The second section of Chapter IV of Title V of the Regulation of the Land Transport Management Act, approved by Royal Decree 1211/1990 of 28 September 1990, regulates the leasing of vehicles with a driver. The Order of the Minister for Public Works and Transport of 14 June 1993, which established the legal status of the enabling authorizations for the exercise of that activity, was adopted in the course of that Regulation.

The experience gained subsequently in the relationship of the visa of the transport authorities has led to the introduction of changes aimed at facilitating their implementation by the companies. To the extent that such guidance is also applicable to the scope of vehicle leasing authorisations, it is now appropriate to amend the system introduced by the Order of 14 June 1993 in order to adapt the the legal status of these authorisations and to facilitate their visa, concentrating on a single act the company visas and authorisations up to now, establishing their periodicity every two years and simplifying as far as possible the to be carried out by the leasing company.

In its virtue, according to the authorization contained in the 11th additional provision of the Regulations of the Law of Land Transport Management, I have:

Article 1. Mandatory of the authorisation.

The performance of the rental activity with a driver will require the procurement of each vehicle intended to be dedicated to the driver, of an authorization to enable it to be provided, in accordance with Article 180 of the Regulation of the Land Transport Management Act, approved by Royal Decree 1211/1990 of 28 September (hereinafter the ROTT).

Article 2. Address of the authorizations.

The authorisations for the lease of vehicles with a driver must be domiciled in the place where the driving licence of the vehicles to which they are referred is concerned.

Article 3. Competent authority on the authorisations.

The granting of licences for the lease of vehicles with a driver shall be carried out by the body which, directly or by delegation, has assigned the competence for the issue of the transport authorisations. Inter-urban discretionary in the place where they are to be domiciled, subject to a favourable report by the relevant City Council.

Article 4. Scope of the authorisations.

Leasing authorisations for vehicles with a driver will enable urban and inter-city services to be carried out throughout the national territory, provided that the vehicle has been previously contracted with the provisions of this Order.

Article 5. Requirements for obtaining the authorizations.

In order to obtain vehicle leasing authorisations, it will be necessary to certify to the competent authority that the following requirements are met:

(a) Being a natural person, not being able to grant authorisations jointly to more than one person or to communities of property or legal person, and in this case must be the form of a commercial company, a working company or worker cooperative.

(b) having Spanish nationality, of a Member State of the European Union or of another State, with which, pursuant to the provisions of the Treaties or International Conventions signed by Spain, the said requirement is not enforceable.

c) Fulfill the tax obligations established by the legislation in force.

d) Meet the labour and social obligations required by the relevant legislation.

(e) Dispose of a local dedicated to the activity, which meets the conditions required in Article 9, in the municipality where the vehicles are located.

(f) Dispose of the minimum number of vehicles, dedicated to the driver's rental activity, corresponding to the requirements of Article 10, which meet the conditions laid down in Article 11.

g) Credit the number of drivers provided for in Article 12, which meet the conditions laid down in that provision.

(h) Subscribe to an insurance policy that will cover unlimited liability to third parties for damages arising from the use and circulation of the vehicle to which the authorisation is to be referred.

Article 6. Accreditation of the legal personality and nationality of the company.

The accreditation of the requirements laid down in Article 5 (a) and (b) shall be carried out by the presentation of the national identity document in force of the holder of the authorisations, of the identification document which it has equivalent effects in the State of origin, or the passport and, in any case, of the document proving to be in possession of the corresponding tax identification number.

When the holder of the authorization is a legal person, by authorized copy of the document of incorporation, as well as the document of tax identification and the proof of its registration in the Commercial Registry, or, where appropriate, in the relevant Register.

Article 7. Accreditation of compliance with tax obligations.

1. For the purposes of this Order, only the holder of the authorisations shall be deemed to fulfil his tax obligations when the following circumstances are present:

a) Being discharged in the Tax on Economic Activities.

(b) The statements relating to the Income Tax of the Physical Persons or the Company Tax, as the case may be, as well as the corresponding declarations for payments made in instalments holds that in each case proceed.

c) To have submitted the periodic declarations for the Value Added Tax, as well as the annual summary statement.

(d) No debts to the State or the corresponding Autonomous Community in an executive period in relation to the taxes referred to in this issue.

However, this requirement shall be deemed to be met where, where appropriate, the debts are deferred, broken down or their suspension has been agreed upon on the occasion of the impeachment of the corresponding liquidations.

The circumstances referred to in points (b) and (c) relate to statements in respect of which the regulatory period for filing has expired in the 12 months preceding the date on which the fulfilment of the requirement is to be accredited.

2. The circumstance referred to in point (a) of the preceding number shall be credited by the presentation of the last receipt, or, where appropriate, of the discharge of the Economic Activities Tax.

The rest of the circumstances mentioned in the previous point will be accredited by administrative certification issued by the body, in each case competent for tax collection. However, where the holder of the authorization considers it appropriate, he may replace the certificate relating to compliance with the circumstances laid down in points (b) and (c) with the presentation of the documents which he has justified. the corresponding discharge or declaration in relation to the taxes to which they relate.

In those cases where the company is not required to file the declarations or documents referred to in the number 1 of this article during the required period, it shall be accredited by a responsible statement.

Article 8. Accreditation of compliance with labour and social obligations.

1. For the purposes set out in this Order, the holder of the authorisations shall be deemed to be current in the performance of his employment and social obligations, when the following circumstances are present.

(a) Be registered in the Social Security and, if it is an individual, affiliated and high in the corresponding regime.

(b) Her discharged into the social security system corresponding to the workers who serve in his company.

(c) the presentation of the quotation documents corresponding to the social security contributions and, where appropriate, the concepts of joint collection with the same and those of the same as those with a collection effect, corresponding to the 12 months preceding the date on which the fulfilment of the requirement is to be accredited.

d) To be current in the payment of quotas or other debts with Social Security. The undertaking shall be deemed to be current in the performance of its obligations to the Social Security when the debts are deferred, broken down or its suspension has been agreed upon when they are challenged.

2. The concurrency of the circumstances mentioned in the preceding number shall be credited by means of administrative certification issued by the competent body in the field of social security. Such certification shall lose its credentiative value for the purposes of this Order, after the expiry of the six-month period, from the date of issue.

However, where the holder of the authorization considers it appropriate, he may replace the certificate relating to compliance with the circumstances referred to in points (a), (b) and (c) of the preceding number, by providing the documents accredence of having carried out the corresponding registration, high or quotation.

In those cases where the company would not have been required to file the declarations or documents referred to in the number 1 of this article during the required period, it shall be accredited by a declaration responsible.

Article 9. Accreditation of the disposal of the premises.

The holder of the authorizations must have a local in the municipality where the vehicles are located, other than the private address of the owner, with name or registered title, open to the public (a) prior to compliance with the legal requirements on opening premises. Such premises must be dedicated exclusively to the activity of leasing vehicles and may not be shared by several undertakings.

The provision of the premises shall be credited by the filing of the municipal opening licence or the supporting evidence of the application.

Article 10. Accreditation of the provision of a minimum number of vehicles.

Companies engaged in the activity of leasing with a driver must at all times be in possession of or lease finance ("leasing"). a minimum number of five vehicles engaged in the activity meeting the conditions laid down in the following Article. This minimum number shall be raised to seven in the province where the undertaking is located, or in any of the provinces bordering it, there is a municipality with an official population census equal to or greater than 500,000 inhabitants. and ten when in some of the provinces there is a municipality with a census equal to or greater than 1,000,000 inhabitants, also of law.

These vehicles must have their base of operations in the municipality in which the company is located, and be located in the municipality, unless it is justified that it is providing a prior service in accordance with Article 24.

The effective disposal of the vehicles shall be accredited by the presentation of the corresponding movement permits issued in the name of the holder of the authorisation, together with the periodic technical inspection cards of the same.

Article 11. Conditions and characteristics of the vehicles.

1. The vehicles to which the driver's lease permits must be referred to shall have a capacity not exceeding eight seats, including that of the driver, and shall meet, without prejudice to any other conditions of improvement of their conditions, the following characteristics:

a) Motor with a minimum cylinder capacity of 1,990 cubic centimeters.

b) Minimum exterior length, end-to-end measure of the vehicle, of 4.55 meters.

c) Total height above the ground not exceeding 1,8 metres.

d) Dimensions and interior equipment of the vehicle and of the appropriate seats to provide the user with the safety and comfort of this type of vehicle, in any case, higher than those offered by type-cars medium.

e) Maletero with a minimum useful capacity of 300 litres.

f) Air conditioning or air conditioning system.

g) Phone at user's disposal.

The requirements laid down in paragraphs (a), (b), (c), (d) and (e) shall not be required where the undertaking sufficiently justifies the final price of the vehicle recommended by its manufacturer, including VAT and excise duty In the case of Determinated Media, at the time of referring to the corresponding authorization, it is equal to or greater than 4,500,000 pesetas.

2. Vehicles with a length of more than eight years, counted from their first registration, shall not continue to be engaged in the leasing activity. Such seniority shall be extended up to 10 years if the undertaking sufficiently justifies that the final price recommended by its manufacturer for that same vehicle model or the equivalent that would have been substituted is, at the time of reference to the the corresponding authorisation, equal to or greater than 6,250,000 pesetas. There shall be no limitation as to the age of the vehicle when that price is equal to or greater than 10,000,000 pesetas.

Article 12. Drivers of vehicles.

Companies engaged in the activity of leasing vehicles with a driver shall have at least two drivers for each three authorisations for which they are holders. An additional driver will be required when the division of the number of authorisations between three throws a rest higher than one.

Such drivers shall be in possession of the permit of Class B or higher and must be registered as such and on the high level of Social Security.

However, the holder of the authorisation and his or her first-degree family members may be counted as drivers or, where the holder of the authorisation is a legal person, the person holding the property of at least 20 (a) 100 of its share capital, provided that the driving licence is provided in one and the other case and that such persons are justified on the grounds that they are drivers of the vehicles.

The provision of the minimum number of drivers required in this Article shall be credited in accordance with Article 8.

Article 13. Application for authorisations.

1. For the initiation of the procedure for granting authorisations for the lease of vehicles with a driver, which must be domiciled in a municipality in which the applicant company does not already have other authorisations in force, it shall be it is necessary to submit to the competent authority the official standard application form, which shall be accompanied by original or photocopy photocopy of the documents proving that the requirements laid down in points (a) and (b) of the Article 5.

2. Where the undertaking applying for new authorisations is already the holder of other authorisations in force in the same municipality in which it is located, the official application form shall suffice.

Article 14. Granting of the authorizations.

1. Submitted the application referred to in the previous Article, together with the documents in each case, the competent body for its decision, provided that it does not appreciate any failure to comply with any of the requirements laid down in Article 5; seek the necessary report from the City Council, making it an extract of the application and documentation provided, with the warning that if it does not issue it within one month, it will be considered to report favorably.

The City Council may issue an unfavourable report only in the event of non-compliance with some of the requirements set out in Article 5 or when, in the case of a plan or programme approved by the competent body in accordance with the provided for in point 3 of this Article, thus resulting from its application.

2. Where the City Council's report is unfavourable, the competent authority shall refuse the requested authorisation.

The competent body may refuse authorization even if the City Council's report is favourable, if it appreciates a manifest disproportion between the number of authorisations for this class granted in the area where the located the municipality and the potential users of the service. Such a disproportion shall be understood when, in relation to the number of authorisations in force for this class domiciled in the Autonomous Community concerned and the number of authorisations for inter-urban discretionary transport of passengers in Domestic tourism vehicles in the same area are higher than one for every thirty of them.

Notwithstanding the provisions of the preceding paragraph, where there are mismatches between the supply and the demand for the leasing services of vehicles with a driver in a given area, the body responsible for granting the authorisations may, after hearing the affected councils, approve a plan or a transport programme setting out limitations on the granting of authorisations or criteria relating to the provision of the activity and its territorial distribution. In such a case, the municipal report and the granting of the authorisations to be domiciled in the territory concerned shall only be negative if one of the conditions laid down in Article 5 is not met and where that is the case. result in the implementation of the criteria laid down in the plan.

3. Where the circumstances provided for in the above points are not met and the report of the Town Council is favourable, the competent authority shall notify the applicant, giving him a period of three months to prove that the requirements are met. referred to in Article 5 (c), (d), (e), (f), (g) and (h), with the warning that the file shall be filed without further formalities.

The three-month period may exceptionally be extended for a maximum period of three months, where the person concerned so requests, before the expiry of the initial period, giving sufficient justification for the impossibility of disposing of the the vehicle to which the authorisation is to be referred to.

4. Having examined the dossier and verifying compliance with the conditions required, the competent authority shall grant the authorization, which shall be documented in accordance with the provisions of the following Article.

Article 15. Documentation of the authorizations.

Leasing authorisations for vehicles with a driver shall be documented by the issue of the corresponding cards of the VTC class, specifying the ownership, the address, the vehicle to which they are referred to and the other circumstances of the activity to be determined by the Directorate-General for Rail and Road Transport.

Article 16. Visa of the authorisations.

1. The validity of the authorisations shall be conditional upon the periodic verification of the maintenance of the conditions and conditions of validity which originally justified their granting and those other than, not yet initially required, are enforced.

The verification shall be carried out by means of the approval of the authorizations by the authority responsible for granting it, which shall be carried out every two years.

2. For the purpose of carrying out the visa of the vehicle leasing authorisations with the driver of a company, the following requirements shall be established:

(A) In a unitary manner in relation to the set of authorisations referred to in Article 5 (c), (d), (e) and (g).

B) For each of the authorisations referred to in points (f) and (h) of Article 5, together with a photocopy of the card in which the authorisation is documented.

The competent body may, however, also require the accreditation of the maintenance of any other of the requirements set out in Article 5, in relation to all or any of the authorisations that the undertaking is holder.

3. After the period of the visa has not been applied for or without having contributed the entire documentation referred to in paragraph (A) of the preceding number, they shall be deemed to have expired, without the need for express revocation, all the authorisations for the leasing of vehicles with the driver of the undertaking.

Where only the documentation provided for in paragraph B has been discontinued in relation to a given authorisation, the expiry shall be limited to that authorisation unless it is established that the number of vehicles engaged in the activity is less than the minimum required, in which case the expiry shall reach all the authorisations of the undertaking.

The payment of pecuniary penalties imposed by final decision on administrative routes for infringements of the transport legislation, will be a necessary requirement for the visa of the authorizations in relation to which have made their headlines the relevant infringements.

4. If the approval of each authorization is made, the competent authority shall document it on a new card in accordance with the terms laid down in Article 15.

Article 17. Rehabilitation of expired authorizations due to lack of visa.

Authorisations expired due to a lack of a visa may be rehabilitated by the body responsible for issuing it, when so requested within a year of the expiry of the period laid down for the the application of the visa and the same documentation as required for the visa.

In any event, the payment of the pecuniary penalties imposed by final decision on administrative routes for infringements of the transport legislation will be necessary for the rehabilitation of the authorizations in the relationship with which the relevant infringements have made their headlines.

Article 18. Deadlines for the implementation of the visa.

The implementation of the visa shall be carried out in accordance with the deadlines and timetables determined by the Directorate-General for Railways and Transport by Road or, in accordance with the provisions of this Directive, by the Communities. Autonomous regions which, by delegation from the State, have to carry out them.

Article 19. Verification of the conditions of the authorisation.

The conduct of the periodic visa shall not preclude the Administration, at any time, from carrying out checks on compliance with the requirements laid down in Article 5 and to be held by the company holding the authorisations of the relevant supporting documentation.

Article 20. Transmission of the authorisations.

The authorizations to lease vehicles with a driver may be transmitted to other operators, provided that the Administration makes it possible to obtain the subjective novation of the same in favor of its acquirers.

Such novation shall be conditional upon the acquirers fulfilling all of the requirements set forth in this Order for the initial grant of the authorizations.

The authorisations transmitted must continue to be referred to the same vehicles, on which the acquirer must have acquired in turn some of the forms of provision laid down in Article 10; or at the same time referring to different vehicles provided by the new holder, provided that they meet the requirements laid down in this Order.

The transmission of the authorizations may not, in any case, imply the change of residence of the same.

The subjective novation of the authorizations will result in the replacement of the cards in which those cards are documented by others whose specifications are adapted to the authorized novation.

Article 21. Special arrangements for the transfer of authorisations to the forced heirs.

Notwithstanding the provisions of the foregoing Article, in the event of the death of the holder of the authorisations, it may be carried out, even if the requirement laid down in Article 5 (a) is not met, the subjective novation of the in favour of their forced heirs, together and for a maximum period of two years.

After that period, or sooner if the hereditary award is made, the requirement must be met, where otherwise the authorisations will be revoked.

Article 22. Replacement of vehicles affected by authorisations.

Vehicles to which the driver's lease permits are referred may be replaced by other vehicles, where the competent authority so authorises, by reference to the relevant authorisation for the new vehicle. vehicle.

Such replacement shall be subject to the replacement vehicle complying with the requirements of this Order.

The replacement of the vehicle to which the authorisations are concerned will result in the change of the corresponding cards by others whose specifications are in line with the authorised replacement.

Article 23. Conditions for the leasing of vehicles with driver.

The rental service of vehicles with a driver must be hired, in advance, in the offices or premises of the leasing company located in the municipality in which the corresponding authorization is located.

In no case will the vehicles be able to wait or circulate through the public roads in search of customers or pick up those who have not previously hired the service.

Vehicles attached to the driver's lease authorisation shall not be allowed to leave the place where they are habitually kept or parked without taking the road map on board the data set out in the data specified in Article 24, except where the movement is intended to carry out operations for the review, repair or maintenance of the vehicle itself.

Article 24. Road map.

For the purposes of administrative control, a road map containing the following data shall be carried on board the vehicle: Name and number of the national identity card or tax identification code of the lessor and of the lessee; place, date and time at which the service is to be initiated; registration of the vehicle and other circumstances established by the Administration or freely agreed by the parties. The company shall keep a copy of that documentation within one year from the date of conclusion of the contract.

The identification of the administrative body that granted the authorization may be carried out by means of the acronym that, for the purpose of registration of the vehicle, is assigned the province in which the one has its headquarters.

Article 25. Lease price.

The prices of the rental services of vehicles with a driver are not subject to administrative charges, although the companies must have available to the public brochures or printed lists in which they are indicated apply to the premises in which they make the lease.

Article 26. Advertising and distinctive in vehicles.

Vehicles engaged in the activity of a driver's lease shall not be able to carry advertising of any kind or identifying external signs, unless, where appropriate, the distinguishing plate of his/her condition of service vehicles public.

Additional disposition first.

The provisions of this Order shall not apply to the legally intended cases of cooperation between carriers, which shall be governed by the specific provisions laid down for them, or in accordance with Article 180 of the ROTT, to the the leasing of tractor heads provided with the authorisations of the TD class, granted in accordance with the provisions of point 2 of the fifth transitional provision of Law 16/1987 of 30 July on the Management of Land Transport, which is shall be governed by the provisions laid down in that provision and in its implementing rules.

Additional provision second.

According to the provisions of Article 14 of the Organic Law 5/1987 of 30 July 1987, of the delegation of State powers in the Autonomous Communities in relation to road and cable transport, the Communities which, Under this Regulation, they shall have the power to permit the leasing of vehicles with a driver. They may, within their territorial scope, amend the relationship provided for in Article 14.2 as a determining factor in the disproportion between the offer and the defendant of this lease class.

It may also be possible for the Autonomous Communities to set a minimum number of vehicles other than that laid down in Article 10, provided that all the provinces concerned, to which this provision refers, belong to the same Community. Autonomous. The new minimum number of vehicles may be different for each province of the same Autonomous Community, but may not be less than five or the number likely to be affected by populations of neighbouring provinces of other Communities. Autonomous in accordance with that Article.

Additional provision third.

The Autonomous Communities of the Balearic Islands and the Canary Islands may dictate, in application of the provisions of Article 14.1 of the Organic Law 5/1987, detailed rules for the development or implementation of the Law on the Management of Transport Land and its Regulation on the leasing of vehicles with driver, being of application in respect of such rules contained in this Order.

First transient disposition.

The lease permits for vehicles with driver obtained by exchange of the old municipal licences of Class C, as provided for in the second paragraph of the second transitional provision of the ROTT, shall be governed by the provisions of this Order, but as long as they remain under the same ownership, the minimum number of vehicles provided for in Article 10 shall not be required.

Second transient disposition.

By way of derogation from Article 10, holders of lease authorisations for vehicles with driver currently in force who are not included in the case referred to in the transitional provision First, they may continue to carry out their activities in compliance with the requirements relating to the minimum number of vehicles in accordance with the provisions of the Order of the Minister for Public Works and Transport of 14 June 1993.

Transitional provision third.

The licences of vehicles with drivers currently in force may continue to be used for vehicles to which they are subject to the entry into force of this Order until 1 January 2001, whichever is the same. seniority, provided that they continue to belong to the same holder. Such vehicles may only be replaced by other vehicles which comply with the age requirement corresponding to them in accordance with Article 11 (2).

If, before the date specified in the preceding paragraph, it is intended to transmit any of the said authorizations, the acquirer shall be assigned to a vehicle that complies with the maximum age rules contained in the article. 11.2.

Repeal provision.

The Order of the Minister of Public Works and Transport of 14 June 1993, for which the second section of Chapter IV of Title V of the Regulation of the Law on the Management of Transport is carried out, is hereby repealed. Land, on the lease of vehicles with driver, as well as how many provisions of equal or lower rank are opposed to the provisions of this Order.

Single end disposition.

The Director General of Railways and Road Transport is hereby authorized to make the necessary provisions for the implementation of this Order.

Madrid, July 30, 1998.

MONTALVO ARIAS-SALGADO