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Order Of 14 June 1993 That Develops The Section 2 Of Chapter Iv Of Title V Of The Regulation Of The Law Of Management Of The Transport Land, Lease Of Vehicles With Driver.

Original Language Title: Orden de 14 de junio de 1993 por la que se desarrolla la sección 2.ª del capítulo IV del título V del Reglamento de la Ley de Ordenación de los Transportes Terrestres, sobre arrendamiento de vehículos con conductor.

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TEXT

The Regulation of the Land Transport Management Law, approved by Royal Decree 1211/1990 of 28 September, regulates in its title V, dedicated to the auxiliary and complementary activities of transport by road, the road to the road, the road to the road, to which section 2 is concerned. of Chapter IV. This Regulation was subsequently developed by the Order of the Ministry of Public Works and Transport of 1 February 1992, which established the legal status of the enabling authorizations for the exercise of that activity. leasing of vehicles with driver.

The application of this Order, as well as the carrying out of the visa of the transport authorizations, has advised to issue a new Order in the field, in order to introduce certain modifications in the legal regime of the authorisations to facilitate their visa through the recasting of a single act of the company's visas and authorisations up to now, establishing their periodicity every two years and simplifying, as far as possible, the actions to be carried out by the leasing company, although without prejudice to the necessary legal guarantees of control documentary that they must accompany these actions.

Despite the fact that the modifications of the system of leasing of vehicles with driver, apart from the one indicated, are already minimal, it has been considered convenient to dictate a new Order of development of the Regulation of the Law of Management the Land Transport in this field, in order to have a single disposition rather than with several scattered and successively modified.

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

Article 1. Compulsory authorization. -For the realization of the activity of leasing of vehicles with driver it will be necessary to obtain, for each

vehicle intended to be used for the same, of an authorization to enable it to be provided, in accordance with Article 180 of the Regulation of the Law on the Management of Land Transports, approved by the Royal Decree 1211/1990, of 28 September (hereinafter ROTT).

Art. 2. Address of the authorisations.-The licences for the hire of vehicles with a driver must be located in the place where the vehicles are referred to.

Art. 3. Authority responsible for authorizations.-The granting of licences for vehicles with a driver shall be carried out by the state or regional body which, directly or by delegation, has been assigned the competence for the the issue of the authorisations for inter-urban discretionary transport in the place where they are to be domiciled, subject to a favourable report by the relevant City Council.

Art. 4. Scope of the authorisations.-Llease authorisations for vehicles with a driver shall enable the performance of both urban and inter-urban services throughout the national territory, provided that the vehicle has been previously contracted in accordance with the provisions of this Order.

Art. 5. Requirements for the granting of authorizations. -For the granting of vehicle lease authorizations with driver it will be necessary to accredit to the competent organ the fulfillment of the following requirements:

(a) To be a natural person, not being able to grant authorisations jointly to more than one person or to communities of property, or legal person, in which case, the form of a commercial company, an anonymous company job or associated worker cooperative.

b) to have Spanish nationality, or that of a Member State of the European Economic Community or another foreign country with which, pursuant to the provisions of the international treaties or conventions entered into by Spain, the requirement is due.

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

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

e) Dispose of a local in the municipality where the vehicles are located, other than the private address of its owner, with registered trade name, open to the public prior to the legal requirements on the opening of premises. Such premises must be dedicated exclusively to the activity of leasing vehicles with a driver and cannot be shared by several companies.

(f) Credit the existence of the number of drivers provided for in Article 6. which meet the conditions laid down therein.

(g) Dispose of the number of vehicles set out in Article 7., dedicated to the rental activity with a driver, meeting the conditions set out in Article 8.

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

Art. 6. Drivers of vehicles. -Companies engaged in the activity of leasing vehicles with a driver must have at all times a minimum of two drivers for each of the three authorizations they hold. An additional driver shall be required if the division between three of the number of authorisations being held is more than one.

Such drivers must be in possession of the driving licence of class B-2 or higher and must be registered as such and on a high level of social security.

However, the holder of the authorisation and his or her first-degree family may be counted as drivers; in the event that the authorisation is of the ownership of a legal person, the driver may be counted as the driver. a person holding the property of at least 20 per 100 of his share capital, provided that in one and another case they have the said driving licence and it is justified that such persons are drivers of the vehicles.

Art. 7. Minimum number of vehicles. -Companies engaged in the activity of leasing with a driver must have at all times, either property or financial leasing type , of at least five vehicles engaged in the activity, meeting the conditions laid down in the following Article. This minimum number shall be raised to seven when the leasing company is domiciled in a municipality with an official population census equal to or greater than 500,000 inhabitants of law or in any of the municipalities bordering on one of the municipalities. (a) these, and 10 when the census is equal to or greater than 1,000,000 inhabitants, also of law, or any of the municipalities bordering on one of them.

In any case, such vehicles must have their base of operations in the municipality in which the Company is located, and must be located in the company, unless it is justified that they are providing a service prior to procurement in accordance with Article 26.

Art. 8. Conditions and characteristics of the calculations.-1. Vehicles to which the driver's lease permits must be referred shall not have a capacity exceeding eight seats, including that of the driver, and must meet, without prejudice to any other vehicle which provides for an improvement of their conditions, the following characteristics:

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

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

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

d) Dimensions and equipment of the interior of the vehicle and of the seats, suitable to provide the user with the safety and comfort of this type of vehicles, which, in any case, must be superior to those presented for medium-type passenger cars.

e) Maletero with a useful capacity of at least 300 litres.

f) Air conditioning or air conditioning.

g) Phone at user's disposal.

Compliance with the requirements of paragraphs (a), (b), (c), (d) and (e) shall not be required where the Company sufficiently justifies the final price of the vehicle recommended by its manufacturer, including the tax On the Value Added (VAT) and the Special Tax on Determinated Means of Transport, at the time of referring to the corresponding authorization, it is equal to or greater than 4,000,000 pesetas.

2. Vehicles to which they must initially refer to a driver's lease may not be more than two years old, counted from their first registration. This age shall be extended to five years where the undertaking sufficiently justifies that the final price of the vehicle recommended by its manufacturer, at the time of referring to the relevant authorisation, is equal to or greater than 5,000,000 of pesetas; there is no limitation as to the age of the vehicle, when the price is equal to or greater than 8,000,000 pesetas.

Art. 9. Advertising and distinctive features in vehicles. -Vehicles engaged in the activity of a driver's lease may not carry any advertising, or identifying external signs, unless, where appropriate, the plate relating to their condition of vehicles of public service.

Art. 10. Application for authorisations. -1. In order to initiate proceedings for the procedure for obtaining licences for the leasing of vehicles with a driver, they must be domiciled in a municipality in which the applicant company does not already have other homes. authorisations in force, the corresponding standard standard application form to be submitted to the competent body, to be accompanied by original or photocopied photocopy of the following documentation:

(a) In the case of natural persons, a national identity document in force, an identification document having equivalent effects in the country of origin, or the passport, as well as, in any case, accreditation to be found in possession of the corresponding tax identification number.

In the case of legal persons, an authorized copy of the document of incorporation shall be presented in which it is the object of the Company to carry out the activity of leasing of vehicles with a driver, as well as its tax identification card and proof of registration in the Trade Register or, where applicable, in the corresponding Register.

(b) Justicizer of the high level affiliation of the applicant Company in the social security system.

(c) a municipal opening licence of the relevant premises or offices in which the undertaking carries out its business or, alternatively, proof of its application.

d) Justicizer of having made a statement of the Income Tax of the Physical Persons or of the Tax on Societies and of the Value Added Tax, whose statutory deadlines for filing have expired during the 12 months immediately preceding the date of the application, unless legally required to do so.

The documentation provided for in this paragraph shall, in any case, be duly sealed or duly filed by the competent authority of the Ministry of Economy and Finance or, where appropriate, by one of the itself.

This documentation may be replaced by a certificate issued by the competent authority of the Ministry of Economy and Finance, which is proof of the applicant's compliance with his obligations in relation to the These taxes shall be imposed during the period referred to in the preceding paragraph.

e) Justicizer of being discharged and current in the payment of the Tax of Economic Activities, except that legally he is not obliged to make such payment, in which case it will suffice to justify his registration in the tax.

2. Where the undertaking requesting new authorisations is already the holder of other authorisations in force domiciled in the same municipality in which it is to be, it shall be sufficient to submit the corresponding official application form.

Art. 11. Grant of authorizations. -1. The application referred to in the preceding Article shall be lodged with the body responsible for its decision, the latter shall proceed, provided that the documentation referred to in that Article is accompanied where it is compulsory and is not recorded or observed. the failure to comply with any of the requirements set out in Article 5, to obtain the necessary information from the relevant City Council, making it an extract from the application and documentation provided, with the warning that, if it does not inform the period of one month shall mean that the granting of the authorisation is considered appropriate requested.

The City Council may issue an unfavourable report only when a failure to comply with any of the requirements set out in Article 5 is observed, or where a plan or schedule has been approved by the competent body as As provided for in point 3 of this Article, this should result from the application of this Article.

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

In addition, the competent body may refuse authorization even if the City Council's report is favourable, if there is a manifest disproportion between the number of authorisations for this class granted in the area where the municipality and the potential users of the service.

3. Where there is a mismatch between the supply and the demand for the rental services of vehicles with a driver in a given area, the authority responsible for granting the authorisations, after hearing the relevant authorities, Local authorities may draw up and approve a transport plan or programming setting out limitations on the granting of authorisations or criteria relating to the provision of the activity, as well as its territorial distribution. Where such a plan or programme exists, both the municipal report and the administrative decision on the granting of the authorisations to be domiciled in the territory concerned shall be governed by nature. negative only where one of the requirements laid down in Article 5 is not met, or where it is necessary to meet the criteria laid down in the plan.

4. Where the existence of the circumstances referred to in the preceding paragraphs is not appreciated and the Council has issued its report in favour of, or has elapsed, one month, the body has been sought, without giving a ruling on the matter. competent to notify the applicant, indicating that it has three months, counted from the date of notification, to provide the documentation which is then related, with the warning that, if not so, the file will be archived without further formalities:

(a) The driving licence of the vehicle to which the authorisation is intended to be referred to, in which the vehicle is intended to be used for the purpose of leasing with a driver.

(b) The technical inspection document of the vehicle in which the legally established periodic survey is found to be in force.

(c) Justifying the insurance subscription provided for in Article 5.

(d) Supporting documentation of the recruitment and corresponding registration of the number of drivers in the high social security system as appropriate, as provided for in Article 6, effect of the authorisations to be delivered.

e) Justification of having constituted the corresponding bond in the terms provided for in this Order.

The above three-month period may, exceptionally, be extended to a maximum of up to three more, where, before the date of completion of the said period, the person concerned shall request sufficient proof of the impossibility of disposing of the the vehicle to which the authorisation is to be referred to within the initial period.

5. When the application is lodged with the body responsible for granting it, the latter shall, after examination of the dossier and found that the conditions required, be fulfilled for the granting of the authorization, which shall be documented in accordance with the provisions of the the following article.

As appropriate, the competent body shall proceed, provided that the documentation referred to in the preceding articles is accompanied and the non-compliance with any of the above articles is not recorded or observed. (a) to extend a provisional authorisation which will enable for a maximum period of one year, if not revoked, to dedicate the vehicle entered in the same to the exercise of the transport activity as requested. Such authorisation may be renewed if it has not been possible to deliver the final decision before the end of that period.

Art. 12. Documentation of the authorisations.-as for the lease of vehicles with a driver granted in accordance with the provisions of the previous Article, they shall be documented by the issuing of the corresponding cards of the VTC class, in the the ownership, address, vehicle to which they are referred and other circumstances of the activity to be determined by the Directorate-General for Land Transport shall be specified.

The card in which the authorization is issued must be at all times in the vehicle and located in place that is visible from the outside.

Art. 13. System of individual bonds. -1. Undertakings holding licences for the lease of vehicles with a driver must be held at a level of 250,000 pesetas for each authorization, as a guarantee of compliance with the responsibilities and obligations arising therefrom, (a) which shall be affected by the payment of pecuniary penalties for non-compliance with the rules governing the management of transport which would have been unsatisfactory.

When the Company is the holder of several authorizations, the set of the bonds referred to will respond, up to the total amount of its amount, from the payment of the penalties not satisfied and imposed by the commission of the infringements attributable to the leasing company, even if they do not provide a specific and direct relationship to any of the authorisations for which it is a holder.

The lodging of the security must be credited prior to the delivery of the authorizations, and shall be made either by cash income, securities of the Public Debt or similar securities, in the General Deposit Box or its branches, or, where appropriate, the equivalent organ of the Autonomous Community in which the Company has its registered office for tax purposes, if the company holds the jurisdiction over the authorisations by delegation of the State, or by means of an Entity financial or legal aid.

The sureties will be made available indistinct from the Directorate General of Land Transport, the Ministry of Public Works and Transport and the Directorates General for Transport of the Autonomous Communities that have delegated powers in relation to the obligations to which the said bonds are affected.

2. Where the undertaking's failure to comply with the obligations arising out of the corresponding authorisations is made in full or in part of the security, the holder shall replenish the amount deducted within the maximum period of 60 days. If not, the party shall be returned in its unused case from the bail and the revocation of the authorization to which it was referred.

The sureties shall be returned to the Company that constituted them when they have ceased to be the holder of the authorizations to which they were referred or for having included the same in a collective bond so authorized by the competent administrative authority.

Art. 14. The formation of collective bonds. -Professional associations or Federations of the leasing companies of vehicles with a legally constituted driver may establish collective bonds in favor of those of their members who expressly determine, in which case they shall be exempt from constituting the individual security in the terms provided for in the preceding article.

They shall apply, in respect of the constitution of such collective bail, identical rules to those established for individual bonds.

Art. 15. Low and high in collective bonds. -1. Where the relevant association or federation of vehicle leasing undertakings with a driver communicates to the Director-General of Land Transport, or, where appropriate, to the Director-General of Transport of the relevant Autonomous Community, the In the case of a company in the group to which the collective bond is concerned, the company must, within 60 days, constitute the mandatory bail in the individual form, which is considered to be annulled, if not, the authorisation.

The communication of the discharge notified by the association or federation shall be made by registered mail with acknowledgement of receipt, addressed to the Director General of Land Transport, or, where appropriate, to the Director General of Transport of the the Autonomous Community, which in turn shall inform the undertaking concerned, which shall, from the date of receipt of such notification, exclude the exclusion, for all purposes, of the undertaking to which it relates collective bail.

The calculation of the period of 60 days provided for the constitution of the individual bond will begin to be counted from the moment when the Directorate General of Land Transport, or, if necessary, the Directorate General of Transportation of the corresponding Autonomous Community, requires the Company that would have caused low in the association or federation of the fulfillment of that obligation.

2. The notification to the Director-General of Land Transport, or, where appropriate, to the Director-General of Transport of the relevant Autonomous Community, carried out by registered mail with acknowledgement of receipt, by the relevant association or By communicating the discharge of a new Company in the collective bond that the company has established, it will assume, from the date of notification, the inclusion to all the effects of such Company in such collective bond.

Art. 16. Amounts of the collective bonds.-The amounts of the collective bonds constituting the professional associations or associations of vehicle leasing companies shall be reduced in relation to the amount to be paid by the application of the provisions of Article 13, in the following terms:

-To the collective bond, replacing 75 to 150 individual bonds, it will be a reduction of 65 per 100.

-To the collective bond, replacing 150 to 300 individual bonds, it will correspond to a reduction of 75 per 100.

To the collective bond, substitute for more than 300 individual bonds, it will be up to a reduction of 85 per 100.

Collective bonds that replace less than 75 individual bonds shall not be reduced.

Art. 17. The execution of collective bonds shall be liable to the limit set out in Article 13 for the individual character, for failure to comply with the obligations and responsibilities of the authorities of each of the Member States. Undertakings collectively established, with effect, up to that limit, on the payment of the unsatisfied economic penalties which, in relation to those authorisations or to the undertakings holding them, would have been imposed for non-compliance of the rules governing the management of transport.

Where, for failure to comply with an undertaking of such obligations, the use of the collective bond is to be made, the association or federation of the leasing companies of vehicles with a driver must replace the amount deducted from that of the date on which the periodic justification for the adequacy of the amount of the collective bond to the General Directorate of Land Transport, or, where appropriate, the Directorate-General for Transport of the relevant Directorate-General, is to be made. Autonomous Community, in accordance with the provisions of the following Article.

Art. 18. Periodic verification of collective bonds. -1. Semi-annually, in accordance with the timetable to be determined by the Directorate-General for Land Transport, the associations or federations of motor-vehicle leasing undertakings which have established collective bonds shall have to to refer to that Directorate-General, or, where appropriate, to the Directorate-General for Transport of the relevant Autonomous Community, the relationship of the undertakings which have caused a high or low level of the collective bond, as well as to justify the the adequacy of the security to the forecasts contained in Article 16.

Where circumstances advise more frequent control of the adequacy of the amount of these bonds, the Directorate-General for Land Transport may determine that, as a general rule, the justification for such adequacy is performed on a quarterly basis.

2. If the examination of the documentation provided shows that the amount of the collective bond is lower than that which, as provided for in Article 16, corresponds at that time to the total number of undertakings guaranteed by that undertaking, the General of Land Transport, or, where appropriate, the Directorate-General for Transport of the relevant Autonomous Community, shall notify the relevant association or federation thereof and if it does not justify complete documentation within 60 days, counted from the receipt of such notification, having raised the amount to which the (a) the collective security shall be returned to the public. In this case, each associated undertaking shall be an individual security in accordance with the terms laid down in Article 13 within 60 days of the date of such obligation being communicated to them by the Directorate-General for Land Transport, or case, by the Directorate-General for Transport of the relevant Autonomous Community.

Art. 19. Visa of authorisations. -1. The validity of the authorizations granted in accordance with the provisions of this Order will be conditional upon the periodic verification of the maintenance of the conditions which originally justified the granting of those authorizations and which constitute requirements for their validity, and for which, even if they are not originally required, they must also be enforced.

This finding will be carried out, biennially, by the administrative body that has made the granting of the authorizations, in accordance with the provisions of this article.

2. For the purpose of carrying out the visa of the vehicle leasing authorisations with the driver of the holder of the undertaking, the following documentation shall be required:

A) In a unitary manner in relation to the set of authorisations, as provided for in Article 10 (b), (d) and (e).

B) For each of the authorisations, as provided for in Article 11.4 (c), together with a photocopy of the card in which the authorisation is documented.

However, the competent body may also require the filing of any other of the documents expressed in Articles 10 and 11.4, whether in relation to all or any of the authorizations that the Company is holder, where it considers it appropriate to verify the proper compliance with the requirements which are justified by documents.

3. The failure to carry out the visa provided for in this Article or the provision of the required documentation within the time limit laid down for that purpose shall constitute a minor infringement, in accordance with Article 199 (n) of the ROTT. After one year after the end of the period without the application for a visa or the entire documentation referred to in paragraph A of the previous number, they shall be deemed to have expired without the need for a visa. express revocation by the Administration, all authorizations to lease vehicles with driver that the Company holds the company.

Where only the documentation provided for in paragraph B has been discontinued in relation to a given authorisation, the expiry date shall be limited to the authorisation.

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

4. Once the approval of each authorization has been carried out, the competent authority shall document it on a new card in accordance with Article 12.

Art. 20. Rehabilitation of expired authorizations due to lack of visas. -Exceptionally, when there are justified and non-common causes that prevented the term from being seen, and so be requested by providing documentation that in the opinion of the competent organ give sufficient evidence of the concurrence of such circumstances, may be, after report of the National Committee on Road Transport, which may be replaced by the equivalent organ of the Autonomous Community, where such an existence exists, grant the rehabilitation of expired authorisations for lack of visa, provided that they do not more than six years after the end of the period in which they were due.

Art. 21. Time limits for the implementation of the visas. The implementation of the visas provided for in the previous articles will be carried out in accordance with the deadlines and timetable which will be determined by the Directorate General of Land Transport or, compliance with the provisions of the latter, by the Autonomous Communities which, by delegation of the State, must carry out them.

Art. 22. Verification of the conditions of the authorization. The carrying out of the periodic visa provided for in the preceding articles shall not be an obstacle to the Administration's ability, at all times, to verify the proper fulfilment of the requirements in Article 5, by collecting from the holder of the authorisations the supporting documentation which it considers relevant.

Art. 23. Transfer of the authorizations.-The authorizations for the lease of vehicles with a driver may be transmitted to other operators, provided that the Administration makes it possible to make the subjective novation of the same in favor of its acquirers. Such novation shall be conditional upon the acquirers fulfilling all the requirements laid down in this Order for the originating grant of the authorizations.

The authorisations transmitted must continue to relate to the same vehicles, on which the acquirer must have acquired, in turn, any of the forms of provision laid down in Article 7; or at the same time referring to different vehicles provided by the new holder, provided that the requirements for the replacement of vehicles in Article 25 of this Order are met.

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

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

Art. 24. Special scheme for the transfer of authorisations to the forced heirs. Notwithstanding the provisions of the previous article, where the death of the holder of the authorisations occurs, it may be carried out, even if the requirement is not met. (a) Article 5 (a), the subjective novation of the same in favour of his or her forced heirs, together and for a maximum period of two years. After that period, or before the hereditary award is made, that requirement must be met, where otherwise the authorisations shall be revoked.

Art. 25. Replacement of vehicles affected by authorisations. -Vehicles to which the driver's lease permits are referred to, may be replaced by others where the competent authority so authorises, by reference to the authorisation for the new vehicle.

Such replacement shall be subject to the replacement vehicle complying with the requirements of this Order. However, replacement shall be permitted even if the replacement vehicle is more than two years old, provided that it is less than that of the replaced vehicle.

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

Art. 26. Conditions for the leasing of vehicles with driver.-The rental service of vehicles with driver must be hired in advance at the offices or premises of the leasing company located in the municipality in which the vehicle is domiciled. authorisation. In no case may the corresponding vehicles await or circulate through the public roads in search of clients, nor do the collection of those who have not previously contracted the service.

Art. 27. Road map. For the purposes of administrative control, a road map shall be carried on board the vehicle, stating the name and number of the national identity document or the tax identification code of the lessor; the place, date and the time at which the service is to be initiated; the registration of the vehicle; as well as the other circumstances to be established, where appropriate, by the Administration or freely agreed by the parties. The Company shall retain a copy of such documentation within one year from the date of conclusion of the contract.

Art. 28. Price of the lease.-The prices of the activity of leasing of vehicles with driver will not be subject to administrative fee, although the corresponding companies must have available to the public brochures or lists printed in the (a) to be indicated by those applying at the premises where they are engaged in the lease.

ADDITIONAL PROVISIONS

First. The provisions of this Order will not be applicable to the legally anticipated assumptions of collaboration between carriers, which will be governed by the espe

Cyphically established for them, nor, in accordance with Article 180 of the ROTT, to the leasing of tractor heads provided with TD class authorizations, granted in accordance with the provisions of point 2 of the provision The fifth transitional measure of Law 16/1987, of 30 July, of Land Transport Management, which shall be governed in accordance with the provisions of that provision and its implementing rules.

Second.-The issue of the lease authorizations referred to in this Order, as well as the visa of the same, are subject to the fee provided for in Decree 142/1960 of 4 February, or to which you may legally replace it.

Third.-The Autonomous Communities of the Balearic Islands and the Canary Islands may lay down rules for the development or implementation of the Land Transport Management Act and its Regulation on the leasing of vehicles with driver, from the date on which they are held by a delegation of the State, the exercise of the powers provided for in Article 8 of the Organic Law 5/1987 of 30 July, being considered as an application, in relation to those referred to above. implementing or implementing rules, the provisions contained in this Order.

TRANSIENT PROVISIONS

First.-The authorizations to lease vehicles with driver obtained by exchange of the old municipal licenses of Class C, as provided for in the second paragraph of the second transitional provision of the ROTT will be governed by the provisions of this Order, with the following particularities:

(a) The minimum number of vehicles provided for in Article 7 shall not be required.

(b) They shall not be subject to compliance with the characteristics laid down in Article 8 for vehicles to which the authorisations are referred to, until 1 January 1995.

However, when specific circumstances are met in a given territory, the competent authority may, in the opinion of the competent authority for the granting of the lease of vehicles with a driver, be entitled to The Commission shall, after hearing the relevant authorities concerned, set a period of less than that provided for in the preceding paragraph.

Second.-For the purposes of the approval of the authorizations for the year 1993, the documentation referred to in Article 19, referred to in Article 11.4 (e), shall be submitted in respect of each authorisation to be sought.

Third. -During the year 1993, no visa will be made for the authorizations to lease vehicles without a driver, while retaining the validity of the cards in which they are currently documented.

REPEAL PROVISION

The Order of the Ministry of Public Works and Transport of 1 February 1992 is hereby repealed, as well as any provisions of the same or lower rank which are contrary to the provisions of this Order.

FINAL DISPOSITION

The Director-General of Land Transport is empowered to make the necessary arrangements for the application and development of this Order, as well as to interpret it and to resolve the doubts raised in its application.

Madrid, 14 June 1993.

BORRELL FONTELLES

Ilmos. Mr Secretary-General for Transport Services and Director General of Land Transport.