled to the necessary enabling title. 19. In the carriage of passengers, the lack of change of metallic coin or banknotes up to the amount which, if any, is found regulated. 20. Non-compliance by the users of the obligations corresponding to them, in accordance with the rules of use of the service established in accordance with the provisions of Articles 40.2 and 41.1 of the LOT, except that the rules in which it is contain such rules that they expressly consider their non-compliance as a serious infringement. In any event, the infringement of the following prohibitions by users of passenger transport shall be deemed to be a constituent of the infringement:

20.1 Prevent or force opening or closing of vehicle access doors.

20.2 Manipulate the mechanisms for opening or closing the doors of access to the vehicle or any of its compartments provided for its exclusive drive by the carrier's staff. 20.3 Make use without justified cause of any of the safety or relief mechanisms installed in the vehicle for emergency cases. 20.4 To leave the vehicle or to access it outside the stops in its case established for this purpose, except for justified reasons. 20.5 Make, without justified cause, any act likely to distract the driver's attention or hinder his work when the vehicle is in motion. 20.6 Travel in places other than those enabled for users. 20.7 Smoking in vehicles and in places other than those set up for this purpose in transport stations on the terms resulting from the specific legislation on the subject. 20.8 Travel without a transport title or with a degree which is insufficient in relation to the characteristics of the journey and the conditions of use provided for in the relevant concession or authorisation, as well as the improper use of the title held. 20.9 Any unjustified action which may lead to deterioration or cause dirt on vehicles or transport stations.

21. The performance of the activity of leasing of vehicles with a driver with vehicles carrying advertising or identifying external signs, except in the cases of regulations excepted.

22. Transport with other vehicles on which the conditions of availability legally required are not available, as well as the use of vehicles leased to other carriers or the use of these vehicles. outside the case or in breach of the legally established conditions, unless it is to be considered a very serious infringement, in accordance with the provisions of Article 197 (1). In the same way, undertakings acting as collaborators shall incur any breach of their obligations. For the purposes referred to in this paragraph, an independent infringement shall be imposed on each of the transports which are carried out after the maximum permitted percentages are exceeded. This infringement shall not be assessed in relation to the regular transport services for general use, provided that due use is justified in the transport in question of all vehicles which, in accordance with the relevant heading (a) a special authorization or authorization must be attached to it. 23. Transport of dangerous goods when one of the following conditions is present:

23.1 Do not carry on board the vehicle the mandatory documents relating to it, possessing them.

23.2 Carage the vehicle of the nameplates, when they are required or unreadable, damaged or lacking any of the essential particulars, as well as carrying panels or labels danger if this is not enforceable. The liability for the commission of the offences referred to in this paragraph shall be the responsibility of the carrier or, where appropriate, the holder of the vehicle.

24. The carrying out of perishable goods when one of the following conditions is present: 24.1 Do not carry on board the vehicle the mandatory documents relating to it, possessing them.

24.2 Do not carry the identification marks and regulatory indications in the vehicle or take them in places other than those established. The liability for the commission of the offences referred to in this paragraph shall be the responsibility of the carrier or, where appropriate, the holder of the vehicle.

25. Any of the offences referred to in the previous Article, where, by reason of their nature, occasion or circumstances, must not be regarded as serious, the existence of such circumstances must be justified and the judgment given "

Ninety-six. Article 200 is worded as follows:

" 1. Independent infringements shall be taken into account in relation to different expeditions, even if the facts infringe the same or similar provisions.

However, in the case of regular transport services, where the non-compliance concerned is directly related to the administrative activity carried out in the offices of the undertaking or the vehicle used and it is proven that it could not have been corrected until the return of the company to the business premises from which it initially departed, such non-compliance would be considered as constituting a single infringement, even if it had been maintained during the various partial expeditions carried out in the meantime. 2. Without prejudice to the provisions of the previous paragraph, in those expeditions where the crew of the vehicle is made up of more than one driver, the possible non-compliances with regard to driving times and rest of the drivers committed by each of them will constitute independent infringements. "

Ninety-seven. Article 201 is worded as follows:

" 1. In accordance with Article 143 of the LOT, the penalties for infringements established in the preceding Articles shall be graduated in accordance with the social impact of the act infringing, the intentionality, the nature of the damages caused, the extent of the benefit unlawfully obtained and the recidivism or habituality in the offending conduct, in accordance with the rules and within the following forks: (a) A warning or fine of up to EUR 200 shall be sanctioned the offences referred to in Article 199 (18), (19), (20), (21), (22), (23) and (24)

(b) The infringements referred to in Article 199 (8), (9), (10), (11), (12), (13), (14), (15), (16) and (17) of Article 199 (8) shall be punishable by a fine of In the same amount, the infringements referred to in point (a) shall be punished where the person responsible for the offences has already been punished by means of a decision terminating the administrative procedure by the commission of any other serious infringement. of those provided for in this Regulation in the preceding 12 months. (c) The infringements referred to in Article 199 (1), (2), (3), (4), (5), (6) and (7) shall be punishable by a fine of EUR 301 to 400. In the same amount, the infringements referred to in point (b) shall be punished where the person responsible for the offences has already been punished by means of a decision terminating the administrative procedure by the commission of any other serious infringement. of those provided for in this Regulation in the preceding 12 months. (d) The infringements referred to in Article 198 (25), (26), (27), (28), (26), (27), (28), (29) and (30) shall be fined In the same amount, the infringements referred to in point (c) shall be punished where the person responsible for the offences has already been punished by means of a decision terminating the administrative procedure by the commission of any other serious infringement. of those provided for in this Regulation in the preceding 12 months. (e) The offences referred to in paragraphs 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 of Article 198 shall be punishable by a fine of 1,001 to EUR 1,500. In the same way, the offences referred to in point (d) shall be punished where the person responsible for the offences has already been punished by means of a decision terminating the administrative procedure by the commission of another serious offence established in the the same paragraph or any of the very serious ones provided for in this regulation in the previous 12 months. (f) The infringements referred to in Article 198 (1), (2), (3), (4), (5), (6), (7), (8), (9) and (10) shall be punished with a fine of EUR 1,501. In the same amount, the offences referred to in point (e) shall be punished where the person responsible for the offences has already been punished by means of a decision terminating the administrative procedure by the commission of any other serious infringement. (a) the same paragraph or any of the very serious provisions laid down in this Regulation in the preceding 12 months. (g) The infringements provided for in Article 197 (24), (25) and (26) shall be punishable by a fine of EUR 2,001. In the same amount, the offences referred to in point (f) shall be punishable where the person responsible for the offences has already been punished by means of a decision terminating the administrative procedure by the commission of any other serious infringement. (a) the same paragraph or any of the very serious provisions laid down in this Regulation in the preceding 12 months. (h) The offences provided for in paragraphs 15, 16, 17, 18, 19, 20, 21, 22 and 23 of Article 197 shall be punishable by a fine of 3,301 to EUR 4,600. In the same amount, the infringements referred to in point (g) shall be punished where the person responsible for the offences has already been punished by means of a decision terminating the administrative procedure by the commission of any other serious infringement. of those provided for in this Regulation in the preceding 12 months. (i) The offences referred to in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of Article 197 shall be punishable by a fine of 4,601 to 6,000. In the same amount, the infringements referred to in point (h) shall be punished where the person responsible for the offences has already been punished, by means of a decision terminating the administrative procedure, by the commission of any other very serious infringement. of those provided for in this Regulation in the preceding 12 months. (j) A fine of 6,001 to 18,000 euro shall be imposed on the infringements referred to in point (i) where the person responsible for the offences has already been punished, by means of a decision terminating the administrative route, by the commission of any other very serious infringement of the provisions of this regulation in the previous 12 months. (k) Where the provisions of Articles 198.31 and 199.25 are not applicable, the amount of the penalty to be imposed, as appropriate, shall be within the limits laid down in points (d), (e) and (f) and (b) and (c).

2. The commission of the offence referred to in Article 197 (2) shall bear, in conjunction with the financial penalty concerned, the loss of validity of all the authorisations for which the offender is entitled to obtain the the unfulfilled requirements were due.

The commission of the infringement provided for in Article 197 (3) shall bear, in conjunction with the financial penalty concerned, the loss of validity of such authorisations or certified copies of which the infringer must be held as necessary in order to restore the regulatory balance required between the number of authorizations and the fulfilment of the conditions required for obtaining and maintaining them. However, where the level of non-compliance with the requirement in question affects an important part of the whole of the activity of the infringer, it may involve the loss of validity of all the authorisations for which it is a holder for the purposes of which it is (i) obtaining the same. In any event, where this infringement was committed for the second time in the space of 12 months, the financial penalty would always be accompanied by the loss of validity of the entire authorization of the offender. The commission of the offence referred to in Article 197 (4) shall, in conjunction with the financial penalty concerned, bear the loss of validity of any licence, licence or certified copy of the same class as the used was the owner of the carrier whose name was issued by the Administration. The commission of the offence referred to in Article 197 (5) shall bear, in conjunction with the financial penalty concerned, the declaration of revocation of the concession in question and the disablement to be the holder of any of the the granting or authorisation of regular public transport of newly created general travellers within five years. The company may also not be able to have a majority stake in the capital of any other party seeking to access the ownership of some of those concessions or authorisations. The commission of the offences referred to in Article 197 (1) and (8) may, irrespective of the pecuniary penalty applicable, involve the sealing of the vehicle with which the transport is carried out or the closure of the premises in the which, where appropriate, the activity is carried out, in both cases for the maximum period of one year, without prejudice to the payment of the salary or the compensation provided for, and the measures which may be provided for its security. Where, in the case of the infringement referred to in Article 197 (10), authorised repairers have been involved, irrespective of the appropriate sanction, the competent authority shall be proposed to withdraw the relevant authorisation. 3. Where infringements are detected during the road commission which must be reported in accordance with the provisions of Article 197 (1), (4), (6), (8), (10), (19) or (20), Article 198 (4) or (6), or any of the excess in the time of driving under Article 199 (3), provided that in the latter case the distance which the vehicle is still required to reach to reach its destination is greater than 30 kilometres, the immediate immobilisation of the vehicle must be ordered vehicle until the determining grounds for the infringement are removed, unless circumstances are met (a) the safety of the person concerned and the safety of the person concerned. To this end, the members of the land transport inspection or agents of the acting forces who are legally assigned the supervision of the same shall retain the documentation of the vehicle and, where appropriate, that of the goods, as well as the authorization, until the causes that led to the immobilization are remedied, being, in any case, the responsibility of the carrier for the custody of the vehicle, its cargo and belongings, as well as the expenses that the immobilization may cause. If they refuse to satisfy them, the vehicle will be immobilised until they are satisfied, even if the causes of the infringement have disappeared. In the same terms, it will be in those cases where the current inspection would have removed the registration sheet which was being used in the tachograph during the carrying out of a transport and the undertaking had failed to fulfil its obligations. to carry on board other spare parts, as well as those in which the driver's card has been removed for the said apparatus. In addition, the immobilisation of a vehicle may be ordered if the offending behaviour in which circumstances are in place which may be in danger to safety is detected on the road. Where the carrier does not subsc the facts which led to the immobilisation of the vehicle within 15 days, the authority responsible for initiating the case may order its transfer from the place where it was initially held. immobilized to another in which it will be deposited until the healing of the aforementioned facts. The costs which may be incurred by the transfer and deposit of the vehicle shall be on behalf of the holder of the authorisation under cover of the vehicle or, failing that, of the holder of the vehicle, who shall pay or guarantee his/her payment as a prerequisite for the recovery of the vehicle. In the case of the immobilisation of vehicles carrying passengers, and in order for them to suffer as little disturbance as possible, it shall be the responsibility of the carrier whose vehicle has been immobilised to seek the necessary alternative means to get travelers to their destination. Failure to do so may be established by the Administration. The costs incurred in the adoption of such measures shall, in any case, be borne by the carrier. If they refuse to satisfy them, the vehicle will be immobilised until they are satisfied, even if the causes of the infringement have disappeared. 4. Regardless of the pecuniary penalties corresponding to this Regulation, the sanction resolution in which the repeated failure to comply with the circumstances provided for in Article 197 (15) or (16) is observed, may agree to the expiry of the special concession or authorization in question with a loss of the security and without prejudice to the payment of the salary or the compensation paid. Furthermore, the sanction resolution in which the repeated failure to comply with the circumstances laid down in Article 197 (17) or (18) may be observed may result in the loss of validity of the authorisations of the offender. For the purposes referred to in this paragraph, it shall be deemed to be a repeated failure when the undertaking concerned has been sanctioned by means of resolutions ending the administrative route by the commission within a period of one year of three or more serious infringements of a very serious nature in breach of the circumstances referred to in Article 197 (15), (16), (17) or (18). 5. The committee on very serious infringements, repeatedly, by persons who do not credit their residence in Spanish territory, irrespective of the penalties provided for in Community legislation, may give rise to the prohibition of entry into for a period of five years. It shall be deemed, for these purposes, that there is repeated non-compliance, where the said person has been sanctioned by means of a decision terminating the administrative procedure, by the commission, within a period of two years, of five or more infringements of very serious character. Where the penalties imposed on persons who do not credit their residence in Spanish territory by means of a decision ending the administrative route are not satisfied on a voluntary basis, it may be possible to proceed, if the vehicle in question were fixed during the processing of the file, for sale in public auction, in the form established by the Minister of Development, with the money obtained affected to the payment of the amount of the penalty, of the expenses incurred by the immobilisation and the auction, as well as the costs which may have been incurred as a result of the laid down in the last subparagraph of paragraph 3 above. The excess shall, if any, be made available to the person complained of. 6. The imposition of the penalties which, where appropriate, shall be independent of the possible obligation to indemnify the damages caused. 7. The time limit for the sealing of vehicles, the closure of premises or the non-final withdrawal of authorisations shall start from the date on which the material performance of the act is carried out by the competent administrative body. "

Ninety-eight. Article 202 is worded as follows:

" 1. The commission of two or more offences referred to in Article 197 (1), (2), (3), (4) and (5) in the space of one year shall entail the disablement of the infringer for a period of three years in order to be the holder of any kind of concession, the authorisation or the enabling licence for the pursuit of the transport activity or any of its ancillary and ancillary activities or to be part of the administrative board or equivalent body of an undertaking which is the holder of such an undertaking; concessions, authorizations or licenses. During this period, the disabled person will not be able to provide his or her professional training to any carrier or auxiliary and complementary transport activity.

The aforementioned disablement will be accompanied by the expiration of the number of concessions and the loss of validity of the authorizations and licenses of the infringing company, with a definitive character. In order to bring about the alleged reoffending in this article, the sanctions taken into account must have been imposed by means of a resolution which puts an end to the administrative route. The period of disablement shall begin to be counted from the day following the day on which the last of these resolutions was given. 2. In all cases where the commission of any of the offences referred to in Article 197 (10) or (11), or (1.1), (2) and (5) of Article 198 is established, the notification of the initiation of the sanctioning file shall be accompanied by a a requirement that, within a period of one month, the holder of the activity prove to have remedied the shortcoming of the infringement in question and, where it does not do so, a new sanctioning dossier shall be initiated, which shall be shall be independent of the former, by the commission of the infringement established in Article 197.7. 3. For the purposes of determining the cases of recidivism or habituality referred to in this Regulation, all the penalties imposed by a decision which would have ended the administrative route shall be taken into account, irrespective of the authority or Competent administration which would have issued them. '

Ninety-nine. Article 203 is worded as follows:

" 1. No penalty shall be imposed for infringements of the provisions of the LOT but under the procedure laid down in accordance with the rules of this Chapter, and as not provided for by those rules, shall be as laid down in Law No 30/1992 of 26 January 1992. The Court of Justice of the European Communities, the Court of Justice of the European Communities, the Court of Justice of the European Communities, the Court of Justice of the European Communities, the Court of Justice of the European Communities,

2. Infringements of the legislation on land transport shall, within one year, be prescribed in accordance with the conditions laid down in the Law on the Legal Regime of Public Administrations and the Rules of Procedure. Joint Administrative. Penalties for land transport legislation shall be subject to the time limits and conditions laid down in that Law. '

Hundred. Article 204 is worded as follows:

" Competition to resolve the sanctioning procedures provided for in this Title shall, as the case may be, correspond to the Autonomous Communities to which they are assigned in accordance with the provisions of the rules in force in relation to land transport, to the Subdelegates of the Government of the province where the offence was committed when it derives from an inspection or control at the international transport frontier or to the organs the central government of the State to which it is expressly conferred.

When the jurisdiction corresponds to the autonomous communities, the opening, instruction and resolution shall be carried out by the bodies that determine its applicable regulations. In the cases in which the jurisdiction to resolve the sanctioning procedures is attributed to the Government Subdelegates, the opening and instruction will be the responsibility of the organs that make up the functional areas of the Ministry of Public Works. The provisions of the foregoing paragraphs shall be without prejudice to the competence of the Directorate-General for Road Transport to deal with and to resolve the proceedings initiated by the services directly dependent on it. imposing the penalties which, where appropriate, correspond. In this case, he/she will be competent to resolve the sanctioning procedures by the Director General. The opening and instruction of the procedures shall be carried out by the bodies and units of the Directorate-General for the Inspection of Transport by Road. "

One hundred. Article 205 is worded as follows:

" The procedure for imposing the penalties provided for in this Regulation shall be initiated on its own initiative by the competent body, either on its own initiative or as a result of a higher order, or reports signed by the inspection services, the reasoned request of other bodies or by complaint.

The maximum period for notification of the resolution of the sanctioning procedure shall be one year from the date of initiation of the procedure. If the decision of the procedure has not been notified within that time limit, the procedure shall be terminated, and in any event the express judgment of the file shall be terminated. '

One hundred two. Article 206 is worded as follows:

" The complaints of individuals, institutions or associations shall be made in writing to the competent body.

Such complaints shall not bind the competent body to the possible opening of a sanctioning procedure, but shall inform the complainant of its decision in this respect. "

One hundred three. Article 207 is worded as follows:

" 1. In any complaint made by the Security Forces and Corps responsible for the surveillance of the land transport, as well as in the minutes or reports entered into by the Inspection Services, a brief statement of the facts shall be recorded; the registration of the vehicle which, where appropriate, would have been involved in the vehicle; the identity of the person or persons presumed to be responsible for the offence; the identity, condition and destination of the complainant, which may be carried out through his/her personal registration, as well as other circumstances and data that contribute to determining the type of infringement.

2. The complaints made by individuals shall include, in addition to the data referred to in the previous paragraph, the name, address, number of the national identity document, or the equivalent document in the case of foreigners. In the case of complaints made on behalf of companies, associations or institutions, the data referred to in the preceding paragraph shall relate to the representative of the same persons who subscribes to the document and must also include the name of the legal person represented, as well as their registered office and the tax identification code or other Register in which they are legally required to be registered. '

One hundred four. Article 208 is worded as follows:

" When in the minutes or reports of the Inspection Services or in the complaints made, the existence of facts that could constitute an infringement of the regulatory regulations of other sectors is observed, In particular with regard to the field of work, taxation and road safety, they shall be brought to the attention of the competent bodies in the light of the relevant matter.

If, once the processing has been initiated, the improper qualification or the existence of an infringement of a different nature can be derived from its actions, they must return the file to the competent body in the field of to continue the examination of the file. "

One hundred five. Article 209 is worded as follows:

" Prior to the initiation of the sanctioning procedure, the administrative body responsible for its instruction shall carry out, on its own initiative, any action appropriate to the determination, knowledge and verification of the facts by virtue of which the decision is to be made and, where appropriate, the file of the proceedings may be agreed upon when the proceedings are not to be held liable.

To this end, and in order to establish the possible existence of any of the alleged recidivism or habituality in the infringing conduct referred to in this chapter, the following shall be consulted: A record of the General Register of Carriers and Companies of Auxiliary and Complementary Transport Activities. "

One hundred six. Article 210 is worded as follows:

" Received the information from the General Register of Carriers and Companies of Auxiliary and Complementary Activities of the Transportation, the instructor appointed to the effect will give the denounced of the facts that it is The Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of competent body to resolve the sanctioning procedure and the rule it attributes to it (a) the Commission shall, in the event of a request for a decision, provide the Commission with a request for a decision on the basis of the information provided by the Member State concerned.

For the purposes of notifications, the address of the person who has expressly indicated and, failing that, being treated as transport undertakings or ancillary and complementary transport activities shall be deemed to be the address of the person concerned. listed in the General Register of Carriers and Companies of Auxiliary and Complementary Activities of the Transport, or in the case of other types of companies, that appear in the Register or Records in which they are legally required to be registered. In all cases where the person concerned voluntarily decides to make the penalty effective before the end of the 15 days following the notification of the sanctioning dossier, the pecuniary amount of the sanction initially proposed reduce by 25 percent. Without prejudice to Article 213, the payment of the penalty with the reduction of 25% shall mean compliance with the facts complained of, the waiver of claims and the termination of the procedure, however, Express resolution. "

One hundred seven. Article 211 is worded as follows:

" The complainant shall be transferred to the complainant's allegations, unless he or she does not provide any new or other information than the one initially found by the complainant himself, in order to report within a maximum of 15 days. If the report is not issued in time, action may be taken as appropriate. If such claims are made in proceedings initiated on the complaint of individuals, the complainant shall also be required to provide evidence on the veracity of the facts not admitted by the complainant.

When it is necessary to correctly ascertain or qualify the facts or to determine the possible responsibilities, the instructor will agree to the opening of a trial period. However, it may reject in a reasoned manner the conduct of the evidence which the defendant or other persons interested in the proceedings have proposed when it considers that they are not necessary to determine the extent of the facts complained of. or the possible liability of the interveners. "

One hundred eight. Article 212 is worded as follows:

" The instruction of the procedure shall be completed, the instructor shall formulate a motion for a resolution, which shall be notified to the person concerned so that, within 15 days, he may present the allegations, documents and information that you consider relevant. However, such notification may be waived where such notification does not appear in the proceedings or are taken into account in the judgment in other facts or in other arguments and evidence which are adduced by the person concerned, provided that in the notification the initiation of the file would have warned that, if no arguments were made, such initiation could be considered as a motion for a resolution.

Practiced, where appropriate, the hearing to the interested party, the instructor will raise the motion of resolution to the body that legally or regulentarily has attributed the sanctioning competence to dictate the resolution (a) Where it is considered appropriate to ensure the effectiveness of the sanctions resolution, the latter may, in a cautious and express manner, suspend the right of the sanction to transmit the securities enabling the carrying out of transport and the vehicles to be the holder for as long as is strictly necessary for this purpose. "

One hundred nine. Article 213 is worded as follows:

" 1. The payment of the pecuniary sanction before the penalty resolution is issued will entail the termination of the procedure, and this should be noted in the corresponding sanction resolution. However, in cases where the penalty is not liable to have consequences in application of the provisions of Articles 201 and 202, the procedure shall be continued until its termination as regards such consequences. consequences, the timely resolution referring to the total content of the sanction being dictated at that time.

2. The decision of the sanctioning procedure shall be notified to the defendant, who may bring an appeal against that person within a period of one month from the date of the notification. Such an appeal will be resolved by the Government Delegate of which they are dependent, in the case of sanctions imposed by the Government Subdelegates, and by the Secretary General of Transport when they have been by the Director General of Transport by road, or by the body which, in each case, corresponds to sanctions imposed by an autonomous community. 3. Resolutions ending the administrative procedure shall be subject to the judicial-administrative judicial order. "

One hundred ten. Article 214 is worded as follows:

" The bodies of the various public administrations competent to sanction the infringements provided for in the legislation of land transport shall communicate within 30 days the penalties imposed by them. to the General Registry of Carriers and Companies of Auxiliary and Complementary Activities of the Transport, in order to make its annotation in this one.

The period of 30 days referred to in the preceding paragraph shall begin to be counted from the day on which the penalty decision was issued which ended the administrative route. The communications referred for entry in the Register shall contain at least the following information: file number; name and address of the offender; number of his national identity card or identification code tax, where appropriate; registration of the vehicle, where appropriate; the date of the infringement; brief exposure of the offences and the provisions infringed; and the sanction imposed; the date of the penalty decision and the end of the road administrative, and all data deemed necessary. The information in the Register relating to infringements and penalties shall be available to all the public authorities to which it affects or interests. "

One hundred and eleven. Article 215 (4) is worded as follows:

" The payment of the pecuniary penalties referred to in this Regulation, imposed by resolution terminating the administrative route, shall be a necessary requirement for the granting of new securities -enabling the making of any kind of internal or international road transport or any of its ancillary and complementary activities, as well as for the carrying out of a visa, the transmission or modification of any of those who were already the owner of the infringer.

In addition, such payment shall be a requirement for the administrative authorisation to transfer the vehicles with which the offences referred to have been committed have been committed. "

One hundred twelve. Article 216 is worded as follows:

" In the imposition and enforcement of penalties for offences committed by persons who do not have their residence in Spanish territory, the following rules shall apply: (a) The amount of the fine shall be fixed on the provisional basis of the inspection services or the road transport surveillance agents, in accordance with the provisions of the LOT and this Regulation.

b) The amount of the penalty must be delivered at the time of the complaint, as a deposit, in legal tender in Spain or any other country in respect of which in Spain there is an official exchange rate or by credit card, without the need for any reduction. The complainant's authority or agent shall, on the other hand, provide the complaint with the complaint and the receipt of the deposit of the corresponding quantity. (c) The quantity shall be delivered as a result of the agreement which is definitively adopted by the competent authority, to which the competent authority shall be referred in union. (d) The complaint shall be processed in accordance with the procedure laid down in this Regulation, recognising the same rights as those resident in Spain. (e) The person concerned shall have a period of one month from the day following that of the notification in order to make claims and provide the evidence which he considers relevant. When the notification is attempted at the registered office of the defendant, it has not been possible to do so, the notification shall be forwarded to the competent department of transport of the country in which he resides in order to transfer him, The notification is therefore definitively considered. (f) If the complaint is left without effect or the amount of the fine is reduced, the person concerned or his representative shall be made available to the person concerned or his representative the amount in each case. (g) If the defendant does not cash the deposit of the amount of the fine at the time of the complaint, he shall be permitted, in accordance with whatever the Ministry of Public Works determines, to indicate a person or entity that constitutes sufficient and, if this is not achieved, the reporting agent shall proceed to the immobilisation of the vehicle. The immobilisation shall be carried out in a place which meets the necessary security conditions and ensures the effectiveness of the measure taken. The same rules as provided for in Article 201 (3) of this Regulation shall apply in respect of such immobilisation. After the delivery of the amount of the penalty or the payment provided in favour thereof, it shall be permitted to continue to the vehicle, without prejudice to the immobilisation of the vehicle which, where appropriate, applies in accordance with the provisions of Article 201.3. "

One hundred thirteen. Article 219 (2) is worded as follows:

" In the case of vehicle sealing, the Subdelegation of the Government or the body assigned to it in the autonomous community shall require the sanction to, within a period not exceeding eight days, communicate the place where the vehicle is located at the time, indicating the date of its return from not being at the place of its residence, with a warning that it will not answer or delay such a return on time. more than 10 days after notification of that requirement, its location and seal shall be available on the the place where the security forces and bodies responsible for the surveillance of road transport are located, in addition, it is a very serious infringement, in accordance with the provisions of Article 140.6 of the LOT and 197.6 of This Regulation.

In that order, you will inform the sanction that you must indicate the place of your residence in which you are interested in the sealing and the deposit of the vehicle, warning you that both if you do not Express designation, as if it proposes an inadequate place, the sealed vehicle will be placed in the premises of the Subdelegate of the Government to have or for these ends contract. Jurisdiction for the imposition of the penalty relating to the non-response, or delay in the return of more than 10 days provided for in the first subparagraph of this paragraph, shall be the responsibility of the body responsible for sanctioning the transport offences in the territory in which the vehicle is domiciled, giving such effect to the vehicle itself by the Subdelegation of the Government. Where such a body does not agree with which it would have called for the sealing procedure, the latter shall also be notified by the Deputy Government Delegate. In any event, the costs incurred as a result of the deposit and, where appropriate, of the transfer of the vehicle, shall be of account and charge of the penalty. "

One hundred and fourteen. Article 222 is worded as follows:

" Vehicles intended for the performance of road transport must have the tachograph, the speed limiter and other mechanisms or instruments in operation during the provision of the tachograph. Regulation (EC) No 6060/2000 of the European Parliament and of the Council of 29 March 2000 on the application of Article 1 (2) of the Treaty to the European Parliament and of the Council (OJ L 29,

During the performance of the services and activities covered by this Regulation, the administrative control documents, which shall be established, shall be carried on board the vehicle, duly completed. In international transport, the control documents laid down in the agreements signed by Spain shall be used. The vehicles in which the services are to be carried out must, in turn, be marked by signs and markings which, for the exact identification of the characteristics of the service or the enabling title to which they are They are required by the legislation in force. Persons carrying out the services and activities provided for in this Regulation shall, within the time limit laid down for the purposes laid down in Article 19, complete and maintain their business address at their registered office. administrative or statistical which, if appropriate, is established. For accounting purposes, undertakings holding concessions or regular public transport authorisations for general travellers shall treat each of them as a separate activity, managing it as an accounting division. independent, other than any other activity they carry out, whether or not related to the carriage of passengers. '

First transient disposition. Procedures already initiated.

Procedures for the granting, modification or transfer of securities enabling the carriage of passengers or goods to be carried out before the date of entry into force of this Regulation royal decree, will be dealt with and resolved according to the rules and procedures until that moment in force.

To this end, only those procedures in which at least the request of the person concerned would have been registered before the date of entry into force may be considered initiated.

Second transient disposition. Concessional titles.

The documents in which the current enabling titles are formalized for the conduct of regular public transport of permanent travellers of general use will retain their validity.

However, from the entry into force of this royal decree, the modification of the conditions set out in those enabling titles must be formalized in administrative document in all cases in which, compliance with what is available, as this is required.

Transitional provision third. Extinction of certain concessions.

The Directorate-General for Road Transport and the concession holders whose term of validity expires, pursuant to the provisions of paragraph 4 of the second transitional provision of Law 16/1987 of 30 July 1987, Management of the Land Transports, after the entry into force of this royal decree they will be able to agree that the extinction of the concession will be carried out until four years with respect to the date in which it would correspond for the application of the established in that provision.

In that case, the dealer may, by way of derogation from Article 95.2 of the Regulation of the Land Transport Management Act, participate in the contest which, if necessary, is called for granting of a new concession to cover the same or similar services to which the extinguishing was provided, while retaining the rights which it was entitled to under Article 74.2 of the Law on the Management of the Land Transport and 73.3 of its regulations. The same rule shall apply to concessions resulting from a unification where at least one of the unified concessions is a consequence of the validation regulated in paragraph 4 of the second transitional provision of the the Land Transport Management Act.

Transitional disposition fourth. Local-wide authorities.

The current public transport authorizations in heavy goods vehicles at local level will retain their validity and radius of action, with their legal regime subject to the provisions of the Regulation of the Law of Land Transport Management and its implementing rules. However, and with the exception laid down in the second transitional provision, no new authorisations for public transport in heavy vehicles at local level will be granted from the entry into force of this royal decree.

Local authorities domiciled in the cities of Ceuta and Melilla will enable them to carry out transport in the whole area of the city concerned and, by combined transport, between them. cities and any point of the Spanish peninsular territory, as well as to return from it with cargo, but in no case to make transport between two different points of that peninsular territory. Local authorities domiciled at any point in the Spanish peninsular territory shall be able to carry out transport between that territory and Ceuta or Melilla on a combined transport system where their radio of action is sufficient, (a) the provisions of paragraph 1, in order to cover transport on the peninsula to the port in which it is to continue, but not for the transport of inland transport in those cities. Such authorisations shall also enable the return of cargo from Ceuta or Melilla to a specific point on the peninsula, when their radio of action is sufficient to cover the transport on the peninsula from the port of arrival to the peninsula. point. Prior to agreement with the Autonomous Communities of the Balearic Islands and the Canary Islands, it may be established in relation to the same, in accordance with the provisions of the eighth provision of the Law on the Management of Land Transports, a Similar arrangements to that established for Ceuta and Melilla.

Transient disposition fifth. Exchange of the cards in which the enabling titles are documented for the realization of the discretionary transport of goods.

The cards in which the enabling authorizations for the conduct of discretionary transport of goods, until now referred to certain vehicles, will be replaced by others referred to the the holder and his certified copies, adjusted to the provisions of the new wording of Title IV of the Regulation of the Law on the Management of Land Transport, in terms and in accordance with the criteria and procedure which, for that purpose, must be established by the Ministry of Public Works within a period of not more than three months counted from the entry into force of this royal decree.

Single repeal provision. Regulatory repeal.

As many provisions, of equal or lower rank, are repealed, they oppose or contradict what is established in this royal decree.

Single end disposition. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on October 27, 2006.

JOHN CARLOS R.

The Minister of Development, MAGDALENA ALVAREZ ARZA