Advanced Search

Royal Decree 1830 / 1999, Of December 3, Amending The Regulation Of The Management Of The Terrestrial Transport Partially.

Original Language Title: Real Decreto 1830/1999, de 3 de diciembre, por el que se modifica parcialmente el Reglamento de Ordenación de los Transportes Terrestres.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

The Regulation of the Law on the Management of Land Transports (ROTT), approved by Royal Decree 1211/1990, of 28 September, regulates in Chapter I of its Title II the preconditions of personal character for the exercise of the public transport activity.

To a large extent, this chapter is only a transposition of the main rules contained in Council Directive 96 /26/EC of 29 April on access to the occupation of freight and freight transport operators. road passenger transport operator and the mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to promote the exercise of the freedom of establishment of such carriers in the transport sector national and international, in the field of vocational training, economic capacity and Good repute for the carriers.

This Directive has recently been amended by Council Directive 98 /76/EC of 1 October, which requires a parallel amendment to the provisions of our legislation governing the matters concerned.

Articles 33, 37, 38, 40, and 53 of the ROTT are amended in order to accommodate issues such as the possibility of making compliance with professional training and economic capacity requirements more flexible. for the pursuit of the activity of carriage of goods in vehicles the maximum permissible weight of which does not exceed 3,5 tonnes, as permitted in the new wording of Article 2 (1) of the Directive, without the holders of the In the case of the applicant, the applicant is a Member State. (a) the terms laid down in Articles 17 of Law 16/1987 of 30 July 1987 on the Management of Land Transport (LOT) and 48 of its Rules of Procedure; the definition of the concept of good repute in accordance with the provisions of the new Directive and, finally, the lifting of the economic capacity required of undertakings up to the new minimum limits laid down in that directive.

Mention apart deserves the new treatment that is given to the professional training required for the exercise of the activities of agency of transport of goods, freight and storage-distributor. In its original wording, Article 162 of the ROTT required a specific professional training other than that of the carrier for the exercise of which, of course, it had to focus on those knowledge relating to the organisation of the transport which is considered essential for the pursuit of the business of undertakings which are primarily engaged in the logistics and marketing of transport and which, however, are not in the case of undertakings only dedicated to the carrying out of transport.

However, the new index of subjects constituting the programme of the tests for access to vocational training required of the carriers listed in Annex I to Directive 98 /76/EC has introduced a whole new content relating to logistics, combined transport and other materials which were not present in the programme originally set up by Directive 96 /26/EC, which were the most important part of the programme. program that, in our country, was required to obtain the training certificate professional for the exercise of the activities of agency of transport of goods, of transit and of storage-distributor. It follows that, since the knowledge required to obtain the vocational training required of the hauliers for the new Community programme has to be adapted, it has lost practical sense to maintain a specific training for the ancillary and complementary transport activities which, in short, would have to deal with knowledge virtually identical to those.

It is therefore necessary to modify in this sense the aforementioned article 162 of the ROTT, in which it is identified, now, the training required for the exercise of the activity of agency of transport to the demanded one in relation to the carrier.

In another order of things, and deepening in the process of easing the operating conditions of the transport market, already begun with the modification of the ROTT operated by the Royal Decrees 1136/1997, 11 of July, and 927/1998, of 14 May, Articles 121, and 161 to 163 of the said Regulation are now amended. The aim is to make it possible to increase the dynamism of companies which carry out transport marketing functions, which in their environment bring together other companies that lack their own capacity to carry out this function. by themselves, contributing, in this way, to giving greater stability to the fabric of trade relations on which the road transport market is developed.

To this end, the systems of collaboration between carriers and the operation and organization of the agencies of transport of goods, freight forwarders and distributors-distributors are simplified.

In the field of road passenger transport, Articles 128, 129, 130 and 131 of the ROTT are amended in order to redefine the concept of tourist transport, with a clearer definition of their contours, which had been notably blurred by the disappearance of the travel agencies ' regulatory legislation, the tourism package as an element with a legally defined content.

Particularly, as regards the public transport of passengers in passenger cars, it has been considered appropriate to make the arrangements for the provision of these services in ports and airports more flexible, as main points in which an important traffic is generated, which usually affects a plurality of municipalities. Articles 125 and 127 of the ROTT are hereby amended in order to allow, in general, that the collection at such points of travellers who have previously contracted the service may be carried out outside the municipality which has been awarded by the a self-taxi licence in which the vehicle is covered and/or, where appropriate, the enabling authorisation for the performance of intercity traffic.

As regards international transport, Articles 145 and 148 of the ROTT are amended in order to bring their wording into line with the amendments made by Council Regulation (EC) 11/98 of 11 December 1997. as to the rest of the Community rules governing this matter.

Finally, several amendments are made to the wording of Articles 197, 198, 199 and 200 of the ROTT. The aim is to achieve a more precise adaptation of the regulatory standard to the types of offenders laid down in Law 16/1987 of 30 July on the Management of Land Transport in the light of the experience of the Cumulative case-law since the entry into force of the ROTT.

In its virtue, on the proposal of the Minister of Development, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on 3 December 1999,

D I S P O N G O:

Single item. Partial amendment of the regulation of the Land Transport Management Act.

Articles 33, 37, 38, 40, 53, 118, 121, 125, 127, 128, 129, 130, 131, 145, 148, 161, 162, 163, 164, 197, 198, 199 and 200 of the Land Transport Management Act Regulation, approved by the Royal Decree, are amended. 1211/1990 of 28 September, which are worded as follows:

" Article 33.

1. For the exercise of public transport activities of goods and passengers by bus, compliance with the requirements of professional training, economic capacity and good repute in this Chapter shall be necessary.

Such requirements shall also be met by persons carrying out the activities of the freight, freight and storage agency.

2. By way of derogation from the preceding paragraph, where the circumstances of the market for the carriage of goods in vehicles the maximum authorised weight of which does not exceed 3,5 tonnes, the Minister for Public Works, after the Committee's report, National Road Transport and the National Land Transport Council, may establish specific professional training and economic capacity conditions and different from the general for the exercise of such activity.

3. Without prejudice to the fact that the Administration may, at all times and, in particular, on the occasion of the visa of the relevant administrative authorities, verify compliance with the requirements referred to in the preceding paragraphs, compliance must be established by providing the relevant documentation by persons who obtain for the first time the enabling administrative titles for the exercise of the activities in which the requirements are required. "

" Article 37.

It is understood that the persons in whom none of the following circumstances are not present are of good repute:

(a) Haber has been sentenced, by a firm sentence, for criminal offences with a penalty equal to or greater than six months, as long as the criminal liability has not been extinguished.

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

(c) It has been repeatedly sanctioned, by firm resolution, by the committee of very serious infringements in the field of transport in accordance with the provisions of the following Article.

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

Article 38.

1. For the purposes of paragraph (c) of the foregoing Article, the loss of the requirement of good repute shall be deemed to entail the imposition by a firm resolution of the corresponding administrative penalties by the commission within a period of less than three hundred and sixty-six consecutive days, of five or more serious infringements of the rules on land transport, provided for in Article 140 of the LOT.

In the case of penalties for very serious infringements imposed in accordance with the provisions of paragraph (h) of Article 140 of the LOT for reoffending in serious infringements, they shall be computed only for the purposes of loss. of the requirement of good repute, the penalties imposed for the reoffending of the infringements determined in paragraphs (c), (i) and (p) of Article 141 of the TLOT.

In order to avoid discrimination against higher-volume companies, and with regard to the calculation of the number of penalties referred to in this Article, those resulting from the infringement of Article 140 (b), (c) and (h) The number resulting from the multiplication of those actually imposed by [5 /(4 + N)] shall be counted as the number of vehicles provided with transport authorisation or TD, with which the relevant undertaking may carry out transport. In the case of transport agencies ` ` N '' will be equal to 10, plus the number of provinces in which, where appropriate, the local agency is open to the public, multiplied by 10.

2. The loss of the requirement of good repute by the commission of the administrative offences referred to in the preceding paragraphs shall be incurred in relation to persons carrying out the effective management of the relevant undertakings. In addition, if it concerns individual undertakings, it will also entail the loss of the employer's good repute requirement for the relevant authorisations or concessions.

However, without prejudice to the requirement of liability under the terms of Article 138 of the LOT, the loss of good repute shall not occur in respect of the persons referred to in the preceding paragraph when They justify the fact that the relevant infringements are not directly imputable to them, nor on the basis of the functions and responsibilities which the company's leaders are responsible for.

3. The period for which the requirement of good repute shall be deemed to be lost shall be four months for each administrative penalty, starting from the date of notification of the decision declaring the loss of the requirement. '

" Article 40.

1. The economic capacity will consist of having the necessary financial and material resources to guarantee the correct implementation and the good management of the company.

2. Undertakings carrying out the carriage of goods or passengers must have a paid-up capital and reserves of at least EUR 9 000 (pesetas 1,497,474) when using a single vehicle, to which EUR 5 000 is added (pesetas 837,930) more for each additional vehicle.

Companies that carry out the activities of freight, freight and storage agencies must have a paid-up capital and reserves of at least 60,000 euros (9,983,160 pesetas).

The Minister of Public Works will be able to raise these amounts up to three times when market circumstances determine that only companies with a higher economic capacity than the above mentioned are suitable for be effectively unwrapped.

For the purposes set out in this paragraph, the Minister for Public Works may determine that, where the best management of a transport sector or sub-sector so advises, that the economic capacity of the undertaking is permitted or required, accredit by the deposit in cash or securities in the General Deposit Box of the quantity in question or by means of a guarantee or guarantee of financial institution or of a law firm recognized by that amount, enforceable judicially by the creditors of the company.

3. The Minister for Development may also determine specific economic capacity conditions, in particular the minimum number of vehicles, the material means required, the volume or capacity of the undertaking and the guarantee or solvency of the undertaking. The Minister shall also, where appropriate, lay down the requirement for compliance with other conditions which, in accordance with European Union legislation, are to be enforceable.

4. The Administration may in any case verify the appropriate financial statement of the undertakings and the provision by the same of the necessary resources referred to in paragraph 1 above by the assessment of: the annual accounts; available funds, including liquid banking assets, the possibility of obtaining loans and loans or borrowings; the available assets, including properties, which the company may use as collateral; including the purchase cost or the initial payments of the vehicles, premises, facilities and equipment, and the operations fund.

For the purposes of this paragraph, the Administration may accept as proof of the appropriate financial statement of the company the confirmation or guarantee given to the effect by a legally established credit institution.

5. Compliance with the economic capacity requirement may be required at the time of application for the corresponding enabling securities, in the case of the granting of such securities or the date of commencement of the effective exercise of " the activity, (a) in accordance with the provisions laid down by the Minister for the Promotion of the Regulatory Rules for the various types of securities, taking into account the special characteristics of the transport or ancillary or ancillary activities to which the They refer. "

" Article 53.

1. Persons who are part of the cooperatives of hauliers or of the marketing companies governed by Article 61 of the LOT, irrespective of the services marketed through them, may carry out other services than (a) they shall, without prejudice to the obligation of the rules on that question, if necessary, set out in the statutes of the relevant cooperative or marketing company.

2. The marketing companies group the transport companies for the performance of functions for the collection of loads, the hiring of services and the marketing of their partners, analogous to those legally attributed to the cooperatives of (a) the transport of goods and services in the Member States of the European Community;

Both natural and legal persons may be part of the marketing companies.

3. The social capital of the cooperatives of hauliers and the marketing companies shall be higher than the following amounts:

(a) Cooperatives or companies with a number of partners not exceeding 15: 10,000 euros (1,663,860 pesetas).

(b) Cooperatives or companies with a number of partners exceeding 15 but not exceeding 30:

30,000 euros (4,991,580 pesetas).

(c) Cooperatives or companies with a number of partners exceeding 30: 60,000 euros (9,983,160 pesetas).

The participation of each of the partners in that capital will not be able to maintain a manifest disproportion with the load capacity of the vehicles covered by authorizations from which they are the holders, and it is possible to determine the Ministry of Public Works, in order to avoid the aforementioned disproportion, the relevant rules.

The partners of the cooperatives of carriers and of the marketing companies must be in any case holders of authorizations of public transport, not being able, on the contrary, the referring entities to be holders of these authorisations.

4. The statutes of the cooperatives of hauliers and of the marketing companies shall be endorsed by the competent authority of the transport administration and shall be registered in the sub-section which shall be such as to be The General Register of Carriers and Companies of Auxiliary and Complementary Activities of Road Transport.

5. The provisions of this Article and the foregoing shall be without prejudice to the application in all the non-expressly provided for in the arrangements laid down in the specific rules governing cooperatives. "

" Article 118.

1. In those cases where, in accordance with Article 110, the authorisations of public discretionary transport are granted in respect of a particular vehicle whose identification is on the same and such a grant is found to be subject to limitations due to the age of the vehicles or other type, those may be transmitted to other operators, provided that the Administration so permits, making the corresponding subjective novation of the same in for the acquirers.

Such transmission shall be subject to the fact that the acquirers comply with the personal requirements laid down in Articles 42 and concordant of this Regulation, as well as compliance with the specific rules relating to the Minister for Development shall be determined by the transmission, which may in particular make it conditional on the transferring undertaking not having reduced the number of authorisations which it held in a given period of time, or the production of the the transfer of the entire company.

In any event, the transfer of authorisations shall be conditional upon payment or compliance with the penalties which, where appropriate, the undertaking is pending in relation to the authorisations which are the subject of transmission.

2. Where the circumstances provided for in the preceding paragraph are not provided, the authorisations for the occasional carriage of passengers and goods shall be non-transferable, except in the case of joint transmission in favour of a single acquirer of all the the transport capacity of the transferor at that time. To this end, the acquirer must prove that he has a number of vehicles equal to that of the transferor, with equivalent characteristics, either because, in turn, he would have acquired the ones he owned or because he would have replaced them by others.

As in the case above, in this case too, the transmission will be conditional on the payment or enforcement of the penalties which, if any, the undertaking will have to carry out in relation to the authorisation transmission. ' " Article 121.

The hiring of the collaboration of other duly authorized carriers, in accordance with the provisions of Article 97 of the LOT, which is carried out by a company to meet the demands of its discretionary transport goods which he or she receives from his customers may not at any time exceed 100 per 100 of his own transport capacity, measured by the number of vehicles. " " Article 125.

As a general rule, the services referred to in this section, except in cases other than those provided for in the following Articles 126 and 127, shall be initiated in the term of the municipality to which the (a) an urban transport licence or in which the authorisation for intercity transport is resident, where it has been issued in accordance with the provisions of Article 123 (2) without the prior existence of a municipal licence.

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

However, passenger collection services at ports and airports which have been previously and expressly contracted may be initiated outside the term of the municipality which has granted the relevant licence or, in the which, where appropriate, the vehicles are resident, provided that the destination of such services is in that municipality.

The Directorate-General for Railways and Transport by Road or, where appropriate, the Autonomous Communities which, by delegation, have powers over such transport may determine other conditions and conditions in which the vehicles which have previously been engaged may provide services in the territory of their jurisdiction, carrying out the burden of passengers outside the municipality which has granted them the licence or where they are resident.

The bodies in each competent case shall pay particular attention to the monitoring and control of compliance with the conditions required for the provision of services which, in accordance with the provisions of the preceding paragraphs, are start outside the municipality which has granted the licence or in which the vehicle is resident; it may be limited or prohibited by the body which has jurisdiction at the place of destination for such services to be carried out by the they have repeatedly failed to fulfil these conditions. ' " Article 127.

As provided for in Article 116 (3) of the LOT, and without prejudice to Article 125 of this Regulation, where the existence of specific points, such as ports, airports, stations, etc. (a) rail or bus, trade fairs, markets or other similar ones in which important traffic is generated affecting a number of municipalities, transport needs which are not sufficiently met by persons who are the holders of authorisations and licences for the municipality in which the points are situated, the entity A specific scheme, including the possibility of licensed or resident vehicles in other municipalities, may be laid down by a competent authority for the granting of authorization for intercity transport, subject to a report by the municipalities concerned. carry out services with origin in those traffic generating points.

Article 128.

1. Tourist transport must, in any event, be provided within the framework of a prior combination, sold or offered for sale by a travel agency on the basis of a global price, in which, apart from the transport service to the point of destination and return to the point of origin in the same way or in different modes, including at least two of the following supplementary benefits:

a) Accommodation for at least one night.

(b) Food production, without considering the restoration services on board the vehicle, in passenger transport stations or during the staging of intermediate stops between origin and destination of less than three hours.

(c) Other tourist services not ancillary to transport or accommodation and which constitute a significant part of the combination, such as attendance at courses, conferences or sporting events, performance of excursions or visits to centres of cultural or tourist interest, tickets for the attendance of a show at the place of destination, hire of vehicles or tourist guide service, which will require the presence of at least one specialized person, different the driver, who performs such a function and, must be justified by the performance of a visit to a place or centre of cultural or tourist interest.

However, in the services in which the first and the return to the point of destination takes place in less than eight hours, it is sufficient for the transport to be carried out by one of the additional services mentioned above.

2. However, the general requirement that tourist transport should include journeys in return may be accepted, provided that the general rule and the tourist nature of the service are not denatured, that some or some of the users are engaged in isolated stages of the same.

3. The transport of passengers by road with origin or destination at airports, ports or railway stations, contracted with travel agencies together with the relevant air transport, shall also be of a tourist nature. or rail, as a continuation or antecedent of this, provided that the price of road transport does not exceed 40 per 100 of the other way.

4. Tourist transport may be subject to individual recruitment and recovery by seat, with each traveller being given a ticket specifying that it is a tourist service, the journey it comprises, the benefits additional included and the total price.

Article 129.

When the tourist transports are periodic in character and are provided with reiteration of the itinerary, resulting in a service of regular transport of passengers of general use, the price of the contracted combination in which they are included shall be at least 30% higher than the rate of transport in the regular service. The rules laid down in Articles 64 and 65 of this Regulation shall apply for the purposes of assessment of the coincidence.

This requirement may, however, be exonerated by the competent administrative body in relation to the regular line with which the match takes place, at the request of the travel agency, where the relevant On the other hand, in the case of the joint venture, the National Council of Land Transports and the National Committee of the Road Transport, the possibility of carrying out the combination is sufficiently justified. contracted to the prices offered and the specificity of the users that prevents a unjustified competition for the matching regular line.

Article 130.

In order to ensure compliance with the requirements set out in the above articles, travel agencies must communicate to the Administration the tourist transports carried out with reiteration of itinerary and character (a) a periodic or repeated calendar which they intend to carry out, specifying the conditions of supply, the rates and the other services to be included in the combination to be offered for sale. The administration shall prohibit the carrying out of the relevant transport where compliance with the conditions required is not sufficiently justified in the case.

The corresponding services may begin to be provided from the thirty days of their communication to the Administration, if the Administration has not made an express expression in another sense.

Article 131.

Regardless of the tourist transport defined in the previous articles of this section, travel agencies may carry out occasional passenger transport with individual recruitment and recovery by seat, without it is necessary for them to be accompanied by the benefits referred to in Article 128, provided that they are occasional and sporadic, and are intended for a homogeneous group of users, with the transport of a target or common purpose for all of them. "

" Article 145.

For the realization of international public transport of passengers by bus or goods in heavy vehicles, it will be necessary to possess the professional training for the exercise of the international transport activity, the which may be obtained only by persons who also have professional training for the internal transport in the modality concerned, which may be recognised in a differentiated or joint manner. ' " Article 148.

The granting of the enabling licences for the conduct of international public transport of goods or passengers in the territory of the European Union shall be governed by the rules laid down by the Minister for Public Works for the application of the rules of the Union governing the matter.

Those rules shall, in any event, take account of the requirements laid down in Article 145. " " Article 161.

1. For the purposes of carrying out the activity of an agency for the transport of goods, it is necessary to obtain the necessary administrative authorization for the activity of the agency.

2. Except that the Government, due to the causes provided for in Article 49 of the LOT, on the proposal of the Minister of Development, after report of the National Council of Land Transports and the National Committee of the Road Transport, and the Conference is heard National of Transport or, by delegation of the latter, the Commission of Directors-General of Transport of the State and of the Autonomous Communities, establishes a different regime, the granting of authorizations of agency of transport will not be subject to quantitative restrictions, which should be the same in favour of all companies which request that they meet the required requirements.

Article 162.

1. For the granting of the authorization of an agency for the transport of goods, the justification for the fulfilment of the requirements laid down in Article 48 of the LOT shall be specified, in accordance with the concretions of the same Minister of Public Works, as well as the provision of a local, other than the private address of its owner, open to the public prior to compliance with the legal requirements regarding the opening of premises.

This local must be dedicated exclusively to transport activities.

2. The agencies carrying out their mediation activities in connection with the procurement of transport of fractious loads shall carry out their functions of consolidation, deconsolidation and classification of goods and other goods corresponding to the action being taken by the workers integrated in their workforce, carrying out the transport and distribution of the goods by means of the contracting of the goods with public transport undertakings duly authorised in the terms referred to in Article 159.

3. The authorisations of the transport agency shall be of indefinite duration, although they shall be endorsed in accordance with the deadlines and conditions laid down by the Minister for Development.

Article 163.

1. The authorisation of an agency for the carriage of goods shall enable such activity to be carried out in respect of any of the transport referred to in Article 160, whatever its origin and destination.

2. Once the authorization has been obtained, the goods transport agencies may open branches or auxiliary premises in places other than that in which the authorization is located, and the authorization is sufficient for that purpose. prior notice of that opening to the competent authority in the field of transport, by reason of the place in which they are located, by making use of the data identifying the premises, in order to enable the inspection and control of the activities carried out in the same.

Such premises shall, in any event, comply with the same requirements as those laid down in Article 162 for which the head office of the agency is to be established.

As soon as this communication is received, the competent body will carry out the annotation of the new branch or local auxiliary in the General Register of Carriers and Companies of Auxiliary Activities and Complementary to Transport.

Article 164.

Prices to be applied by freight transport agencies will be free. " " Article 197.

Serious violations will be considered:

(a) the carrying out of public transport or ancillary or ancillary activities for which the rules governing the transport of land require an enabling administrative title, lacking the (a) the right to be granted or authorised for the transport or activity concerned.

The provision of services for which some of the special concessions or authorisations regulated in the LOT are required, together with the enabling authorisation for the discretionary carriage of regulated passengers in the LOT. Title III of that Law, which is missing, is considered, in any case, to be included in the infringement established in this paragraph.

For the purposes of their correct qualification, they are considered to be included in this paragraph, without prejudice to others that also imply the lack of the necessary enabling title, the following facts:

1. The provision of public services or activities that exceed the specifically authorised territorial scope.

2. The lack of authorisation for failure to carry out the regulatory visa of the same, even if it occurs in the case of the alleged regulation in Article 146.4 of the LOT, unless the ordinary time limit has not elapsed in the case determined by the Administration to rehabilitate the authorization and all the precise conditions for such rehabilitation are met.

3. Organise, establish or carry out regular passenger transport services without being the holder of the relevant special concession or authorisation, whether or not they are themselves the means with which they are provided and even where authorisation is granted Discretionary transport.

4. The provision of regular services for clandestine travellers, even if the company does not engage with the users and is limited to acting under the direction of the transport organiser, provided that in this case the has issued a warning of the illegal nature of the transport.

5. The performance of traffic not provided for in the relevant concession, including the admission or descent of passengers at unauthorised stop points.

6. Carry out, pursuant to supplementary private transport authorisations, services which do not comply with the conditions expressly provided for in Article 102.2 of the LOT.

7. To carry out the public transport of goods of a kind other than those for which it is enabled by the authorization which it possesses.

8. Carry out discretionary services with individual or tourist collection outside of the expressly permitted or in breach of the conditions established for this purpose.

9. The absence on board of the vehicle of the original of the relevant authorisation where it has been issued in the manner provided for in Article 92 (2) (b) of the LOT, or the supporting documentation resulting from it, also, absolutely necessary to check the legality of the transport to be determined by the Ministry of Public Works, when the transport is carried out under authorisations granted in the manner provided for in paragraphs (a) and (b) of paragraph 1 Article 92 of that Law.

By way of derogation from the foregoing paragraph, where the offender proves that the number of vehicles at his disposal, by any of the legal forms provided for in Article 48.1, does not exceed that of copies of the authorisation or other documents proving their ability to carry out transport and to be on board the vehicle, the absence on board of such documents shall be punishable as a minor offence, as provided for in Article 199 (b).

10. The carrying out of the activities referred to in Article 61 of the LOT by cooperatives or marketing companies not registered in the General Register of Carriers and Companies of Auxiliary and Complementary Activities of Transport by Road.

By way of derogation from the preceding paragraphs, where the offender has previously requested the relevant authorisation from the competent body, in compliance with all the conditions required for its granting, the the lack of such authorisation shall be punishable as a minor offence, as provided for in Article 199 (a).

(b) The provision of services under conditions which may affect the safety of persons as a result of serious and direct danger to persons.

The following assumptions are considered to be particularly incourses in the violation defined in this section:

1. The inappropriate stowage or placement of the load, either originating, or which may arise due to defects in the fixing of the load, which represents risks of damage to the persons.

2. The provision of services using vehicles whose technical conditions do not allow them to function properly.

3. Uninterrupted driving for more than six hours or for more than thirteen and a half hours per day, or minorage by more than 50 per 100 of the mandatory rest periods.

(c) The excess over the maximum authorised weight of the vehicles in the percentages that are related:

Maximum authorised weight-(Tonnes) ............................................ Percent of excess

Of more than 20. ... .. .............. +15

From more than 10 to 20. ... ... ... .................................................................... + 20

Up To 10. ... .. ..................

The liability for such infringement, as well as those provided for in Article 198 (j) and Article 199 (e), shall be the responsibility of both the carrier and the loader and the intermediary, unless any of the they justify the existence of causes of inimputability in respect of themselves.

(d) to bring the distinguishing mark for a territorial area or a transport class for the purpose of which the vehicle is not entitled to the necessary enabling title, in the visible place of the vehicle; (a) where the use of a flag of a greater territorial scope is used than authorised, of a scope for which it does not enable the title to be held or transport of a different kind or nature.

(e) The refusal or obstruction of the conduct of the services of inspection of the land transports that prevents the exercise of the functions that are legally or regulentarily attributed.

This paragraph shall mean any case where persons subject to the legislation of the land transport or their representatives do not, without reason, prevent the examination by the staff of the inspection of land, vehicle, plant and administrative, statistical or accounting documentation of a compulsory nature.

In addition, disobeying the orders given by the land transport inspection services or by the agents directly carrying out the infringement shall be deemed to have been included in the infringement. surveillance and control of transport in the use of the powers conferred on them and, in particular, the failure to comply with the orders to freeze vehicles in the legally intended cases.

f) Public transport, or ancillary or ancillary activities, in breach of any of the following requirements:

1. Having the Spanish nationality, or that of a foreign country with which, pursuant to the provisions of international treaties or conventions signed by Spain, the said requirement is not enforceable in accordance with the said conditions If necessary, additional information is required for this purpose.

2. Credit the necessary conditions of professional training, good repute and economic capacity.

This paragraph shall not be violated when, in accordance with the laws in force in the field of land transport, the performance of the service or activity is exonerated from the fulfilment of any of the related requirements in the same.

No such infringement will be assessed either when the same is met with the absence of the necessary enabling title, in which case only the latter will be subject to the corresponding sanction.

g) Public, internal or international public transport, using enabling titles issued in the name of other persons without prior transmission of the same in accordance with the provisions of this Regulation and in its complementary and development rules.

The liability for this infringement will be for those who use foreign administrative titles as well as for persons whose name they are, unless they prove that the use has been made without their consent.

(h) the abandonment of concessions or authorizations for the regular carriage of permanent passengers for general use or the cessation of the services thereof in the cases provided for in Article 96.2 of this Regulation without the Consent of the Administration.

(i) Serious infringements as provided for in Article 198 of this Regulation, where, in the 12 months preceding their commission, the person responsible for the offence has been the subject of a final decision, for infringement as defined in the same paragraph of that Article.

However, in the classification of the offences defined in this paragraph, the above shall be subject to the provisions of Article 202 of this Regulation.

Article 198.

Serious violations are considered:

(a) The performance of transport with non-compliant vehicles on which the conditions of availability are not legally enforceable, as well as the use of vehicles leased to other carriers or the use of the cooperation of the same outside the cases or in breach of the legally established conditions, unless it is deemed to be very serious, in accordance with the provisions of paragraph (a) of the previous Article. In the same way, undertakings acting as collaborators shall incur any breach of their obligations.

They will constitute an independent infringement each of the transports that are carried out annually, once the maximum permitted percentages are exceeded.

This infringement will not be assessed in relation to the permanent and temporary regular services of travellers for general use, provided that due use is justified in the transport in question of the totality of the vehicles which, in accordance with the relevant granting or special enabling authorization, must be attached to the undertaking.

(b) The conduct of private transport for which a specific administrative title is required without it, unless such infringement is to be regarded as minor under the provisions of Article 142.a) of the LOT.

The lack of a regulatory visa shall be considered to be a lack of title of the document supporting it, even if it occurs because of the non-payment of the financial penalties imposed by final decisions, refers to Article 146.4 of the LOT, unless the ordinary period, where appropriate, determined by the Administration to rehabilitate the authorisation has not elapsed and all the conditions for such rehabilitation are met and declared expressly for the same.

(c) Failure to comply with the essential conditions of the granting or administrative authorization provided for in Article 200, where it is not expressly established in another paragraph of this Article or to be qualified as a very serious infringement, as provided for in the previous Article.

(d) 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 referred to in paragraph (a) of Article 140 of the LOT and of the 197 of this Regulation.

The existence of this violation will be appreciated when mediation is used for a specific service of a person not authorized to it, even if it is to mediate in relation to other different services.

(e) The connivance in unauthorized mediation activities or in the sale of tickets for clandestine services in premises or public establishments destined for other purposes. The responsibility shall be the responsibility of the owner of the industry or service to which the premises are intended.

(f) The sale of tickets for clandestine services and, in general, mediation in relation to unauthorised services or activities, without prejudice to the assessment of the very serious infringement which, where appropriate, corresponds to, where appropriate holds the enabling title to perform mediation activities.

For the purposes of this paragraph and in the two preceding paragraphs of this Article, as well as in paragraph (a) of Article 197, mediation shall be deemed to exist when it is contracted on behalf of third parties or is carried out management, information, provision or contact of users and carriers to promote the procurement of transport, whether or not directly involved in such procurement.

g) Non-compliance with the tariff rate. The liability shall be the responsibility of the carrier and the intermediary and also in the carriage of goods to the other contracting party where his performance is decisive for the non-compliance and, in any case, in the case of the rates below the established minimum rates.

(h) The lack or proper functioning imputable to the carrier, as well as the handling of the tachograph, its elements or other instruments or means of control which are required to be fitted to the vehicle or not pass the periodic review of the same in the legally established time and form.

i) The lack of conservation available to the Administration of the tachograph discs in the terms provided for in the current regulations.

j) The excess over the maximum authorized weight of the vehicles in the percentages listed below:

Maximum authorised weight-(Tonnes) ................................................ Percent of excess

Of more than 20. ... .. .....................

From more than 10 to 20. ... ... ........................................................................ .. +10 up to 20

Up To 10. ... ... ......................

k) The distortion of any control documents or statistics that the company is required to carry or the data in the data.

(l) The repeated non-justified non-compliance exceeding fifteen minutes of departure times in the headings of the regular service lines of general permanent or temporary use of passengers.

For the purposes of this paragraph, reiteration shall be deemed to exist when more than two delays occur within one week or more than five in the one-month period in successive dispatches with the same schedule.

ll) Carage of the mandatory document in which the complaints of the users must be formulated or to deny or hinder their disposition to the public, as well as not to put the same in knowledge of the Administration, according to the referred to in the second subparagraph of Article 222 (4).

m) The procurement of transport with hauliers or intermediaries who are not duly authorised to carry out the contract, provided that the overall procurement of the undertaking has reached the year in question or the previous year the volume of 15 vehicles in passengers or 500 tonnes in goods.

n) Failure by the non-driving vehicle leasing undertakings of the obligation to require the relevant transport authorisation to the lessee, in the cases provided for in Article 178, and of the conditions required for the performance of their activities as provided for in Articles 175, 176 and 177.

n) The refusal or obstruction of the inspection services when the circumstances provided for in paragraph (e) of the previous article are not given.

o) The non-subscription of the insurance that there is an obligation to carry out as provided for in this Regulation and in the complementary and development rules of the same, except that the said lack of subscription is found Criminal code is a criminal offence.

p) Any of the offences provided for in the previous Article, where by their nature, occasion or circumstance, must not be regarded as very serious, which shall be motivated by the relevant decision.

q) The excess of more than 20 per 100 in driving or minorage times greater than that percentage in the rest periods laid down, unless such excess or defect is to be considered as a very serious infringement, in accordance with the provisions of paragraph (b) of the previous Article.

r) The carrying out of transport of dangerous or perishable goods lacking the panels, danger tags or other signs or marks that are required by the specific regulatory regulations of the same or in breach of this, except it establishes a different rating, as well as non-compliance with the health rules or the incompatibility of products which do not have any penalty in its specific rules, unless it is to be considered as a very serious infringement by application of the provisions of paragraph (b) of the previous Article.

s) Any other infringement not included in the preceding paragraphs that the regulatory standards for land transports qualify as serious, in accordance with the principles of the sanctioning regime set out in Chapter I of Title V of the LOT and in this Chapter.

t) infringements which, not included in the preceding paragraphs, are classified as minor in accordance with Article 199 of this Regulation, where in the 12 months preceding their commission the person responsible has been the subject of (a) a penalty for the infringement of the same Article, except in the case of offences referred to in paragraph (o) of the same Article, which are of different nature.

However, the classification of the infringement as defined in this paragraph shall be subject to the provisions of Article 202 of this Regulation.

Article 199.

Minor violations will be considered:

(a) The carrying out of transport or ancillary activities for which the regulations of the land transport require the prior administrative authorization lacking this, provided that the same has already been prior to the competent body, in compliance with all the requirements for its award.

(b) Carry out public or private transport without carrying on board the vehicle the formal documentation proving the legal possibility of providing the same, unless such offence is to be classified as very serious or serious, in accordance with the provisions of Article 197 (a) and Article 198 (b) of this Regulation.

(c) Not to bear in the visible place of the vehicle the flags required by the current regulations, relating to the type of transport that the person is authorized to carry out, or to take them under conditions that hinder their perception, as well as the inappropriate use of the relevant information, unless this is to be classified as a very serious infringement, in accordance with the provisions of Article 197 (d) of this Regulation.

(d) Transporting a greater number of passengers than those authorised for the vehicle in question, unless such infringement is to be regarded as very serious, in accordance with the provisions of paragraph (b) of Article 197 of this Regulation.

e) The excess over the maximum authorized weight, in the following percentages:

Vehicles-(Tons) ..................................................................... Percentage of the WFP

Of more than 20. ... .. ... ............................................................... +2.5 to 6

From more than 10 to 20. ... ... ................................................................. + 5 up to 10

Up To 10. ... ... ... ............................................................... + 6 to 15

f) Carage of the required tables of rates, calendars, schedules, notices and other of obligatory exhibition for knowledge of the public.

The lack of these tables will be equated with the location of the same in unsuitable places and any other circumstance concerning their size, readability, wording or other circumstances that prevent or cause difficulties in the knowledge by the public of its content.

g) Failure to comply with the general rules of police and fixed installations and vehicles, except that such non-compliance must be qualified as a serious or very serious infringement, as provided for in the previous articles.

h) The deal disconsidered with users. The infringement referred to in this paragraph shall be punishable in the light of the assumptions made in this respect by the rules on the rights of users and consumers.

i) the failure by the users to comply with their obligations under the rules for the use of the service provided for in Article 40 (2) of the LOT, and in Article 41 (1) of that Law, unless the rules in which those rules are contained expressly consider their non-compliance as a serious infringement.

(j) Non-communication of the change of domicile of persons holding enabling securities, as well as any other data or circumstances to be included in the Register referred to in Article 49 of this Regulation or that there is an obligation for another cause to be brought to the attention of the Administration.

When the lack of communication of the data referred to in this paragraph is decisive for the knowledge by the Administration of the sanctionable facts, the limitation period shall be considered interrupted until the communication takes place, as provided for in Article 203 (2) of this Regulation.

(k) The procurement of transport with non-authorised carriers or mediators, where the volume of the overall procurement of the undertaking does not reach the minima laid down in paragraph (m) of the previous Article.

(l) The excess in the driving or minoring times of the rest periods, unless it is deemed to be a serious or very serious infringement.

m) The lack or lack of essential data of any control documents or statistics that the company is required to carry.

n) The application of the authorization visa outside the deadlines determined by the Administration.

In any event, the application for the rehabilitation of expired authorisations for lack of a visa shall be deemed to be included, without prejudice to the possibility of such rehabilitation being granted where appropriate.

n) Any of the offences provided for in the previous Article, where, by their nature, occasion or circumstance, must not be regarded as serious, the existence of such circumstances must be justified and the resolution.

or) shall be considered to be minor offences, all of which, assuming direct infringement of the applicable laws or regulations in each case, are not expressly listed and classified in the preceding Articles of this Regulation.

Article 200.

1. For the purposes referred to in Article 198 (c) and Article 201 (6), consideration of the essential conditions of the concessions and administrative authorizations relating to road and road transport shall be taken into account. Ancillary and complementary activities shall be carried out in accordance with the provisions of this Article.

2. These are essential conditions for the concessions and authorisations of regular public passenger transport by road:

1. The maintenance of the requirements set out in Article 42 of the LOT.

2. The realization of the service.

3. The provision of services according to authorized traffics.

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

5. The provision of the service with vehicles covered by a discretionary transport authorization of sufficient territorial scope, except for expressly excepted cases.

6. The compliance by vehicles that provide the basic services of the requirements and technical characteristics required in the concessional title, including those relating to seats, footrest, sound.

7. The provision of the additional services offered by the successful tenderer and collected in the concessional title, such as the delivery of press, food or drinks to the users, children's day care.

8. ° The respect of the established stopping points, as well as the itinerary, schedule, schedule and rates, except in the cases of force majeure or fortuitous case.

9. The performance of the number of expeditions established in the concessional title or in the authorization, as well as the availability of the minimum number of vehicles to be determined, and the compliance with these vehicles of the conditions required by them.

10. The performance of the service without unreasonably transhipping users during the journey.

11. Do not sell a number of places per vehicle superior to that of the authorized in the concessional title.

12. Transport free of charge, in the case of cases and up to the limit, in the case of passengers ' luggage in the general use of transport.

13. In special use transports, the specific character of the users.

14. In the case of transport of special school use, the presence of an appropriate person duly accredited by the carrier or by the contracting entity responsible for the care of children, where this is necessary.

15. The other, which, by affecting the configuration of the nature of the service or activity, the delimitation of its scope or the requirements required for its granting and realization, are expressly determined by the Minister of Public Works.

3. These are essential conditions for the authorisation of the discretionary and leasing of vehicles with and without driver:

1. The maintenance of the requirements set out in Article 42 of the LOT.

2. 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.

3. The obligation of the holder of the authorization to assume the position of the porter in all the transport contracts that he carries out under this authorization.

4. º The radius or territorial scope of authorized action.

5. Dispose of the minimum number of vehicles or premises open to the public or facilities that meet the conditions to the established effect, when this is obligatory.

6. º In the authorizations of discretionary passenger transport, the non-reiteration of itinerary,

except for cases of tourist transport expressly excepted.

7. The exclusive transport of the goods for which the vehicles are authorised, in cases where the authorization has been granted with such specificity.

8. The exercise of the authorization granted to the carrier within the maximum volume limit of the permitted transport.

9. The specific limitations laid down in the authorisation in relation to vehicles to be used for the transport and, where appropriate, the carrying capacity or other characteristics of the vehicles.

10. The overall procurement of the vehicle's capacity in the discretionary public passenger transport, with the exception of the derogations provided for in this Regulation.

11. The provision of the service with the vehicle to which the authorisation is concerned and the fulfilment of the necessary technical and safety conditions.

4. The following are considered essential conditions of the enabling authorisations for the exercise of the activities of transport, freight and storage agency:

1. The maintenance of the requirements set out in Article 42 of the LOT.

2. The performance of the activity in a regular manner, and by the authorized natural or legal person.

3. The realization of the intermediation activity as a commission in its own name, hiring on its own behalf with the shippers or users and the holders of transport authorizations, assuming in front of the position of the carrier and in the light of the obligations and responsibilities of the charger.

4. º The performance of the activity in the authorized premises.

5. The communication to the Administration of the opening of branches or auxiliary premises, as well as the fulfilment of the requirements demanded in relation to those.

6. The provision of the service with authorized porters for the type of transport in question.

5. They are regarded as essential conditions of the authorisations or concessions of other ancillary and complementary transport activities those aspects which shape the nature of the activity concerned and delimit its scope, in addition to the exercise of the activity by the holder of the authorization, and the maintenance of the conditions required for its granting and realization; the Minister of Development may carry out the concretions that, if necessary, are accurate. "

Single additional disposition. Reduction of the percentage of the price of tourist transport on the regular general use coincident with that.

By Order of the Minister of Public Works, heard the National Council of Land Transports and the National Committee for Road Transport, the percentage in which the price of the tourist transport must exceed that of the a regular general use, when the market circumstances so advise.

Single repeal provision. Special derogation rules.

Article 288 (5) of the Regulation of the Land Transport Management Act is repealed.

Given in Madrid on 3 December 1999.

JOHN CARLOS R.

The Minister of Development,

RAFAEL ARIAS-SALGADO MONTALVO