The Order of the Ministry of Public Works, Transport and the Environment of January 12, 1994 has introduced several modifications to the previously existing regime of constitution, management and disposition of the bonds that ensure compliance with the administrative responsibilities and obligations arising from the ownership of public transport authorisations by road and ancillary and ancillary activities.

This Resolution responds to the need to establish the mechanism to comply with these modifications, coordinating the functions to be performed by the different competent administrations on the (a) the way in which employers and, where appropriate, their representative associations have to justify the establishment of such bonds, and by simplifying and facilitating in addition the management actions, precise.

In its virtue, having regard to the final disposition of the Order of 12 January 1994 and heard by the Commission of Directors-General for Transport of the State and the Autonomous Communities and the associations and federations of undertakings of transport and ancillary and complementary activities integrated in the National Committee on Road Transport, this Directorate-General has resolved:

First. Scope of application.

The provisions of this Resolution shall apply to the constitution, management, control, provision and return of the bonds referred to in Articles 56 of Law 16/1987 of 30 July of the Land Transport, and 51 of its Regulation approved by Royal Decree 1211/1990 of 28 September 1990, which is compulsory to constitute in accordance with the provisions of the orders governing the arrangements for the various transport and transport authorizations its ancillary and complementary activities and in the Order of 12 January 1994.

Second. Forms of bonding.

The sureties referred to in the previous paragraph may be in any of the following modes:

Mode A: Fiance constituted on an individual basis by means of a cash deposit, securities of the public debt or similar securities.

Mode B: Fiance constituted on an individual basis by means of an endorsement by a legally recognised financial institution or entity.

Mode C: Collective trust constituted by an association or federation of carriers or companies of auxiliary and complementary activities of the transport in favor of their members, by means of their deposit in cash, titles of Public debt or equivalent securities.

Mode D: Collective trust constituted by an association or federation of carriers or undertakings of ancillary and complementary activities of the transport in favour of its members, by means of a guarantee of a financial institution or of Legally recognised entrenchment.

Third. Choice of bail mode.

Employers holding several authorisations of the same class must constitute the bonds relating to all of them in the same manner as those provided for in the second paragraph.

The mode in which the security has been lodged for a particular authorization cannot be varied before the end of the current year. Such variation shall in any event be made in compliance with the time limits laid down in paragraphs 7 and 10 of this Resolution.

Employers who have chosen to constitute bail in B-mode and the associations or federations that have chosen to constitute it in modality D will not be able to replace the guarantee initially contracted with an entity by another contract with a different one, before the end of the current calendar year.

Fourth. Administrative powers over the sureties.

The administrative powers relating to the establishment, management, control, disposal and return of the bonds set out in modalities A and B shall be exercised by the Directorate-General for Transport of the Community. Autonomous in whose territory the authorisations to which they were affected were domiciled.

The administrative powers relating to the constitution, management, control, disposition and return of the bonds constituted in the modalities C and D shall be carried out by the General Directorate of the Land Transport of the Ministry of Public Works, Transport and the Environment, with the collaboration of the Autonomous Communities concerned, in accordance with the provisions of this Resolution.

Fifth. The amount of the sureties.

The amounts of the bonds corresponding to each class of authorizations, as well as the reductions that are applicable to the collective bonds, will be those established in the respective Orders of the Ministry of Public works and Transport issued in the development of the Regulations of the Law of Land Transport Management in relation to each class of authorizations.

Sixth. Limit to which the sureties respond.

The bonds set out in the A-mode shall be liable annually, up to the limit of their total amount, for the payment of all the unsatisfied penalties imposed, in relation to the authorization to which they are affected, by means of (a) a decision to terminate the administrative procedure in respect of the calendar year concerned.

The bonds set out in modality B shall be liable, up to the limit of their total amount, for the payment of all the unsatisfied penalties imposed, in relation to the authorization to which they are affected, by means of put an end to the administrative route within the calendar year to which they extend their coverage.

When a company, holder of several authorizations, has constituted the corresponding bonds in the modalities A or B, they will respond jointly up to the total sum of their amounts, of the payment of the total of the sanctions (a) the Commission has not been satisfied by the Commission's failure to act directly with any of the authorisations, by means of resolutions which put an end to the administrative path which have been taken within the periods referred to in Article 1 (1); the preceding paragraphs.

The bonds set out in modalities C and D shall be liable for the payment of the unsatisfied penalties up to the same limits as if the bonds set out in the terms A or B were treated, but the amount of the sum of the Penalties executed on an annual basis shall not exceed the total amount of penalties.

Seventh. Model of constitution and replenishment of the bonds.

The bonds established in the A-mode shall be constituted and, where appropriate, be reimposed in accordance with the terms laid down in paragraph 8.

The bonds established in modality B must be constituted by means of a guarantee covering the period between the date of granting of the authorization and 31 December of the current calendar year. Before 1 January of each successive year, a new endorsement document shall be submitted, the coverage period of which shall be extended from that date to 31 December thereafter.

The bonds set out in C-mode shall be constituted before 1 January of the first year in which they are valid, and shall be reimposed in accordance with the terms laid down in paragraph 8.

The bonds established in modality D shall be constituted before 1 January of the first year in which they are valid. Before 1 January of each successive year, a new endorsement document shall be submitted, the coverage period of which shall be extended from that date to 31 December thereafter.

Eighth. Period of coverage of the bonds.

The bonds set out in modalities A and C shall be constituted without a default coverage period, and shall be returned by their holders within 60 days from the date on which the competent body notify the Commission of the provisions of the provisions of this Article and of the provisions of Article 1 (1). If not, the remainder of the bail and the revocation of the authorization to which it was referred shall be returned, where appropriate.

As a general rule, when the sureties are in B or D mode, they will have a matching coverage deadline with the calendar year. To this end, the guarantee shall extend its coverage to the payment of the unsatisfied penalties imposed by decisions which end the administrative route, which shall be between 1 January and 31 December, inclusive of the calendar year. next to your constitution. To this end, the endorsement document must be expressly reflected in the cover period. Only where the employer has acquired a new authorization at an intermediate date between the aforementioned, may he, in respect of the latter, agree to an endorsement extending its coverage only between that date and 31 December of the year in which the course.

Ninth. Form of deposit of the security.

The documents for the formation of the bonds, whatever their modality, shall be valid provided that it is stated that the security is in accordance with the terms provided for in Article 51 of the Regulation of the Law of Ordination the Land Transport and its implementing rules and the period to which they are referred to in the terms laid down in paragraph 8.

The bonds incorporated in the A-mode shall be deposited with the entity of the Autonomous Community that performs functions equivalent to the General Deposit Box, with the delivery of the document supporting the deposit to the competent authority of the Autonomous Community.

The guarantee document of the bonds incorporated in modality B shall be submitted to the competent authority of the Autonomous Community.

The bonds formed in the C modality will be deposited in the General Deposit Box or in its provincial branches, and must make delivery of the document accrediting of the deposit to the General Direction of the Land Transport of the Ministry of Public Works, Transport and the Environment.

The guarantee document of the bonds formed in the D modality will be delivered in the General Direction of the Land Transport of the Ministry of Public Works, Transport and Environment.

In addition, in the case of the bonds formed in the C and D modalities, accompanying the supporting document of your deposit, or if applicable, to the guarantee, must be presented, by means of a list issued by computer, the data following:

Denomination, domicile and residence of the association or federation that constitutes the security.

Authorization class to which the bail is concerned.

Form of deposit (deposit in cash, securities, guarantee, etc.).

Denomination of the financial or financial institution that provides the guarantee (if the bond was established in the D mode).

Date of constitution of the bail.

Period of bail coverage (unlimited in the case of those incorporated in C-mode and from 1 January to 31 December of the year in question in the case of those incorporated in modality D).

Total amount of bail.

Total number of secured authorizations.

Denomination and NIF or CIF of each of the undertakings included in the collective bond, with the ratio of the series and numbers of the authorisations (except for provisional authorisations) of the holder and of the registration of the vehicles to which they are attached.

10th. High and low in collective bonds.

Associations or federations of collective bonds may not include new companies, nor do they lower the number of companies initially included, on an individual basis. The communication of such high or low to the Directorate General of Land Transport must be carried out jointly, by the presentation of a new listing replacing the one required in the ninth paragraph, on the dates between the 15 and 31 December of the year preceding the year in which they are to take effect.

Only in the event that an employer who was already included in the collective bond or who did not have any individual or collective bail, acquired a new authorization may be included in such a bond. of the period previously mentioned, with to this effect the associations or federations to communicate to the General Direction of the Land Transport, bimonthly, the high ones that for such cause would have been produced.

11th. Provision of the sureties.

The collection of penalties, regardless of the manner in which they are constituted, shall be carried out by the body which, in each case, is competent in accordance with the provisions of the third subparagraph, the length of a single annual collection period, which shall be extended from 1 December of the year in which the penalty decisions to be implemented have been imposed, until 31 March of the following year.

In order to enable knowledge of the modality in which each bond is constituted by the various sanctioning bodies, the General Directorate of Land Transport of the Ministry of Public Works, Transport and the Environment shall transmit to the Directorate-General for Transport of each Autonomous Community a copy of the lists provided for in the ninth and tenth paragraphs as soon as they have been submitted by the associations or federations which they have been collective bonds.

After the voluntary payment deadline, without the sanction imposed by a resolution terminating the administrative route, the sanctioning body will proceed as follows:

First, you will check whether the sanctioned company is included in any of the collective bond listings that have been referred to you by the General Directorate of Land Transportation. If so, it shall direct its application for recovery to this Management Centre, taking into account that the applications received after 28 February of the year following the year in which the penalty decision was granted shall not be met.

If the company is not included in the aforementioned lists and the authorization is resident in the territory in which the sanctioning body is competent, it will check if it has constituted before the individual bond, If it does not initiate the procedure for the withdrawal of the authorisation.

If the company is not included in a collective bond and the authorization is resident in a territory other than that in which the sanctioning body is competent, it shall direct its application for recovery to the competent body. in that territory, taking into account that the applications received after 28 February of the year following the year in which the penalty decision fell shall not be met. If the body which receives the request for recovery finds that the approved undertaking has no individual security before it, it shall initiate the procedure for the revocation of the authorization.

In relation to the penalties for which the application for recovery would not have been received before the dates referred to in the preceding paragraphs, it shall be carried out in accordance with the provisions of Article 97 of the Law on Legal Conditions. of the General Administration and the Common Administrative Procedure.

Each of the competent bodies as provided for in the fourth paragraph shall, within the period of recovery referred to above, have the corresponding guarantees in order to meet the requests for recovery. received from the sanctioning bodies themselves or from other administrations, up to the limit referred to in paragraph 6, in accordance with the order of precedence marked by the date of entry of the application for recovery, considering, in the case of of sanctions imposed by the organs of the Administration itself, which is the date of termination of the voluntary payment period.

The bodies that would have received requests for recovery from other administrations will proceed to carry out the necessary procedures for the effective payment of the corresponding sanctions, in the way they would have been indicated in your application.

Without prejudice to the above, the competent body may, at any time prior to the beginning of the recovery period referred to above, bring to the attention of the relevant guarantor the penalties for which it is charged. (a) from the securities which the securities may have obtained have been applied for by the sanctioning bodies themselves or by other administrations, where they deem it appropriate for their best management.

The collection of penalties with respect to bonds will, in any case, be conditional on the corresponding infractions being registered in the General Registry of Carriers and Companies of Auxiliary Activities and Complementary to Transport.

12th. Return of the bonds formed in the A and C modes.

Employers who have been granted bail in the A mode may request their return when they cease to be holders of the authorization to be referred to by the latter or have been granted bail in another embodiment, although the refund shall not be made effective by the competent authority but after 31 March of the year following the year in which the application was received, after the end of the period of the execution of penalties.

The associations or federations which have been granted bail in the C mode may only request their return on the dates between 15 and 31 December, although such a refund will not be effective but after 31 March of the following year.

Additional disposition.

The functions which, as provided for in this Resolution, are to be carried out by the competent bodies of the Autonomous Community where the authorisations are domiciled, shall be carried out by the competent authority of the State of the State in relation to the bonds referred to in the territory of those Autonomous Communities which do not have powers delegated by the State in relation to the territory of the State in relation to the management of these authorisations, as well as in relation to the bonds referred to authorisations of any area domiciled in Ceuta or Melilla.

Transitional disposition.

The holders of authorisations already existing for the entry into force of this Resolution shall constitute the securities corresponding to them, in accordance with the provisions of this Resolution, before 1 April 1994, without effect the sureties which, where appropriate, are previously constituted as not being in accordance with that procedure, which shall be returned to the holder when he so requests to the body before which he has constituted them.

Madrid, February 7, 1994. -Director General, Bernardo Vaquero López.