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On September 18, 1998 Order That Complementary Standards In The Field Of Road Transport Authorizations Are Issued.

Original Language Title: Orden de 18 de septiembre de 1998 por la que se dictan normas complementarias en materia de autorizaciones de transporte por carretera.

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TEXT

The Order of 7 March 1997, for which Chapter IV of Title IV of the Regulation of the Law on the Management of Land Transports, adopted by Royal Decree 1211/1990 of 28 September 1990, is developed, complements the Regulation of the said Regulation on authorizations for the international carriage of goods by road. Two subsequent orders, dated 23 July 1997, developed, in turn, the system of authorizations for the carriage of goods by road and the system of authorizations for private and occasional passenger transport. by bus, respectively.

It is now appropriate to complete the regulation of these orders in order to resolve certain specific issues not expressly provided for in these orders and to correct some specific aspect of the scheme. authorizations.

To this end, this Order regulates, first, the duplicate of the cards in which the authorizations for the public transport of goods for heavy goods vehicles are documented, when this is necessary in the event of loss or the original, imposing the necessary limitations to prevent its fraudulent use.

In the second term, the rehabilitation of certain public transport authorizations for light vehicles with a lower level than the national, subject to the transitional regime of the Order of 23 July 1997, for which the Regulation on the Law on the Management of Land Transport in the field of the transport of goods by road is carried out, in order to facilitate the completion of the temporary period necessary to achieve recognition of the professional training requirement. For this purpose, the deadline for requesting such recognition is extended.

It is established, in the third place, that the public transport authorizations for travellers subject to the regime laid down in the first transitional provision of the said Order are, in exceptional circumstances, possible. July 23, 1997, may be transmitted in favor of the forced heirs of their previous holder, when they are integrated as managerial staff in the company's structure.

The requirements for registration in the Subsection of International Transport Companies of Goods, the General Register of Carriers and Companies of Auxiliary and Complementary Activities of the Transport, in any event, requiring the applicant to be the holder of at least one internal transport authorization with national radio, in order to accommodate the transport area for which they enable within Spanish territory, the Community licence and the authorisation of internal transport under which the simultaneous protection does that. In order to safeguard the rights of carriers who have obtained a Community licence on the basis of internal transport authorizations at a lower level than the national one, it is established, as a supplement to the above, that the transient regime.

In its virtue, heard the National Committee on Road Transport, I have:

Article 1. Duplicates of the cards in which the public transport authorizations for heavy goods vehicles are documented.

1. The loss or loss of the card in which a certain public transport authorisation for heavy goods vehicles is documented shall give rise to the issue of a duplicate by the competent body upon request of the holder.

The applicant for the duplicate must prove that he has formalized the appropriate official denunciation of the loss or subtraction of the card that had originally been issued to him.

2. The competent authority shall issue a duplicate of the missing card.

3. From the issue of the duplicate to the first periodic visa of the authorization concerned, the authorisation shall not be transmitted unless it is carried out in conjunction with the vehicle to which it relates. The vehicle may also not be replaced if it is not transferred to another owner or is documented that it has suffered a disaster which does not totally and definitively inuse it for road transport and has been discharged before the end of the year. the competent authority in the field of traffic.

Article 2. Rehabilitation of public transport authorizations for light vehicles.

The holders of public transport authorisations for a light vehicle of a lower level than the national, subject to the scheme provided for in the fifth transitional provision of the Order of 23 July 1997, number 2, The Regulation of the Law on the Management of Land Transport in the field of authorizations for the carriage of goods by road, may apply for the rehabilitation of such authorizations in those cases where they would have been expired due to a lack of a visa, in the same way as those provided for in Article 22 of the said Order.

However, the rehabilitation will not proceed from the moment the authorizations are redeemed by others at national level.

Article 3. Extension of the deadline to apply for recognition of professional training.

The deadline laid down in number 2 of the fifth transitional provision of the Order of 23 July 1997, for which the Regulation of the Law on the Management of the Rules of Procedure is developed, is extended to 31 December 1998. Land transport in the field of transport authorisations for goods by road, so that persons who are effectively and permanently run collective undertakings holding public transport authorisations for light vehicles Lower-than-national scope and apply for recognition of their professional training.

Article 4. Transmission of public transport authorisations for passengers referred to buses.

By way of derogation from point (c) of number 2 of the first transitional provision of the Order of 23 July 1997, for which the regulation of the Land Transport Management Act is developed in respect of the (a) the number of passengers per bus, individual employers who, by virtue of the provisions of that provision, are holders of discretionary public transport authorisations with a number of passengers; of certified copies less than five, may transmit them in favour of their forced heirs, in the case of death, retirement by age or physical or legal incapacity, even if they do not provide the number of buses sufficient to reach, added to those transmitted to them, a total of five, provided that one of the Following circumstances:

(a) Where the acquirer is a natural person, who is already the holder of the professional training certificate for the pursuit of the internal and international passenger transport activity or, alternatively, worked, at least during the 12 months prior to the date of death, retirement or non-training of the transferor, in the undertaking in which he is discharged under the appropriate Social Security scheme.

(b) The transmission of the authorisation in favour of a plurality of forced heirs shall require at least one of them to comply with the requirements set out in the preceding paragraph.

Article 5. Requirements for the registration in the Subsection of International Transport Companies of the General Registry of Carriers and Companies of Auxiliary and Complementary Activities of Transport.

1. Article 7 of the Order of 7 March 1997, for the development of Chapter IV of Title IV of the Regulation of the Law on the Management of Land Transport, in respect of the granting of authorizations for international transport goods by road, it is worded as follows:

" 1. For registration as referred to in the previous article, it will be necessary to justify to the Directorate General of Railways and Transport by Road the compliance with the requirement of professional training for the exercise of the the activity of inland and international freight transport and to be the holder of at least one public internal transport authorisation of goods of a national scope relating to a heavy vehicle with its own traction capacity, including effect of those of the TD class.

2. The registered registration shall include the name or social name of the company, its tax identification number or tax identification code, its tax domicile, the relationship of public internal transport authorizations of goods of a national scope relating to heavy goods vehicles with their own traction capacity, including those of the TD class, the identity and the tax identification number of the person or persons through which they are the company meets the requirement of professional training, and the relationship of international transport, as well as, where appropriate, the legal copies of those copies of which at any time are available. "

2. The companies registered in the RETIM before the entry into force of this Order without having any national authorization, will continue to be registered in the same and will maintain the ownership of the authorizations of international transport goods that would have been granted to them. However, the following rules apply to such companies:

(a) The increase in a new certified copy of the Community licence must, in any event, bear with it the contribution by the undertaking of a vehicle fitted with the corresponding authorisation for public internal transport of National scope for heavy goods vehicles with their own traction capacity, including those of the TD class.

(b) The number of bilateral authorisations that are holders at any time shall not exceed the number of copies of their Community licence.

Additional disposition first. Amendments to the Order of 23 July 1997 implementing the Regulation on the Law on the Management of Land Transport in the field of the authorisation of carriage of goods by road

The precepts of the Order of 23 July 1997, for which the Regulation of the Law on the Management of Land Transport in the field of authorizations for the carriage of goods by road is carried out indicate that they will be written in the form that each case points to:

(a) The first paragraph of Article 38 shall have the following wording: " For the purposes of the approval of public transport authorisations for light vehicles, it shall be necessary to provide proof of the subsistence of the requirements required under points (c), (f), (g) and (h) of Article 9 ".

(b) Article 46 shall have the following wording: "Supplementary private transport authorisations shall be non-communicable in all cases".

(c) The second paragraph of number 3 of the third transitional provision shall be worded as follows: " The provisions of Chapter II of this Order shall apply in respect of such authorizations, with derogation from the provisions of Article 7 and Article 9 (h) ".

(d) The last paragraph of number 3 of the third transitional provision shall be worded as follows: " The authorisations referred to in this paragraph may be transmitted in accordance with Articles 29 and 33, but such transmission shall entail its conversion into authorisations as provided for in paragraph 2 of this transitional provision of the same scope, which shall relate to semi-trailers not exceeding two years ' age, if the scope of the authorisation is national or regional, or six years, if its scope is local. "

e) The last paragraph of number 1 of the fifth transitional provision shall be worded as follows: " To persons who have effectively and permanently made the management of collective undertakings holding the public transport authorizations for light vehicles of national scope at the entry into force of this Order, they will be recognized the referred professional training for the realization of transport with light vehicles exclusively, provided that they so request within a period of six months from that entry into force, and must justify, the compliance with the requirements laid down in Article 11 ".

(f) The second paragraph of number 2 of the fifth transitional provision shall be worded as follows: " To persons who have been making, in an effective and permanent manner, the management of the collective undertakings holding the Public transport authorisations for light vehicles at local level, shall be recognised as professional training for the carrying out of transport with light vehicles only, from the moment of four years after the they have started their activity of management, and must justify, for that purpose, the the requirements laid down in Article 11. '

Additional provision second. Amendment of the Order of 23 July 1997, for which the Regulation of the Land Transport Management Act is developed in respect of the authorisation of private and discretionary transport of passengers by road.

The first paragraph of Article 24 of the Order of 23 July 1997, for which the Regulation of the Law on the Management of Land Transport in the field of authorizations for private and discretionary transport is carried out In addition to road travellers, the following wording shall be drawn up: " For the purposes of the approval of the supplementary private bus transport authorisations, it shall be necessary for their holders to credit, in accordance with the provisions of the Order, compliance with the requirements set out in points (b), (c) and (d) of Article 22 ".

Final disposition first. Enabling the Director-General of Railways and Road Transport.

The Director-General of Railways and Road Transport is empowered to dictate the precise provisions for the implementation of this Order.

Final disposition second. Entry into force.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 18 September 1998.

MONTALVO ARIAS-SALGADO