JUAN CARLOS I REY OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Law.

EXPLANATORY STATEMENT

Several are the reasons for the modification of Title V of Law 16/1987, of 30 July, of Land Transport Management (LTOT), referring to the system of sanctioning and control of such transports.

On the one hand, the approaches to the level of administrative intervention on the transport market have varied considerably since 1987, when the LOT was approved, and the current moment.

In a heavily intervened market, in which most business decisions require prior control by the Administration, it is obvious that certain harmful conduct for competition did not occur. Never or, if it were, they were of little importance. On the other hand, in a virtually liberalised market, as is currently the case for our road transport, it is essential that the inspection be able to pursue and punish conduct contrary to the free competition in which it (i) case, may be incurred by undertakings seeking to misuse the scope of freedom in which they are now being carried out through practices based on unfair competition.

This is why certain behaviors, which were of relative importance in the context of the general system of land transport in 1987, must now be valued from a totally sanctioning point of view. different. In addition, they may have a negative effect on the safety of land transport on many occasions, which is unacceptable in a developed society in which it is to be regarded as an objective. renounceable.

Since 1987 there have been, on the other hand, significant changes in the legal system of both internal transport authorizations and the licensing and licensing of the international transport, which makes it necessary to accommodate the offending rates to that new regime.

, the increasingly strict case law on the interpretation of the principle of the reserve of law in the field of penalties also advises that the title V of the LOT should be amended in order to ensure that the all the types of offenders that can be produced in practice.

Significantly, this case-law has, in a number of cases, considered to be contrary to the principle of legality, the technique followed by the legislator in 1987, consisting of establishing very generic infringing rates. in the LOT, which were then concretized in the approved regulation for its development.

The new wording given to Title V, which is necessarily more detailed than the previous one, seeks to make the various infringements of the road transport management rules which may occur in full form a complete classification. In the case of new legal figures, it includes the developments, clarifications and clarifications that have so far been contained in lower-than-law-level rules or which are required by the appearance of new legal figures, in a scrupulous application of the principle of legality in the material.

In addition to these amendments, the amounts of the penalties are to be updated in order to maintain their deterrent character in relation to the benefits which the Commission may at present report on. (a) a new system which is more efficient and simplified at its graduation, and which is a determining factor in the criteria of habituality and the reoffending of the offending conduct.

In addition to the amendment of Title V, it has also been considered necessary to address the other seven items of the LOT, either because, regardless of their location, they nevertheless have a bearing on the activity of the inspector. and they have the same reasons as for the same reasons as those (Articles 33 and 35), either because other reasons for their amendment are included in them:

adapting to the general rules governing the subject matter for them (adaptation to the euro in the case of Article 38 and legislation on the rights and freedoms of foreigners in the case of 42), for simplification of the system transport contract (Article 22), raising to the law of the limits of liability (Article 23) or to cover certain transport regulations of a specific nature or characteristics (Article 55).

Article first. General amendments.

Articles 22; 23; 33; 35.2; 38.1, third paragraph; 38.2, and 42.1, paragraph (a) are amended; a new paragraph is added to Article 55 and an additional ninth provision of Law 16/1987, of July 30, of

Land Transport Management, which are worded as follows:

" Article 22.

1. For the purposes mentioned in this law, the person, natural or legal person, who, either directly or as a transport intermediary, requests the performance of the transport in his own name and in front of which the carrier is responsible. assumes, under the contract, the obligation to carry out the contract.

When the carrying out of the transport is required by the staff of a company in the performance of the duties assigned to it, it shall be presumed, unless proof to the contrary, that it contracts on behalf of that undertaking. company, corresponding, therefore, to this the position of the loader in the contract.

In other cases it is presumed, unless proof to the contrary, that the person who requires the services of the porter contracts the transport of the goods in his own name, assuming the position of loader in the contract.

For its part, the person, physical or legal, who delivers the goods to the porter for his transport, is understood by consignor. The loader itself or a different person may be consignor of the goods.

By consignee or consignee the person, natural or legal, is understood to which the carrier must deliver the goods to be transported after the transport is completed. The loader itself or a different person may be consigned to the goods.

2. In the case of goods transport services by road of complete load, the loading operations of the goods on board the vehicles, as well as the unloading of the goods, shall be on the basis of, respectively, the loader or the sender and the Consignee, unless expressly agreed otherwise before the actual presentation of the vehicle for loading or unloading. The same system shall apply in respect of the stowage and the disestiba of the goods.

The referrer or sender and consignee shall also be liable for any damage caused as a result of any deficiencies in the operations to be carried out in accordance with the provisions of this Regulation. indicated in the preceding paragraph.

However, this responsibility will be the responsibility of the carrier, whether previously half a pact expressed to the effect or otherwise, in all cases where it has been the same, or the staff of the dependent, who has performed the operations referred to in the preceding paragraphs. The holder of the damage suffered by the goods transported as a result of an inadequate stowage shall also be liable, even if such operation had been carried out by the loader or sender, if the latter carried out the damage. instructions given by the person.

3. In the case of the split-load services, where necessary prior handling, grupage, sorting, etc., loading and unloading operations are necessary, unless expressly agreed otherwise and, in the case of: any case, the stowage and the disestiba of the goods, shall be on behalf of the porter.

The carrier shall also be liable for damage caused as a result of the operations to be carried out in accordance with the provisions of the preceding paragraph.

4. In any of the cases referred to in the previous two paragraphs, the holders of the activity which is carried out in the places where the goods are to be placed on board the vehicle or unloaded from the vehicle, whether or not they are the charger or consignor or the consignee as if it is a mere consignor or consignment material of the consignment, the relevant organisation must be provided and the means necessary depending on the number of consignments dispatched or received and their characteristics, as well as those of the vehicles used for their transport, so that, except in cases in which the carrier, the incidental or the cause imputable to the carrier, the loading, stowage, downloading and unloading of such vehicles do not require a period of more than two hours, counted from the time of their submission in the terms required by the contract to be loaded or unloaded.

When, as a result of the failure to comply with that obligation by the owner of the place in question, the vehicle must wait for a longer period until the end of its loading and stowage and discharge, the The holder may require an indemnity for the cessation, in accordance with the terms of paragraph 6 of this Article.

For this purpose, any standstill above the deadline set above shall be presumed to be the responsibility of the holder of the place where the loading and unloading operations are to be carried out, and, consequently, not may be excused from payment of such compensation, unless it proves the concurrency of force majeure, fortuitous case or cause imputable to the porter.

5. Without prejudice to the provisions of the above paragraphs, regulations and prior reports of the National Committee for Road Transport and the National Land Transport Council, limitations may be established for safety reasons. relationship with the active participation in the carrying out of cargo, stowage, desestiba and unloading operations by the drivers of the vehicles for which the driving of the 'C + E' class is required.

6. Unless otherwise agreed in the relevant contract, a separate compensation for this case, the cessation of the vehicle for reasons not attributable to the carrier, including loading and unloading operations, shall give rise to an allowance equal to the minimum interprofessional/day salary multiplied by 1,2 for each hour or part of the standstill, without taking into account the first two hours of cessation or taking into account more than 10 hours This is a concept.

When the vehicle was stopped for more than two days, the hours which, in the light of the above, are to be taken into account on the third day and the following shall be compensated by the amount equivalent to the The above mentioned above, increased by 50 percent.

Article 23.

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 responsibility of these porters

for delays in the delivery of the goods may not exceed, unless otherwise agreed, the price of the transport.

2. Unless expressly agreed on different amounts or conditions, the liability of the passenger porters for the losses or breakdowns suffered by the passengers ' luggage 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.

For this purpose, any object or set of objects which, at the request of the traveller, accompany the traveller during the journey on board the bodega, the baca or trailer of the same vehicle, is understood by luggage. Commission any object which the carrier undertaking is obliged to carry on board the vehicle carrying out the service in question, where that object is not directly related to any of the passengers who are occupy square in the same vehicle.

The monitoring of the handbags shall be the responsibility of the traveller to whom they accompany and, consequently, they shall be aware of the damage they may suffer as long as they are on board the vehicle, unless they prove the responsibility of the the carrier undertaking, in which case the limitations set out above in relation to the luggage 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. For this purpose, any small object intended for the shelter, decoration or personal use which a passenger carries with him during the journey on board the passenger compartment of the vehicle shall be understood as a lump of hand.

3. A simplified procedure for the deposit, and in the case of disposal, of the goods not withdrawn or whose ports are not paid shall be laid down in order to ensure that the goods are charged by the carrier.

Article 33.

1. The staff of the Land Transport Inspection Services shall have, in the performance of their duties, the consideration of authority.

2. The facts established by the staff referred to in the preceding paragraph shall have probative value when formalised in public document, subject to the relevant legal requirements, without prejudice to the evidence to be given to their respective defence. rights or interests can be pointed out or provided by the managed own.

3. The holders of the services and activities referred to in this Law shall be the holders of undertakings whose installations are carried out on or related to land transport, and who hold the position of (a) a shipper or a shipper, a consignor or a 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 Inspection of the Land Transport, in the performance of its duties, the inspection of its vehicles and installations and the examination of documents, books of accounts, invoices, transport titles and statistical data which they are required to carry, and any other information relating to the conditions for the provision of services This is 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 their function in the company itself or require the presentation of such documentation in the public offices in the case of the employer or his representative, in accordance with the terms laid down in the legislation of the administrative procedure, before the public offices where it is required to do so. For such purposes, 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 which it is required to carry out. required in respect of the service performed.

When the documentation requested is proof of compliance with the obligations relating to drivers ' driving and rest times, the company will not be able to make an excuse for the absence of the the employer or the person responsible for his or her holding or custody.

The requirement referred to in this point may only be made in so far as it is necessary to verify compliance with the obligations contained in the land transport legislation.

4. The members of the Land Transport Inspectorate and the agents of the units or detachments of the forces which are legally assigned the supervision of the same, where there are well-founded indications of excess weight, handling or operation the carrier of the control apparatus of the driving and rest times or of the speed limiter or other control instruments which has an obligation to be fitted to the vehicles may be required to order their transfer to the the weighing scale, approved workshop or control area which is best suited to its examination, provided that it does not involve a journey of more than 30 kilometres. However, where those places are situated in the same direction as the vehicle is on, 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 (a) to facilitate the operations of weighing and checking, by running the costs of such operations, in the event of a complaint, if the offence is credited, and, if not, of the Acting Administration.

5. If, in your performance, the staff of the Land Transport Inspection Services

discover facts that could constitute an infringement of the regulatory regulations of other sectors, especially in the field of labor, fiscal and road safety, will put it in the knowledge of the competent in the light of the matter in question.

Similar actions to those provided for in the previous paragraph must be carried out by the organs of any sector of the administrative activity which have knowledge of infringements of the rules of the transport management land.

In order to achieve the coordination required to comply with the provisions of this paragraph, the bodies responsible for each of the various subjects concerned shall be assisted in this field. active and cooperation that is necessary for this purpose.

Article 35.2.

The increase in the effectiveness of the inspector's function will be pursued through the periodic elaboration of inspection plans that will give the inspecting actions a systematic character and will determine the general lines guidelines for the control operations of the services or activities which may require special action.

The planning 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 adequate coordination in the implementation of the various surveillance and inspection powers.

In addition, the National Committee for Road Transport will be able to obtain the collaboration of the National Committee for Road Transport.

The ministerial department responsible for transport may at all times determine the criteria for the priority action of the inspection services in relation to the transport of its competence. This priority action will take place in relation to the infringements which at any time have a higher impact and involve a greater disturbance in the management and safety of transport, and in any case, above all, those that are harmful to the free and orderly competition between the companies that operate in the market.

Article 38.1, third paragraph.

It will be assumed that there is a referral agreement to the arbitration of the boards provided that the amount of the dispute does not exceed 6,000 euros and none of the intervening parties in the contract would have manifested expressly to the other its will against before the moment in which the realization of the contracted service or activity is initiated or should have been initiated.

Article 38.2.

The government will determine the procedure according to which the arbitration should be conducted, and must be characterized by the simplification of procedures and the non-requirement of special formalities.

Article 42.1, paragraph (a).

Having the Spanish nationality or the nationality of a State of the European Union or another foreign country with which, pursuant to the provisions of Agreements, Treaties or International Conventions entered into by Spain, the said nationality is not required a requirement, or, in another case, to have the authorisations or work permits which, in accordance with the provisions of the legislation on the rights and freedoms of foreigners in Spain, are sufficient to protect the performance of the activity of transport on its own behalf.

Article 55.

The vehicles with which the public and private transports are regulated in this law, and, where appropriate, the loads carried on them, must comply with the technical conditions which are necessary according to the industrial legislation, movement and regulatory security of such matters.

When the appropriate provision of certain transport services makes it appropriate, the Administration may establish in relation to the vehicles with which they are carried out and with the loads carried, either these divisible or not, additional or different specific conditions.

The Government may, on the proposal of the competent ministers, establish special security rules regarding those modes of transport that, for their specific characteristics or nature, advise them.

Additional provision ninth.

The Ministry of Development is empowered to set up a programme of innovation and quality promotion in the network of regular road passenger transport services, including the presentation of plans. individualised innovation and quality improvement by the concessionary companies and their subsequent approval.

In competitions that are called for the granting of concessions for the regular transportation of passengers by road, permanent and general use, it will be possible to assess the effects of the award, in terms that (a) to be determined, compliance with the individual plans for innovation and improvement of the quality referred to in the preceding paragraph. '

Article 2. Amendment of the sanctioning regime.

Title V of Law 16/1987, of 30 July, of Land Transport Management, is worded as follows:

" sanctioning and control regime for land transport, and its ancillary and complementary activities

CHAPTER FIRST

Sanctioning Regime

Article 138.

1. The administrative responsibility for infringements of the rules on land transport and its ancillary and complementary activities shall be:

(a) In the offences committed for the purpose of carrying out transport or activities subject to administrative concession or authorization, to the

natural or legal person who holds the concession or authorisation.

(b) In the case of infringements committed during the course of transport or ancillary or ancillary activities carried out without the provision of the compulsory administrative title, or the performance of which is it is exempt from obtaining it, to the natural or legal person who owns or would be the owner of the vehicle or owner of the activity.

For the purposes set out in this paragraph, it is considered to be the holder of the transport or clandestine activity in question to the natural or legal person who materially carries it out in its own name, organizes or assumes the The company's responsibility for business, as well as for anyone who is not a salaried or dependent employee, is involved in carrying out such transport or activity.

(c) In the case of infringements by submitters or shippers, consignors, consignees or consignees, users, and, in general, by third parties which, without falling within the above paragraphs, carry out activities which are affected by the legislation on land transport, to the natural or legal person to whom the required infringement is addressed or to which the relevant rules specifically attribute responsibility.

2. The administrative liability shall be required of the natural or legal persons referred to in paragraph 1, irrespective of whether the actions or omissions of which that liability derives have been materially effected by them or by the staff of your undertaking, without prejudice to the fact that they are able to deduct the actions which they believe are brought against the persons to whom the offences are materially imputable.

3. Independent infringements shall be taken into account in relation to different transport shipments, even if the facts infringe the same or similar provisions.

However, in the case of shipments of regular transport services, whether this is in general or special use, where the facts of the infringement are directly related to the administrative activity which is develops in the offices of the company or with the vehicle used and is accredited that they could not be corrected until the return of that to the business headquarters from which it initially departed, such facts shall be considered to be a single one infringement, even if they continued to take place during the various expeditions (i) the Commission's

Article 139.

The actions or omissions of the various responsible subjects established and sanctioned in accordance with this law constitute administrative violations of the rules of the land transport.

Infringements of land transport regulatory standards are classified as very serious, serious and minor.

Article 140.

Serious violations will be considered:

1. The carrying out of public transport or any of its ancillary or complementary activities lacking the grant, authorization or licence which, where appropriate, is required to do so in accordance with the rules governing transport land.

The provision of services for which some of the concessions or special authorisations regulated in this law and the enabling authorisation for the discretionary carriage of regulated passengers are required in this law. Title III shall be deemed to have been included in the infringement as defined in this paragraph whether it is not one or the other.

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 classified as an infringement In accordance with the provisions of Article 142.8.

1.3 The organisation, establishment or performance of scheduled passenger transport services without being the holder of the relevant special concession or authorisation, whether or not they are the means with which they are provided and even if there is a discretionary transport authorisation.

1.4 The provision of regular passenger transport services lacking the necessary special concession or authorisation, even if the relevant company does not engage with users and is limited to acting under the address 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 specifically referred to as the corresponding authorisation during the performance of a regular transport of special use.

1.6 The implementation of services which do not comply with any of the conditions expressly provided for in Article 102.2, under the protection of supplementary private transport authorisations, is considered to be a non-compliance with the (c) of the said provision, the use of a semi-trailer or a foreign trailer, even if the towing vehicle is the property of the undertaking holding the authorisation.

1.7 The performance of services with individual collection or with reiteration of itinerary or tourism to the exclusive amparo of authorizations of discretionary transport, outside the cases expressly permitted or in breach of the conditions laid down for this purpose.

1.8 The conduct of public transport without carrying on board the vehicle the original of the corresponding certified copy of the authorisation or licence where it has been issued in the modality provided for in paragraph (b) Article 92 (2) or the supporting documentation which is also necessary for the control of the lawfulness of the transport, in accordance with the provisions of the ministerial department responsible for transport, when the transport is carried out under authorisations granted in the intended modalities in paragraphs (a) and (b) of Article 92 (1).

1.9 Public transport without authorisation, even if carried on board

of the vehicle an authorization or license, or a copy thereof, that is expired, revoked or otherwise would have lost its validity or should have been returned to the Administration in compliance with rules legal or regulentarily established.

1.10 Public transport to be carried out under authorisations which only enable a type of transport of characteristics other than that actually 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.

3. The carrying out of public transport or ancillary and ancillary activities, in breach of any of the requirements set out in paragraphs (b) and (c) of Article 48.

4. The assignment or authorization, express or tacit, of enabling titles by their holders in favor of other persons.

5. The abandonment of concessions for the regular transport of passengers or the cessation of the services of the same without justified cause during the time limit which is determined, without the consent of the Administration.

6. The refusal or obstruction to the performance of the inspection services which make it impossible in whole or in part for the exercise of the functions which are legally or regulentarily attributed, as well as the total or partial neglect of the instructions or the requirements of the members of the Land Transport Inspectorate or of the forces which are legally assigned to the supervision of such a transport class.

7. The violation of the orders for 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 144.2.

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 for persons who have falsified the title, or have collaborated in their falsification or marketing, in the knowledge of the unlawful nature of their performance, and have been used to cover up transport or unauthorised activities.

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 favour of the applicant or any of the data required record in those.

10. The handling of the control apparatus of the driving and rest times or of their 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, as well as 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 do not are in operation at the time of the inspection.

The liability for such infringement shall be the responsibility of persons who have manipulated the apparatus or instrument concerned, or have collaborated in their handling, installation or marketing, and the carrier which the have installed in their vehicles.

11. The lack of the control apparatus for the driving and rest times, the speed limiter or its elements or other instruments or means of control which is required to be fitted to the vehicle.

12. The significant lack of registration sheets or data recorded in the control apparatus of the driving and rest times or in the drivers ' cards that there is an obligation to keep in the company's headquarters.

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.

The liability for this infringement shall be for persons who have falsified or collaborated on their falsification, distortion or marketing as well as the carrier who used them in their vehicles.

14. The distortion of any accounting, statistical or control documents which the undertaking is obliged to carry out or of the data in the accounts.

15. Regular public transport of passengers by road for general use when any of the following conditions are met:

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

15.2 Non-compliance with the traffic, itinerary, expeditions or stop points established when it does not constitute abandonment of the concession in the terms mentioned in paragraph 5 of this article.

15.3 Deny the sale of tickets or the access to the vehicle to those who have acquired them, unless legally or regulations are established to justify it.

In particular, it will be considered, in the past, to prevent or hinder the access or use of transport services to persons with disabilities, even if there is no obligation for the vehicle to be is 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 place.

15.4 The performance of the service unjustifiably transhipping users during the journey.

15.5 Non-compliance with the tariff regime.

16. The conduct of regular public transport of special-use travellers when any of the following conditions are met:

16.1 In the transport of special use of schoolchildren and minors, the absence of an elderly person, other than the driver, in charge of child care.

16.2 In the transport of special use of schoolchildren and minors, lack of space or seat

for each child, as well as the lack of places close to the service doors that are necessary for persons with reduced mobility.

16.3 The conduct of regular public transport of passengers by road of special use in violation of any of the conditions mentioned in the relevant authorization with the character of essential when said non-compliance is not expressly established in any other way in this law.

17. The carrying out of occasional passenger and freight transport when any of the following requirements are not met:

17.1 The economic and management autonomy in the operation of the services by the holder of the authorization, managing the transportation to his risk and venture, with the personal and material means belonging to his own business organisation.

17.2 The obligation of the holder of the authorization or the transport licence to assume the position of the carrier in all the transport contracts that he carries out under this authorization or license.

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 intermediation activity in the hiring of land transports in the capacity of the commission in its own name, hiring on its own behalf with the loaders or users and the holders of transport authorizations, assuming in front of those the position of carrier and in front of these the obligations and responsibilities of the charger.

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:

(SEE IMAGE, PAGE 36419)

Total Excess -Percent Excess on an Axis -Percentage M.M.A.

Over 20 Tm. ... ... + 15 + 30 From more than 10 Tm to 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 under the legislation in force in the matter, the latter is carried out exceeding the limits of mass This special authorisation 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 in that legislation.

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 in respect of itself the existence of causes of inimputability.

In the case of excess axle weight, the liability shall be the responsibility of the person who made the stowage on board the vehicle.

In the case of a parcel or moving transport, the concurrency of causes of unimputability with regard to the charger and the consignor shall be presumed, unless otherwise proved.

20. Excess of more than 50 per cent in maximum driving times or uninterrupted driving times, as well as the minorage exceeding that percentage of the mandatory rest periods.

21. The carrying out of the loading, stowage, disposal or unloading operations by the driver of the vehicle shall be contrary to the limitations which, if any, are applicable in accordance with the provisions of Article 22.5. 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 insert the corresponding record sheet or driver card into the driving and rest time control apparatus, where this becomes due, insert a record sheet without having entered the name and last name of the driver or insert the registration sheets or cards corresponding to another driver.

23. Failure to comply with the obligation to underwrite insurance which is mandatory in accordance with Article 21.

24. The lack of record sheets of the control apparatus of the driving and rest times that there is an obligation to carry in the vehicle.

The failure to carry out any manual annotations relating to the driver's activity which is required to carry out by the driver when the tachograph is present shall also be considered to be included in this infringement. broken.

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 Certificate of approval of the vehicle issued by the competent body where it is established that the vehicle complies with the regulations which are required for the transport to which it is intended, expired or carry a different one than the regulated requirement.

25.3 Use vehicles which do not comply with the regulatory technical conditions required for the transport of certain goods.

25.4 Do not carry the transport or accompanying documents on board of the vehicle or do not indicate in these vehicles the dangerous goods transported.

25.5 Transporting dangerous goods, under conditions other than those laid down by the regulations on the transport of such materials, without the corresponding exception or exceptional permission.

25.6 Carage of panels, danger plates or labels or any required signage.

25.7 Do not carry written instructions in the cab of the vehicle for accidents related to the material being transported.

25.8 Failure to comply with the common loading bans on the same vehicle.

25.9 Incompliance with the limitations of the quantities to be transported.

25.10 Use of non-approved packaging or packaging, severely 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 Incompliance with the rules on the degree of filling.

25.13 Inadequately indicate in the transport documents or accompanying the dangerous goods transported.

25.14 Deliver written instructions to the carrier for cases of inappropriate accidents in relation to the material being transported, as well as the lack of certification by the consignor on compliance with the current regulations the transport.

25.15 Transporting goods subject to prior authorisation without the same.

25.16 Use inappropriate panels, plates, or hazard labels in relation to the transported merchandise.

25.17 Incompliance 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 stopped and in the interior of the same.

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 Do not report on the immobilization of the vehicle due to an accident or serious incident, or to stop adopting safety and security measures, except in the event of impossibility.

25.20 Mix the written instructions for accident cases of the goods that are transported with those of other products.

25.21 Transporting, loading or unloading dangerous goods by lacking the companies involved in the precept security adviser or, even having it, that it is not enabled for the matter or activity in question.

25.22 Not to refer to the competent authorities the annual report or the parts of accidents where this is mandatory.

25.23 Do not retain annual reports during the legally established period, not having submitted them 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 the 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 loader, as the case may be, for the offences referred to in paragraphs 25.17 and 25.18; Carrier for the infringements of paragraphs 25.19 and 25.20, and the undertaking, which is obliged to have Member of the European Commission for the protection of the environment.

However, the carrier shall be exempt from liability for the commission of the offence under paragraph 25.6 if it is established that, given the circumstances of the charge, he was unable to detect the lack of danger labels. in packages or packages.

For the purposes provided for in this paragraph and in Article 141.24, the consignor shall be considered to be the natural or legal person for whose order and account the shipment of the dangerous goods is carried out, a transport document, and a discharge loader, the natural or legal person under whose responsibility the loading or unloading of the dangerous goods is 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 that need temperature regulation during transport at a temperature other than that required during transport.

26.4 Transporting products that require temperature regulation during transport at a temperature other than that required during transport.

26.5 Carry out transport, loading or unloading manoeuvres in conditions other than those required by regulations governing such circumstances.

26.6 Transporting food products in breach of health or legal or regulatory conditions.

The responsibility for the commission of the offences referred to in this number shall be: the carrier and the person who is the consignor in the transport document, or if the transport document does not exist, to the natural person or (a) a legal person who has been engaged with the carrier for the offences referred to in paragraphs 26.1 and 26.2; to the person who is, or if not, the person who has been employed by the carrier for the natural or legal person he or she has contracted with the carrier; paragraph 26.3; the carrier for the offences referred to in paragraphs 26.4 and 26.6 and the carrier; consignor or consignee, or if the latter does not exist, to the natural or legal person listed as consignor or consignee in the transport document, for the infringement of paragraph 26.5.

Article 141.

Serious violations are considered:

1. Regular public transport of passengers by road for general use when any of the following conditions are met:

1.1 Do not have the minimum number of vehicles or the non-compliance with these conditions required in the concessional title.

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 cases and up to the limit where this is mandatory.

1.4 Sell a number of places per vehicle higher than those authorized in the concessional title.

1.5 Perform regular public transportation of general-purpose road travelers in violation of any of the conditions outlined in the title

concession or special authorization with the character of essential when such non-compliance is not expressly established otherwise in this law.

2. Failure to comply with the obligation to return to the Administration a transport authorization or license, any of its copies or any other documentation when, for having 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 leasing of vehicles with a driver outside the offices or premises which are regulated as well as the search or collection of customers who have not previously been hired.

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

(VIEW IMAGE, PAGE 36421)

Total Excess -Percent Excess on an Axis -Percentage M.M.A.

Over 20 Tm ........ + 6 to 15 + 25 to 30 From over 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 140.19 shall apply.

5. The unsuited operation imputable to the carrier of the control apparatus of the driving and rest times, of the speed limiter or its elements or other instruments or means of control which is required to be installed in the the vehicle, where it is not to be rated as very serious in accordance with Article 140.10, or not to pass the periodic review of the vehicle within the prescribed time-limits and legal or regulatory form.

6. 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 140.20.

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. Failure by the driver to perform certain manual or log entries on the control apparatus of the driving and rest times or on the record sheets by himself in those cases where the driver has failed to fulfil his obligations the obligation to be regulated, unless it is to be regarded as very serious in accordance with Article 140 (22) and (24) or as a minor for the circumstances provided for in Article 140 (5). 142.

9. The use in the control apparatus of the driving and rest times 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 apparatus of the first vehicle is not approved for use in the second vehicle.

10. The obstruction which seriously hinders the performance of the inspection services where none of the assumptions which, as referred to in paragraph 6 of the previous Article, would imply that such obstruction should be qualified as a very serious infringement.

11. The non-significant lack of registration sheets or data recorded in the control apparatus of driving and rest times or drivers ' cards with the obligation to keep at the premises of the undertaking at the disposal of the undertaking Administration.

12. The lack of registration as high in the register referred to in article 53 of this law 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 Article 142.8 of the Treaty on European

It shall be deemed to be without authorisation who has not made its regulatory visa, even if it occurs in accordance with the case referred to in Article 146.5.

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 140.1.

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 140.1, when no enabling title is held to perform mediation activities.

17. Failure to comply with the regulated tariff regime, except that, since it is a regular public transport of passengers of general use, must be regarded as a very serious infringement in accordance with the provisions of the Article 140.15.5.

18. The repeated unjustified non-compliance exceeding 15 minutes of the departure times in the headings of the regular public service lines for the carriage of general purpose passengers, in the terms and conditions which are regulated determine.

19. The lack, lack of due diligence or lack of essential data of the control, statistical or accounting documentation whose completion is mandatory, as well as the concealment or lack of preservation of the same and unjustified delay of the implementation in the knowledge or lack of communication of its content to the Administration, failing to comply with the provisions of the law, unless it is to be classified as a very serious infringement in accordance with paragraphs 6, 14, 22 or 24 of Article 140.

In particular, the lack of the prescriptive document in which the users ' complaints are to be formulated and the refusal or obstruction of their use by the public, as well as the public, will be considered to constitute this infringement. any unjustified delay or delay in the knowledge of the Transport Inspectorate of the complaints or complaints recorded in that document, in accordance with what is to be determined.

20. Failure by the addressee to whom the goods have been delivered shall have the obligation to make them available to an arbitration board of transport, where the said board is required to do so in the performance of the duties. which is entrusted to act as a depository.

21. The provision of public transport services for passenger cars on passenger cars started in a municipal area other than that of the urban transport licence, except in the case of those cases which are subject to regulation.

22. The use by the lessee of industrial vehicles leased with or without a driver without carrying on board the lease or a copy of the lease, or carrying it without completion, as well as the lack of any other documentation required to prove the correct use of the vehicle.

23. Failure to comply with the holders of public transport authorisations for the requirements of temporary availability for the provision of the service which are subject to certain conditions, except for 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 violation of the conditions laid down in the exception or exceptional permit for goods transported in a manner other than the collection in the regulations on dangerous goods.

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 Do not perform checks on the loading or unloading plants that are mandatory before, during and after loading.

24.5 Transporting travellers into units carrying dangerous goods outside the cases where the regulatory standards of this type of transport permit.

24.6 Transporting dangerous goods into passenger vehicles in quantities not allowed.

24.7 Carage of the extinguishers that is mandatory to be carried in relation to the vehicle or the load, or to have them in conditions that do not allow or guarantee their correct use.

Those cases where the extinguishers are not provided with the corresponding seal are considered to be included in this paragraph, unless their proper functioning is established or the time limit for their inspection has expired.

24.8 Failure to comply with the equipment of the vehicle or driver that is mandatory under Spanish or international legislation that is applicable in each case.

24.9 Carage of the certificate of cleaning of the cistern in the cases that is necessary.

24.10 To issue to the competent authorities the annual report or the parts of accidents outside the legally established deadlines.

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. (a) the case for infringement of paragraph 24.2; the charger or the offloading, as the case may be, for the infringements of 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, and the undertaking, which is obliged to have an advisory security, for the infringements of 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 which do not have the certificate of conformity.

27. The procurement of transport with hauliers or intermediaries which are not duly authorised.

28. Failure to comply with the obligation to require the right to transport the lessee, in the cases provided for in Article 136, and the conditions required for the carriage of vehicles without driver, (a) to carry out its regulated activity.

29. Failure to comply with the conditions laid down in the concessional title, 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 previous Article where by its 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. corresponding.

Article 142.

Minor violations will be considered:

1. Failure to communicate any data or circumstances to be included in the register referred to in Article 53 of this Law or that there is an obligation for another cause to bring to the attention of the Administration, in accordance with the be determined, unless such infringement is to be classified as serious in accordance with the provisions of 141.12.

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

(VIEW IMAGE, PAGE 36422)

Total Excess -Percent Excess on an Axis -Percentage M.M.A.

Of more than 20 Tm ....... +2.5 up to 6 +20 to 25 From over 10 Tm to 20 Tm ................ + 5 to 10 +30 to 35 Of up to 10 Tm ......... + 6 to 15 +40 to 45

For the purposes of liability, the rules laid down in Article 140.19 shall apply.

3. The excess in the maximum driving times or the uninterrupted driving time, as well as the minorations of the rest periods or rest periods, unless it is considered to be a serious or very serious infringement.

4. The use of non-approved registration sheets or which are incompatible with the control apparatus used, as well as the use of an expired driver card.

5. Failure by the driver to perform certain manual or log entries on the control apparatus of the driving and rest times or on the record sheets by himself in those cases where the driver has failed to fulfil his obligations the obligation is regulated, where, however, it is possible to deduce either from the control apparatus itself or from the immediately preceding and subsequent registration sheets that it is not necessary to make the necessary annotations; should have been its content.

6. The lack of mandatory signs or notices of obligatory display to the public.

7. Non-compliance in the inter-urban transport of passengers contracted by a square with individual payment of the obligation to issue tickets, of the rules laid down for their dispatch or return, and to issue them without the essential particulars.

8. The carrying out 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 rules governing transport on land, provided that it had been requested, certifying compliance with all the conditions required for its granting, within the maximum period of 15 days, counted from the notification of the initiation of the sanctioning file.

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, except that the infringement must be regarded as very serious or serious in accordance with the provisions of Articles 140.1 and 141.13.

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 conduct of regular public transport of passengers by road of general use in breach of the established timetable.

12. The carrying out 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.

Also, in the transport of schoolchildren and minors, the failure to comply with the obligations on the vehicle stop in the school and access and abandonment of the vehicles in the regulated terms in the safety regulations in this type 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 the case of school and child 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 exit of vehicles engaged in the tenancy with the driver of the place where they are habitually kept or parked without taking the road map or carrying it without completing, except for the presumed excepted regulations. This infringement shall not be assessed where the infringement is the same as that laid down in Article 141.22.

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 annual reports by the companies 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 of such goods non-compliance is not expressly established in any other way in this law.

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 case of the carriage of passengers, the lack of change of metallic coins or banknotes up to the amount which, where appropriate, is regulated.

20. The non-compliance by the users of the obligations which correspond to them, in accordance with the rules for the use of the service established in accordance with the provisions of Articles 40.2 and 41.1, except that the rules in which they are contained rules expressly consider their non-compliance as a serious infringement.

In any event, the violation of the following prohibitions by users of the following prohibitions 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 of any of the safety or relief mechanisms installed in the vehicle for emergency cases without justified cause.

20.4 Abandon the vehicle or access it outside of the stops where applicable, except for justified reasons.

20.5 Perform, 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 enabled for this purpose in transport stations in the terms that result from the specific regulations on the matter.

20.8 Travel without a transport title or with a degree that is insufficient according 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 to be held.

20.9 Any unjustified action that may involve 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 deemed to be a very serious infringement, in accordance with the provisions of Article 140 (1). In the same way, undertakings acting as collaborators shall incur any breach of their obligations.

23. The 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 to be unreadable, damaged or lacking any of the essential particulars.

The liability for the commission of the offences referred to in this number shall be the responsibility of the carrier or, where appropriate, the holder of the vehicle.

24. The transport 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 corresponding.

Article 143.

1. The penalties for the offences listed in the preceding articles shall be graduated according to the social impact of the offending fact, the intentionality, the nature of the damage caused, the extent of the benefit unlawfully obtained and the recidivism or habituality in the offending conduct, according to the rules and within the following forks:

(a) The infringements provided for in Article 142 (18), (19), (20), (21), (22), (23) and (24) of Article 142 shall be punishable by a warning or a fine of up to EUR 200.

(b) The infringements provided for in Article 142 (8), (9), (10), (11), (12), (13), (14), (15), (16) and (17) of Article 142 (8) shall be punishable by a fine of

In the same amount, the infringements referred to in paragraph (a) shall be punished if 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 law in the previous 12 months.

(c) The infringements provided for in Article 142 (1), (2), (3), (4), (5), (6) and (7) shall be punishable by a fine of EUR 301.

In the same amount, the infringements referred to in paragraph (b) shall be punished 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 law in the previous 12 months.

(d) The infringements provided for in Article 141 (25), (26), (27), (28), (26), (27), (28), (29) and (30) shall be punishable by a

In the same amount, the infringements referred to in paragraph (c) shall be punished 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 law in the previous 12 months.

(e) A fine of 1,001 to EUR 1,500 shall be awarded for the offences referred to in paragraphs 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 of Article 141.

In the same amount, the infringements referred to in paragraph (d) shall be punished if the person responsible for the offences has already been punished by means of a decision terminating the administrative route by the commission of another serious infringement of the same paragraph or any of the very serious offences provided for in this law in the preceding 12 months.

(f) The infringements provided for in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Article 141 shall be punishable by a fine of 1,501 to 2000.

In the same amount, the infringements referred to in paragraph (e) shall be punished 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 serious infringement of the same paragraph or any of the very serious offences provided for in this law in the preceding 12 months.

(g) The infringements provided for in Article 140 (24), (25) and (26) shall be punishable by a fine of EUR 2,001.

In the same amount, the infringements referred to in paragraph (f) shall be punished 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 serious infringement of the same paragraph or any of the very serious offences provided for in this law in the preceding 12 months.

(h) The infringements provided for in Article 140 (15), (16), (17), (18), (19), (20), (21), (22) and (23) of Article 140 shall be punishable by a fine of EUR 3,301.

In the same amount, the infringements referred to in paragraph (g) shall be punished 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 law in the previous 12 months.

(i) The infringements provided for in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of Article 140 shall be punishable by a fine of 4,601 to 6,000.

In the same amount, the infringements referred to in paragraph (h) shall be punished 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 law in the previous 12 months.

(j) A fine of 6,001 to 18,000 euros shall be imposed on the infringements referred to in paragraph (i) 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 law in the preceding 12 months.

(k) Where the provisions of Articles 141.31 and 142.25 are applicable, the amount of the penalty to be imposed, as appropriate, shall be within the limits laid down in paragraphs (d), (e) and (f). and (a) (b) and (c).

2. The commission of the offence referred to in Article 140 (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 140 (3) shall bear, in conjunction with the financial penalty concerned, the loss of validity of any certified authorisations or copies of which it was the infringer as appropriate 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 will always be accompanied by the loss of validity of the entire authorization of the offender.

The commission of the infringement provided for in Article 140 (4) shall bear, in conjunction with the financial penalty concerned, the loss of validity of any authorisations, licences or certified copies of The same class as the one used was the carrier to which the name was issued by the Administration.

The commission of the infringement provided for in Article 140 (5) shall bear, in conjunction with the financial penalty applicable, the declaration of revocation of the concession in question and the disablement to be the holder of any concession or authorisation for the 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 140 (1) and (8) may, irrespective of the financial penalty applicable, involve the sealing of the vehicle with which the transport or closure takes place. the premises in 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 paid and the measures which may be provided for its security.

Where, in the commission of the infringement provided for in Article 140 (10), authorised repairers have been involved, irrespective of the appropriate sanction, the competent body shall be proposed to withdraw the authorisation.

3. Where infringements which are to be reported in accordance with paragraphs 1, 4, 6, 8, 10, 19 or 20 of Article 140, 4 or 6 of Article 141 are detected during the road commission, or any of the excess in the time of the driving under Article 142 (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, its immediate immobilisation must be ordered until the reasons for the infringement are deleted, unless circumstances linked to the infringement are met; (i) safety advice not to do so in the particular case in question.

To this end, the members of the Land Transport Inspectorate or agents of the acting forces who are legally assigned to the supervision of the Land Transport Inspectorate shall retain the documentation of the vehicle and, where appropriate, that of the vehicle. goods, as well as the corresponding authorization, until the causes that led to the immobilization are remedied, in any case being the responsibility of the carrier for the custody of the vehicle, its cargo and belongings.

In the same terms, it will take place in those cases where the current inspection would have removed the registration sheet that was being used in the control apparatus of the driving and rest times during the carrying out a transport and the undertaking had failed to fulfil the obligation to carry on board other spare parts, as well as those in which the driver's card had been removed for that purpose.

Furthermore, the immobilization of a vehicle may be ordered when infractions are detected on the road in which circumstances may present a danger to safety.

In the cases of immobilization of vehicles carrying passengers, and in order to be affected by them

the least possible disturbance, it will be the responsibility of the transport whose vehicle has been immobilized to seek the alternative means necessary to make the travelers reach their destination. Failure to do so may be established by the Administration. The costs incurred in the adoption of such measures shall, in any event, 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. Irrespective of the pecuniary sanctions which correspond in accordance with this law, the sanction resolution in which the repeated failure to comply with the circumstances laid down in Article 140 (15) or (16) may be agreed may be agreed. the expiry of the special concession or authorization in question with the 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 140 (17) or (18) may be observed may lead to the loss of validity of the authorisations of the offender.

For the purposes set out in this paragraph, it shall be deemed to be non-compliance repeated where the relevant undertaking has been sanctioned, by means of resolutions ending the administrative route, by the Commission in a a year of three or more serious infringements of a very serious nature in breach of the circumstances referred to in Article 140 (15), (16), (17) or (18).

5. The imposition of the penalties which, where appropriate, will be independent of the possible obligation to compensate for the damage caused.

Article 144.

1. The commission of two or more infringements of the provisions of Article 140 (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, neither can he be able to provide his professional training to any carrier or auxiliary and complementary activity of transportation.

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 for the alleged recidivism to occur in this article to occur, the sanctions taken into account must have been imposed by means of a resolution that 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 140 (10) or (11) or (1), (2) and (5) of Article 141 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 dealt with independently of the previous one by the commission of the offence referred to in Article 140.7.

Article 145.

The infringements of the legislation on land transport will be prescribed, in accordance with the conditions laid down in Law 30/1992 of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure within one year.

The sanctions of the legislation of the land transports will prescribe in the deadlines and conditions laid down in Law 30/1992, of November 26, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure.

Article 146.

1. Jurisdiction for the imposition of the penalties provided for in this Chapter shall be the responsibility of the bodies which are legally or regularily assigned to it.

2. The procedure for imposing the penalties provided for in this law shall be in accordance with the specific rules which are laid down in law, and as not provided for by those rules, shall be as laid down in Law No 30/1992 of 26 November 1992. of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

In order to establish the possible existence of any of the alleged reoffending or habituality in the infringing conduct referred to in this chapter, the processing of any penalty procedure by the commission of the Offences defined in this law must expressly include the consultation of the General Register of Carriers and Companies of Auxiliary and Complementary Activities of Transport to enable us to know if there are any previous sanctions to determine such recidivism or habituality.

The maximum period for notification of the resolution of the sanctioning procedure shall be one year from the date of initiation of the procedure.

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

The bodies of the various public administrations competent to sanction the infringements provided for in this law shall communicate to the General Registry of Carriers and Companies of Auxiliary and Complementary Activities of the Transport referred to in Article 53 of the penalties imposed by them, in order for the relevant entry to be made, within the maximum period of 30 days, counted from the sanction resolution terminating the administrative route.

3. Financial penalties may be imposed in accordance with the rules laid down in law.

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 file, the financial amount of the penalty The proposal will be reduced by 25 percent.

The payment of the pecuniary sanction prior to the adoption of the penalty decision shall be equivalent to the termination of the procedure, except in those cases where a penalty for the penalties provided for in the Articles 143 or 144, in which case the procedure shall be continued until its ordinary termination in respect of the said ancillary sanction. Even in cases where the sanctioning procedure is terminated in this way, the person concerned may bring the same remedies to those which would have been the case if the procedure had been terminated in a manner ordinary by express resolution.

4. In the imposition and enforcement of penalties for offences committed by persons who do not credit their residence in Spanish territory, the rules set out below shall apply, together with those which, where appropriate, are indicated It is expressly regulated.

When the notification is attempted at the address of the defendant, it could not have been carried out, the notification shall be forwarded to the competent ministerial department in the field of transport of the country in which it resides (i) the transfer of the information.

The commission of very serious misconduct, 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 Spanish territory for a period of five years.

It shall be considered, for these purposes, that there is repeated non-compliance when the said person has been sanctioned by a decision terminating the administrative route by the commission within a period of two years of five or more years. very serious infringements.

Where the penalties imposed by a decision ending the administrative route are not met on a voluntary basis, it may be possible to proceed if the vehicle concerned has been fixed during the procedure. of the file, for sale in public auction, in the form that is regulated, with the money obtained affected to the payment of the amount of the penalty, of the expenses incurred by the immobilization and the auction, as well as of the expenses that may have occurred as a result of the provisions of the last paragraph of the Article 143.3. The excess shall, if any, be made available to the person complained of.

5. With regard to the enforcement of the sanctions, the specific rules which are to be established and, as far as they are not provided for, will be applied to the provisions of Law No 30/1992, of the Legal Regime of the Administrations. Public and the Common Administrative Procedure, and the General Rules of Collection.

The payment of the pecuniary sanctions mentioned in this law, imposed by resolution that ends the administrative route, will be a necessary requirement for the granting of new enabling titles for the carrying out any kind of internal or international road transport or any of its ancillary and complementary activities, as well as for the carrying out of the visa, the transmission or modification of any of those already the offender is the owner.

Furthermore, the performance of such a penalty payment will be a requirement for the administrative authorisation to transfer the vehicles with which the infringements referred to have been committed. Penalties correspond.

CHAPTER II

Control instruments Article 147.

1. During the performance of the services and activities covered by this law, the administrative control documents which, where appropriate, shall be determined shall be carried out 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 carried out must, for their part, be marked by the labels and flags which, for the exact identification of the characteristics of the service or the enabling title (a) to which they are provided, whether they are required to be regulated.

2. Persons who carry out the services and activities provided for in this law must complete and keep at their registered office, within the time limit laid down for the purposes laid down in Article 33.3, the documentation of a administrative or statistical data which, where appropriate, is determined by regulation.

3. 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.

Article 148.

Vehicles intended for the performance of road transport must be fitted and operated during the performance of the driving and rest time control apparatus, the speed limiter, as well as other control mechanisms or instruments in cases where this is required to be regulated or mandatory in accordance with the provisions contained in the international conventions entered into by Spain or in the regulations directly applicable in the European Union. '

Additional disposition first. Coordination with the Central Traffic Headquarters.

Within the maximum period of six months, counted from the entry into force of this law, the Ministries of Development and Interior will adopt the measures that are relevant to ensure the fluidity of the reciprocal data transfer between the information systems of the records in the Directorate-General for Transport by Road and Traffic, so that, at all times, one and other management centres are aware of:

(a) The identity of the natural or legal person or persons who have or have at a certain time held the ownership of a particular vehicle identified by its registration.

(b) The ratio of vehicles, identified by their respective license plates, to the fact that a particular natural or legal person is or has been a holder at a certain time.

(c) The characteristics relating to the number of places, maximum permissible mass and tare or other technical or construction elements on the driving licence of a given vehicle identified by its registration.

(d) The identity of the natural or legal person or persons who have or have at a certain time held the ownership of a particular transport authorisation identified by their number.

(e) The number and class of the transport authorisations for which a particular natural or legal person is or has been a holder at a certain time, as well as the registration of the vehicles to which they were attached authorisations.

In accordance with the provisions of Article 11.2.a) of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, for the transfer of data between the information systems identified in this Law The consent of the affected person shall not be required.

Additional provision second. Coordination with the State Tax Administration Agency.

For the purpose of verifying the exact compliance with the requirements of Articles 48, 95 and 102 of this Law, the State Tax Administration Agency and the bodies assigned equivalent functions in the Administrations of the Autonomous Communities will issue, at the request of the Directorate General of Transport by Road of the Ministry of Development and in the terms and with the requirements established by the additional provision fourth of the Law 40/1998 of 9 December of the Tax on the Income of Physical Persons and Other Rules Tax for their development, relationship by computer or telematic means about the performance of tax obligations and the absence of tax debts by natural or legal persons holding concessions, permits or licenses for the realization of land transport or any of its ancillary and complementary activities.

Additional provision third. Coordination with Social Security.

1. For the purpose of verifying the exact fulfilment of the requirements laid down in Articles 48, 95 and 102 of Law 16/1987 of 30 July 1987 on the Management of Land Transport, and of what is specified in the rules in relation to those requirements, For their development, the competent Social Security organs will issue, at the request of the Directorate General of Transport by Road of the Ministry of Development, relationship on computer support about the fulfillment of their obligations and the non-existence of debts to that entity by natural or legal persons holders of concessions, authorisations or licences enabling them to carry out land transport or any of their ancillary and complementary activities.

2. For the purposes of inspection and control of compliance with the provisions contained in this law and in the rules laid down for its development, the competent organs of social security shall inform, at the request of the Inspection Services of the Land Transport, about the data in its records in relation to the following:

(a) Social Security Regime in which a natural or legal person who holds concessions, authorizations or enabling licenses for the realization of a natural or legal person is in a situation of high land transport or any of its ancillary and complementary activities, with an indication, where appropriate, of the undertaking in which it provides or services its services and of its professional category.

b) the relationship of workers to a particular natural or legal person who holds concessions, authorizations or permits for the conduct of land transport or any of its ancillary activities; and You have or had at a certain time your service and in a situation of high in the system with the category and group of contributions corresponding to the drivers for hire.

In accordance with the provisions of Article 11.2.a) of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, for the issuance of the reports and relations indicated in this provision, it will not be the consent of the affected person.

Single end disposition.

Without prejudice to Article 80 of Law 24/2001 of 27 December, of fiscal, administrative and social order measures, the obligation laid down in Article 147 (3) shall be payable only to the from 1 January 2004 onwards.

Therefore, I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 8 October 2003.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ