European Union legislation establishes a legal framework for the liberalization of road transport, not only for international transport, but also for the development within each of its Member States. members.

This liberalisation regime already has very strong effects both in the area of passenger transport and in freight transport. In the first, the level of freedom for non-resident carriers to be granted access to most of the various classes of road transport is virtually absolute, in accordance with Regulation (EEC) No 2454/92, from the On 1 January 1996, in the field of transport of goods, the process will be fully completed with the full entry into force on 1 July 1998 of the provisions of Regulation (EEC) No 3118/93 on cabotage, in accordance with which the from that date, no obstacle or limitation of any kind may be imposed on the carriers of the other EU countries carry out internal transport in Spain on a temporary basis.

In view of the above and in coherence with the existence of an increasingly open market, the need to modify the existing system of administrative intervention on road transport is clear, I would like to thank the Commission for its efforts to ensure that the European Union is adapted to a situation of more intense international competition, which is already happening today and which, as has been said, will be complete within the European Union as of July 1998.

To this end, it is intended to establish by the present Royal Decree the guidelines so that the current quantitative limitations for the granting of authorizations of public transport of goods of national scope in vehicles Heavy goods and passengers by bus may be phased out, replaced by measures and checks of a qualitative nature, although those may be maintained where there are specific circumstances justifying them.

It is therefore necessary to amend several articles of Title II and Chapter I of Title IV of the Regulations of the Law on the Management of Land Transport, approved by Royal Decree 1211/1990 of 28 September 1990.

Likewise, it seems appropriate to modify the wording of Article 28 of the aforementioned Regulation, adapting it to the liberalizing criteria established in the field of general price policy by Royal Decree Law 7/1996, of 7 of June.

For its part, it is also appropriate to amend Chapter IV of Title IV on international transport in order to adapt its content to the provisions laid down in Regulations (EEC) 684/92 of 16 March 1992 and (EEC) No 881/92 of 26 March, respectively, concerning the international carriage of passengers and goods by road, taking into account, moreover, the impact, direct or indirect, that the full entry into force of the said Regulations has had on the demand for authorisations for the Member States of the European Union, the European Conference of Ministers of Transport and other third countries, which has generated that, since that time, the situations of shortage of authorizations in relation to the needs of our carriers are practically non-existent.

In another order of matters, it was necessary to amend the wording of Article 1 of the Regulation in order to bring it into line with the contents of Case 118/1996 of the Constitutional Court of 27 June 1996, as well as reason for the repeal of Chapter III of Title IV (Articles 141, 142 and 143) relating to urban transport.

Also, a new wording of Articles 51, 112, 162 and 222 of the Regulation is necessary in order to adapt them to the changes in the rules and control documents introduced by the Law on the Management of Land Transport by Law 13/1996, of 30 December, of fiscal, administrative and social measures, as well as to the use of the terminology used in the Penal Code.

Finally, the liability limits of carriers, as set out in Article 3 of the Regulation, are amended in order to bring them into line with the increases in the value of the currency's purchasing value. approval of the Regulation, as well as the regulation contained in Article 5 on the insurance to be contracted by passenger transport undertakings, referring to the obligation and characteristics of the undertakings to which, at any given time, (a) the general insurance rules or the regulatory rules of each type specific transport.

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 of July 11, 1997,

D I S P O N G O:

Single item.

The articles of the Royal Decree to 1211/1990 of 28 September 1990, for which the Regulation of the Law on the Management of Land Transports were approved, are amended, which will then be written, form that in each case is determined:

" Article 1.

1. The provisions of this Regulation shall apply in respect of land transport and the ancillary and com plementary activities of road transport as defined in Article 1 of Law 16/1987 of 30 July 1987. Land Transport Management (hereinafter 'LOT').

2. The administrative powers provided for in this Regulation shall be exercised by the Autonomous Communities in which they are delegated by the Organic Law 5/1987 of 30 July 1987 by the organs of the State Administration to which the specifically assigned to them or attributed to them and, failing that, by the Directorate-General of Railways and Road Transport. "

" Article 3.

1. Unless expressly agreed on different amounts or conditions, the liability of carriers of goods for damage, loss or damage suffered by carriers shall be limited to a maximum of 600 pesetas per kilogram. The liability of such carriers for delays in the delivery of goods shall not exceed, unless otherwise agreed, the price of transport.

2. Unless expressly agreed on a number of different terms or conditions, the liability of carriers of passengers for damage, loss or damage suffered by the baggage and their charges shall be limited to the amount of 2,000 pesetas per kilogram.

3. Proof of the agreement of limits or conditions of liability other than those laid down in paragraphs 1 and 2 of this Article shall correspond to the party which claims them.

4. The liability limitations provided for in the first two points of this Article shall not apply when the damage occurs by measuring the carrier's intent.

5. Where higher limits or liability conditions other than those laid down in the preceding paragraphs are agreed, the carrier may receive an additional amount on the price of transport in accordance with the increase in agreed liability. The amount of such additional charge shall be freely agreed by the parties.

Article 4.

1. In the case of road haulage services of complete load, the loading operations of the goods in the corresponding vehicles, as well as the unloading of the goods, unless expressly agreed otherwise, shall be for the respective account of the loader or consignor and the consignee. The same system shall apply in respect of the stowage and the disestiba of the goods.

Consequently, the costs incurred by these operations shall not be included in the price of the transport. Where, in accordance with the provisions of the preceding paragraph, it was expressly agreed that the carrier shall take over such operations, they shall be paid regardless of the price.

The shipper or consignor and the consignee shall also be liable for any damage caused as a result of any deficiencies in the operations which they are responsible for in accordance with the foregoing. intended.

However, this responsibility shall be the responsibility of the carrier when he, in accordance with the provisions of Article 22 of the LOT, has provided the instructions under which the placement has been carried out and the goods and the goods have been the determining factor for the damage caused.

2. In the case of the split-load services, the loading and unloading operations, unless expressly agreed otherwise and, in any case, the placing, stowage and disestiba of the goods shall be on behalf of the carrier.

The carrier shall also be liable for any damage caused as a result of any deficiencies in the operations which it is responsible for in accordance with the provisions of the preceding paragraph.

Article 5.

Travellers travelling in public transport by road, by rail or by cable must be covered by the compulsory insurance of passengers regulated by Royal Decree 1575/1989 of 22 December 1989.

Likewise, the companies that provide the services of the transport services will be obliged to cover their civil liability for the damages they cause on the occasion of the transport, when this is expressly established in the regulatory standards for each specific type of transport or general insurance rules.

The cost of insurance provided for in this Article shall be considered as operating expenditure and shall therefore be passed on to the corresponding charges. "

" Article 28.

1. Regular or temporary regular public transport of passengers of general use shall be subject to the mandatory maximum rates to be determined in the relevant concession or special authorisation.

2. Regular public transport of special-use passengers shall be subject to compulsory tariffs where they are expressly determined by the competent administrative authority, where otherwise their prices are free.

3. The occasional public transport of passengers in autocabs will be subject to compulsory tariffs.

4. The occasional public transport of passengers by bus shall not be subject to compulsory tariffs unless they are established by the Autonomous Communities, as maximum, as provided for in Article 5 (d) of the Organic Law. 5/1987 of 30 July.

5. The public transport of goods shall not be subject to compulsory tariffs unless they are established by the Autonomous Communities as a maximum, as provided for in Article 5 (d) of the Organic Law 5/1987 of 30 July.

6. Ancillary and complementary transport activities shall not, as a general rule, be subject to compulsory tariffs. However, in relation to passenger and passenger transport stations, information centres and the distribution of charges and the hire of a driver, the competent authority may provide for compulsory charges.

7. The rail public transport of local and regional travellers provided by Renfe shall be subject, where appropriate, to compulsory tariffs, when they are established by the Minister for the Promotion of the causes provided for in the LOT.

8. The Minister for Development may point out for the various modes and classes of land transport and for ancillary and complementary activities of the same reference rates.

9. The compulsory or, where appropriate, the reference rates, must be exposed to the public in accordance with the provisions of this Regulation and with what the Minister of Public Works determines. The Minister may extend this obligation to the prices charged by the undertakings, even if they do not exist in respect of the same administrative charges. "

" Article 33.

1. For the exercise of public transport activity, both for passengers and for goods, compliance with the requirements for professional training, economic capacity and good repute in this Chapter shall be necessary, with the following exceptions:

(a) It is excluded from the requirement to comply with the requirements for the exercise of public passenger transport activity in passenger cars.

(b) For the exercise of the activity of public transport of goods in light vehicles, compliance with the requirement of professional training shall be required, in any event; compliance with the rest of the (a) requirements that are regulated in the following Articles only where this is required by the rules of the European Union or in international treaties and conventions entered into by Spain.

The above requirements for professional training, good repute and economic capacity must also be met by the persons who carry out the activities of the freight agency, freight forwarder and stockist-distri buidor.

2. 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 paragraph, 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 custodial sentence of six months or more, as long as the criminal liability has not been extinguished.

(b) Having been sentenced, by final judgment, to penalties of disqualification or suspension, unless they had been imposed as ancillary and the occupation of carrier had no direct relation to the offence committed, during the time which would have been paid for.

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

d) Serious and repeated compliance with tax, labour and social security rules. "

" Article 43.

1. Where the Administration finds the loss of any of the requirements laid down in paragraph 1 (a), (b) or (c) of the previous Article, except as provided for in Article 36 for cases of death, termination, retirement or incapacitation It will proceed to the immediate revocation of the corresponding enabling titles, which will be carried out by means of express resolution, with prior hearing of the interested party and report of the National Committee of the Road Transport.

2. Where the Administration finds that any of the obligations laid down in paragraphs (d), (e) and (f) of paragraph 1 of the previous Article is not complied with, it shall, on its own initiative, suspend the corresponding securities enabling, by removing the cards in which they are documented, until the non-compliance in question is remedied. If the holder of the suspended authorisation does not credit the sub-healing of the non-compliance in question on the occasion of the nearest visa which, in application of the provisions of Article 45, corresponds, the competent body shall immediately proceed to the definitive revocation of the corresponding enabling securities. They shall also be revoked, after hearing the person concerned and the report of the National Committee on Road Transport, where the finding of the non-compliance is repeated three times within five years.

3. The suspension or revocation of the corresponding securities for any of the reasons provided for in this Article shall not give rise to any compensation in favour of the holder, producing, in the event of revocation, the loss of the security when it exists.

4. The suspension or revocation of the qualifying titles referred to in this Article shall be carried out without prejudice to the fulfilment of what is provided for in Title VI of this Regulation in respect of the sanctioning regime. "

" Article 51.

The Minister of Public Works may impose, as a prerequisite for the granting of the qualifying titles for the performance of the services of discretionary transport or ancillary or complementary activities of the same, that the persons to whom they must be granted guarantee the fulfilment of the administrative obligations and responsibilities inherent in them, either by virtue of the lodging of a security or by another means, where circumstances arise, advise in relation to all or to a certain class of the said titles. "

" Article 55.

1. The representativeness, for the purposes of their collaboration and participation in administrative functions, of the professional associations of carriers and of undertakings of ancillary and complementary activities of road transport, shall be recorded. in the Register referred to in Article 49. Such representativeness shall be established in relation to each of the different classes or modes of road transport or ancillary or ancillary activities of which they constitute a section or subsection in the National Committee of the Road transport, which is determined on the basis of the following criteria:

(a) For each class or mode of transport, the representativeness shall be determined on the basis of the number of undertakings which are members of each association and the number of authorisations referred to, or of certified copies of the the authorisation referred to in Article 112, provided for in Article 112, that, where appropriate, the authorisations referred to as semi-trailers and those of the TD class as a means of authorisation are subject to such effects.

Identical rule will be followed to determine the representativeness of the association of vehicle lessors with driver.

(b) The representativeness of associations of agencies, freight forwarders, distributors and non-driver vehicle lessors shall be determined on the basis of the number of associated undertakings and central-site authorisations or branches from which they are the holders.

(c) The representativeness of the associations not covered by the preceding paragraphs shall be determined on the basis of the number of their member undertakings.

2. Except that the Minister of Public Works, in view of the variations that occur in the configuration of the transport market, especially with regard to the number of companies, titles and vehicles, on the proposal of the National Committee of the Road transport, set a different criterion, the representativities provided for in paragraphs (a), (b) and (c) of the preceding paragraph shall be measured according to the following formulae:

(a) The representativeness of the associations referred to in subparagraph (a) of the preceding paragraph shall be equal to 0,20 X number of associated enterprises + 0,80 X number of authorizations, and certified copies thereof, of which they are operators associated with the mode of transport or activity in question.

(b) The representativeness of the associations referred to in subparagraph (b) of the preceding paragraph shall be equal to 0,80 X number of undertakings associated with the number of central and branch offices of which they are located + 0,20 X operators associated with the activity in question.

(c) The representativeness of the associations referred to in paragraph (c) of the preceding paragraph shall be equal to the number of their associated undertakings.

3. For the purposes of determining the representativeness referred to in the previous point, the associations shall provide the Administration with the relevant data and update them in the form and conditions which, in order to facilitate and speed up the establishment of the representativeness, establish the Ministry of Public Works. "

" Article 110.

1. Where the granting of authorisations for the conduct of public transport of goods and passengers by bus is subject to any of the requirements, limits or restrictions laid down in Article 115, other than the minimum size of the undertakings concerned shall, as a general rule, relate to a particular vehicle, the identification of which must be included in them. In this case, the Minister of Public Works will determine the maximum time limits that the authorizations can be in force but in suspense, without being referred to specific vehicles.

2. Where the circumstances provided for in the preceding paragraph are not provided, the authorisations shall be granted to the carrier, without making the permitted transport volume conditional on the individual vehicles with which the undertaking is to be carried out. (i)

However, even in this case, the Minister for Public Works may determine that the authorisations are granted for a particular vehicle when they are intended to cover a transport class whose nature matches basically with the one made under cover of others which, in accordance with the provisions of the previous point, should also be granted in respect of specific vehicles, and this should be advisable for better monitoring of compliance during the provision of services. of the services, of the conditions required for the granting of the latter.

3. Authorisations for the conduct of public passenger transport in passenger cars shall in any event be granted in respect of a particular vehicle, the identification of which must be on the same vehicle.

4. Where appropriate, the data and circumstances in the transport authorisations may serve as a basis for their constancy in the technical inspection cards for the vehicles concerned.

Article 111.

1. Authorisations for the discretionary public services of goods and passengers may be, in relation to the territorial scope for which they enable, national and local.

National authorizations shall be granted without limitation of the radius of action and shall be enabled to carry out the transport to which they relate throughout the territory of the State.

Local authorities shall enable them to carry out the transport to which they relate within a radius of 100 kilometres, counted in a straight line from the place where the authorisation is domiciled.

The provisions of this point will be conditional on the Balearic Islands, the Canary Islands and the cities of Ceuta and Melilla, on the application of the special arrangements established in the paragraph 3 of this Article.

2. National authorisations exclusively referred to the carrier must be domiciled in the place where the carrier has its registered office. However, the Minister for Public Works may determine those exceptional circumstances in which the authorisations may be domiciled in a different place, for the purpose of making the undertaking an economic activity other than before.

Local authorities referring to the undertaking and the authorisations of any field relating to a particular vehicle must be domiciled in the place where the holder has his registered office or a centre of permanent or temporary work.

3. Local authorities domiciled in the cities of Ceuta and Melilla will enable them to carry out transport in the whole area of the city concerned and, under combined transport, between these cities and any other Spanish peninsular territory, as well as to return from this one with cargo, but in no case to make transport between two points other than that peninsular territory.

Local authorities domiciled at any point in the Spanish peninsular territory shall be able to carry out transport between that territory and Ceuta or Melilla under combined transport when their radio station It is sufficient, in accordance with the provisions of paragraph 1, to protect transport on the peninsula to the port in which it is to continue, but not to do inland transport in those cities. Such authorisations shall also enable the return of cargo from Ceuta or Melilla to a specific point on the peninsula, when their radio of action is sufficient to cover the transport on the peninsula from the port of arrival to the peninsula. point.

Prior to the agreement with the Autonomous Communities of the Balearic Islands and the Canary Islands, it may be established in accordance with the provisions of the additional eighth provision of the LOT, a scheme similar to the set at this point.

4. When the concurrent circumstances in the supply and demand of transport justify it, the Minister of Development, prior to the report of the National Council of Land Transports and the National Committee of the Road Transport, and the Conference National of the Transport or, by delegation of it, the Commission of Directors General of Transport of the State and the Autonomous Communities, may determine the existence of authorizations with territorial areas different from those previewed in the paragraph 1.

The Minister may also determine that all the enabling authorizations for the performance of a given transport class have a national scope, when the granting of such authorizations is subject to exclusively subject to qualitative conditions, and it is considered that they must be identical in any case regardless of the territorial scope in which the undertaking intends to carry out its activity.

Article 112.

1. For the granting of authorizations for the public transport of goods or passengers, it is necessary to prove that the requirements laid down in Articles 42 and concordant of this Regulation are complied with, with the where appropriate, the Minister for Public Works, in relation to the technical characteristics, seniority or disposal of vehicles intended to be used, or with other conditions designed to ensure the proper provision of services.

2. The granting of discretionary public transport authorisations shall be carried out by the competent authority at the place where they are to be domiciled and shall be documented by the issuing of the corresponding cards of transport, specifying the name of the holder, place of residence, vehicle to which they are referred, scope of action and other circumstances to be determined by the Directorate-General for Rail and Road Transport.

Where the authorisation is exclusively related to the undertaking, the competent authority shall also issue to its holder a number of certified copies of the same equal to the number of vehicles at its disposal. Such copies shall have a value equivalent to that of the authorisation they reproduce.

Article 113.

All public transport authorisations for light vehicles shall be granted subject to the requirements referred to in the previous Article.

Article 114.

As a general rule, there will be no quantitative limits on the granting of authorizations to carry out discretionary public transport of goods in heavy goods vehicles or bus passengers.

Article 115.

Without prejudice to the provisions of the previous article, the Ministry of Public Works may establish requirements, aimed at controlling the supply or improving the structuring of the sector, for the granting of transport authorizations. public goods in heavy goods vehicles and passengers by bus. Those requirements, for which the market situation will be taken into account, may be referred, inter alia, to the previously held business concentration, to the minimum size of the undertakings or the structures of the the management in which they are integrated, the increase in fleet or activity that they have previously experienced, the needs to cover duly accredited demands and the level of compliance with the business obligations.

The Minister, when the imbalance between the supply and the demand so justifies, may also, with the report of the National Council of Land Transports and the National Committee of the Road Transport, propose to the Government which, by means of the appropriate Agreement, establishes quantitative limits or restrictions on the granting of such authorisations where they are national. Such restrictions shall always be of exceptional nature and shall be limited in time. "

" Article 117.

In cases where the public transport authorisations for passengers and goods are subject to specific vehicles, the holder shall have the right to dispose of such vehicles by virtue of one of the following conditions: referred to in Article 48 (1).

The vehicles to which these authorisations are referred may be replaced by others where the Ministry of Public Works authorises it by means of the reference of the relevant authorisation to the new vehicle.

The Ministry of Public Works shall also authorize the continuity of the validity of the transport authorizations, when modifications of the characteristics of the vehicles to which they are concerned are made. affect their authorised maximum weight, load capacity, number of places, or other technical conditions.

The replacement of vehicles and the modification of their characteristics shall be conditional on the fact that they do not involve an increase in the maximum permissible load or weight capacity of a light vehicle, or of the number of places to transform a bus tour.

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 holders provided that the Administration makes it possible to carry out the corresponding subjective novation of the same in favor of 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 carriage of passengers and goods at the discretion of the latter shall be non-transferable, except in the case of subrogation in favour of the heirs who are forced to carry out death or physical or legal incapacity of the holder.

Article 119.

In cases where the carriage is carried out under an authorisation specifically referred to the vehicle in question, the original of the card in which the authorisation is given shall be taken on board.

When it is carried out under an authorisation referred exclusively to the carrier, a certified copy of the vehicle shall be carried on board the vehicle. "

" Article 145.

1. For the international public transport of passengers by bus or goods in heavy goods vehicles it is necessary to have the professional training for the exercise of the international transport activity, which can only be be obtained by persons who also have the professional training for the internal transport in the modality concerned, with the possibility of such recognition being carried out in a differentiated or joint manner.

2. In any event, vehicles of companies resident in Spain with which an international transport is carried out must be covered, in the part of that transport which runs through Spanish territory, by an authorization to enable them to carry out internal transport of the appropriate class and sufficient scope to cover such a journey, as provided for in Chapters I, II and V of this Title.

Article 146.

The international carriage of goods and passengers of a discretionary nature, for the purposes of which no prior authorization is required under the rules of international treaties or conventions governing the same or Foreign States for which they are to run, may be freely carried out by undertakings which comply with the requirements laid down in the preceding Article, but must complete the control documents specified in those requirements. agreements, treaties or foreign rules, and those which, where appropriate, the Minister of Promotion, prior to the report of the National Committee on Road Transport, in order to enable the knowledge of the data on these transports and to ensure that the nature of the data is not distorted.

Where appropriate, the Administration shall provide only those related control documents after verification that the applicant complies with the required requirements.

Article 147.

1. Spanish companies intending to carry out international transport of passengers or goods subject to the authorization of foreign countries for which they have to run or of the international organizations in which the same are integrated, they must obtain prior authorisation.

2. In order to obtain the authorization referred to in the preceding paragraph, it shall be necessary to justify compliance with the requirements laid down in Article 145 and, in addition, to all those other than, in relation to the availability of a the minimum number of vehicles or the technical characteristics of the vehicles has established, where appropriate, the Minister of Public Works in the light of the circumstances in the international transport market.

When the Minister of Public Works has established the requirement to have a minimum number of vehicles for access to the authorizations, he may also authorize the companies to group together in the cooperatives of hauliers or marketing companies, in accordance with the rules to ensure their suitability for the purposes of minimum business sizing determines.

3. The authorisations for international transport, as well as the companies holding them, shall be entered in the corresponding subsection of the General Register as provided for in Articles 49 and 50.

Article 148.

The granting of the enabling licenses for the realization of international public transport of goods in the territory of the European Union will be governed by the rules dictated by the Minister of Development for the application of the rules of the Union governing the matter.

These rules should, in any case, take into account the requirements laid down in Article 145.

Article 149.

For the granting of international transport authorizations corresponding to international or multilateral organizations other than that indicated in the previous article and, in particular, of the authorizations of The European Conference of Ministers of Transport (CEMT), the Minister of Public Works will be able to demand specific conditions fundamentally linked to the international experience of the company, to its fleet of vehicles and to the availability and of the same type of authorisations or corresponding to the most significant for those authorising the transport of the authorisation of the international or multilateral organisation concerned.

In the case of ECMT authorisations, travel to countries of the European Union shall not be taken into account for the purposes of the preceding paragraph.

Article 150.

When the carrying out of international transport of goods or passengers ' discretionary is subject to the authorization of the foreign countries for which they discurran, the distribution of such authorizations that The Spanish authorities must comply with the rules laid down by the Minister for Public Works in accordance with the criteria set out below:

1. In the case of authorisations corresponding to countries and modes of transport, the number of which is in principle sufficient to meet the number of requests, these authorisations shall be distributed by the Directorate-General for Railways. and Transport by Road, according to the requests made by the companies that require them, in accordance with the rules which, if any, are established in accordance with the provisions of Article 151.

2. Exceptionally, where the number of authorisations for a given country or mode of transport available to the Spanish authorities is insufficient to meet all the demands made by the companies, distribute among the applicants in such a way that, in so far as the available contingent permits, each company is assigned the same number of authorisations that were assigned to it and duly used in previous years. If, after this objective has been achieved, the authorisations of the said quota are still to be granted, they shall be distributed among the applicants with the same criteria as those mentioned in paragraph 1 of this Article for the general case.

For the purposes set out above, the Directorate-General for Rail and Road Transport must make public the relationship of States and modes of transport in respect of which there is insufficient authorisations.

When the concurrent circumstances in the international transport market with a given country so advise, the Minister of Public Works may make the granting of the authorizations referred to in this article subject to the completion of private transport which is not liberalised to ensure that the available quota is sufficient to ensure that all public transport which is in demand is covered.

Article 151.

The application for international carriage of goods and passengers of a discretionary nature, as well as the material performance of their granting and temporary distribution, shall be carried out in accordance with the rules that to ensure the best use of the same determines the Minister of Public Works, who will be able to withdraw these authorizations and to establish limitations to the granting of new ones, in relation to the companies that make a use (a) the rules governing international transport should be infringed or infringed.

Article 152.

According to what is generally stated in Article 106 (1) of the LOT, international public passenger transport may be regular, discretionary and shuttle. The concept of such transport classes will be carried out in accordance with the international treaties or conventions signed by Spain, and in accordance with the provisions of Spanish domestic law. International tourist transport which fulfils the conditions laid down in Article 128, even if it is carried out by means of an itinerary, timetable and timetable, shall be regarded as a matter of discretionary transport or, where appropriate, of (a) the procedure laid down in Section 2.a of Chapter II of this Title shall apply.

Article 153.

1. The procedure for the establishment and authorization of the operation of scheduled international passenger services provided for in Article 108 of the LOT shall be carried out in accordance with the specific rules which are laid down by the The Ministry of Public Works and the Ministry of Public Works will set up a special framework for the development of these services. Such rules may, where appropriate, provide for the non-exclusivity of the benefit, the award of direct form to the petitioning undertaking, and the requirement for an earlier agreement with an undertaking in the other State concerned to enable the company to comply with it. which refers to the following point.

As not provided for in the rules referred to in the preceding paragraph, the rules laid down in Title III of this Regulation shall apply to permanent regular services of general use, as soon as they are compatible with the provisions of this Regulation. with the specific nature of the services referred to in this Article.

2. The provision of international scheduled transport shall be conditional upon its establishment being possible, either by virtue of being provided for in international treaties or conventions, or because the foreign States concerned give their agreement to the itself. The internal agreement of establishment will imply implicit the realization by the Spanish Administration of the démarches, if necessary, necessary with the foreign States affected to achieve the agreement of the same to the establishment of the regular service. Such an agreement may be dealt with and, where appropriate, achieved before, during or after the award of the service. If the agreement cannot be achieved and the service is to be awarded, the contracting undertaking shall not acquire any right, but if, within the five years following that award, the establishment of the service is possible, the undertaking shall be awarded the contract. maintain its right to be awarded the holding of the same.

3. The award agreement shall imply acceptance by the undertaking of the possible modifications to the conditions initially provided for in the provision of the service which, if necessary, must be made in order to obtain acceptance of the Foreign States concerned, unless the award is waived.

4. The authorisations referred to in this Article may be renewed when the period of validity expires, provided that the provision of the service is continued, and the effectiveness of the undertaking in the management of the service so provides.

Article 154.

1. Shuttle services shall be requested from the Directorate-General for Railways and Transport by Road, which, where appropriate, shall grant the authorisation to leave Spain and, in the case of services which are not liberalized in accordance with the provisions of international treaties or conventions signed by Spain, will transfer the request to the competent authorities of the other countries involved in the service, in order to give them, where appropriate, the conformity to its establishment.

2. The criterion for the authorisation of the shuttle services shall be the seasonal and preferably tourist nature of the shuttle services, as well as not providing undue competition to existing international regular services.

3. Shuttle services shall be authorised with specific dates and destinations.

4. Where the shuttle services are subject to a quota or limited number of authorisations, the Minister for Development shall determine the rules for their distribution, following criteria inspired by those laid down in Article 150.

Article 155.

The carrying out of international transport operations in Spain by foreign companies may only be carried out when the latter is liberalised, in accordance with the provisions of the Treaties or international conventions signed by Spain, or where such undertakings have the corresponding Spanish authorisation or an international organisation to which Spain belongs which enables them to do so. The requirements of Article 109 of the LOT shall apply in this respect. "

" Article 158.

1. The implementation of complementary private transport will require prior administrative authorisation as a general rule.

However, the following complementary private transports shall be exempt from authorisation:

(a) The carriage of passengers by passenger cars, except for the carriage of health and funeral services.

(b) the carriage of goods carried out on vehicles whose authorised maximum weight does not exceed the limits laid down in Article 41.2 (c).

(c) The carriage of goods carried out on light vehicles leased for a period not exceeding one month referred to in Article 41.2 (d).

2. Complementary private transport authorisations shall have a national territorial scope.

Additional private transport authorisations may be granted in respect of a particular vehicle, where the scheme applicable to public transport authorisations in the same class of vehicles is this.

In the other cases, and without prejudice to the provisions of the following point, the authorisation shall be generically referred to the undertaking.

3. For the granting of private supplementary passenger transport authorisations, the need to carry out the transport for which the authorisation is requested, in accordance with the number of employees, will be necessary. the respective centres or persons who, because of their permanent relationship with the activity in question, are normally required to attend the activities for reasons which are intrinsic to the nature or purpose of the business activity in which they are develops.

In order to grant the authorizations for the complementary private transport of goods, it will also be necessary to justify the need to carry out this according to the nature and volume of the activity of the company.

The Administration may, on the basis of the data obtained, limit the number of places or the capacity of the vehicles that may carry out transport under the authorisation.

4. Supplementary private transport authorisations shall be non-communicable. "

" 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, respecting in any case the following rules:

(a) Specific professional training other than that of the carrier shall be required.

(b) There shall be a local, other than the private address of the holder, open to the public prior to the legal requirements on the opening of premises. The premises must be dedicated exclusively to transport activities.

2. The fractional load agencies must have a local area with the surface and conditioning necessary for the exercise of their activity.

These agencies will have to perform their functions of consolidation, deconsolidation and classification of goods and others corresponding to the intermediary action that is their own through the workers integrated in their (a) template, carrying out the transport and distribution of the goods by means of the procurement of the goods with public transport undertakings duly authorised in accordance with the terms of Article 159.

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

" Article 175.

1. For the granting of vehicle lease authorisations without driver it shall be necessary for the applicant legal or natural person to own the vehicle and to meet the following requirements:

(a) Disposition of at least one local or office dedicated to the activity of leasing, with registered name or title, open to the public prior to compliance with the legal requirements on the opening of premises or offices. The dedication of such premises and offices to this activity will only be compatible with that of currency exchange, and therefore no other than these will be possible.

(b) Disposition of the minimum number of vehicles engaged in the leasing activity to be determined by the Minister for Development in accordance with the circumstances of the market.

(c) Not exceeding the vehicles of the age limits determined by the Minister of Public Works, prior to the report of the Ministry of Industry and Energy.

d) Subscription of liability insurance for damages that are mandatory in accordance with current legislation.

e) Disposition of garages or parking places when required by the Ministry of Public Works or the Autonomous Community competent by delegation of the State for the granting of the corresponding authorizations, to respect the rules which, if any, the said Ministry establishes.

(f) Other than, as necessary for the proper exercise of the activity, determine the Minister of Development, or in accordance with the forecasts made by the Minister, the Autonomous Community competent for

delegation of the State for the granting of the corresponding authorizations, owing it to respect the rules that, if necessary, the mentioned minister establishes.

2. The undertaking must be the holder of an authorization domiciled in each of the provinces in which it intends to open a premises dedicated to the activity of leasing of vehicles without a driver, having regard to the head office concerned the province in which it has its registered office and other branches.

However, the authorisations shall be made available for the provision of the non-driver leasing service without limitation of the radius of action, and the location of the premises, plant or branch, to which it does so, must be stated. reference to the preceding paragraph.

For the opening of auxiliary premises in provinces in which a branch is authorised, or where the head office of the undertaking is located, the specific authorisation of the transport administration shall not be necessary, sufficient, to this effect, the prior communication to the administration of the said opening, with the expression of the data identifying the premises, in order to enable the inspection and control of the activities carried out in the itself.

In order to facilitate the satisfaction of the aims pursued by the Organic Law 1/1992, of 21 February, on the Protection of Citizen Security, the body responsible for the granting of the lease authorizations of vehicles without driver shall notify the Subdelegation of the Government of the respective province of the relationship of the authorisations of the headquarters or branch, as well as of the auxiliary premises whose opening has been communicated to him, domiciled in that office. "

" Article 222.

1. Persons who carry out public transport of passengers or goods by road, as well as those carrying out ancillary and complementary transport activities covered by this Regulation, and the cooperatives of carriers and companies of (a) to be placed on the market, must complete the documentation relating to the development of its activity which, for the purposes of administrative or statistical control, is determined by the Administration, keeping it at its registered office at the disposal of the Inspection of the land transport during the time limit laid down in its case.

2. All buses authorised for public interurban passenger transport must be provided with a road-book, which shall include the successive inter-urban and urban services provided by that vehicle and the other buses. data, the knowledge of which is relevant for the control of the service, which the Minister of Public Works determines, which may, however, except for that obligation or lay down special arrangements for the fulfilment of such obligations in relation to the vehicles exclusively dedicated, permanently or temporarily, to the realization of permanent or temporary regular transport of general use.

3. In the case of permanent and temporary regular services for the general use of passenger transport, the control measures laid down by the Minister for Public Works, which make it possible to know the services provided and the services, must be carried out by the transport undertakings. number of passengers using the same.

In addition, the Minister may establish uniform characteristics relating to the format or data to be recorded on the banknotes, which must be provided by the users of the services to which the refers to this point.

4. Undertakings engaged in the carriage of passengers by road and the activities of leasing vehicles and passenger transport stations shall be required to have a book or sheet of complaints in which the users can to formulate their complaints, so that they can be known to the Administration. The model of the said book or sheets, the places in which they must be situated and the other applicable conditions shall be determined taking into account the circumstances of the service or activity concerned by the Minister for the Promotion of In order to facilitate their use by users as far as possible, the Minister may extend the obligation to have a book or sheet of complaints to undertakings engaged in the activity of a fractional freight agency.

The companies referred to in this point will be obliged to inform the land transport inspection of the complaints, complaints or complaints contained in the book or sheet of complaints within the deadline. 30 days from the date on which they are drawn up. '

Additional disposition first.

When the evolution of the usual forms of contracting or organization of the market for the transport of goods so advise, the Minister of Development, after report of the National Committee of the Road Transport, will be able to establish that the exercise of the activities of an agency for the carriage of full loads, the agency for the transport of fractious loads, the storage-distributor and the freight forwarder may be carried out under a single enabling title, the authorisation of the freight operator.

Additional provision second.

The Minister of Public Works will have to approve a reference rate for the public transport of goods, which will enter into force on the same date as this Royal Decree and will be subject to periodic review with the end to bring them into line with the variations experienced in the cost of providing the services concerned.

Single repeal provision.

The entry into force of this Royal Decree will be repealed Chapter III of Title IV (Article 141, 142 and 143) of the Regulation of the Law on the Management of Land Transports, approved by Royal Decree 1211/1990, of 28 September; Royal Decree 985/1992 of 31 July 1992, which excludes certain public transport of goods by road from the system of compulsory tariffs; the Order of the Ministry of Public Works and Transport 30 January 1992 establishing a new tariff framework for public services (a) Discretionary transport of goods by road contracted under full load conditions and for the leasing of tractor heads, and any other provisions of equal or lower rank shall be contrary to the provisions of this Royal Decree.

Single end disposition.

This Royal Decree will enter into force on 1 January 1998.

Given in Madrid on July 11, 1997.

JOHN CARLOS R.

The Minister of Development,

RAFAEL ARIAS-SALGADO MONTALVO