The successive amendments which have been introduced in our legislation on the management of land transport, in order to bring about a progressive liberalisation of the market for the transport of passengers, have made the free trade pact. contract between carriers and transport users the central axis on which the entire operation of the transport operator is supported.

As is obvious, such a market can only achieve adequate levels of operation if it meets minimum transparency requirements and is exempt from practices based on domain or domain positions. Unfair competition, the inspection and control functions attributed to the competent administrative bodies are of particular importance.

In order to achieve the objectives pursued, in relation to free competition and necessary market transparency, it has appeared appropriate to update the rules on documents and other control instruments which have to be fulfilled by those involved in the recruitment and performance of the services, adapting them to the usual practice of the companies, so that their compliance will involve them as little as possible as possible, but in a way that, However, the competent administrative bodies have sufficient knowledge of the the commercial operations carried out to achieve an effective development of the functions of control, inspection and consolidation of the market which the Administration corresponds to.

In its virtue, in use of the authorization granted by the 11th additional provision of the Land Transport Management Regulation, and prior report of the National Committee for Road Transport and the National Council Land Transport, I have:

Article 1. Road book.

In execution of what is available in the number 2 of article 222 of the Regulation of the Law of Land Transport, in future ROTT, approved by Royal Decree 1211/1990, of 28 September, all buses intended for the interurban public transport of passengers, whether they carry out an internal or international service, they must be provided with the corresponding road book.

The road book will be free to edit, adjusting in its clothing to the model that is listed as Annex I of this Order, with a minimum size of 30 by 20 centimeters and with a minimum capacity of 50 sheets, correlatively numbered.

In the cover of the book, the registration of the vehicle shall be designated, and the name and address of the holder of the authorization of transport in which it is protected, as well as the class and number thereof.

Before starting the use of each route book, the carrier must submit it, with the completed cover data, to the administrative body responsible for granting the authorization to be granted the vehicle, in order for it to be taken over by the vehicle. After 15 days, at the latest, since a new book has been completed, the carrier must submit to that body the book referred to the same vehicle immediately before, in order for it to verify its effectiveness. completion.

Once a road book is completely completed, it must be kept at the disposal of the Land Transport Inspection Services for one year, counted from the date of the last recorded entry.

Article 2. Fulfillment of the route book.

The driver must enter in the route book, successively and before his initiation, all the inter-city and urban passenger transport services which are being carried out with the bus, in accordance with the provisions of this Directive. Article. The empty journeys shall not be entered.

All entries in the book shall be written in indelible letters, without the presentation of any attachments, scrapings or amendments which make it difficult to recognise or distort the data contained therein.

For each service to be performed, the following specifications must be completed, including the following:

The date the service is performed.

Source, indicating the place or location, and the province where the service starts.

Destination, indicating the place or location, and the province where the service ends.

Type of service, by means of a cross pointing to the appropriate box according to the following modes:

a) Regular or permanent regular service for general use.

b) School service.

c) Service of workers.

d) Other special use services.

e) Discretionary service f) Tourist service.

Contracting, pointing to the following way the identity of the person or company that contracts the service object of annotation:

a) If you are engaged with a travel agency, agency name, tax identification number, tax identification code or tourist identification code of the agency.

b) If you are engaged with another carrier, in collaboration with this carrier, name of the carrier and national identity document or tax identification code of the carrier.

(c) If the entire service, the user's name and the national identity document or the tax identification code of the user are hired directly with a single user.

(d) If the person is hired for a place with an individual payment for each user, the holder of the authorization in which the vehicle is protected also holder of the concession or authorization of the service, the words shall be written:

"Individual Payment".

Expeditions, mention that will only be reviewed when a permanent or temporary regular service of general or regular use is carried out, in which the same itinerary is reiterated throughout the day, in which case it will be sufficient Note the first expedition of the day in each direction, recording in this box, at the end of the day, the total number of expeditions made.

Article 3. Book and claims sheets.

In compliance with what is set out in Article 222 (4) ROTT, companies engaged in the carriage of passengers by road and the activities of leasing vehicles and passenger transport stations they must have the relevant book or claim sheets in which the users can make their complaints, so that they can be known to the Administration.

A copy of the book or a sufficient number of claims sheets must be made available to users at the following locations:

(a) In fixed installations authorised to expend banknotes attached to any permanent or temporary regular or permanent public transport authorisation for the general use of road passengers.

(b) In all vehicles carrying out regular public passenger transport, whether they are permanent or temporary and for general or special use, except for those providing urban or metropolitan services of similar characteristics to Urban areas which, after authorisation of the competent body, may be exempted from such an obligation, without such exemption being able to reach them when they carry out any other of the services provided for in this Article.

(c) In all vehicles carrying out occasional public passenger transport or arriving with a driver.

(d) In all passenger transport stations and in the premises of the leasing companies of vehicles with or without a driver intended to serve the public.

In all premises and vehicles where it is mandatory to have a claim book there will be a sign that specifies: "There is a claim book available to the public user".

The model and features of the book or claim sheets are the ones listed as Annex II to this Order, adjusting their use to the following rules:

(a) The owner of the service or activity must present the book of complaints to the competent body for the granting of the authorization to which the vehicle is protected or, in the case of books to be attached to the local authorities, before the competent authority in the field of transport, where they are placed, for the purposes of their application, to the end of which the precise information contained therein must be completed.

This book shall be free to edit, in accordance with the model set out in Annex II. It will consist of several copies of claims sheets, which are relatively numbered. Each claim sheet shall be made up to four copies of the same numbering, for:

The first, for his mandatory referral to the organ that completed the book.

The second and the third, for delivery mandatory by the holder to the claimant, which may refer the latter to the organ which in each case corresponds, if it so deems appropriate.

The fourth, for the holder, and will be attached to the book for its constancy.

(b) Each complaint shall be made in writing on a sheet of the book, including the facts which are the subject of the complaint (name, surname, number of the national identity card, address and signature of the claimant). as the place and date of the claim.

Also, any other data you consider to be of interest to a better knowledge of the claim may be entered by the claimant.

The owners of the services and activities shall be obliged to provide the book of complaints to the users who so request, for the purposes specified in this article.

c) The claim by the user, the owner of the service or activity will give the copies of the corresponding sheet destined to the claimant and, within thirty days, he will send to the organ that completed the book the copy of that sheet to the intended, in union of the report or the arguments which it considers appropriate to carry out on the facts reported by the claimant, concluding with the indication of whether he accepts or rejects the claim.

d) Diligent of the second and successive claims books for the same vehicle, service or activity will require the return of the book previously completed, unless the impossibility of doing so.

When complaints concerning regular passenger transport services are made, the body which receives the copy of the complaint referred to in paragraph (c) above shall transmit a copy thereof, for the appropriate purposes, to the body which has jurisdiction over that service.

Article 4. Register of services for the regular public transport of passengers for general use.

In implementation of the provisions of Article 222 (3) ROTT, undertakings holding concessions or authorisations for the regular public transport of passengers by road for general use must keep a register of the services within these services, in which they shall, on a daily basis, record for each issue and vehicle at least the following data:

Denomination of the concession to which the issue corresponds, according to the nomenclature used by the Directorate General of Road Transport.

Identification of the route to which the issue belongs, according to the nomenclature used by the Administration, with indication of its origin, destination, date of completion and time of departure.

Number of the vehicle, when several are the ones that make up the expedition.

Registration number and number of the discretionary transport authorisation on which the vehicle or vehicles used are covered.

Identification of drivers of the vehicle or vehicles by name, two surnames and number of tax identification.

Number of tickets issued for travel on that issue with indication of origin, destination and price, Value Added Tax included, of each one.

Total collection, Tax on the Added Value included, of the expedition.

This record may be supported by any graphical or computer support, in accordance with the model and format that best suits the concessionaire, provided that it contains the data previously stated.

The company that holds the concession or authorization must keep in its tax domicile, at the disposal of the Land Transportation Inspection services, the registration of the services carried out during the whole of the following year the one in which they were made.

The obligation contained in this article will be extended both in relation to the vehicles attached to the concession or authorization as with the non-attached, own or other, which, by way of reinforcement or other causes, the holder of (a) that is used in the provision of the regular transport in question.

Article 5. Documentation of the collaboration of other carriers in the conduct of regular and special transport.

In accordance with Articles 85.2, 107.2 and 222.3 ROTT, where the holder of a regular public transport concession or authorisation of general or special travellers provides services by means of the the cooperation of another carrier, must be carried on board the vehicles provided by it, in addition to the other documents mentioned in this Order, a supporting document issued, sealed and signed by the holder in which the service is indicated or specific services for which such collaboration has been contracted, in accordance with the official model which figure as Annex III to this Order, as well as, where applicable, a copy of the authorisation for regular transport of special use.

On the other hand, the holder of the regular transport must keep at the company's tax domicile, at the disposal of the Land Transport Inspectorate, a duplicate of the supporting document referred to in the preceding paragraph, until on 31 December of the year following the year in which it was issued.

Article 6. Annual verification of the requirements relating to undertakings holding concessions or authorisations for permanent regular transport of general use.

For the purpose of verifying the proper management of the permanent regular transport services for the general use of road passengers, the undertakings holding concessions or authorisations for this type of transport will have to provide annually to the Directorate-General for Transport by Road, before 30 September each year, an external accounting audit and a management report relating exclusively to the exploitation of the concession in each case during the previous financial year, whether the holder of the concession is a natural person or legal.

Article 7. Quarterly verification of the data for the operation of concessions or authorisations for regular regular public transport of general use.

In accordance with the provisions of Article 81.6 ROTT, holders of permanent regular public transport concessions or authorizations for general use shall be obliged to provide the Directorate on a quarterly basis. General de Transportes por Carretera a summary of the services provided under the concession, with the identification of the same according to the nomenclature used by the aforementioned Directorate General, in which the following data shall be contained separately to each of the traffics that integrate it:

Total number of displaced travelers.

Total traffic volume measured in travelers/km.

Total traffic volume measured in vehicles/km.

Volume of traffic served by vehicles assigned to the concession, measured in vehicles/km.

Volume of traffic served by own vehicles not attached to the concession, measured in vehicles/km.

Volume of traffic served by the collaboration of other carriers, measured in vehicle-kilometres.

Total collection, Value Added Tax included, obtained by the company.

Identical summary should also be provided in relation to each of the routes that make up the concession.

This summary shall be sent to the competent body before the 10th of the second month of the quarter following the year referred to therein.

The summary must be presented on magnetic medium directly readable by computer, the content of which will be adjusted to the characteristics which, to this effect, will determine the Directorate General of Transport by Road.

For the purposes of this Order, the set of circulations, in one and the other sense, shall be considered as an independent traffic, which are carried out between two distinct localities or population cores in which the services Concessional stop taking and leaving travellers. For the same purposes, the concessional route shall mean the set of concession expeditions which serve identical traffics.

Without prejudice to the above paragraphs, the Directorate-General for Road Transport may at any time apply to holders of permanent and general public regular public transport concessions. for road travellers as many other data relating to the operation of the service of such an estimate.

Article 8. Flags of regular public transport vehicles for the general use of road passengers.

In implementation of the provisions of Article 83.4 ROTT, vehicles carrying out inter-city services corresponding to concessions or general public regular public transport authorisations must be found identified while performing the service in question by means of a sign, located on the front and legibly from the outside, indicating the name or the name of the concessionaire, the letters and number assigned by the Administration to identify the concession in question and the origin and destination of the consignment performs.

Article 9. Invoicing of the services of discretionary and regular transport of special use by road.

Without prejudice to what is generally available in Royal Decree 2402/1985 of 18 December 1985, and other rules governing the duty to issue and deliver invoices by employers and professionals, the carriers, transport users and intermediaries, organisers and, in general, transport operators will be obliged to reflect on all invoices which are issued to each other in relation to each of the contracts of discretionary and regular transport special use by road to take the identifying elements of the service provided of which they are a consequence.

These invoices must include, in an individualized relationship, each of the services contained in them, identified by their unique characteristics.

For this purpose, minimum identifying elements of the service provided, which shall in any case be included in the corresponding invoices, shall be as follows:

Name or social name, tax identification number or tax identification code and address of the parties involved in the contract.

Places of origin and destination for each shipment included in the invoice.

Date of completion of each shipment included in the invoice. Where, by means of a single contract, the performance of a set of identical dispatches has been concluded for a certain period of time, it is sufficient to indicate the period for which the invoice is concerned and the total number of dispatches. made during the same period.

Registration of the vehicle used in carrying out the transport of each of the shipments included in the invoice.

Price of transport shipments included in the invoice.

In accordance with the provisions of Article 33.2 of Law 16/1987 of 30 July, of the Land Transport Management, carriers, transport users and intermediaries, organizers and, in general, Transport operators shall be obliged to keep the invoices which are issued to each other as a result of the contracts for the carriage of passengers which they conclude with each other for at least one year at the disposal of the Transport Inspectorate Terrestrial.

Article 10. Safety recommendations for the regular and occasional carriage of passengers by bus.

Companies holding concessions and authorisations for the carriage of passengers by bus will be required to provide the necessary means to ensure that passengers have had access to sufficient minimum information on the most relevant travel arrangements and elements of the vehicle intended to ensure their safety, from the moment they access the vehicle or immediately before.

For this purpose, such information, which may be communicated orally or through any graphic or audiovisual medium, shall at least refer to the following:

Location of doors, access and exits of relief, as well as the most appropriate way to use them.

The location of fire extinguishers.

Use of seat belts when the vehicle has them.

Existence of first aid kit.

Provisions on luggage placement and hand bumps.

Compulsory to follow the directions of the driver and other accredited personnel of the company regarding hygiene, safety and compliance with the rules that affect them on the part of the passengers.

Top recommendations to follow in case of emergency.

Additional disposition first. Bus flags.

As from the entry into force of this Order, the provisions of the Order of the Ministry of Transport, Tourism and Communications of 25 October 1990 on the transport of passengers by bus will not be applicable to bus transport. flags of vehicles carrying out transport.

Additional provision second. Other rules.

The provisions of this Order shall in any event be without prejudice to the powers conferred on the Autonomous Communities in the various matters governed by this Order.

Single transient arrangement. Validity of route books and claims.

By way of derogation from Articles 1, 2 and 3 of this Order, the road books and claims issued in accordance with the requirements and specifications contained in the Order of the Ministry of Transport, Tourism and Communications of 25 October 1990 on control documents relating to the carriage of passengers and the ancillary and ancillary activities of passengers may continue to be used up to 31 December 2003.

Single repeal provision. Regulatory repeal.

Chapters I, II, IV and V of the Order of the Ministry of Transport, Tourism and Communications of 25 October 1990 on control documents relating to the carriage of passengers and activities are hereby repealed. Article 4 of the Order of the Ministry of Transport, Tourism and Communications of 25 October 1990 governing the distinctive features of vehicles carrying out transport, as well as the number of other vehicles provisions of equal or lower rank are opposed to the provisions of this Order.

Final disposition first. Implementation and coordination.

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

Final disposition second. Entry into force.

This Order shall enter into force on the day following that of its publication in the "Official Gazette of the State", with the exception of Articles 4, 7, 9 and 10, the fulfilment of which shall not be enforceable until 1 July 2003. The obligations laid down in Article 6 shall not be required until 1 January 2005.

Madrid, 20 December 2002.

ALVEZ-HELMETS FERNANDEZ

ATTACHMENTS

(SEE IMAGES, PAGE 921 TO 925).