Law No 30/1992 of 26 November 1992 on the Legal System of Public Administrations and the Common Administrative Procedure, in its third provision, provides for the adequacy of the rules governing the different administrative procedures.

The procedures in force in the field of land transport, civil aviation and merchant shipping demand, because of the singularity of the regulation of these sectors, an adequacy in specific points relating, in particular, to the the effects of the alleged acts and the exercise of the power of sanction.

In the framework, therefore, of Law 30/1992, certain innovations are introduced in them to ensure the best management of the various transport services and the safety of the different traffics, as well as the correct use of the public domain which is linked to them. These measures to adapt the procedures are accompanied by some additional rules for solving specific or regular problems on a transitional basis, until the regulatory development of certain laws is produced. sectorial. Among these supplementary and transitional rules are those relating to roads, the Law of which, of 29 July 1988, is in this case, which are intended to regulate the effects of the alleged acts, which is to be welcomed by the Commission. The same treatment as planned for the different transport sectors, has perfect fit in the present Royal Decree.

In its virtue, on the proposal of the Minister of Public Works, Transport and Environment, with the approval of the Minister for Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at their meeting on 5 August 1994,

DISPONGO:

Article 1.

1. Chapter IV of Title VI and Articles 297, 298 and 299 of the Regulation of the Land Transport Management Act, approved by Royal Decree 1211/1990 of 28 September 1990, are amended as set out

Annex I.

2. The Rules of Procedure of the sanctioning procedure for violations in the field of the Civil Navy established in Law 27/1992 of 24 November, of Ports of the State and of the Merchant Navy, which is included as Annex II, are approved.

Article 2.

1. Applications for the granting, visa or amendment of authorisations provided for in the Land Transport Management legislation, which have not been resolved within five months of the date of their submission, may be understood as rejected for the purposes of Articles 43 and 44 of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

2. The extinction of authorizations for road transport and ancillary and ancillary activities will automatically occur when the obligation to apply for a visa is not met, providing the documentation, in accordance with the substantive rules of land transport management.

3. The decisions of the procedures for granting, visa, modification or termination of authorizations for the carriage by road and ancillary and ancillary activities may be brought against the ordinary appeal. The resources, in the event that the resolutions are of competence of the organs of the State Administration, will be solved by the Director General of the Land Transport. If the competition is concerned, the resources will be decided by the Secretary-General for Transport Services.

Against the decisions of the procedures relating to the authorizations provided for in Article 235 and Title VIII of the Regulation of the Law on the Management of Land Transports, ordinary appeal may be brought when the competence to resolve corresponds to the civil governors or delegates of the government; in these cases the resources will be solved by the Minister of Public Works, Transport and Environment. In cases where the jurisdiction to resolve the proceedings is the responsibility of the Director-General of Land Transport, the decisions shall terminate the administrative route.

Article 3.

Applications for authorisations and concessions whose content affects the public domain, air traffic and air navigation, as provided for in Law 48/1960 of 21 July of Air Navigation, and provisions laid down for their development and application, as well as to the occupation and use of spaces in the airport enclosures, may be considered disestimated if they have not been resolved in an express way within the time limit set for this purpose. The procedures for application in this field, the time limits for resolving the matter, the bodies responsible for issuing the decision and the system of resources are those set out in Annex III.

Article 4.

Applications for authorizations and concessions in the field of merchant marine regulated in Law 27/1992, of 24 November, of Ports of the State and of the Merchant Navy, and other implementing regulations, as well as those provided for in the Law 25/1988, of 29 July, of Roads, may be deemed to be rejected if no express resolution is given within the time limit set for that purpose.

Single additional disposition.

Without prejudice to the peculiarities provided for in this Royal Decree and in the annexes approved, the corresponding rules of Law 30/1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, and, where appropriate, those contained in the provisions which, as a general rule, govern the procedure for granting or extinguishing authorisations or sanctioning, as appropriate.

Single transient arrangement.

1. The procedures falling within the scope of this Royal Decree initiated prior to its entry into force shall be governed by the above rules.

2. The decisions of the abovementioned procedures for authorizations and concessions adopted after the entry into force of this Royal Decree shall be applied to the system of resources laid down in Chapter II of Title VII of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

3. The requirement to state the reasons for the authorizations contained in Royal Decree 1778/1994, for which the rules governing the procedures for granting, modifying and extinguishing authorizations are appropriate, will not be application, granting, visa or amendment of the authorisations provided for in the legislation on the management of land transport until 1 January 1995, except in the cases directly provided for in Article 54 of the said Law 30/1992.

Single repeal provision.

The regulatory provisions of the procedures included in the scope of this Royal Decree, whatever their rank, shall be repealed or contradicted or contradicted.

Final disposition first.

The Minister of Public Works, Transport and the Environment is authorized to make the necessary provisions for the implementation and development of this Royal Decree.

Final disposition second.

This Royal Decree will enter into force on the day following its publication in the Official Journal of the State.

Given in Palma de Mallorca to August 5, 1994.

JOHN CARLOS R.

The Minister of Public Works, Transport and the Environment,

JOSÉ BORRELL FONTELLES

ANNEX I

NEW WORDING OF CHAPTER IV-SANCTIONING PROCEDURE-OF TITLE VI AND ARTICLES 297, 298 AND 299 OF THE REGULATION OF THE LAW ON THE MANAGEMENT OF LAND TRANSPORT, APPROVED BY ROYAL DECREE 1211/1990 OF 28 SEPTEMBER

Article 203.

< 1. No penalty shall be imposed for infringements of the provisions of Law 16/1987 of 30 July on the Management of Land Transport, but under the procedure laid down in accordance with the rules of this Chapter.

2. Infringements and penalties shall be prescribed in accordance with the provisions of Article 132 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, and within the time limits laid down by The Land Transport Planning Act. >

Article 204.

< 1. The competence to resolve the sanctioning procedures provided for in this Title shall correspond, as the case may be, to the Autonomous Communities to which it is assigned in accordance with the provisions of the rules in force in respect of land transport, to the civil governors or delegates of the government of the province in which the offence was committed, or to the central organs of the State Administration to which it is expressly conferred.

Where the jurisdiction corresponds to the Autonomous Communities, the opening and the instruction shall be carried out by the bodies determined by the applicable rules.

In cases where the jurisdiction to resolve the sanctioning procedures is attributed to the Government's Civil Governors or Delegates, the opening and instruction will be the responsibility of the bodies that make up the services. The Ministry of Public Works, Transport and the Environment.

The provisions of the foregoing paragraphs shall be without prejudice to the competence of the Directorate-General for Land Transport to deal with and to resolve the proceedings initiated by the services directly dependent on the same by imposing the penalties which, where appropriate, correspond. In this case, the Director-General shall be responsible for resolving the sanctioning procedures. The opening and instruction of the procedures shall be carried out by the bodies and units of the General Subdirectorate for the Inspection of Land Transport.

2. In the main field of road safety it is for the competent bodies in relation to traffic management and road safety to be responsible for penalties for infringements of Article 197 (b) of the Treaty. and (h) of Article 198 of this Regulation, the substantive and procedural regime established in the LOT and in this Regulation being applicable to that effect. >

Article 205.

< 1. The maximum period for the processing and termination of the penalty procedure shall be one year from the date of its initiation, where the time limit laid down in Article 43 (4) of Law 30/1992, of 26 May 1992, is exceeded. November, on the Legal Regime of Public Administrations and the Common Administrative Procedure.

2. The procedure for the imposition of penalties shall be initiated on its own initiative, by agreement of the competent body, either as a result of minutes and reports entered into by the inspection services on its own initiative or as a result of complaints. formulated by the State Security Forces and Corps and the Autonomous and Local Police, entrusted with the supervision of the transport, or by persons, entities or associations concerned. >

Article 206.

Article 207.

< 1. In any complaint made by the State Security Forces and Bodies and Autonomous and Local Police, as well as in the minutes or reports entered into by the inspection services, a brief statement of the facts, registration, registration, registration, and registration shall be entered. the vehicle interveners in the same, where applicable, and the condition, destination and identification, which may be carried out through the personal registration number of the complainant, as well as those circumstances and data contributing to the determination of the type of violation and the place, date and time of the violation.

2. Complaints made by persons concerned must also include their name, profession and address, as well as the number of their national identity card; in the case of complaints made on behalf of companies, associations or associations. institutions, such data shall relate to the representative of the same who subscribes to the document, and must also include the name of the legal person to whom he represents, his address and number of the General Registry of Carriers and Companies For the purposes of this Regulation, the Commission shall be required to do so. tax or other Register in which they are legally required to be registered.

If the complaints do not gather any of the data indicated, the competent body will require the person to make it so that within ten days the deficiencies will be remedied, with a warning that if this is not done in (a) if the penalty proceedings are to be continued on its own initiative, the complainant shall not be considered as a party, if the person concerned is concerned.

3. Independent infringements shall be taken into account in relation to different expeditions, even if the facts infringe the same or similar provisions. >

Article 208.

If, once the processing has been initiated, the undue qualification or the existence of an infringement of a different nature, the case must be returned to the inspection services of the transport, who will continue the instruction of the same. >

Article 209.

< 1. The administrative body responsible for the instruction of the sanctioning procedure shall carry out, on its own initiative, any action appropriate to the determination, knowledge and verification of the data under which it is to be given. the resolution, which may, if necessary, agree on the file of the proceedings where the proceedings are not to be held liable.

2. To this end, it shall obtain from the General Register of Carriers and Companies of Auxiliary and Complementary Activities of the Transport referred to in Article 49 of this Regulation, as well as those of the Autonomous Communities or Councils, in If appropriate, the information that is necessary and in any case the history of the accused. >

Article 210.

For the purposes of notifications, the address of the person who has expressly indicated and, in the absence thereof, which appears in the General Register of Carriers and Companies of Auxiliary and Complementary Activities shall be deemed to be the address of the person. of Transport. >

Article 211.

The withdrawal of the complainant, at any time in the proceedings, shall have its effect on the complainant, but shall not prevent further processing from continuing, where appropriate. '

Article 212.

Article 213.

< 1. The decision of the sanctioning procedure shall be notified to the person concerned and to the complainant where he has also been involved in the proceedings.

Against administrative decisions concerning sanctioning procedures, ordinary appeal may be brought within a period of one month from the date of notification of such proceedings. The resources, in the event that the sanctions are imposed by organs of the State Administration, will be resolved by the Director General of Land Transportation. If the imposition of the sanction has been imposed, the appeal shall be resolved by the Secretary-General for the Transport Services.

2. Decisions to terminate the administrative procedure shall be subject to the judicial-administrative jurisdiction. >

Article 214.

The period of 30 days referred to in the preceding paragraph shall begin to be counted from the day following that in which the penalty decision was issued which ended the administrative route.

The communications referred for entry in the Register will contain at least the following information: file number; name and address of the offender; number of your national identity card or code (a) the date of the infringement; a brief statement of the acts of the offence and the provisions infringed; and the penalty imposed; the date of the penalty decision and the end of the road administrative, and all data deemed necessary for the correct treatment for the purposes of the proposed legal re-offending. The information in the Register relating to infringements and penalties shall be available to all public administrations to which it affects or interests. >

Article 215.

< 1. The financial penalties shall be met within 15 days of the day following the day on which the decision to end the administrative procedure was issued.

2. The execution of the sanction resolutions shall be carried out in accordance with the provisions of Law 30/1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure and the General Rules of Collection.

3. Non-pecuniary sanctions shall be enforced by the competent body from the date on which the relevant decision was issued which ended the administrative route.

4. The payment of financial penalties, imposed by a decision ending the administrative route, shall be a necessary requirement for the implementation of the visa, as well as the administrative authorisation for the transmission of the authorisations and administrative concessions in respect of which the relevant infringements have made their headlines.

Furthermore, the performance of such a penalty payment will be a requirement for the administrative authorisation to transfer the vehicles with which the infringements referred to have been committed. Penalties correspond.

5. The imposition of the appropriate sanction shall be independent of the obligation to indemnify the damages caused. >

Article 216.

(a) The amount of the fine shall be provisionally fixed by the inspection services or by road transport surveillance agents, in accordance with the provisions of the LOT and this Regulation.

(b) The amount of the penalty must be given in the act, in the deposit and in the currency of legal tender in Spain or in any other country in respect of which in Spain there is an official exchange rate without which it must be carried out. reduction. The complainant's authority or agent shall, on the other hand, provide the complaint with the complaint and the receipt of the deposit of the corresponding quantity.

(c) The quantity shall be delivered as a result of the agreement to be definitively adopted by the competent authority, which shall be referred to in the union of the complaint.

(d) The complaint must be dealt with in accordance with the procedure laid down in this Regulation, recognising the same rights as those resident in Spain.

(e) The person concerned shall have a period of one month from the day of the notification to provide the relevant evidence and evidence which he or she deems appropriate.

When the notification was attempted at the address of the accused person it would not have been possible to practice it, the same one will be sent to the corresponding Embassy in order to comply with the provisions of the article 59.4, second paragraph, of the Law 30/1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, thus definitively being understood the notification.

(f) If the complaint is left without effect or the amount of the fine is reduced, the person concerned or his/her representative shall be made available to the person concerned or his representative.

g) If the accused does not make the deposit of the amount of the fine in the act of the complaint, it will be allowed, according to what the Minister of Public Works, Transport and Environment, that I pointed out in his case. a person or entity constituting sufficient security and, if this is not achieved, the reporting agent shall be immobilised in the place where the vehicle is located, unless this implies a risk to the movement, in which case the latter shall be immobilisation will take place next to the meeting of sufficient security conditions. The same rules as provided for in Article 201 (5) of this Regulation shall apply in respect of such detention.

Once the delivery of the amount of the sanction or the provision of the penalty in his favour will be allowed to continue to the vehicle, without prejudice to the immobilization of the same which, if necessary, proceed in accordance with the provisions of the article 201.5 cited above. >

Article 297.

Paragraphs 1 and 2 are worded as follows:

< 1. The jurisdiction to resolve the sanctioning procedures provided for in Article 295 of this Regulation shall be the responsibility of the Government's civil servants or delegates with competence in the province in which the infringement was committed. in question. The competence to resolve the sanctioning procedures provided for in Article 296 shall be the responsibility of the Director-General of Land Transport.

The opening and instruction of these sanctioning procedures is attributed to the organs and units of the respective territorial services of the Ministry of Public Works, Transport and the Environment, without prejudice to the the Civil Governor, Government Delegate or Director General of Land Transport may entrust them to another body, which shall raise the corresponding civil governor or government delegate or, where appropriate, the Director General of Transport Land, the relevant motion for a resolution.

2. An ordinary appeal may be brought against the administrative decisions of the sanctioning proceedings within one month from the date of notification of the proceedings. The resources, in the case of resolutions of the civil governors or government delegates, will be resolved by the Minister of Public Works, Transport and the Environment. If the Director-General of Land Transport has been responsible for the resolution of the sanctioning procedure, the appeal shall be resolved by the Secretary-General for Transport Services. >

Article 298.

Paragraph 2 is worded as follows:

< 2. The calculation and interruption of the prescription shall be governed by the provisions of Article 132 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

The limitation periods shall be without prejudice to the fact that, even if they have elapsed, the cessation of the illegal situation may be required. >

Article 299.

Paragraph 2 is worded as follows:

< 2. The inspection services shall forward the complaints which it makes to the competent bodies for the opening of the relevant sanctioning procedures. >

ANNEX II

REGULATION OF THE PROCEDURE SANCTIONING THE CIVIL MARINE INFRINGEMENTS ESTABLISHED IN LAW 27/1992 OF 24 NOVEMBER, OF PORTS OF THE STATE AND OF THE MERCHANT NAVY

CHAPTER I

General provisions

Article 1. Object and scope of application.

The exercise of the sanctioning authority, in cases of violations in the field of the Civil Navy, established in Law 27/1992, of 24 November, of Ports of the State and of the Merchant Navy, will be accommodated to what is foreseen in the Royal Decree 1398/1993 of 4 August, approving the Rules of Procedure for the exercise of sanctioning powers, with the singularities established in the following Articles.

Article 2. Competent bodies.

1. They will be competent to agree on the initiation of the sanctioning procedure, the Director General of the Merchant Navy for the very serious infractions and the Maritime Captain for the serious and minor ones.

2. The official of the Directorate-General of the Merchant Navy or of the Maritime Captaincy designated by the competent authority to initiate the procedure shall be competent for the instruction, without it being necessary for the instructor to provide services in the same organ that initiates it.

In any case, it should be understood that the official designated for the instruction of the procedure shall have the character of an instructor.

3. For the decision, the competent bodies shall be the competent bodies referred to in Article 123.1 of Law 27/1992 of 24 November 1992.

4. Under the provisions of Article 10.3 of Royal Decree 1398/1993 of 4 August, the ownership and exercise of the sanctioning competition in the following bodies is concentrated:

(a) For very serious infringements, the sanction of which falls within the Council of Ministers within the meaning of Article 123.1.e of Law 27/1992 of 24 November in the Minister for Public Works, Transport and the Environment, on the proposal of the Secretary-General for Transport Services.

b) For very serious infringements, the sanction of which is the responsibility of the Minister for Public Works, Transport and the Environment within the meaning of Article 123.1.d of Law 27/1992 of 24 November in the Secretary-General for Services Transport, on a proposal from the Director General of the Merchant Navy.

CHAPTER II

Getting started with the procedure

Article 3. Previous performances.

If the alleged perpetrators were identified, they would have the same domicile in a foreign country as they may be required to indicate a person based in Spain for notification purposes. Failure to do so will be notified to you at your home from abroad. When the notification is attempted at the home of the foreign country, it has not been possible to practise it, the same shall be sent to the corresponding Embassy for the purpose of complying with the provisions of the second paragraph of Article 59.4 of Law 30/1992, of the Legal Regime of the Public Administrations and the Common Administrative Procedure, and the notification has been definitively understood.

Whenever the alleged perpetrators reside abroad or when, residing in Spain, it is necessary to complete some foreign processing, the possibility of extension of the deadlines referred to in the Article 49.2 of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Article 4. Measures of a provisional nature.

In addition to the provisional measures expressly provided for in Article 15 of Royal Decree 1398/1993 of 4 August, the retention of the vessel or the vessels involved in the facts of the case may be possible. (a) infringements in the field of the Civil Navy, in order to ensure the effectiveness of the decision which may be placed on the Civil Navy, until such time as the body which has adopted such a provisional measure is granted or guaranteed sufficient guarantee.

CHAPTER III

Instruction Phase

Article 5. Means of testing.

In proceedings initiated on the grounds of alleged pollution of the marine environment, it shall be sought to use means of evidence to verify the direct or indirect introduction into the marine environment of substances, materials or forms of energy which may constitute a danger to human health, damage biological, tourist or scenic resources, reduce the possibility of spreading or hinder other legal uses of the seas, in so far as such (i) introduction would be contrary to existing legislation or would not be properly authorised.

In any case, the extremes about which the reports, analyses or tests are requested must be specified, and the classes and number of the same to be performed, as well as the pollutants or substances that they are intended to be found or any other indication which may be used to show the commission of the infringement and the degree of gravity of the infringement.

Article 6. Evidentiary value.

The inspection records raised by the inspectors attached to the bodies of the maritime administration, as well as the minutes of the verification of events occurring from the Maritime Service of the Civil Guard or other (a) organs of the Spanish or foreign administration, provided that they are formalized by observing the relevant legal requirements, shall have probative value in respect of the facts reflected therein, without prejudice to the evidence which in defence of the their rights or interests can be identified or provided by the alleged perpetrators.

CHAPTER IV

Resolution

Article 7. Deadline to resolve.

The maximum period for the processing of the procedure that this Regulation regulates will be eight months, counted from the date of the initiation agreement, without prejudice to the possible interruptions of its computation to Article 20.6 of Royal Decree 1398/1993 of 4 August 1993.

Article 8. Advertising.

Under the provisions of Article 120.11 of Law 27/1992, of Ports of the State and of the Merchant Navy, the imposition of serious and very serious sanctions, once the corresponding resolutions are firm, will be published in the notice boards of the Maritime Capitanies and in the media which are deemed appropriate, in the light of the relevance or degree of responsibility or of any other circumstances of the offence committed.

Captain Maritimo may bring to the attention of those natural or legal persons who consider the sanctions to be appropriate, in order to strengthen the publicity of the sanctions imposed and the exemplarity of the "

ANNEX III

Administrative procedures of the General Directorate of Civil Aviation and AENA.

Procedure Name/Maximum Deadline For Processing/Competent Authority/Resource Regime

Granting permits for commercial air propaganda. /Three months. /To process:

Civil Government of the province of the Autonomous Community.

To resolve:

Directorate General of Civil Aviation. /Ordinary to the Secretary General for the Transport Services.

Granting permissions for cartographic photography. /Three months. /Directorate General of Civil Aviation. /Ordinary to the Secretary General for the Transport Services.

Granting permits for private pilots ' schools. /Three months. /Directorate General of Civil Aviation. /Ordinary to the Secretary General for the Transport Services.

Granting of permission for schools of Aerostation. /Three months. /Directorate General of Civil Aviation. /Ordinary to the Secretary General for the Transport Services.

Authorization to open flight field. /Three months. /Directorate General of Civil Aviation. /Ordinary to the Secretary General for the Transport Services.

Authorization of Flight Schools. /Three months. /Directorate General of Civil Aviation. /Ordinary to the Secretary General for the Transport Services.

Private Aerodrome Authorization. /Ten months. /To process:

Directorate General of Civil Aviation.

To resolve:

Joint Agreement on Defense and Public Works, Transport and the Environment (Article 4 (a) of the Royal Legislative Decree 12/1978 of 27 April). /-

Authorization of air works companies. /Six months. /Directorate General of Civil Aviation. /Ordinary to the Secretary General for the Transport Services.

Granting permits for aerial photography. /Three months. /Directorate General of Civil Aviation. /Ordinary to the Secretary General for the Transport Services.

Issuance authorizations and certificates related to airworthiness. /Ten months. /Directorate General of Civil Aviation. /Ordinary to the Secretary General for the Transport Services.

Accreditation of non-Community air carriers. /Three months. /Directorate General of Civil Aviation. /Ordinary to the Secretary General for the Transport Services.

Granting of traffic rights. /Three months. /Directorate General of Civil Aviation. /Ordinary to the Secretary General for the Transport Services.

Authorization and other activities in aeronautical easements areas. /Three months. /Directorate General of Civil Aviation. /Ordinary to the Secretary General for the Transport Services.

Enrollment of aircraft. /Three months. /Directorate General of Civil Aviation. /Ordinary to the Secretary General for the Transport Services.

Authorizations and concessions for the exercise of activities in airport enclosures. /Six months. /Board of Directors of AENA. /-