Key Benefits:
The Regulation of the Land Transport Management Act, approved by Royal Decree 1211/1990 of 28 September 1990, was developed in the field of authorizations for the carriage of goods by road, by the Order of The Ministry of Public Works and Transport of 29 November 1991, which was subsequently amended, as regards the setting up of the corresponding guarantees concerning the authorisations, by the fourth additional provision of the Order of Ministry of Public Works and Transport of 27 March 1992.
The implementation of the measures that in the field of intervention and management are contained in the "Program of Measures for the Transport of Goods by Carretera>," reported favorably by the Commission Delegate The Government for Economic Affairs at its meeting of 30 July 1992 requires the introduction of certain amendments to the legal system set out in that order of 29 November 1991, which are intended, on the one hand, to provide for a greater flexibility in the system of validity of authorisations, by increasing the period in which they may be to be suspended at the will of the carrier without the loss of the carrier and, on the other hand, to facilitate the visa of the carrier, concentrating on a single act the company's visas and existing authorizations, establishing their periodicity every two years, and as far as possible, simplifying the actions to be carried out by the carrier.
Since these modifications affect the basic ends of the current regime, it has been considered appropriate to dictate a new provision that will develop the regulation in the field of transport authorizations Road freight in a complete and unitary way, so that it can be counted on a single standard which facilitates full knowledge of the current regime, rather than having to go to the study of various provisions dispersed and successively modified.
In its virtue, in the use of the authorization granted by the 11th additional provision of the Regulation of the Law of Land Transport and heard the representative associations of the carriers, I have:
CHAPTER FIRST
Common provisions for public discretionary public transport and supplementary private transport authorizations for goods
Article 1. Compulsory authorization.-In order to carry out occasional public transport of goods by road, as well as for the complementary private transport of goods, it is necessary to obtain prior authorisation by the persons intending to carry out carry them out of the corresponding administrative authority that you enable for your benefit.
Art. 2. Exceptions to the requirement of authorization:
1. The administrative authorisation required in the previous Article shall not be necessary for the following transport:
(a) complementary public or private transport carried out on vehicles up to and including maximum authorised weight of up to 2 Tm.
(b) Supplementary public or private transport carried out on a discontinuous basis in light vehicles, leased in accordance with the provisions of Chapter IV of Title V of the Regulation of the Law on the Management of Land Transport (hereinafter 'ROTT'), for a period not exceeding one month, provided that the vehicle is equipped with the necessary lease authorization, which shall, in addition and in this case, have the effects of the authorization of the transport referred to the lessee when he is accompanied on board the vehicle of the vehicle concerned lease agreement.
The use by carriers of vehicles leased for public transport shall be, where such vehicles exceed the limits provided for in paragraph (a), within a radius of 100 (i) a straight line, counted from the location of the lease contract. Such vehicles must be identified by the flags corresponding to public transport with local radio.
When such leased vehicles are used for the realization of complementary private transports, they must be identified by the flags corresponding to this mode of transport with radio action national.
(c) Supplementary public or private transport which is carried out in full in closed enclosures engaged in activities other than land transport, except in cases where special circumstances of The General Directorate of Land Transport, by means of a reasoned resolution and a report of the National Committee on Road Transport, expressly establishes the obligation of authorization.
(d) Official transport.
2. Vehicles permanently attached to machinery or instruments such as those intended for generators, lifting cranes, survey equipment, etc., constituting such machines or instruments, the exclusive use of the vehicle, not need to be covered by a class transport authorisation, without prejudice to those which, where appropriate, come in accordance with the provisions of the Circulation Code on the basis of the weight or dimensions of the vehicle concerned.
Art. 3. Vehicles affected by the authorisations:
1. Authorizations for the completion of supplementary public and private transport shall enable the transport to be carried out with a particular vehicle, the identification of which must appear in those vehicles.
Except in the case provided for in the following Article, the authorisations shall be automatically cancelled when they cease to be related to a particular vehicle.
2. The vehicles to which the authorisations are to be referred shall in any event comply with the following requirements:
a) Having self-traction capability.
b) Being enrolled and enabled to circulate. To this end, only vehicles which are temporarily covered by the special permits and plates referred to in Article 243 of the Circulation Code may be considered to comply with this requirement, where the corresponding technical inspection of vehicles and obtained the appropriate certificate.
c) The last periodic technical inspection that is legally applicable to them.
Art. 4. Provisional suspension of authorisations:
1. The carriers may request from the competent authority the provisional suspension of the authorisations for which they are the holders when, for any reason of their interest, they have to temporarily cease in the performance of the activity of approved transport with the vehicles attached to them.
The competent body shall, without further processing, declare the authorization suspended, making the appropriate entry in the General Register of Carriers and Companies of Auxiliary Activities and Complementary to the Transport and proceeding to remove the card in which it was documented.
2. The maximum time allowed for authorisations to be suspended shall be five years from the date on which the suspension was declared, but this time limit may be extended for a further five years at the request of the carrier. that the time limit for the suspension has expired.
After these deadlines without the carrier having resumed the effective exercise of the authorized transport, the Administration will proceed to the final cancellation of the authorization.
Transportation authorizations will not be required for as long as they are suspended, as provided for in this article.
3. The competent authority shall lift the suspension of the authorisations at the request of the holder, provided that the same documentation is accompanied by the same documentation as, in accordance with the provisions of this Order, which would be required for the originating the authorisation in question and the authorisation must continue to be attached to the same vehicle to which it was at the time of being suspended or attached to another vehicle which meets the requirements for the replacement of vehicles.
Art. 5. Address of the authorities:
1. The authorisations provided for in this Order must be domiciled in the place where the holder has his registered office or a permanent or temporary working centre, as provided for in Article 111.2 of the ROTT.
2. The change of domicile originally assigned to the authorization shall be conditional on the fact that it is justified by the competent authority on the grounds of the place where the new location is intended, that the conditions laid down in the the previous paragraph in relation to that place.
Art. 6. Scope of the authorisations. -In accordance with Article 1111.1 of the ROTT, public transport authorisations for goods may be, in relation to the territorial scope for which they enable, national and local.
The authorisations of complementary private transport of goods shall have a national territorial scope, as determined in Article 158.2 of the ROTT.
Art. 7. Competition for the granting of authorizations.-The granting of authorizations for public and private transport of goods shall be carried out by the competent body for the reason of the place in which the persons shall be domiciled, in accordance with the provisions of Chapters II and III of this Order, and shall be documented through the issue of the relevant transport cards, in accordance with the provisions of Chapter IV.
Art. 8. Validity of the authorizations:
1. Authorisations for public transport and supplementary private transport shall be granted without a fixed period of time, but their validity shall be conditional on the periodic verification of the subsistence of the conditions which they originally set out. they justified their granting and those others which, not yet originally required, are required to be complied with. This verification shall be carried out by means of a visa.
This visa shall be carried out biennially by the competent authority on the basis of the address of the transport authorities, as provided for in this Order and in accordance with the timetable determined by the Directorate-General for Land Transport or, in accordance with the provisions laid down by the latter, by the Autonomous Communities which, by delegation of the State, are to carry out.
3. Regardless of the periodic visa requirement set out in the preceding number, the Administration may at all times verify the proper fulfilment of the conditions which originally justified the granting of the authorisations or which constitute requirements for their validity, seeking to that effect from the holder the supporting documentation which it considers relevant.
CHAPTER II
Regime of public transport authorizations for goods
Art. 9. General requirements for the granting of authorizations. -For the granting of authorizations for the discretionary public transport of goods it will be necessary to prove, in any case, and regardless of its territorial scope and the the characteristics of the vehicles to which they are referred, the fulfilment of the following requirements:
(a) To be a natural person, not being able to grant the securities jointly to more than one person or to the communities of goods, or legal person, in which case the form of a mercantile society, a limited company of work or associated worker cooperative.
b) to have Spanish nationality, or that of a 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 met.
c) Fulfill the tax obligations established by the legislation in force.
d) Meet the labour and social obligations required by the relevant legislation.
Art. 10. Means of disposal of vehicles:
1. Public transport authorisations shall refer to vehicles with which the holder of the public transport authority has the following titles:
a) Property or usufruct.
b) Financial lease or
(c) Common lease under the conditions set out in Section 1. Chapter IV of Title V of the ROTT (Articles 174 to 179) and the rules laid down for its development.
2. The Directorate-General for Land Transport may authorise other specific forms of provision of vehicles to be attached to the authorisations, provided that the full availability of the vehicle is ensured by the holder of the vehicle. authorization and this is so documented.
Art. 11. Granting of local authority for light vehicles. -How many new local public transport authorisations for light vehicles will be requested, provided that the applicant meets the requirements set out in the Article 9. and that the vehicles to which such authorisations are to be referred to meet the conditions laid down in Article 3. and do not have an initial age of more than six years, counted from their first registration.
Art. 12. Granting of national level authorisations for light vehicles. -As many new national public transport authorisations for light vehicles will be granted, provided the following requirements are met:
(a) Irrespective of those laid down in Article 9., the applicant shall comply with one of the following conditions:
Fulfilling the requirement of professional training for the exercise of the activity of public transport, as provided for in the first chapter of Title II of the ROTT (Articles 33 to 40) and its rules of development.
To be previously the holder of other national public transport authorizations for light vehicles.
To be previously holder of lower-than-national-level authorizations for light vehicles over four years old. In this case, in the case of authorisations for which commercial or labour companies or associated worker cooperatives are holders, by way of transmission in their favour to their partners or co-operators, the age corresponding to the the company or cooperative as the former of the partner or cooperativist who at the time provided the authorization, provided that the same continues to belong to the society or cooperative.
(b) The vehicles to which the authorisations must relate must comply with the requirements laid down in Article 3., 2, and may not be more than two years old from their first registration, unless the three conditions set out below are jointly expressed, in which case their seniority may be up to six years:
In the case of vehicles that were previously referred to as a public transport authorisation lower than the national for light vehicle of the same holder, the waiver of the same shall be produced.
That the authorization at national level be requested within a maximum of one year from the time the applicant is entitled to grant the same to meet any of the conditions specifically provided for in the paragraph (a).
That the lower-level authority than the national to which the vehicle is to be waived and the corresponding vehicle shall be held prior to the time when the condition referred to in the above condition is met.
Art. 13. Granting of local authority for heavy goods vehicles. -As many new local public transport authorisations for heavy vehicles will be granted, subject to the following requirements:
(a) Together with those laid down in Article 9., the applicant shall fulfil the conditions of professional training, economic capacity and good repute, in accordance with the provisions of Chapter 1 of Title II of the ROTT (Articles 33 to 40) and its implementing rules.
(b) The vehicles to which the authorisations must relate must comply with the requirements laid down in Article 3 (2) and shall not be more than six years old, counted from their first registration.
Art. 14. Granting of national scope authorisations for heavy goods vehicles:
1. In order to qualify for new national public transport authorisations for heavy goods vehicles, compliance with the following requirements shall be required:
(a) Together with those set out in Article 9., the applicant shall meet the requirements of professional training, economic capacity and good repute, as provided for in Chapter 1 of Title II of the ROTT (Articles 33 to 40) and in its implementing rules.
(b) The vehicles to which the authorisations must be referred shall comply with the requirements laid down in Article 3 (2) and shall not be more than two years old, from their first registration. However, this age shall be extended to six years when the authorisations are attached to vehicles to which a public transport authorisation of a lower level than the national for heavy goods vehicles or of the national legislation is concerned. TD class of the same holder, granted at least two years before the application of the national scope is made and the waiver of the same.
2. In accordance with the provisions of Article 115.1 of the ROTT, the granting of new national public transport authorisations for heavy goods vehicles shall be subject to quotas or quotas which are of a unitary nature for the entire State. determine each year the General Directorate of Land Transport as set out in the following Article.
Art. 15. Determining the quota of new authorizations:
(POINT 1 IGNORED)
2. Where the number of authorisations obtained in accordance with the formula laid down shall be less than 50 in a given period, no quota shall be allocated in that period.
3. The determination of the quota of new authorisations for each year shall be carried out by the Directorate-General for Land Transport as soon as the data necessary for the implementation of the formulae laid down in this Regulation are known. the points above. The Directorate-General shall also fix the dates and time-limits for the submission of the corresponding applications in accordance with the provisions of this Order.
Art. 16. Applications for national authorisations for heavy goods vehicles. The submission of applications for the allocation of quotas or quotas for national public transport authorisations for heavy goods vehicles is perform according to the following rules:
(a) Applications may be submitted by all persons meeting the requirements referred to in Article 14.1 (a), provided that in the last two years, they have been counted from the date of completion of the deadline for submission of applications, the number of national public transport authorisations for heavy goods vehicles which were the holders of the licence has not decreased.
(b) Applications shall be addressed to the Directorate-General for Land Transport, accompanied by the proof of the lodging of a cash bond, securities of the public debt or securities treated as such in the General Fund of Deposits or in their provincial offices, or of a legally recognized bank or entity guarantee, at the disposal of that Directorate-General, by the amount of 500,000 pesetas for each authorization requested, with a minimum period of duration of one year, proceeding with its return when the grant or refusal occurs of the application.
Art. 17. Allocation of quota for new authorisations:
1. The distribution between the applicants for the quota or annual quota for national public transport authorisations for heavy goods vehicles shall be carried out in accordance with the following criteria:
1. If the authorisations applied for do not exceed those laid down in the relevant quota, they shall be awarded directly to the applicants.
2. If, on the other hand, the number of requested authorisations exceeded the corresponding quota, the award shall be made in accordance with the following rules:
(a) The number of options corresponding to them, as provided for in paragraph (b) below, shall be granted to applicants who meet one of the following requirements:
a.1) Be holders of at least one national public transport authorisation for a heavy vehicle, provided that from the date on which the previous quota was approved the applicant would have increased the number of authorizations of this class to be a holder.
(2) are legal persons as provided for in Article 9 (a), which have been constituted from the date on which the previous quota was approved and which are the holders, by transmission of their partners or (a) a cooperative, of six or more public transport authorisations for heavy goods vehicles which comply with all the requirements laid down in Article 3. and the grant of which is subject to quantitative limitation.
(b) The applicants referred to in the preceding paragraph shall be assigned the following number of options:
To those included in the assumption. (1), it will be up to them one option for each two authorizations, or fraction of two, in which they would have increased the park of their company.
For those included in the case (2), they will have one option for each of the three authorisations that would have been passed on to them by their partners or co-operators.
(c) If the number of authorisations for the corresponding quota is equal to or greater than the number of options obtained as provided for in paragraph (b) above, an authorisation shall be attributed for each option.
(d) If the number of authorisations for the annual quota is lower than the number of options obtained under paragraph (b) above, the total of the authorisations shall be allocated by lot, in which each of the applicants provided for in This item will be involved with the options that have been given to you.
e) In the application of the above rules, it shall be taken into account that the number of authorisations corresponding to each applicant shall not be higher than those requested.
3. If, following the application of the above criteria, there are surplus authorisations, the award shall be made as follows:
a) Each company that has applied for authorizations will be attributed a number of options according to the following rules:
Applicants who have zero to five public transport authorisations for heavy goods vehicles of any scope will have an option.
Applicants who hold more than five public transport authorisations for heavy goods vehicles of any scope shall have one option for each group of five authorisations or fraction of which they are holders.
For the purposes of determining the number of options that correspond to each applicant, the authorisations of the TD class and the authorisations for special vehicles, which have been obtained outside the (a) the quota, except in respect of the latter, which formalizes the applicant's commitment to give up as many authorisations of the said type and the same scope, provided that this is possible, as new general cargo authorizations obtain in the distribution of the quota.
The authorisations to be taken into account to determine the number of options concerned, will be those that have been granted until the date of the start of the deadline for submitting applications, (a) definitive as provisional, provided that, in respect of the latter, a certified photocopy of the relevant cards is accompanied by a copy of the documents in which they are documented.
(b) If the number of authorizations to be awarded exceeds the number of options obtained as provided for in paragraph (a) above, an authorisation shall be attributed for each option and the remainder shall be awarded by drawing between the all options.
(c) If the number of authorisations provided for which resulted in excess of those laid down in the quota is lower than the number of options obtained as provided for in paragraph (a), the total authorisations shall be attributed to: drawing, in which each applicant shall participate with the options which have been given to it.
d) In the application of the above rules, it will be taken into account that the number of authorizations corresponding to each applicant will not be greater than the number of authorizations that he would have requested.
2. The drawings provided for in this Article shall be held on the first working day following the day on which the 90 calendar day period, counted from the date indicated as the limit for the submission of applications, is met.
3. The petitioners who have been favored in the draw shall be required to submit the documentation provided for in the following Article within the maximum period of six months from the date of notification. they shall lose the right to the authorisation or authorisations awarded and their respective sureties.
Art. 18. Documentation of the application for authorizations by whom it is not the holder of other authorizations in force. -For the obtaining of public transport authorizations for those who do not hold other authorizations in force of such class, it will be necessary the presentation of the corresponding official standard application form, which shall be provided at the receiving office of the competent body, to be accompanied by the original or certified photocopy of the following documentation:
(a) National identity document in force of the applicant or, where he is foreign, identification document that has equivalent effects in his/her origin, or the passport, as well as, in any case, accreditation of be in possession of the corresponding tax identification number.
When the applicant is a legal person, he/she must present the corresponding constitution document and his/her tax identification card, and credit his/her registration in the Commercial Register or, if applicable, in the Register that corresponds.
(b) Certificate of professional training for the activity of inland transport of goods, issued in favour of the applicant, in cases where such a requirement is due in accordance with the provisions of this Order.
When the applicant is a legal person or a natural person does not meet the requirement of professional training by itself, the training certificate of at least one of the persons performing the address The following documents shall be accompanied by the following documents:
Public document or registration certificate stating that such person has general powers to represent the company in the operations of its ordinary traffic, by itself or jointly with others.
Public document, certificate of registration or certification of the corresponding banking entity in which it is established that the person has the power of disposal of funds for the own operations of the ordinary traffic of the company in its main bank accounts, either by itself or in conjunction with other persons, provided that, in the latter case, its signature is in any case necessary for the provision of funds.
Credit documentation that the person is discharged from the Social Security as a management company, or that he/she owns at least 15 per 100 of the company's capital. Such accreditation shall not be required where the applicant is a natural person and the effective management of the undertaking is on his or her spouse. Where the applicant is a legal person and justifies that 50 per 100 or more of his/her capital is the ownership of a different undertaking, it is sufficient to establish that the person performing the effective address fulfils this requirement in that person. company.
(c) The applicant's responsible declaration of not being in any of the circumstances whose concurrence, as provided for in Article 37 of the ROTT, entails the loss of the requirement of good repute, in cases compliance with that requirement is enforceable in accordance with the provisions of this Order.
However, when the competent administrative body has doubts about the veracity of such a declaration, it may require the filing of a certificate of inexistence, or in its case cancellation, of a criminal record that bear the loss of the requirement of good repute, issued by the General Register of Penados and Rebels in favour of the applicant.
When the applicant is a legal person, the documentation provided for in this paragraph shall be presented in relation to each person who effectively and permanently run the company, in compliance with the provided for in Article 42.3 of the Land Transport Management Act (hereinafter 'LOT').
(d) Documentation of the economic capacity of the undertaking provided for in Article 40 of the ROTT, in cases where compliance with that requirement is enforceable in accordance with the provisions of this Order, Following clarifications:
When the applicant is a natural person, the corresponding declaration or document of income of the Tax on the Heritage whose statutory period of filing would have expired during the twelve months shall be presented. immediately prior to the date of application.
Only when the applicant is exempt from the application of that tax, may he replace the said documentation with any of the following documents:
Certification issued by a legally recognized financial institution, accredited to the sufficiency of its economic capacity.
Certification issued by the National Committee for Road Transport or by one of the associations represented in it, which also proves its economic capacity.
Certification issued by the corresponding Chamber of Commerce, Industry and Navigation, accrediting of the sufficiency of its economic capacity.
Statement responsible for fulfilling the requirement, which shall be accompanied, in any case, by other accounting, commercial or financial documents supporting available assets, including properties, which the company may to use as collateral, and to justify such a declaration.
When the applicant is a legal person, he/she must present one of the following documents:
The company's corresponding inventory and annual accounts book.
A copy of the balance sheet of the last financial year collected in that book.
Certification issued by the Secretary of the Board of Directors or equivalent body of the company, accrediting the contents of the notes relating to the social capital and reserves included in the aforementioned balance sheet last financial year.
Exceptionally, where the documentation provided for in the preceding paragraphs does not strictly result in the adequacy of the company's economic capacity, the competent administrative body may consider that the a requirement if the same is accompanied by other accounting, commercial or financial documents which in his judgment prove sufficiently such compliance.
e) Justicizer of having made a statement of the Income Tax of the Physical Persons or of the Tax on Societies and Tax on the Value Added, whose statutory deadlines for filing have expired during the 12 months immediately prior to the date of the application, unless legally required to do so.
The documentation provided for in this paragraph must, in any case, be duly sealed or completed 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.
f) Justicizer of the high level affiliation of the applicant company in the corresponding Social Security regime.
g) Justifying that the applicant is aware of the payment of the Economic Activities Tax, unless he is legally not yet obliged to make such payment, in which case it is sufficient to justify his registration in the tax.
(h) The driving licence of the vehicle to which the authorisation is to be referred to, on behalf of the applicant.
Where, as provided for in Article 10.1 (c), the vehicle to which the authorisation is to be referred to is leased, the right of movement of the vehicle shall be submitted in the name of the leasing company, accompanied by the a contract for the lease, or a pre-contract or a similar document, in which the applicant for the transport authorisation and the leasing company undertake to carry out the lease and in which his/her term of office is to be entered duration, identification of the leasing company and the data of the vehicle and of the vehicle lease authorisation referred to therein.
(i) The technical inspection document of the vehicle in which the periodic legal recognition is established or, failing that, a certification certificate to that effect.
j) Justification of having constituted the corresponding security in the terms provided for in Article 21, or, if applicable, a certificate issued in advance of more than one month by the corresponding association or federation, be included in the collective bond constituted by it in the terms previ
as referred to in Article 22.
Art. 19. Documentation of the application for successive authorization. -For the purpose of obtaining successive public transport authorizations to be requested by the holder of other authorizations in force of that class, the application form shall be be accompanied only by the documentation provided for in paragraphs (g), (h), (i) and (j) of the previous Article. However, in the event that the documents referred to in paragraphs (b), (c) and (d) of that Article have not been submitted to the competent authority for obtaining the previous authorisations, their presentation shall now be required. In order to obtain the new authorisation requested, the documents shall also be accompanied by such documents.
Art. 20. Granting of the authorisations.-The application before the competent authority shall be carried out, after examination of the file and found that the required conditions are met, to the granting of the authorization, which will be documented according to the provided for in Articles 45 and 46 of this Order.
As long as the above mentioned finding is made, the competent body shall proceed, provided that the documentation referred to in the above articles is accompanied and the non-compliance with any of the requirements is not recorded or observed. (a) to extend a provisional authorisation which shall be authorised for a maximum period of six months if it is not revoked, in order to dedicate the vehicle entered in the same to the exercise of the transport activity as requested. Such authorisation may be renewed where there are grounds for such authorisation.
Art. 21. System of individual bonds:
1. In accordance with Articles 51 and 112 of the ROTT, undertakings to which public transport authorisations are granted shall be required to provide a guarantee of 500 000 pesetas for each authorization as a guarantee of compliance with the responsibilities and obligations arising from them, which will be affected by the payment of the economic 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 shall be liable, up to the total amount of its amount, for the payment of the penalties not satisfied and imposed by the Commission of the infringements attributable to the carrier, even if they do not provide a specific and direct relationship to any of the authorisations for which the carrier is a holder.
2. The constitution of the security must be credited in advance to the delivery of the authorization, and will be made available indistinct from the Directorate General of the Land Transport of the Ministry of Public Works and the Transports, and of the Directorates General Transport of the Autonomous Communities which have thin powers in relation to the obligations to which it is responsible, either by means of cash income, securities of public debt or securities treated as such in the General Deposit Box or its branches or, where appropriate, the equivalent organ of the Autonomous Community in which the undertaking has its legal domicile for tax purposes if it has jurisdiction over the authorisations by delegation of the State, either by means of a financial institution or a legally recognised guarantee.
3. Where the undertaking has failed to fulfil its obligations under the relevant public transport authorisation or because of the non-payment of the financial penalties imposed by a final decision on the administrative basis for infringements of the transport legislation, the use of the security shall be made, the holder of the authorization shall replenish the amount deducted within 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.
4. The bonds shall be returned to the company which constituted them when they are no longer the holder of the authorizations to which they are referred, or because they have included the same in a collective bond, as authorized by the Administration.
Art. 22. -the formation of collective bonds.-According to Article 51 of the ROTT, the associations or professional associations of legally constituted carriers may establish collective bonds in favour of those of their members who expressly determine, leaving the same exonerates as constituting the individual bail in the terms provided for in the previous article.
Such a collective bond shall be established in accordance with the provisions of the previous article for individual bonds.
Art. 23. Low and high in collective bonds:
1. Where the relevant association or professional association of carriers informs the Director-General of Land Transport or, where appropriate, the Director-General of Transport of the relevant Autonomous Community, the absence of any undertaking in the group to which the collective bond is referred to, that undertaking must, within 60 days, constitute the mandatory bail in the individual mode, and the corresponding authorization shall be deemed to be annulled if not.
The communication of the discharge notified by the association or federation, shall be made in writing, by registered mail with acknowledgement of receipt, addressed to the Director General of the Terretre Transport, or if necessary, to the Director General of Transport of the corresponding Autonomous Community, which in turn will inform the undertaking concerned, and shall, as from the date of receipt of the notification, provide for the exclusion, for all the purposes, of the undertaking to which it relates, corresponding collective bond.
The calculation of the period of sixty days provided for the constitution of the individual bond will begin to be counted from the notification, made by the Directorate General of Land Transport or, if necessary, by the Directorate General of Transport of the corresponding Autonomous Community, to the company that would have caused low in the association or federation of the obligation to constitute the individual bond.
2. The notification to the Director-General of Land Transport or, where appropriate, to the Director-General of Transport of the relevant Autonomous Community, by registered mail with acknowledgement of receipt by the relevant association or Professional federation of haute hauliers of a new company in the collective bond which the company has established, shall, from the date of notification, the inclusion to all the effects of such undertaking in such collective bond.
Art. 24. Amounts of collective bonds.-The amounts of collective bonds constituting the professional associations or associations of hauliers shall be reduced in relation to the sum of the amounts of the individual bonds to which replace, in the following percentages:
To the collective bond that will replace from 4,500 to 6,000 individual bonds, it will be up to a reduction of 65 per 100.
To the collective bond that will replace from 6,001 to 7,500 individual bonds, it will correspond to a reduction of 75 per 100.
To the collective bond that will replace more than 7,500 individual bonds, it will be up to a reduction of 85 per 100.
Collective bonds that replace less than 4,500 individual bonds will not give rise to any reduction.
When a company is engaged in the collective bail scheme, it must do so for all the public transport authorisations of goods it has, as well as for those which it requests later.
Art. 25. Execution of the collective bond.-Collective bonds shall be liable to the limit set out in Article 21 for individual securities, for failure to comply with the obligations and responsibilities of each of the authorizations (a) to the extent to which the Commission has taken the necessary measures to ensure that the conditions laid down in Article 1 (1) of Regulation (EEC) no. the rules governing the management of transport.
When a company's failure to comply with such obligations should be made use of the collective bond, the corresponding association or business federation of hauliers must replenish the amount deducted from the company before the the date on which the periodic justification for the adequacy of the amount of the collective bond to the Directorate-General for Land Transport or, where applicable, the Directorate-General for Transport of the relevant Community is appropriate. Autonomous, in accordance with the provisions of the following article.
Art. 26. 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 associations of undertakings of carriers which have established collective agreements must forward to that Directorate- General or, where appropriate, the Directorate-General for Transport of the corresponding Autonomous Community, the relationship of the undertakings which have caused high or low in the collective bond, with the expression of the authorizations concerned, as well as justify (i) the adequacy of such a bond to the forecasts contained in the previous articles.
Where circumstances advise more frequent control of the adequacy of the amount of these bonds, the Directorate-General for Land Transport may, in general, determine that the reference justification is (i) do so by the associations or federations quarterly.
2. If the examination of the documentation provided shows that the amount of the collective bond is lower than that provided for in Article 24, the Directorate-General for Land Transport or, where appropriate, the Directorate-General for the General of Transport of the corresponding Autonomous Community where they have been constituted, shall notify the relevant association or federation and if it does not justify complete documentation within 60 days of such notification, have raised the amount to which it corresponds, the deposit shall be returned (a) a collective undertaking, each associated undertaking being obliged to constitute individual security in accordance with the terms laid down in Article 21 within 60 days of such obligation being communicated to them by the Directorate-General for Land Transport or, their case, by the Directorate-General for Transport of the relevant Autonomous Community.
Art. 27. Visa for authorisations domiciled in the Autonomous Community or territory in which the Company has its registered office:
1. For the purposes of the approval of all public transport authorizations for which the undertaking located in the Autonomous Community or the territory in which it has its registered office is to be held, it shall be necessary to provide the next documentation:
A) In a unitary manner in relation to the set of authorisations, as provided for in Article 18 (e), (f) and (g), in any case.
In addition, where the holder of the authorisations is a legal person, the documentation provided for in paragraph (b) of that Article shall be provided, where the latter has been required for the granting of any of the such authorisations.
B) For each of the authorizations, a photocopy of the card in which the authorization is documented.
However, the competent body may also require the filing of any other of the documents referred to in Article 18, whether in relation to all or any of the authorisations that the undertaking is a holder, where it considers it appropriate to verify the proper compliance with the requirements laid down by those documents.
2. 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 this purpose shall constitute a minor infringement within the meaning of Article 199 (n) of the ROTT. After one year after the end of the period without the application of the visa or the entire documentation referred to in paragraph (A) of the preceding number, they shall be deemed to have expired without the need for a visa. In the case of the Commission, the Commission has taken the view that the Commission has not been satisfied with the Commission's decision. If only the documentation provided for in Article 18 (b) has been discontinued, where it shall be required in accordance with the preceding number, the expiry shall be exclusively in respect of those documents. authorizations for which the grant was originally required.
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 pecuniary penalties imposed by final decision on administrative routes for infringements of the transport legislation will be a necessary requirement for the visa of the authorizations to be carried out the relationship with which the relevant infringements have made their headlines.
3. Once the approval of each authorization has been carried out, the competent authority shall document it on a new card in accordance with the terms of Article 47.
4. For the purposes referred to in the following Article, the competent authority shall issue to the undertaking, upon request, a certificate certifying that it has submitted the documentation referred to in paragraph (A) of No 1 and of the the adequacy of the same, which shall be in accordance with the model to be determined by the Directorate-General for Land Transport.
Art. 28. Visa for authorisations domiciled in an Autonomous Community or territory other than that in which the undertaking has its registered office:
1. For the purpose of carrying out the visa of public transport authorisations that the undertaking is a holder who is domiciled in an Autonomous Community or territory other than that in which the undertaking has its registered office, it shall be necessary provide the following documentation:
(A) In a unitary manner in relation to the set of authorisations, as provided for in Article 18 (g) and the original or a certified photocopy of the certificate referred to in the previous Article 4 (4).
In addition, where the holder of the authorizations is a legal person, the documentation provided for in Article 18 (b) must be provided when the authorization holder has been required to grant any of these authorisations, unless such documentation has been submitted on the occasion of the visa referred to in the previous Article and thus consists of the certificate.
B) In relation to each of the authorizations to be seen, a photocopy of the card in which the authorization is documented.
However, the competent body may also require the submission of the documents referred to in paragraphs (h), (i) and (j) of Article 18 in relation to any of the authorisations for the undertaking to be the holder when consider it appropriate to verify the proper compliance with the requirements set out in those documents.
2. The rules contained in numbers 2 and 3 of the previous article shall apply in relation to this visa.
Art. 29. 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 requested by providing the documentation that the competent organ considers In sufficient form, the concurrence of such circumstances may be, after report of the National Committee for Road Transport, which may be replaced by the equivalent organ of the Autonomous Community, where the latter exists, grant the rehabilitation of expired authorisations for lack of visa, provided that more than six years have elapsed since the end of the period in which they should be visaged.
Art. 30. Transmission of national authorisations for heavy goods vehicles:
1. In accordance with Article 118 of the ROTT, national public transport authorisations for heavy goods vehicles may be transmitted to other holders provided that the Administration so permits, making the corresponding subjective novation of the same in favour of the acquirers. Such subjective novation shall be conditional on the acquirers meeting the requirements of Article 14.1 (a) of this Order and so justify by the presentation of the documentation which, if appropriate, corresponds to in accordance with Articles 18 and 19.
2. The vehicles to which the authorisations transmitted may be referred may be the same as those referred to above where the acquirer of such authorisations, in turn, acquired the provision on such vehicles in accordance with any of the the modalities provided for in Article 10, or other different forms provided by the new holder, provided that the requirements for the replacement of vehicles in Article 34 are met.
3. Undertakings which have obtained new authorisations at national level for heavy goods vehicles in accordance with the specific granting procedure provided for in Article 17 may not transmit them, or any other national or regional authority for such vehicles. Heavy goods vehicles which have already been previously owned, up to two years after the date of granting of the new authorisations awarded in accordance with the procedure indicated, except in the case of the subjective novation of the authorisations in favour of the forced heirs of the holder and the joint transmission of all the authorisations for the transfer to a single acquirer.
In the event of any contractual relationship involving non-compliance with the above provisions, prior to the processing of the corresponding sanctioning procedure, it shall be carried out, without prejudice to the imposition of the (a) a financial penalty to be applied for the annulment of the authorisations to which the said relationship relates, and an equal number of authorisations in the same field, or twice the immediate lower level, of which the transmission holder, in which case it shall be cancelled which at that time is They will find higher-age vehicles.
Companies so sanctioned will not be eligible to grant authorisations from new quotas until five years.
4. The competent authority shall not authorise the transmission of the authorisations where it has official knowledge that the authorisation has been carried out by the competent judicial or administrative body for that purpose.
Art. 31. Transmission of other authorisations. -Public transport authorisations of any scope for light and local vehicles for heavy goods vehicles may be transmitted when the following two requirements are met together:
(a) that the acquirer complies with the personal requirements required for the original granting of the authorisations concerned and so justifies by the presentation of the documentation which, if appropriate, corresponds to in accordance with Articles 18 and 19.
(b) Subjective novation is requested in respect of all the authorisations for which the transfer is a holder and continue to relate to the same vehicles on which the acquirer shall, in turn, have acquired any of the forms of provision laid down in Article 10, or are referred to different vehicles provided by the new holder, provided that the requirements for the replacement of vehicles in Article 34 are met.
It will be applicable in relation to the transmission of these authorizations as provided for in the previous article number 4.
Art. 32. Special arrangements for the transmission of authorizations or forced heirs. Notwithstanding the provisions of the preceding articles, where the death of the holder of the authorisations occurs, even if the requirement is not met (a) Article 9 (a), the subjective novation of the same in favour of his heirs, together and for a maximum period of two years. After that period, or before the time of the hereditary award, the requirement shall be met, where otherwise the revocation of such authorisations shall be made.
When the effective management of the company and the fulfilment of the professional training requirement are personally recused in the individual entrepreneur, holder of the corresponding authorizations, the novation may be performed the subjective nature of such authorizations in favor of their forced heirs, even if they do not satisfy the requirement of professional training in the cases of death, retirement by age or physical or legal incapacity of the holder, being conditioned by the validity of the authorisations to which the abovementioned acquirers obtain the said a requirement for professional training within a maximum of one year. Otherwise, the Administration shall revoke the authorisations.
The competent authority may extend the validity of the authorisations for a further maximum of six months when, for duly justified extraordinary reasons, it has not been possible to comply with the professional training within the time limit provided for in the preceding paragraph.
Art. 33. Subordination of the transmission to the payment of penalties. -In any case, the payment of the pecuniary penalties imposed by definitive decision on administrative way for infringements of the transport legislation will be necessary for the the competent body considers the origin of the transmission of the authorisations in respect of which the relevant infringements have made their headlines.
Art. 34. Replacement of vehicles affected by authorisations:
1. Vehicles referred to in the public transport authorisations for goods may be replaced by others where the competent authority so authorises by reference to the relevant authorisation for the new vehicle. Such substitution shall be subject to compliance with the following requirements:
(a) The replacement vehicle shall meet the requirements laid down in Articles 3. and 10 and shall not exceed the maximum age required for the granting of the authorization in question or, if not, shall be of no more than that of the date of the replacement, and such extremes must be justified by means of the presentation of the documents referred to in Article 18 (h) and (i).
(b) Special vehicles for which the appropriate off-quota authorisation has been obtained, as provided for in the rules at present, may only be replaced by special vehicles of the same type.
(c) Light vehicles may only be replaced by other light vehicles.
(d) The disconnection of the replaced vehicle with respect to the authorisation and the reference to the replacement vehicle must be simultaneous, unless the replacement application is accompanied by the suspension of the replacement vehicle. authorisation as provided for in Article 4.
2. By way of derogation from paragraph (a) above, the rules relating to the maximum age of the replacement vehicle shall not apply where the replacement vehicle is a vehicle leased by the holder of the authorisation in accordance with the provisions of the provided for in Article 10 (c).
Where a vehicle leased by another vehicle is replaced, the latter may not exceed the maximum age of eight years.
3. The provisions of the preceding numbers shall not apply in cases of temporary replacement, for a period not exceeding two months, of the heavy vehicle to which the authorization referred to is broken by another leased in the the conditions laid down in the first section of Chapter IV of Title V of the ROTT (Articles 174 to 179) and in its implementing rules. In such cases, in order to be able to transport the leased vehicle, the following documentation shall be carried on board:
(a) Original of the transport authorisation for the damaged vehicle and of the vehicle's driving licence.
(b) Certificate of the workshop in which the damaged vehicle is repaired in which the estimated duration of the repair is expressed.
(c) Justicizer issued in a standard model of having brought to the attention of the Administration the corresponding breakdown, presenting the certificate of the workshop and making the data of the vehicle broken down and the data of the vehicle Substitute leased. Such supporting evidence, which shall be immediately extended, shall be valid for a maximum of two months from the date of issue. Where the time limit is insufficient for the repair of the vehicle, the administration may request the renewal of the supporting document, in accordance with the same requirements as those laid down for its original grant.
Vehicles leased for the purposes provided for in this Article shall meet the same requirements as provisionally substituted.
Art. 35. Modification of the characteristics of the vehicles concerned with the authorisations. -Where modifications are made to the characteristics of the vehicle to which a public transport authorisation of goods affecting its weight is concerned maximum authorised or carrying capacity, it shall be necessary to request the competent authority for the granting of such authorisation to confirm that the validity of the authorisation remains in force by modifying the data expressed on the card in which it is documented, in accordance with Article 47, in order to bring them into line with the variation in the vehicle. Such confirmation shall in any event be subject to the condition that the modification of the characteristics of the vehicle has been authorized by the competent bodies in the field of industry and traffic, which shall be justified by the presentation of the of the documents referred to in Article 18 (h) and (i).
In no case may an increase in the maximum authorised weight or the load capacity involving the processing of a light vehicle be allowed to be increased, in the case of the cancellation of the authorisation by the Member State concerned. of the competent body.
CHAPTER III
Merchandise supplementary private transport authorizations scheme
Art. 36. Requirements for the granting of authorizations. -For the granting of authorizations for the complementary private transportation of goods, the following requirements will be necessary:
(a) Justification of the need to carry out the transport for which the authorization is requested in accordance with the nature and volume of the activity of the undertaking concerned, and may be the competent body, depending on the data obtained, limit the maximum authorised weight or the carrying capacity of the relevant vehicles for which the authorisation is granted.
(b) The vehicles to which the authorisations have to be referred shall comply with the requirements laid down in Article 3. 2 and may not be more than six years old.
(c) Where the complementary private transport of goods is to be carried out on heavy goods vehicles, such vehicles must be owned or made available to the undertaking in the financial leasing scheme. or
(d) The undertaking must have a number of drivers with appropriate class driving licences, which is sufficient in relation to the number of vehicles to which the authorisations are to be referred.
Art. 37. Documentation of the application for authorizations by whom it is not the holder of other authorizations in force. -For the purposes of the previous article, for obtaining authorizations for private transport complementary to those who do not hold other authorizations authorisations in force for such a class, the corresponding standard application form, which shall be provided at the receiving office of the competent body, accompanied by original or photocopied photocopies of the following: documents.
(a) National identity document in force of the applicant, or, where he is abroad, identification document that has equivalent effects in his country of origin or passport; as well as, in any case, accreditation of be in possession of the corresponding tax identification number.
When the applicant is a legal person, he/she must present the corresponding constitution document and his/her tax identification card, and credit his/her registration in the Commercial Register or, if applicable, in the Register that corresponds.
(b) 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 must, in any case, be duly sealed or completed 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 Economic Affairs and the Ministry of Finance, certifying compliance by the applicant of its obligations in relation to the Tax for the period referred to in the preceding paragraph.
(c) Justicizer of the high level affiliation of the applicant company in the corresponding Social Security Regime.
(d) Justifying that the applicant is aware of the payment of the Tax on Economic Activities.
(e) Accounting or commercial documentation that sufficiently justifies the need to carry out the transport for which the authorisation is sought, as provided for in paragraph (a) of the previous Article.
(f) Supporting documentation of the recruitment and corresponding registration of the number of drivers under the high social security scheme as appropriate in accordance with the provisions of paragraph (d) of the previous Article, along with the driving licences they are provided with.
(g) The permit to move the vehicle to which the authorisation is to be referred to, on behalf of the applicant.
Where, as provided for in paragraph (c) of the preceding Article, the vehicle to which the authorisation is to be referred is leased, original or photocopy of the movement permit shall be submitted in the name of the undertaking. lessor, accompanying the relevant lease or a pre-contract or similar document in which the applicant for the transport authorisation and the leasing undertaking undertake to carry out the lease and in which the the term of duration of the lease, the identification of the leasing company, and the data shall be included of the vehicle and of the corresponding lease authorisation referred to therein.
(h) The technical inspection document of the vehicle in which the periodic legal recognition is established or, failing that, a certification certificate to that effect.
Art. 38. Documentation of the application for successive authorizations. -For the purpose of obtaining successive authorizations for supplementary private transport for those who are already holders of other authorizations of that kind in force, the application form shall be be accompanied only by the documentation provided for in paragraphs (e), (f), (g) and (h) of the previous Article.
Art. 39. Grant of the authorizations. -Submitted the application to the competent body, this will proceed in the same terms as provided for in Article 20 for the granting of authorizations of public transport.
Art. 40. Visa of authorisations. -1. For the purposes of the approval of all authorizations for private transport complementary to the holder of the undertaking which is domiciled in the territory on which the same body holds the same body, it shall be necessary to provide the next documentation:
A) In a unitary manner in relation to the set of authorisations, as provided for in Article 37 (b), (c), (d), (e) and (f).
B) For each of the authorizations, a photocopy of the card in which it is documented.
However, the competent body may also require the submission of any other of the documents referred to in Article 37, whether in relation to all or any of the authorisations that the undertaking is a holder, where it considers it appropriate to verify the proper compliance with the requirements laid down by those documents.
2. In the implementation of this visa, the same rules will apply to those provided for in Article 27 (2) and (3).
Art. 41. Rehabilitation of expired authorisations for lack of visa. -Only exceptionally expired authorisations for lack of the visa provided for in the previous article may be rehabilitated in the same terms as set out in Article 29 for public transport authorisations.
Art. 42. Transfer of entitlements for change of ownership of the company:
1. In the case of change of ownership of the company, merger or absorption by another and, in general, of change of ownership of the business, the subjective novation of the corresponding authorizations of private transport complementary of goods in favour of the new holder of the vehicles to which they are referred, if so requested by him accompanying the documentation which, if appropriate, corresponds to the provisions of Articles 37 and 38, and without requiring compliance the maximum age requirement of the vehicles referred to in Article 36 (b).
As set out in the preceding paragraph, it shall also apply where the change in ownership occurs in relation to an area or a distinct sector of the undertaking performing an independent activity, in respect of vehicles attached to the exercise of that activity.
2. In any event, the payment of pecuniary penalties imposed by final decision on the administrative basis for infringements of the transport legislation shall be a necessary requirement for the administrative authorization to be given to the transmission of the authorisations in relation to which they have committed their
the corresponding violations.
Art. 43. Replacement of vehicles affected by authorisations. -Vehicles referred to in the supplementary private transport authorisations for goods may be replaced by other vehicles on the same terms as provided for in Article 34. In the light of the fact that, in this case, such a replacement may not imply an increase in the overall capacity of the undertaking authorised to the undertaking, unless that increase is expressly approved by the body. competent.
In any case, the application must be accompanied by the documentation provided for in Article 37 (e) and (f) relating to the replacement vehicle.
Art. 44. Modification of the characteristics of the vehicles concerned with the authorisations.-modification of the maximum authorised weight or of the load capacity of the vehicles to which the supplementary private transport authorisations are attached of goods, it may be carried out only where there is no increase in respect of the previous replacement, unless such increase is expressly authorised by the Administration.
CHAPTER IV
Documentation of public and private transport authorizations complementary to goods
Art. 45. Transport cards. -In accordance with the provisions of Article 11.2 of the ROTT, the granting of the authorizations governed by this Order shall be documented by the issuing of the corresponding transport cards, in which the specify their ownership, place of residence, vehicle to which they are referred, scope of action and other circumstances of the activity to be determined by the Directorate-General for Land Transport.
Art. 46. Card classes. -Goods transport authorizations will be documented on cards of the following classes:
-Public transport authorisations for heavy goods vehicles shall be documented on the cards of the MDP class at national and local level.
-Public transport authorisations for light vehicles will be documented on national and local-level MDL class cards.
-The supplementary private transport authorizations for goods shall be documented on cards of the national MPC class.
Together with the above, and as long as they endure, the authorizations referred to in the third and fourth transitional provisions of this Order will be documented in cards of the classes that are foreseen in the order.
Art. 47. Replacement of the cards. The variation of the data to be recorded on the transport cards will result in replacement by others whose specifications are adapted to the authorised modification.
The carrying out of the visa of the transport authorisations will give rise to the issue of a new card which will replace the one corresponding to the period immediately preceding it.
TRANSIENT PROVISIONS
First. -1. The time limit for the approval of public transport authorisations for goods for the year 1992 to 30 June 1993 is hereby extended.
In the authorization visas to be issued within that period, the rules provided for in Articles 27 and 28 of this Order shall be followed, with the following particularities:
For the purpose of carrying out the visa referred to in Article 27, the holder of the authorisations, whether or not he is a natural person or a legal person, shall at any rate present the documentation provided for in paragraphs (b), (c), (d), (e) (f) of Article 18, in a unitary manner in relation to all authorizations, and the provisions referred to in paragraph (j) of that Article, in respect of each of the authorizations, in addition to a photocopy of the cards in which they are document.
For the purposes of applying the visa referred to in Article 28, the documentation provided for in Article 28 shall be submitted, but the document referred to in Article 18 (j) shall be required in respect of each of the following: the authorisations.
2. By way of derogation from Article 40, for the purposes of the approval of the supplementary private transport authorisations for goods for the year 1993, the presentation of all the documents provided for in the Article 37.
Second. -1. Holders of existing national or regional public or private transport authorisations may apply for replacement by one of the same class and local area, which shall be authorised by the body. competent by means of the removal of the card in which they are documented and the issue of a new card of the same class and local area, referring to the same vehicle, irrespective of the age of the same.
2. Holders of public transport authorisations of any currently existing scope may request within six months from the date of entry into force of this Order that they be replaced by one of the following: complementary private sector at national level, by means of the presentation of the documentation provided for in Article 37. Upon receipt of the application and after verification of compliance with the requirements laid down in Article 36, the competent authority shall grant the additional private transport authorisation referred to in Article 36. regardless of the age of the same, and the cancellation of the authorization of public transport in which it was covered, removing the card in which it was documented.
3. By way of derogation from Article 31 (b), persons who are holders of public transport authorisations for goods for
light vehicles on the date of publication of this Order, may transmit separately, within one year of their entry into force, some or some of the same in favour of a person or undertaking from which they are dependent (a) in the case of a person who is not a member of the public authority, or who is a member of the public authority, or who is a member of the public authority;
Third. -1. Public transport authorizations for the public transport sector for existing heavy goods vehicles will remain in force and will be documented on cards of the MDP class of regional scope, their legal regime being subject to the provisions of the of this Order applicable to national public transport authorisations for heavy goods vehicles, with the exception of those relating to the granting of new authorisations.
2. The public transport authorisations for the current light vehicles for light vehicles will remain in force and will be documented on cards of the MDL class of regional scope, their legal regime being subject to the provisions of the of this Order applicable to national public transport authorisations for light vehicles, with the exception of those relating to the granting of new authorisations.
3. Currently existing local and local private transport authorities will retain their validity and will be documented on cards of the local and local MPC class, respectively, with their legal status being subject to the provisions of this Order applicable to supplementary private transport authorisations, with the exception of those relating to the granting of new authorisations.
Fourth. -1. The authorisations for leasing of tractor heads granted, as provided for in the number 2 of the fifth transitional provision of the LOT, for the exchange of the former authorizations of the TD class, shall be documented in class cards. TD at national, regional and local level, being its legal regime subject to the provisions of this Order applicable to public transport authorisations for heavy goods vehicles in the field concerned, with the exception of those relating to granting of new authorisations.
2. The public transport authorisations referred to specific semi-trailers, granted, as provided for in the first paragraph of number 3 of the fifth transitional provision of the LOT, for the exchange of the former authorisations of the MD class, shall be documented on cards of the MS of national, regional and local radio, with their legal status subject to the provisions of this Order applicable to public transport authorisations for heavy goods vehicles corresponding, with the exception of those relating to the granting of new authorisations.
3. Public transport authorisations for semi-trailers granted without reference to a particular vehicle, for the exchange of the former authorisations of the DMD class in the case provided for in the third paragraph of the provision number 3 Fifth of the LOT, they will be documented in cards of the MSB class at national, regional and local level.
The provisions of Articles 5 shall apply in relation to those authorisations. to 9. and 21 to 29 of this Order, with the exception of compliance with the requirements set out in Article 3 (1). and the obligation to submit for the purposes of the visa the documents referred to in Article 18 (g) and (h).
The authorizations referred to in this point must, in any case, be domiciled in the place where the titular Company has its legal domicile for tax purposes.
The semi-trailers which are used at any time to carry out transport under such authorisations shall comply with one of the conditions laid down in Article 3 (b) and (c), 2 and Article 10.
The authorisations regulated in this number may be transmitted in accordance with the provisions of Article 30, but such transmission shall entail their conversion into authorisations as provided for in Article 30 of this Regulation. transitional provisions of the same scope, which shall relate to semi-trailers not exceeding two years of age, if the scope of the authorisation is national or regional, or six years, if its scope is local.
4. The amount of the security provided for in Article 21 shall be, in the case of the authorisations referred to in the preceding numbers 1, 2 and 3, of the 250 000 pesetas and shall be taken into account for the purposes referred to in Article 24 as security.
5. The supplementary private transport authorisations referred to specific semi-trailers, granted for the exchange of the former private transport authorisations in excess of the assumption provided for in the second paragraph of the provision number 2 Sixth of the LOT, they shall be documented on cards of the MSPC class at national, regional and local level, their legal status being subject to the provisions of this Order applicable to the supplementary private transport authorisations, with the exception of those relating to the granting of new authorisations.
Fifth. -Where, in accordance with the provisions of the fifth transitional provision of the LOT, the undertaking holding public transport authorisations for semi-trailers and for the authorisations of the TD class, is intended to the joint conversion of the same in relation to all the authorisations as possible, the applications shall be submitted to the competent administrative body for the reason of the place where the said undertaking has its legal domicile, stating the place (s) where the transport authorisations are to be kept in place the public referred to vehicles with their own traction capacity resulting from the conversion.
Where the said joint conversion is not carried out in relation to all possible authorisations, applications shall be submitted to the competent bodies for the purposes of the places where they are intended to be domiciled. new authorisations resulting.
Applications must, in any case, express the authorizations in relation to which the conversion is desired, as well as whether the conversion is intended to be carried out in relation to all possible authorizations.
REPEAL PROVISION
The Order of the Ministry of Public Works and Transport of 29 November 1991 for the development of the Regulation of the Law on the Management of Land Transport in the field of transport authorizations is hereby repealed. of goods by road, and any provisions of equal or lower rank shall be 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, 3 February 1993.
BORRELL FONTELLES
Ilmos. Mr Secretary-General for Transport Services and Director General of Land Transport.
