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Law 9/2013, Of 4 July, By Which Modifies Law 16/1987, Of 30 July, The Land Transport Management And The Law 21/2003 Of 7 July, Aviation Safety.

Original Language Title: Ley 9/2013, de 4 de julio, por la que se modifica la Ley 16/1987, de 30 de julio, de Ordenación de los Transportes Terrestres y la Ley 21/2003, de 7 de julio, de Seguridad Aérea.

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TEXT

JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

PREAMBLE

The changes experienced by the market for land transport of passengers and goods, both at national and EU level, have advised to carry out a thorough review of the content of the Law of Land Transport Management (hereinafter 'LOT'), originally approved in 1987.

The criteria followed in this review have been marked by the desirability of maintaining the maximum rigour in the conditions of access to the transport market, on the line marked by the regulation of the European Union, and, in parallel, in order to provide the largest self-management capacity to the companies involved in the market.

To this end, the new requirements introduced by Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for the use of the new requirements introduced by Regulation (EC) No 1071/2009 are incorporated into the text of the LOT. the conditions to be fulfilled for the pursuit of the occupation of road transport operator and repealing Council Directive 96 /26/EC, in relation to compliance with the requirements of establishment, professional competence, financial capacity and good repute of the companies.

In the field of international transport, it has basically been decided to refer to the rules contained in Regulations (EC) No 1072/2009 and (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009, (a) which, respectively, lay down common rules for the access to the international road haulage market and the international market for coach and bus services, as well as those which, where appropriate, are implementation of the international conventions signed by Spain.

It is worth noting some particularly significant changes in relation to certain forms of transport. Thus, the system for the management of the regular public transport of passengers for general use by road and rail is adapted to the rules laid down in Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007, on public passenger transport services by rail and road and repealing Council Regulations (EEC) No 1191/69 and (EEC) No 1170/70. In addition, the specific rules of this scheme with the general law on public sector contracts are articulated and harmonised, reinforcing the contractual nature of the relationship between the service manager and the managing authority of the public sector. this.

In relation to another totally different matter, the definitive framing of the activity of leasing of vehicles with driver can be significant as a specific modality of the discretionary transport of passengers in the In the case of the transport sector, the Commission will be in a position to take the necessary steps to ensure that the transport of goods and services is not covered by the directive. leasing of driverless vehicles, with which little or nothing has to be seen.

At last, the various ancillary and complementary activities of the transport of goods are redefined in order to adapt them to the current reality of the market, including the figure of the logistic operator, previously not previewed in the LOT.

In the commercial field, the principles of freedom of hire and exploitation of the activities of transport at risk and venture of the employer are enshrined, except in the case of public passenger transport services of ownership of the Administration, and the capacity to act of the Arbitration Boards of Transportation is strengthened.

The operational barriers are reduced, fully liberalising the intermediation in the recruitment of passenger transport, without prejudice to the regulation of travel agencies in the tourist area, and the limits that separate the performance of carriers and transport operators in the freight transport market.

Finally, the reduction of administrative burdens that this modification of the LOT is conducive to, both for the companies operating in the sector and for the Administration itself, has to be emphasized. Thus, a new dimension is given to the Registry of Companies and Transport Activities, which, together with its coordination with the Commercial Registry, will allow rapid progress in the elimination of formal formalities and documentary requirements for obtaining of the titles they enable to carry out the activities and professions of transport.

On the other hand, the obligation for companies to have minimum computer equipment will also contribute significantly to the possibility of progress towards the establishment, in the medium term, of a strictly telematics of any procedure before the competent public administration bodies in the field of transport.

Article first. Amendment of Law 16/1987 of 30 July on Land Transport Management.

Law 16/1987 of 30 July on Land Transport Management is amended as follows:

One. Article 1 (1) is worded as follows:

" 1. They shall be governed by the provisions of this law:

1. Road transport, being considered as such for vehicles of motor vehicles or vehicle assemblies running without a fixed running road, and without fixed means for the collection of energy, for all class of land, urban or inter-urban roads, of a public nature and also of a private nature where transport is public.

2. Transport by rail, considering as such those carried out by vehicles that circulate on a fixed road that serves as support and guidance.

3. The ancillary and complementary activities of the transport, considering themselves as such, for the purposes of this law, those developed by the transport agencies, the freight forwarders, the logistic operators, the storage-distributors and passenger transport stations and transport and logistics centres for goods by road or multimodal. The lease of driverless road vehicles shall also be taken into account. "

Two. Article 2 is worded as follows:

" Article 2.

This law shall apply to the transport and ancillary and ancillary activities of the same persons whose competence corresponds to the General Administration of the State.

Your application to other transports shall be carried out in the terms provided for in the second final provision. "

Three. Article 17 is worded as follows:

" Article 17.

1. Carriers or ancillary or complementary transport activities shall carry out their activities with full economic autonomy, managing them at their risk and venture.

2. However, in the operation of such transport to which this law confers the character of public services of ownership of the Administration, the provisions of the European Union in the field of public transport services shall apply. passengers by rail and road and, where appropriate, the provisions of the public sector contract legislation on public service contracts. '

Four. Points 1, 2 and 3 of Article 19 are worded as follows:

" 1. The charging scheme for public passenger transport services of ownership of the Administration shall be determined in the relevant public service management contracts.

2. The structure of the transport tariff referred to in the preceding paragraph shall be in accordance with the characteristics of the service in question in each case, taking into account what is determined in this law and the provisions of the Union. European public services for the transport of passengers by rail and road, and, where appropriate, in the rules laid down for their implementation and development.

The rates thus established, together with other compensation, economic or other, to which, where appropriate, the contractor is entitled, must cover all the operating costs of the transport under the conditions (a) to be provided for in the relevant public service management contract and to allow adequate depreciation of the assets necessary for their provision and which must be provided by the contractor, as well as a reasonable business benefit, under normal circumstances of productivity and organisation. To this end, the administration must reject the contracting of such services with those who offer them by applying prices that do not comply with the condition. The dismissal of an offer shall not be made without allowing its justification by the tenderer who submitted it.

3. The Administration may individually review the tariff arrangements for a particular public service management contract, either on its own initiative or at the request of the contractor, where the items in its cost structure have suffered a variation that significantly alters, upward or downward, the economic balance of the contract.

In this review, it will be deducted, in any case, those costs whose value depends, in whole or in part, on the management of the contractor. "

Five. Article 19 (4), which is without content, is deleted.

Six. Points 6 and 7 of Article 19 are worded as follows:

" 6. The fee for a public passenger transport service of the Administration may not be reviewed until the contraaor who manages it has fulfilled all the obligations incumbent upon it until that time in order to provide the Administration of statistical data, accounting documents or reports that are required in accordance with what is determined.

When the Administration detects an omission, error or falsehood in the data or documents provided by the contractor, it must rectify, ex officio, how many revisions of the tariff would have been carried out from those, adjusting them to the actual data.

The provisions of this paragraph shall be without prejudice to the imposition of the penalties to which, where appropriate, there is a place.

7. For the purposes of accounting, the public service contractors for the transport of passengers owned by the Administration shall treat each of them as a separate activity, managing it as an independent accounting division. and other than any other that they perform, whether or not related to the carriage of passengers.

The result of the segregation realized will be translated annually into an analytical account of exploitation verified by an independent expert.

The Ministers for Development and the Economy and Competitiveness may establish, by joint order, the specifications that, if appropriate, consider relevant to the exact compliance with the provisions of this point. "

Seven. Article 20 is worded as follows:

" Article 20.

In accordance with the provisions of the European Union regulation on public passenger transport services by rail and road, the public service obligations are considered as public service obligations. (a) to ensure that public passenger transport services of general interest are guaranteed by an operator, if he or she considers that his own commercial interest would not be assumed or would not be the same or in the same measure same conditions without pay.

The declaration and imposition of public service obligations in relation to land transport shall be governed by the provisions of this law and the Community rules referred to above, as well as in the rules regulations issued for the implementation and development of such provisions. "

Eight. Article 21 is worded as follows:

" Article 21.

1. In all public passenger transport, the damage suffered by passengers shall be covered by the compulsory passenger insurance, in the terms laid down by the specific legislation on the subject.

2. In the case of carriage by bus and coach, the carrier shall be liable for the obligations laid down in respect of passengers, in accordance with the terms laid down in Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011, on the rights of bus and coach passengers and amending Regulation (EC) No 2006/2004, in so far as they are not covered in full by the compulsory insurance of passengers, by the insurance of civil liability of compulsory subscription provided for in the recast of the Law on Civil and Safe Liability in the movement of motor vehicles, approved by Royal Decree-Law 8/2004 of 29 October, or by any other insurance.

3. The amount of insurance provided for in this Article shall be considered as operating expenditure and shall therefore be subject to the corresponding charges. '

Nine. Article 22 is worded as follows:

" Article 22.

1. It may only contract the carrying out of land transport services of goods as a carrier, and issue invoices in its own name for the provision of goods, who are previously the holder of a licence or authorisation to enable them to transport of this class or, in another case, an authorisation of a freight operator.

2. As a general rule, land transport services of passengers may be engaged and invoiced by all those who hold a licence or public transport authorisation which enables them to carry out this kind of transport.

However, the provision of those modes of transport of passengers who are assigned the public service of ownership of the Administration may only be engaged in a carrier by the the contractor to whom the competent body has awarded its management or, where appropriate, by the entity, body or entity which the competent authority has created for the management or coordination of that class of services.

The intervention of travel agents and other intermediaries in the procurement of any modes of passenger transport will be governed by specific tourism legislation. Without prejudice to this, the cooperatives of hauliers and marketing companies may, in any event, be able to mediate in the recruitment of occasional passenger transport to be provided by those of their partners who are holders of passenger transport authorisation.

3. Without prejudice to the provisions of the foregoing points, in the case of a mode of transport the performance of which is legally or legally exempted from obtaining a public transport licence or authorisation, the services they may also be engaged and invoiced by the holder of the business organisation by which they are physically carried out. "

Ten. Article 23 is worded as follows:

" Article 23.

In the carriage of passengers by road, the liability of carriers for damage or losses suffered by baggage as a result of accidents, unless expressly agreed to a few or more conditions favourable to the passenger, shall be limited to EUR 1,200 per piece of baggage, in the case of transport falling within the scope of Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 on rights of bus and coach passengers and amending Regulation (EC) No 2006/2004.

In any other case, liability for damages or losses suffered by the baggage shall be limited, unless expressly agreed to more or more favourable conditions for the traveller, at 450 euros per piece.

For the purposes set out above, baggage shall be understood as any object or set of objects which, at the request of the traveller, accompany the traveller during the journey on board the bodega, the baca or the trailer of the same vehicle. Commission shall mean any object which the carrier undertaking is obliged to carry on board the vehicle carrying out the service in question, where such object is not directly related to any of the passengers who occupy square in the same vehicle.

The monitoring of the handbags shall be the responsibility of the traveller to whom they accompany and, consequently, they shall be aware of the damage they may suffer as long as they are on board the vehicle, unless they prove the responsibility of the the carrier undertaking, in which case the limitations set out above in relation to the luggage shall apply. In any event, the carrier shall be held liable for the possible loss or deterioration of the carry-on packages at any time when, on the occasion of a stop, all occupants have left the vehicle without, immediately thereafter, the driver would have closed the doors of access to it. For this purpose, a lump of hand shall mean any small object intended for the shelter, decoration or personal use which a passenger carries with him during the journey on board the vehicle's passenger compartment.

In the carriage of passengers by road, the carrier shall be liable for any damages to the passengers arising out of their failure to comply with the obligations and formalities prescribed by the laws and regulations of the Public authorities, as well as actions which, as a result of such non-compliance, may be taken by the Administration, throughout the course of the journey and on arrival at the point of destination, unless it proves that the non-compliance has been result of a performance carried out without their consent by any of the users or travellers.

The liability of the carrier, in the case of passenger transport by rail, shall be determined in accordance with the provisions of Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007. 2007, on the rights and obligations of rail passengers. "

Once. Article 24, which is without content, is deleted.

Twelve. Article 28 is worded as follows:

" Article 28.

1. For the purposes of this law, it is considered multimodal that transport operation by which goods or passengers are transferred using more than one mode of transport simultaneously or successively, one of them being the land, with independence of the number of carriers involved in their implementation, provided that such operation is planned in a complete and coordinated manner by the person who organised the transport, whether the charger, a carrier or a carrier; transport operator.

2. Special rules may be laid down in order to facilitate the carrying out of multimodal transport or to promote transport as a whole. "

Thirteen. A point 3 is added to Article 35 with the following wording:

" 3. The Land Transport Inspection Services shall pay particular attention to the surveillance of those undertakings which have a higher frequency of infringement, in accordance with the provisions of the plans referred to in the previous paragraph and the criteria to be determined by the European Union.

In any event, the aforementioned Services shall be particularly vigilant for the effective fulfilment of the conditions which determined that a company would benefit from the exemption from liability referred to in Article 138.4. "

Fourteen. Article 36 is worded as follows:

" Article 36.

1. The National Land Transport Council is the top advisory body, consultation and sectoral discussion of the Administration on matters affecting the operation of the transport system.

2. The Council shall be composed of experts appointed by the General Administration of the State on the proposal of the road transport undertakings, through the National Committee on Road Transport, by means of transport undertakings. In the case of transport users, through the Council of Consumers and Users, the rail network, through its associations, the workers of the transport undertakings, through the most representative trade unions in this sector; the representative organisations of persons with disabilities and of associations of undertakings users of the transport of goods, as well as, where appropriate, of undertakings in other modes of transport and other transport-related sectors of activity.

In addition, the Administration may directly appoint other members of the Board of Directors solely on the basis of their professional competence, as well as representatives of the specialized transport administration. land.

3. The specific composition of the Council, the body responsible for the appointment of its members, as well as the criteria and procedure through which the various sectors concerned will propose their candidates, will be determined.

4. The members of the Council do not participate in this sector representing the sector which, if appropriate, would have proposed their appointment, but as experts on an individual basis. As a result, they will not be able to be represented in the deliberations of the Council but by other members.

Without prejudice to this, the Council may set up working groups of permanent or temporary nature to assist in the preparation of studies prior to the issuance of its opinions. Members of these working groups may be members as well as persons who are not, but their findings will only be taken into account by the Administration when endorsed by the full Council.

5. The National Council for Land Transport will have to report on the procedure for drawing up the Transport Plans and on all other matters in which it will be regulated. The Council may, in addition, propose to the Administration any measures it deems appropriate to improve the coordination and effectiveness of the transport system. "

Fifteen. The third subparagraph of Article 38 (1) is worded as follows:

" It shall be presumed that there is such an agreement of submission to the arbitration of the Boards as long as the amount of the dispute does not exceed 15,000 euros and none of the intervening parties in the contract would have manifested expressly to the other its will against before the moment in which the realization of the contracted transport or activity is initiated or should have been initiated. "

Sixteen. A second paragraph is added to Article 38 (3) with the following wording:

" A simplified procedure shall be established through which the Arbitration Boards of the Transport shall attend to the deposit and, where appropriate, the disposal of goods in the cases in which it corresponds to compliance with the provisions of the legislation of the land transport contract. '

seventeen. Article 41 (2), which is without content, is deleted.

Eighteen. Article 42 is worded as follows:

" Article 42.

1. The carrying out of public transport of passengers and goods shall be subject to the possession of an authorization which it enables, issued by the competent authority of the General Administration of the State or, where appropriate, by that of the Community. Autonomous in which such authorization is established, when this power has been delegated to it by the State.

As a general rule, public transport authorizations must be domiciled at the place where the holder has his tax address.

However, the authorisation may be domiciled in a different place where the holder justifies that his principal activity is not that of transport and that, as a result, he has his registered office where he carries out such activity. principal, although it has an establishment in the place where it intends to direct it, in which it will centralise its transport activity and fulfil the requirements set out in Article 43.1 (c).

2. By way of derogation from the above point, the prior authorization to perform the following transport modes is not required:

(a) Transport of passengers or goods carried out on vehicles whose maximum authorised speed does not exceed 40 kilometres per hour.

(b) Transport carried out on vehicles which permanently carry machines or instruments such as those intended for generators, lifting cranes, survey equipment, etc., constituting such machines or instruments for the exclusive use of the vehicle. This exemption shall include the carriage on board of such vehicles of those parts, tools or other equipment which are necessary for the proper functioning of the machinery or equipment or the proper provision of the services to which it is they are intended.

In addition, it may be exempted from the obligation to have authorisation to carry out exclusively other forms of transport which have a low impact on the transport market on the basis of the the nature of the goods transported, the short distances travelled or the small load capacity of the vehicles in which they are carried out.

3. The exemption from the obligation to be in possession of authorization in the cases mentioned in the previous paragraph does not exempt those who carry out the transport affected from the fulfilment of the rest of the requirements contained in this Law and in the rules issued for their development, in terms of their application, or of obtaining the permits, licences or ratings which, where appropriate, are carried out in accordance with the legislation on safety, health or traffic, movement of vehicles motor and road safety. "

nineteen. Article 43 is worded as follows:

" Article 43.

1. The granting of the public transport authorisation shall be conditional on the applicant undertaking stating, in accordance with the rules laid down in law, that the following requirements are met:

(a) Having Spanish nationality or that of any other Member State of the European Union or, if not, having the authorizations required by the legislation of the general regime of foreign nationals for the realization of of the professional activity of carrier in its own name.

(b) When it is not a natural person, have a legal personality independent of that of those persons who, where appropriate, integrate it.

In no case will it be possible to grant authorizations jointly to more than one person or to communities of goods. No authorisations for non-profit legal persons shall be granted.

Dealing with legal persons, the realization of public transport must be part of their social object in an express way.

(c) Contar with an address located in Spain in which the documents relating to its management and operation are kept, at the disposal of the Land Transport Inspection Services, which are regulated determine.

d) Dispose of one or more vehicles registered in Spain in accordance with what is required in each case according to what is regulated, on the basis of reasons of general interest, which must be complied with by the conditions which, where appropriate, are laid down, taking into account the principles of proportionality and non-discrimination.

e) Dispose of e-mail address and signature, as well as of the computer equipment needed to remotely document the contract and other business formalities with its customers.

f) Meet the obligations of fiscal, labor and social character required by the legislation in force.

g) comply, where appropriate, with those other specific conditions necessary for the proper provision of services which are regulated, taking into account the principles of proportionality and non-discrimination, with the transport class in question in each case.

2. In addition to the conditions laid down in the preceding paragraph, where the authorization is to be used for the public transport of passengers by bus or goods in vehicles or vehicle assemblies with their own traction capacity, the mass of which shall be Maximum authorised maximum of 3,5 tonnes shall comply with the requirements of establishment, good repute, financial capacity and professional competence required by the rules of the European Union laying down common rules on the conditions to be fulfilled for the exercise of the profession of road transport operator, in accordance with the provisions laid down in that regulation and in accordance with this law and its implementing rules for the implementation of those provisions.

It may be foreseen, however, of course that, at the request of the person concerned, the Administration may authorise a company to continue operating, even if it does not comply with any of the conditions identified at this point, for a period of time which may in no case be longer than six months. '

Twenty. Article 44 is worded as follows:

" Article 44.

In accordance with the provisions of the European Union regulations laying down common rules concerning the conditions to be fulfilled for the pursuit of the occupation of road transport operator, (a) to comply with the requirement of establishment referred to in point 2 of Article 43, a company shall:

(a) Having an establishment located in Spain with premises in which the main documents of the company, in particular its documents, are kept at the disposal of the Land Transport Inspection Services accounting, staff management documents, documents with data relating to driving and rest times for drivers, as well as any other documents which may be required in accordance with the provisions of paragraph c) of Article 43.1.

(b) Dispose of one or more vehicles in the terms and conditions that are applicable in accordance with the provisions of Articles 43.1, 54.2 and 55.

(c) Dispose in the holding centers that the company carries out its activity in Spain with the appropriate administrative and technical equipment and facilities, in accordance with what is to be determined. "

Twenty-one. Article 45 is worded as follows:

" Article 45.

In accordance with the provisions of the European Union regulations laying down common rules concerning the conditions to be fulfilled for the pursuit of the occupation of road transport operator, to comply with the requirement of good repute, neither the company nor its transport manager may have been convicted by the commission of criminal offences or offences or punished by the commission of offences related to the commercial, social or (i) work, road safety or land transport management which will lead to the loss of the this requirement, in accordance with what is available in this law and in the rules of the European Union. "

Twenty-two. Article 46 is worded as follows:

" Article 46.

In accordance with the provisions of the European Union regulations laying down common rules concerning the conditions to be fulfilled for the pursuit of the occupation of road transport operator, to meet the financial capacity requirement, the company must:

a) Being able to permanently address its economic obligations throughout the annual accounting year.

This condition should be considered to be in breach of those who have been declared insolvent in any proceeding. They must also be considered to be in breach of those who have been declared in competition, unless the competent authority on the transport authorisation is convinced that there are realistic prospects for financial consolidation. within a reasonable time.

In any case, compliance with the requirement will be restored since the company is protected by the effectiveness of the agreement reached in the insolvency proceedings.

On the contrary, it cannot be considered in any event that the requirement has been met since the insolvency proceedings between the liquidation phase.

(b) To provide, at least, capital and reserves for a minimum amount of EUR 9,000, when a single vehicle is used, and EUR 5,000 more for each additional vehicle used.

However, the Administration may accept or require a company to demonstrate its financial capacity through the guarantee provided by a financial or insurance institution, which shall become a guarantor of that undertaking. up to the above amounts, in accordance with what is to be determined. "

Twenty-three. Article 47 is worded as follows:

" Article 47.

In accordance with the provisions of the European Union regulations laying down common rules concerning the conditions to be fulfilled for the pursuit of the occupation of road transport operator, (a) to comply with the requirement of professional competence, the undertaking must establish that it has at least one natural person who exercises the functions of a transport manager and who, for that purpose, fulfils the following conditions:

(a) To effectively and permanently manage the transport activities of the company, in accordance with what is regulated.

b) Having a real link with the company, as determined by the regulations.

(c) Being in possession of the certificate issued by the Administration certifying its professional competence for the carriage by road of passengers or goods, as appropriate, in accordance with what is regulated set.

(d) Fulfill the requirement of good repute in the terms referred to in Article 45, in a personal capacity. "

Twenty-four. Article 48 is worded as follows:

" Article 48.

1. The granting of public transport authorisations shall be governed by what may be refused only where the conditions required for this are not met.

2. However, in accordance with Community rules and other provisions which, where appropriate, are applicable, where the offer of public transport of passengers in passenger cars is subject to quantitative restrictions in the Regional or local authority, regulatory limitations may be established for the granting of new enabling authorizations for the performance of inter-urban transport in that class of vehicles and for those enabling them to lease of vehicles with driver. "

Twenty-five. Article 49 is worded as follows:

" Article 49.

1. In general, transport authorisations shall be non-transferable, except in favour of the forced heirs or the spouse of the former holder, in the case of death, retirement or physical or legal incapacity of the latter.

2. By way of derogation from the foregoing point, the transmissibility of the transport authorisations may be established in favour of persons other than the forced heirs or the spouse of their former holder in cases where the the granting of such restrictions is subject to limitations due to the age of the vehicles to which, if appropriate, they must be referred to.

3. Certain temporary derogations from the requirements of Article 43 may be laid down, in order to take account of the transitional situation of the undertaking in the case of transmission of authorisations. "

Twenty-six. Article 51 is worded as follows:

" Article 51.

1. Transport authorisations shall be granted without a fixed period of time, but their validity may be subject to their periodic, ex officio, visa, in accordance with the rules laid down in law.

By visa, the Administration shall verify the maintenance of the conditions required in accordance with the provisions of Article 43.

Authorizations that, resulting in mandatory, have not been visadas within the established time limit will automatically lose their validity, without the need for an express declaration of the Administration in that regard.

They will also lose their validity as many other ratings for the exercise of the transport activity would have been obtained under the condition of the validity of those.

2. Cases may be laid down in such cases where it is possible to rehabilitate authorisations which have lost their validity because they have not been endorsed within the prescribed period.

3. In accordance with the provisions of Article 11.2 (a) of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, the consent of the person concerned shall not be necessary for the Registry of Companies and Activities to Transport may obtain from any other public record the information that is strictly necessary to prove the fulfilment of the requirements required for the granting, visa or modification of the titles that they enable to the exercise of the activities and professions governed by this law or the rules laid down for its implementation and development.

In application of the principles referred to in Article 4 of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, the obtaining of information according to the above shall not be payable. '

Twenty-seven. Article 52 is worded as follows:

" Article 52.

1. Outside the case provided for in the preceding Article, where the Administration finds that it has failed to fulfil any of the conditions laid down in Article 43, it shall suspend the authorization, communicate it to its holder, until it has said that it has failed to fulfil its obligations. failure.

This suspension will also reach as many other ratings for the exercise of the transport activity would have been obtained under the condition of the validity of the said authorization.

If the non-compliance that resulted in the suspension has not been remedied prior to the end of the next visa period, the authorisation shall be forfeited in accordance with the provisions of Article 51.

In the case of the authorisations referred to in point 3 of Article 51, the suspension shall be maintained indefinitely as long as the holder fails to prove that the non-compliance concerned has been remedied.

2. Without prejudice to the provisions of the preceding paragraph, where the holder of the authorization is a contractor for the management of a public service for the regular transport of general travellers, the Administration shall initiate the relevant procedure of (a) a decision of the relevant contract if the person does not credit the failure of the non-compliance within the time limit to be determined.

3. The provisions of the foregoing points of this Article shall be without prejudice to the imposition of the penalties corresponding to the non-compliance with the requirements of each case. "

Twenty-eight. Article 53 is worded as follows:

" Article 53.

1. The Registry of Companies and Transport Activities is intended to:

(a) The registration of companies and persons who obtain one of the titles they enable for the exercise of the activities and professions governed by this law or the rules laid down for their development.

(b) The registration of contracts for the management of public passenger transport services for general use.

(c) The annotation of all the incidents and data relating to the undertakings, persons, titles and contracts referred to in the preceding paragraphs which are regulated as such.

(d) The penalties imposed by the commission for the offences defined in this law, as well as those other annotations relating to sanctioning files deemed to be relevant.

2. Registration in the Register shall be compulsory and shall be made on its own initiative by the Administration.

3. The organisation of the Register, consisting of the Territorial Registers and the Central Register, shall be articulated in accordance with what is to be determined.

4. The content of the Register is presumed to be accurate and valid.

5. An entry or entry in the Register may not be made on the same or earlier date as is contrary to or incompatible with that date.

6. The Registry is published in the following terms:

(a) Full advertising: every citizen will be able to know the enabling titles in force that any other natural or legal person has at the time of making his or her consultation, as well as the tariff and that other part of the content of the public service management contracts for the regular transport of general use passengers which are regulated by regulation.

b) Restricted advertising: annotations relating to a sanctioning procedure may only be known to the person or persons to whom they are referred.

(c) Ordinary advertising: access to data in the Register not included in the preceding paragraphs and which do not belong to the privacy of persons may be exercised, in addition to the subject to which they are referred, by third parties who demonstrate a legitimate interest.

The processing of the contents of the registered seats for the purpose of direct advertising must guarantee, at the same time, the impossibility of their manipulation or telescating.

This advertising will be done according to what is regulated.

The provisions of this paragraph shall be without prejudice to any application under the principles and rules which, in accordance with the provisions of the legislation on the legal system and administrative procedure, shall apply. In the case of public administrations, the relationship between public administrations and the coordination of competences between administrative bodies are reported. They shall also apply in the management and processing of data recording the requirements arising from the rules of the European Union concerning common rules concerning the conditions to be fulfilled for the exercise of the occupation of road transport operator. '

Twenty-nine. Article 54 is worded as follows:

" Article 54.

1. Those who engage in a transport operation as porters must carry it out through their own business organisation.

Other than the prescription referred to in this law, who are involved in the hiring of the transport in question in functions of pure intermediation in accordance with the provisions of this law or use the collaboration of others carriers in the cases covered by Articles 76 and 89.2.

2. For the purposes of the above point, only vehicles with their own traction capacity shall be considered to be integrated into the carrier's business organisation when they have ownership of them, leasing or leasing, in the latter case, the conditions laid down for this law and the rules laid down for its development shall be met.

In any case, these vehicles must be registered in Spain.

The use of trailers and semi-trailers of their own or others shall be free, without prejudice to the rules for their use for reasons of traffic, motor vehicle traffic and road safety.

Vehicles intended for the carriage of passengers must comply with the basic conditions of accessibility for persons with disabilities which they regulate are enforceable.

3. The staff used by the carrier must be registered in his/her business organisation in accordance with the rules contained in the social and labour legislation which are applicable and must have the qualifications, certifications, licenses or authorizations that, in the attention of the functions that it develops, are enforceable in each case. "

Thirty. Article 56 is worded as follows:

" Article 56.

The communications between the competent administrative bodies for the granting of the various authorizations and ratings provided for in this law and in the rules laid down for its implementation and development, and the holders or applicants shall be carried out using only electronic means.

Furthermore, it will be mandatory to use exclusively electronic means in communications relating to the award, control, modification or extinction of public service management contracts of regular transport general-purpose travelers.

The communications relating to the sanctioning procedures which are instructed in accordance with the provisions of this law to the holders of the authorizations and ratings provided for in this law shall also be carried out by electronic means exclusively.

The provisions of the foregoing paragraphs shall be without prejudice to the circumstances in which the Acting Administration expressly requests the physical presentation of any particular document, or of any notifications or communications to be carried out on the road by the forces responsible for the surveillance of transport.

Notifications that are made by electronic means in accordance with the provisions of this Article shall be in accordance with what is regulated in accordance with the criteria laid down in the legislation on access. Citizens ' electronic services to public services.

However, when the communications referred to in this article cannot be made by electronic means due to technical reasons, they shall be carried out through any other procedure that is valid for compliance with the provisions of the general legislation on administrative procedures and the legal system of public administrations. '

Thirty-one. Article 57 (2) and (3), which are without content, are deleted.

Thirty-two. Article 59, which reads as follows:

" Article 59.

In the exercise of its function of serving as a channel for the participation of the sector in the exercise of the public functions that affect it, the National Committee for Road Transport shall have the following powers:

(a) To participate, in the representation of transport companies and associations, in the procedure for the elaboration of how many provisions are dictated in the field of road transport.

b) To participate, in the representation of transport companies and associations, in the procedure for the elaboration of all those programmes or transport plans affecting the development of road transport or some of their ancillary and complementary activities.

c) Propose to the Administration the adoption of those actions that it considers to be of general interest to the road transport sector.

d) Evacuate as many queries are made by the Administration.

e) Perform how many other functions are legally or regulatively attributed to you. "

Thirty-three. Articles 60 and 61, which are not contained, are deleted.

Thirty-four. Paragraph 1 (c) and point 2 of Article 63 are deleted.

Thirty-five. Article 67 (a) shall be deleted, which shall be without content.

Thirty-six. Articles 68 and 69, which are not contained, are deleted.

Thirty-seven. Article 71 is worded as follows:

" Article 71.

The regular public transport of general travellers has the character of public services of ownership of the Administration, being able to be used, without discrimination, by any person who wishes in the conditions laid down in this law and in the rules laid down for its implementation and development.

As a general rule, the provision of the aforementioned services will be carried out by the company to which the Administration awards the corresponding management contract. However, the Administration may choose the direct management of a service where it considers that it is more appropriate to the general interest according to its nature and characteristics.

As not provided for in this law, nor in the regulations of the European Union concerning public passenger transport services by road or in the regulations laid down for the implementation and development of such services. provisions, the management of the transport referred to shall be governed by the rules laid down in the general public sector procurement legislation resulting from the application of public service management contracts. "

Thirty-eight. Article 72 is worded as follows:

" Article 72.

1. In order to ensure territorial cohesion, contracts for the management of public services for the regular transport of general travellers shall be awarded by the Administration on an exclusive basis, and no other contracts may be awarded. matching traffics, except in the case of cases which are subject to a statutory exemption for reasons of general interest.

Consequently, new services that are created will not be able to include traffics that are already serviced by other pre-existing ones.

Nor will the establishment of a new service be carried out when the scarce entity of the population centers that would have to attend and its geographic proximity with those who are already being cared for by another service will not allow define significantly different traffic.

2. For the purposes mentioned in the previous point, the constitutive traffics of each service will be determined by the relation of different localities or population centers between which the transport is carried out, with the vehicles to take and leave the travelers to move between them.

Only, for the purposes of the assessment of possible coincidences, will be taken into account the stops of the pre-existing services between which they are authorized traffics at the time when the processing of the new service.

3. Before initiating the procedure for the award of a new contract for the management of a pre-existing service which includes all the traffics in the territory of an autonomous community, the General Administration of the State shall request the report of the one concerning the maintenance of the mentioned traffics within that service or its possible segregation as an independent service of autonomic competence.

4. The contract for the management of each service shall determine its term of duration on the basis of its characteristics and the time limits for the depreciation of the assets necessary for its benefit and predominantly used in the service provided by the service. contractor. In any event, in accordance with the provisions of the legislation of the European Union concerning the matter, the duration of the contracts may not exceed 10 years.

However, where necessary, taking into account the depreciation conditions of those assets, the duration of the contract may be extended for a period of not more than half of the original period. set. "

Thirty-nine. Article 73 is worded as follows:

" Article 73.

1. Contracts for the management of public passenger transport services for general use shall be awarded by means of an open procedure in which, without prejudice to Article 74.2, any employer may submit a proposal. The contracting authorities shall give the tenderers fair and non-discriminatory treatment and shall adjust their action to the principle of transparency.

However, the Administration may opt for the direct award of the contract when its average annual value, calculated in accordance with what is determined, has been estimated at less than EUR 100 000 per year. justified justification of their relevance.

2. The contract documents, which shall be drawn up in accordance with the project approved by the administration in accordance with Article 70, shall lay down the conditions for the provision of the service.

In any case, the following points shall be included in the statement:

a) The traffics that define the service.

(b) the route or infrastructure for which the service is to be carried out, where relevant.

(c) The number of transport expeditions that the contractor must perform at least.

(d) Benefits which, at least, must be received by travellers in addition to their transport and their luggage.

(e) The minimum technical, professional and economic solvency conditions which, where appropriate, the contractor must fulfil in order to ensure the proper provision of the service in question on an ongoing basis.

(f) The minimum number of vehicles that the contractor shall be assigned to the service, as well as its technical characteristics and, where relevant, its maximum age limit.

g) The minimum staff allocation that the contractor shall be assigned to the provision of the service.

(h) In the case of a service which has already been provided, the employees of the former contractor in whose employment relationship the successful tenderer must be subrogated to cover the minimum allocation referred to in the previous paragraph.

i) Fixed installations which, where appropriate, are to be provided by the contractor for the provision of the service.

j) The tariff regime for the application of passengers.

k) The right of the contractor to make, where appropriate, all or part of the income derived from the operation of the service.

(l) Other compensation to which the contractor is entitled, where appropriate, for the provision of the service, indicating the parameters on the basis of which it is to be calculated.

m) the fee or participation which, where appropriate, the contractor must satisfy the administration and the parameters on the basis of which it is to be calculated, in accordance with the criteria of proportionality, without significantly affecting the cost structure of the service.

n) The machines or tools or, where appropriate, the electronic, computer or telematic means to be provided by the contractor in order to provide the Administration with adequate control of the revenue generated by the operation of the service.

n) The contractor's commitment to submit to the arbitration of the Arbitration Boards in connection with any dispute with the users about the provision of the service.

o) The duration of the contract.

The Administration must also include in the specification all other circumstances that delimit the service and configure its service. "

Forty. Article 74 is worded as follows:

" Article 74.

1. Only variants or improvements offered by tenderers may be taken into account in the award of the contract where such possibility would have been expressly provided for in the contract.

The criteria set out for this purpose in the specification must be related, in any case, to the economic and tariff arrangements, the security, the effectiveness or the quality and frequency of the service which is the subject of the contract. In particular, environmental factors and the best integration with the network of public passenger transport services that are the backbone of the territory. The determination of the award criteria shall give preponderance to those who can be valued by means of figures or percentages obtained through the mere application of formulas laid down in the contract.

2. The successful tenderer shall, in any event, be the holder of the authorisation for public passenger transport as regulated in Article 42

3. Where the subject of a new contract is the management of a service which has already been previously provided, the former contractor shall be awarded on condition that the former contractor has successfully completed the previous contract and that the valuation attributed to your offer is the same as the best of the rest of those presented.

4. In any event, tenders which establish disproportionate or abnormal conditions, which are technically inadequate, or which do not adequately ensure the continuity of the service or its provision under the precise conditions, shall be rejected. '

Forty-one. Article 75 is worded as follows:

" Article 75.

1. The contract for the management of the public service concerned shall contain the conditions laid down in the contract, with the details or modifications offered by the successful tenderer accepted by the administration.

The contract must be formalized in an administrative document, unless the contractor requests that it be raised to public deed, running from his position, in this case, the corresponding expenses.

2. The contraaor shall provide the service under the conditions laid down in the contraa, and must also respect any other obligations which are generally laid down in this law and in the rules laid down for its implementation and development in relation to the performance of public passenger transport services of ownership of the Administration.

In any event, the contractor will be obliged to reserve, in favour of the public administration, a certain number of places on certain expeditions for the transport of students or workers to and from teaching centres or from public ownership work. In that case, the compensation received by the contractor of the Administration which reserves the places may never be higher than the amount resulting from the application of the ordinary rate of service.

3. The contract may be amended only where the contract has been provided for in the contract and detailed in a clear, precise and unambiguous manner the conditions under which it may be made.

However, the Contracting Administration may, after hearing the contractor, modify the contract for the purpose of adapting the service to the changes in the circumstances which were taken into account in the the time of their award in relation to the potential demand for the services or the need to cover new traffic arising in the vicinity of the service which are not met through other contracts or which have ceased to be the extinction of the service that was coming to them, in accordance with what Regulation shall be determined. In this case, the amendment agreement adopted by the contracting authority of the administration shall terminate the administrative route, be immediately enforceable and its compliance mandatory for the contractor.

In particular, for the purposes set out in this point, the Contracting Administration shall assess the desirability of modifying a pre-existing service when, after its inauguration, the establishment or closure of educational, healthcare or other facilities that generate significant demand for transport.

When the modification of the contract affects its financial regime, the Administration shall restore the economic equilibrium of the government, to the benefit of the contracting party concerned, in accordance with the provisions of the legislation on public sector contracts.

Whatever its cause, the modification of the contract must be formalized in accordance with the provisions of point 1.

4. Without prejudice to the labour law which is applicable to this effect, where a procedure is intended to award a new contract for the management of a pre-existing service, the specifications must be applied to the new contract. the successful tenderer is obliged to subrogate himself in the employment relationship with the staff employed by the former contractor in that provision, in accordance with the terms set out in paragraphs (g) and (h) of Article 73.2.

In this case, the contracting authority shall provide the tenderers, in the contract documents themselves or in the supplementary documentation, with the information on the conditions of the staff contracts to which the subrogation is concerned. which is necessary to enable the assessment of the labour costs involved in such a measure. For this purpose, the undertaking which is providing the service and has the status of the staff concerned shall be obliged to provide the information to the contracting authority, at the request of the contracting authority.

Such information will be provided taking into account the provisions of the Organic Law 15/1999 of 13 December on the Protection of Personal Data.

For the purposes mentioned at this point, no other staff may be taken into account than the one expressly attached to the provision of the service in the contract of management of the public service concerned, for which determination is they should be taken as the basis initially included in the relevant product specification, in accordance with the provisions of Article 73.2.

The new contractor will not be liable for the salary rights accrued prior to the effective assumption of the services, or for the Social Security, tax or any other debts incurred by the contractor. previous employer. "

Forty-two. Article 76 (1) is worded as follows:

" 1. In order to deal with traffic intensities which cannot be met by vehicles attached to the service, other vehicles may be used, either by the contractor or by other carriers, with or without a driver. through any valid legal formula.

Such vehicles shall be covered by the authorisation provided for in Article 42. "

Forty-three. Article 81 is worded as follows:

" Article 81.

1. Where there are objective reasons of general interest which justify it, and where the establishment of a new service is not feasible or appropriate, irrespective of the previously existing ones, the administration may agree to the concentration in a only contracts for all rights and obligations under different contracts for the management of public services for the regular transport of pre-existing general travellers, in such a way that the services referred to therein are provided from that moment in a unified way.

The inclusion of a contract in a concentration of such characteristics will only be possible from the end of three years of its term of validity and will cease to be so when fewer than two are missing for completion.

2. The validity of the unified contract shall be determined, in accordance with the rules laid down in law, in the light of the time limits for the contracts which are the subject of concentration, taking into account the entity of the traffics to which it is they were referred to.

3. Where the concentration provided for in this Article is carried out, the Administration may make modifications to the operating conditions which are necessary for a more adequate provision of services in a unified manner. "

Forty-four. Article 82 is worded as follows:

" Article 82.

1. Public service management contracts for the regular transport of general travellers shall be extinguished by compliance or by resolution.

2. Contracts shall be deemed to have been completed and, consequently, extinguished without the need for a resolution where the period of time has elapsed, either initially or, where appropriate, the result of the extension agreed upon in accordance with the provisions of the Article 72.4.

However, when the period of validity of a contract is completed without the procedure for the award of a new contract for the provision of the same service being completed, the former contractor must extend his management, where required by the Administration, in the terms and time limits provided for in Article 85.

3. They are causes of contract resolution:

(a) The death or incapacity of the individual contractor or the extinction of the legal personality of the contracting company.

(b) The contractor's declaration of contest or the declaration of insolvency of the contractor in any other procedure.

(c) The loss by the contractor of the public transport authorization of regulated passengers in this law, as well as the suspension of that by the causes referred to in Article 52, if the contractor does not claim to have remedied the non-compliance which resulted in the suspension within the time limit to be determined.

(d) Failure to comply with the time limit for the contractor to comply with the rules laid down or, where appropriate, expressly stated in the contract, to initiate the provision of the service after the formalization of the contract.

e) The unilateral resignation of the contractor.

(f) The breach by the contractor of the conditions set out in paragraphs (m) or (n) of Article 73.2, or the repeated non-compliance, in the terms in which it is regulated, of the conditions set out above in paragraphs (a) or (j) of the same precept, as well as that of any other condition or requirement to which the consequence has been expressly attributed in the contract.

g) The unjustified interruption of the service delivery by the contractor by the statutory deadline set or stated in the contract.

h) The mutual agreement between the Administration and the contractor.

i) Rescue of the service by the Administration, when it agrees to manage it directly for reasons of general interest.

j) The deletion of the service for reasons of general interest.

k) The impossibility of operating the service as a result of agreements adopted by the Contracting Administration after the contract.

l) Those other that are expressly set out in the contract. "

Forty-five. Article 83 is worded as follows:

" Article 83.

1. The resolution of contracts for the management of public passenger transport services for general use shall be agreed by the contracting authority, either on its own initiative or at the request of the contractor, by means of the procedure resulting from the application of agreement with the law on public sector contracts.

2. The insolvency declaration in any proceedings and, in the event of a contest, the opening of the settlement phase, shall always give rise to the termination of the contract.

The Administration may not urge the contract resolution in the event of a contractor's declaration of competition when it understands that there are realistic prospects for financial consolidation within a reasonable period of time, provided that the settlement phase has been opened and the cause of resolution referred to in Article 82.3 (c) has not been met.

3. The assumptions referred to in paragraphs (c), (d), (e), (i), (j) and (k) of point 3 of the previous Article shall always result in the termination of the contract.

4. In the case of death or incapacity of the individual contractor, the Administration may agree to the continuation of the contract with its heirs or successors, provided that they comply, or are committed to comply within the period prescribed by the contract. be determined, the requirements required of the initial contractor.

The personality of the contracting company shall not be deemed to be extinguished when it simply changes its legal form by remaining intact its economic and labour obligations.

5. The contraaor who renounces unilaterally to continue to provide the service shall, however, extend his or her management, when required by the Administration, until the procedure for the award of a new procedure has been completed. contract for the management of the service, in accordance with the terms of Article 85.

6. Where the assumptions provided for in paragraphs (f) and (g) of point 3 of the previous Article are given, the Administration may choose not to agree to the termination of the contract if it is established in the file that this could be more detrimental to the general interest that your maintenance.

However, the Administration shall initiate such cases, the procedure for the imposition of the sanction that in each case corresponds, in accordance with the provisions of this law.

7. The decision by mutual agreement may only take place where no other cause of judgment is attributable to the contraaor and in the file is accredited which, from the point of view of the general interest, is unnecessary or inconvenient by providing the service. "

Forty-six. Article 84 is worded as follows:

" Article 84.

1. The agreement on the resolution of contracts for the management of public services for the regular carriage of passengers for general use must expressly state the origin of the loss, refund or cancellation of the security provided by the contractor.

2. In any event, where the contract is settled for the reasons set out in paragraphs (c), (d), (e), (f) and (g) of Article 82 (3) or by any other person attributable to the contractor, the administration shall seize the security provided by the contraaor. must, in addition, indemnify the person for damages caused in excess of the amount of the security seized.

Regardless of the foregoing, the Administration shall, in such cases, initiate the procedure for the imposition of the sanction that in each case corresponds to the provisions of this law.

3. When the cause of the contract resolution is the contractor's declaration of contest, only the loss of the bond will be agreed upon when the said contest has been qualified as guilty.

4. Where the resolution is produced by mutual agreement, the rights of the Administration and the contractor shall be in accordance with what they are validly stipulated.

5. Where the contract is settled for the reasons set out in Article 82 (3) (i), (j) or (k), the Contracting Administration shall indemnify the contractor for the damage and damage to him.

In order to determine the amount of the compensation, account shall be taken of the future benefits that the contractor will no longer receive, taking into account the operating results that he has declared to the Administration in the last five years or in the period since the start of service delivery, where it is lower. '

Forty-seven. Article 85 is worded as follows:

" Article 85.

By way of derogation from Articles 72.4 and 73.1, in the event of an interruption of a public service for the regular carriage of passengers of general use or of imminent risk of such interruption occurring, the Administration may adopt an emergency measure in the form of a direct award or a formal agreement to extend a public service management contract or a requirement to provide certain public service obligations.

The agreement in this sense of the contracting authority of the Administration will terminate the administrative route, be immediately executive and its compliance will be mandatory for the contractor.

The duration of the contract to be awarded or the extension to be imposed in the case referred to above may not exceed two years. "

Forty-eight. Articles 87 and 88, which are not contained, are deleted.

Forty-nine. Article 89 is worded as follows:

" Article 89.

1. Regular transport of special-use travellers may be provided only where a special authorisation is provided for this purpose, granted by the Administration.

The granting of such authorizations will be carried out in accordance with what is regulated and will be conditional on the carrier having previously agreed with the users or their representatives. carrying out the transport through the appropriate contract or pre-contract.

The authorisation may only be granted to a person, natural or legal person, who has previously been the holder of the authorisation for public passenger transport as regulated in Article 42.

The authorisations for the conduct of regular transport of special use shall be granted for the period specified in the contract with the users, without prejudice to the fact that the Administration may require its visa with a periodicity in order to verify the maintenance of the conditions which justified its granting.

When the transport is contracted by any of the entities, bodies and entities that are part of the public sector, the contract must be complied with, as soon as it is not expressly provided for in this law and in the rules laid down for its development, to the rules contained in the law on public sector contracts.

2. The transport referred to in this Article may be carried out where the own vehicles are insufficient, using those of other carriers with the authorisation of public transport of regulated passengers in the Article 42, in accordance with what is regulated by law. "

Fifty. Article 90 shall be deleted, which shall be without content.

Fifty-one. Article 91 is worded as follows:

" Article 91.

Public transport authorizations will enable services throughout the national territory, without any limitation due to the origin or destination of the service.

This is the exception of both the enabling authorizations to carry out intercity passenger transport in passenger cars and those enabling them to lease vehicles with drivers, which must be to comply with the conditions which, where appropriate, are to be determined in accordance with the origin, destination or route of the services. "

Fifty-two. Articles 92 and 93, which are not contained, are deleted.

Fifty-three. Article 94 (1) is worded as follows:

" 1. The performance of the holders of licences or public transport authorisations in relation to the provision of services of a discretionary nature shall be governed by the principle of freedom of hire. "

Fifty-four. Article 95 is worded as follows:

" Article 95.

1. In the course of road transport, the legal or regulatory limits laid down in general in relation to the maximum mass of the vehicles, as well as those specifically specified for the vehicle, must be complied with. used in its circulation permit and other documentation in which it is protected for circulation.

2. In the course of road transport, the legal or regulatory limits laid down in relation to the driving and rest times of drivers which, where appropriate, are applicable, must be complied with. "

Fifty-five. Articles 96 and 97, which are not contained, are deleted.

Fifty-six. Article 98 is worded as follows:

" Article 98.

1. The authorisation of public transport of goods enables the transport of such goods under the conditions set out in Article 54.

You will also enable you to mediate in the procurement of this type of transport when the circumstances provided for in paragraphs (a) and (b) of Article 119.1 are provided.

2. During the carriage of goods, persons other than their driver and crew may be occupied by the vehicle only where the relevant driving licence and their carriage do not give rise to any remuneration. in favor of the carrier. "

Fifty-seven. Article 99 is worded as follows:

" Article 99.

1. The authorisation of public passenger transport enables both to carry out transport of this class, under the conditions set out in Article 54, and to mediate in its procurement.

However, the holders of such authorisation may only provide one of the forms of regular passenger transport defined in this law where the legal and regulatory conditions laid down for this purpose are met. this.

2. In any case, the authorisation enables to carry the luggage of the passengers occupying the vehicle used.

In addition, vehicles covered by a passenger transport authorisation may carry, in accordance with the rules of procedure, objects or orders other than the luggage of passengers, when their transport is carried out it is compatible with the characteristics of the vehicle and does not involve unjustified inconvenience or inconvenience to passengers.

3. The occasional carriage of passengers shall, as a general rule, be contracted for all the capacity of the vehicle used.

However, it may be determined, however, that exceptional circumstances may be determined in which, for reasons of proper management of the transport system, its recruitment by a single-payment slot can be accepted.

4. Outside of the cooperation scenarios provided for in this law, only passenger cars may be leased with the driver.

The leasing of passenger cars is a mode of passenger transport and their exercise will be conditional upon obtaining the corresponding authorisation, in accordance with the provisions of the Articles 42 and 43.1 and what is regulated in a specific manner in relation to that mode of transport. "

Fifty-eight. Article 102 is worded as follows:

" Article 102.

1. Complementary private transport is carried out by undertakings or other entities whose purpose is not to transport, as a necessary supplement or appropriate for the proper development of their main activity.

2. Complementary private transport must meet the following conditions together:

(a) In the case of transport of goods, they must belong to the undertaking or have been sold, purchased, given or taken for hire, produced, extracted, processed or repaired by it, constituting such sale, purchase, rental, production, extraction, processing or repair part and parcel of the company's main economic activity.

If it is a matter of passenger transport, users must be workers attached to one of the centres of the company or other persons who attend them, and in this second case the rules that will have to be fulfilled must be fulfilled. determine regulentarily.

b) The origin or destination of the transport must be one of the places where the company develops work related to its main activity.

(c) The vehicles used must be integrated into the organisation of the undertaking in the same way as those provided for in Article 54.2. In this case, the trailers and semi-trailers used must also be integrated into the organisation of the undertaking for the purposes of ownership, leasing or leasing.

(d) The drivers of the vehicles must be integrated into the organisation of the undertaking and have the ratings which, where appropriate, are relevant, in the same way as those provided for in Article 54.3.

e) Transport may not be independently contracted or invoiced. Where appropriate, their cost must be incorporated in the final price of the product or service which constitutes the principal activity of the undertaking before the value added tax is applied.

3. Where the conditions referred to in the previous point are not met, transport shall be subject to the legal system of public transport.

In order to verify compliance, sufficient documentation shall be carried on board the vehicle during the performance of the transport to demonstrate the conditions set out in paragraphs (a), (c) and (d) of the previous point. "

Fifty-nine. Article 103 is worded as follows:

" Article 103.

1. The carrying out of supplementary private transport shall be subject to the possession of an authorization to do so by the competent authority of the General Administration of the State or, where appropriate, that of the Community autonomy in which the authorization is based, when this authority has been delegated to it by the State.

As a general rule, supplementary private transport authorizations must be domiciled at the place where the holder has his tax domicile.

However, authorisations may be domiciled in a different place, where the holder of the authorisation has established that he has premises or facilities in which he carries out the part of his principal activity in respect of which he or she Complementary transport is required.

2. By way of derogation from the above point, the prior authorization to perform the following transport modes is not required:

(a) Transport having identical characteristics to those referred to in Article 42.2.

(b) Private private transport as defined in Article 101.

(c) Official transport as defined in Article 105.

(d) Transport of passengers in passenger cars, except in the case of health transport.

(e) Transport of goods in vehicles the maximum authorised mass of which does not exceed 3,5 tonnes.

(f) Funeral transport, which may be carried out freely throughout the national territory by funeral service providers, regardless of their origin or travel.

In addition, it may be exempted from the obligation to have authorization to those who perform exclusively other forms of private transport with little influence on the system, by reason of nature. of the goods transported or of the short distances travelled.

3. The exemption from the obligation to be in possession of transport authorization in the cases mentioned in this article does not exempt those who carry out the transport affected from the fulfilment of the rest of the requirements contained in this law and in the rules laid down for their development, in terms of their application, or of obtaining the permits, licences or ratings which, where appropriate, come in accordance with the legislation on safety, health or traffic, motor vehicles and road safety. '

Sixty. Article 104 (2) is worded as follows:

" 2. The same rules as those referred to in Articles 51 and 52 shall apply to the same supplementary private transport authorisations in relation to the fulfilment of the requirements laid down in the preceding paragraph and in the Article 102. "

Sixty-one. Article 106 is worded as follows:

" Article 106.

The performance of international transport services that are partially run by Spanish territory using vehicles that have not been registered in Spain will be governed by the provisions of international conventions and international agreements. provisions adopted by the international organisations of which Spain is a party which in each case is applicable. "

Sixty-two. Article 107 is worded as follows:

" Article 107.

The carrying out of transports whose origin and destination are in Spanish territory using vehicles which are not registered in Spain will only be possible to the extent that the provisions of the transport of cabotage in the rules of the European Union on access to the international market for the carriage of goods and the international market for coach and bus services, or is expressly provided for in a international convention signed by Spain. "

Sixty-three. Article 108 is worded as follows:

" Article 108.

Companies established in Spain will only be eligible to obtain qualifying certificates for international transport, the grant of which corresponds to the Spanish State, including the Community licence, when they are the holders of the regulated transport authorisation in this relevant law in each case.

The performance of the partial tranches of an international transport that run within Spanish territory using vehicles registered in Spain must be covered, in any case, by the transport authorisation regulated in this law, without prejudice to the provision of the title which, in each case, enables the complete completion of the transport in question. "

Sixty-four. Article 109, which is without content, is deleted.

Sixty-five. Article 110 is worded as follows:

" Article 110.

For the purposes of this law, the consideration of tourist transports will be carried out in the framework of the execution of a combined trip offered and contracted in accordance with what is established in the legislation on the protection of consumers and users in relation to this type of travel.

In addition, those other who, without having a duration of more than 24 hours and not including an overnight stay, will be offered through travel agencies, or other intermediaries. recognised by the specific legislation on tourism, and are provided in conjunction with other complementary services of a tourist nature, such as maintenance, tour guides or similar services. "

Sixty-six. Article 111 is worded as follows:

" Article 111.

Where any of the displacements referred to in a combined travel offer involve the use of a public service for the regular carriage of passengers by road for general use, the offer may not change the the conditions for the provision of the transport referred to in the public service management contract to which it is carried out.

In relation to the other cases, a special scheme which harmonises the general rules for the application of discretionary transport with the special features of the provision may be laid down. of the set of services that make up a combined journey. "

Sixty-seven. Article 119 is worded as follows:

" Article 119.

1. Those who intend to mediate in the procurement of goods by road, whether in the form of a transport agency, a freight forwarder, a distributor, a logistics operator or any other, must obtain authorization from transport operator.

However, they shall not be required to obtain such authorisation to mediate in the procurement of goods transport:

(a) holders of public transport authorisations for goods which have been accredited for obtaining requirements which, taken together in accordance with the rules laid down by law, are equal or greater than the required for obtaining the transport operator authorization.

(b) holders of public transport authorisations for goods which are limited to the use of the cooperation of other carriers in order to meet transport requirements which exceed their own transport capacity, in the terms that are regulated to be determined.

(c) The cooperatives of carriers and marketing companies, as long as their intermediation is limited to the marketing of the transports provided by those of their partners who are holders of authorization of Transport of goods.

2. The granting of the authorization of a transport operator shall be conditional on the fulfilment of similar requirements as to those required for the public transport of goods, with the adjustments which it is necessary to regulate. determine the nature of the activity to which it relates.

Similar rules shall also apply to those established in relation to the validity and visa of public transport authorizations for goods.

3. The authorisation of a transport operator shall enable its holders to mediate in the procurement of both domestic and international transport.

The holders of the transport operator authorization must contract in their own name with both the service claimant and the carrier who is to perform it.

The conditions mentioned in this point shall also apply to the intermediation which, if necessary, carry out the holders of transport authorizations and the cooperatives and marketing companies to which it does reference point 1. '

Sixty-eight. Article 120 is worded as follows:

" Article 120.

For the purposes of this law, transport agencies are considered to be specialized companies to mediate in the hiring of goods transports, as an auxiliary organization between the users and the carriers.

In the exercise of their activity, the agencies will be able to carry out all the previous actions of management, information, supply and organization of loads and services necessary to carry out the transport of the transports. "

Sixty-nine. Article 121 is worded as follows:

" Article 121.

For the purposes of this law, it is considered as a freight forwarder for companies specialized in organizing, for hire, international transport of goods, receiving goods as consignors or giving them to those who have transport them and, where appropriate, carrying out the administrative, fiscal, customs and logistical arrangements inherent in that class of transport or intermediary in their procurement. "

Seventy. Article 122 is worded as follows:

" Article 122.

For the purposes of this law, it is considered logistic operators to the companies specialized in organizing, managing and controlling, for hire, the operations of supply, transport, storage or distribution of goods that are required by their customers in the development of their business activity.

In the exercise of its function, the logistics operator may use its own or foreign infrastructure, technology and means. "

Seventy-one. Article 123 is worded as follows:

" Article 123.

For the purposes of this law, distributors are considered to be distributors to companies specializing in acting as non-foreign-owned depositories who, in addition, are responsible for distributing or managing their distribution, according to instructions received from the depositor.

In the exercise of its function, the storekeeper may carry out other tasks such as consolidation or rupture of loads, management of stocks or other tasks which are preparatory or complementary to transport and distribution of the stored goods. "

Seventy-two. Articles 125 and 126, which are not contained, are deleted.

Seventy-three. Article 127 is worded as follows:

" Article 127.

1. The purpose of the passenger transport stations is to concentrate the departures, arrivals and transits of the public transport vehicles, by providing or facilitating the development of preparatory and complementary services. transport to users and carriers.

2. The transport and logistics centres of goods welcome in their enclosure a set of services and facilities aimed at facilitating the development of transport, logistics and distribution of goods, integrating it with the other preparatory or complementary to those.

3. Passenger transport stations and freight transport and logistics centres shall only reach such consideration when they are managed by a single person or entity, public or private, and meet the conditions and requirements established regulentarily.

In no case shall the consideration of station or center be attributed to grounds or facilities intended solely for garage or parking of vehicles. Nor shall this consideration be given to the grounds on which a number of carriers or ancillary and complementary transport undertakings are located or which carry out activities annexed to them, solely because of their proximity, if the Common facilities, equipment and services are not the subject of a unified management under the direction of a single entity. '

Seventy-four. Article 134, which is without content, is deleted.

Seventy-five. Article 137 (2) is worded as follows:

" 2. Conditions relating to the supporting documentation of the lease of driverless vehicles may be laid down, in order to ensure the existence of the contract, its duration and other circumstances to be determined the legitimacy of the use of the vehicle by the lessee. '

Seventy-six. A point 4 is added to Article 138, with the following text:

" 4. By way of derogation from points 1 and 2 of this Article, the persons referred to in points 1 and 2 shall not be liable for offences committed in relation to driving and rest times for drivers or for handling, distortion, or misuse of the tachograph, when they prove that the facts which determined them constituted a very serious lack of indiscipline or disobedience committed by one of his drivers which resulted in him being the subject of one of the sanctions that the legal provisions or the collective agreement applicable to this class of faults, always that the penalty has been declared by a firm judgment or has not been the subject of a judicial complaint by the worker within the time limit laid down for that purpose.

This exemption will not be taken into account when the disciplinary penalty to the driver involved does not go beyond the postponement or disablement for promotions in the company. "

Seventy-seven. Article 140 is worded as follows:

" Article 140.

Very serious violations will be rejected:

1. The carrying out of public transport without the enabling title which, where appropriate, is mandatory for the provision of such transport in accordance with the provisions of this law and the rules laid down for its implementation and development.

When carrying out the transport concerned requires more than one enabling title, the lack of any of them will be a constituent of this infringement, even if the others are available.

The criminalized infringement shall not be assessed at this point where the facts are to be deemed to be minor infraction in accordance with the provisions of Article 142.1.

2. Procurement as a carrier or billing on behalf of transport services without prior authorisation of transport authorisation holder or transport operator.

In any event, those who, even if they are members of a legal person holding a transport authorisation or a transport operator, are engaged or invoiced in their own name for the provision of transport services to third parties or to the legal person of which they are a party without being themselves, in turn, holders of such authorisation.

The criminalized infringement shall not be assessed at this point where the facts are to be deemed to be minor infraction in accordance with the provisions of Article 142.1.

3. The lease of a vehicle where it is accompanied by the provision of driving services or any other form of transfer of the use of a vehicle the holder of which provides driving services to the transferee.

The Landlord or transferor as well as the tenant or transferee will incur this infringement.

This violation will not occur when the lessor or transferor is the holder of the transport authorization that in each case corresponds.

4. The assignment, express or tacit, of enabling titles by their holders in favor of other persons.

5. The organisation or establishment of a regular transport of passengers for general use without having been contracted by the competent authority to manage a public service of such characteristics, irrespective of whether the means used are either own or foreign.

6. The individualised sale of passenger transport places, as well as the provision or sale of services integrated in a series of expeditions which are, in a repeated, pre-established form, where no other rating is held than the authorisation of transport regulated in Article 42.

In this same infringement, those who provide tourist services will not comply with the conditions laid down for this purpose.

7. The falsification of any of the titles which they enable for the exercise of the activities and professions governed by this law and the rules laid down for its implementation and development or any of the data to be recorded in those rules.

The liability for such infringement shall be for persons who have falsified the title, or have collaborated in their falsification or marketing, in the knowledge of the unlawful nature of their performance, and used to cover up transport or unauthorized activities.

8. The distortion of the documents to be provided as a requirement for obtaining any title, certification or document to be issued by the Administration in favour of the applicant or any of the data required record in those.

9. The distortion of any accounting, statistical or control documents which the undertaking is obliged to carry out or of the data in the accounts.

10. The handling of the tachograph, the speed limiter or any of its elements, as well as the handling of other instruments or means of control which are required to be fitted to the vehicle in order to alter its operation or modify their measurements.

In this same infringement, those who install any kind of mechanical, electronic or other elements for the same purpose, even if they are not in operation at the time of the inspection.

The liability for this infringement shall, in any case, be the responsibility of the carrier who has the device or instrument handled in his or her vehicle and, likewise, those persons who have handled or collaborated in his/her vehicle. installation or marketing.

11. The distortion of the conditions which determined that a company would benefit from an exemption from liability referred to in Article 138.4.

12. Refusal or obstruction of action by the Land Transport Inspection Services or by the forces responsible for the surveillance of transport which make it impossible in whole or in part to exercise the functions which are legal or (a) regulations have been attributed, as well as total or partial neglect of their instructions or requirements or the violation of the order to immobilize a vehicle.

In any event, any company whose owners, employees, auxiliaries or dependents deny or hinder the access to the staff of the inspection services to the premises or vehicles in which they are located, will incur this infringement. The company's documentation or documentation must be deposited with the company.

In the case of requirements relating to the enforcement of driving and rest time legislation for drivers, a different offence shall be deemed to be committed for each vehicle or driver from which it is not provide the requested documentation or contribute in such a way as to make your control impossible.

13. The completion of inland transport in Spain with vehicles registered abroad in breach of the conditions defining cabotage operations in accordance with the provisions of the European Union regulations for which it is establish common rules for access to the international road haulage market or establishing common rules for access to the international market for coach and bus services, even if those rules do not Community license holder.

14. The interruption of the services referred to in the contract for the management of a public service for the regular transport of passengers for general use, without the consent of the Administration or any other cause to justify it, during the period which Regulation is determined.

15. The carrying out of transport, loading or unloading of dangerous goods where one of the following conditions is present:

15.1 Do not report on the immobilization of the vehicle due to an accident or serious incident, or not to take the safety and security measures that correspond to such cases, except in cases where this is impossible result.

15.2 Use tanks that leak.

15.3 Certificate of approval of the vehicle issued by the competent body, where it is established that it complies with the regulations governing the transport to which it is intended, as well as to carry out such an expired certificate or to bear a certificate other than that required for the goods transported.

15.4 Transporting bulk goods when this is not authorized by the applicable specific regulation.

15.5 Use vehicles, tanks or containers that lack panels, plates or hazard labels or, where appropriate, any other signs or marks that may be required, as well as unreadable.

15.6 Transporting goods by road when it is not permitted to do so.

15.7 Use vehicles or deposits other than those prescribed in the rules governing the carriage of the goods in question.

In any event, the use of cisterns, battery vehicles or multiple-element gas containers whose use is not permitted for the transport of the dangerous goods in question shall constitute such infringement.

15.8 Do not carry on board the vehicle a transport document covering all the goods carried, or carry it without indicating which are the goods.

15.9 Transporting goods without permission, special authorization or prior authorization, which, if necessary, is necessary or in breach of the conditions specified therein.

15.10 Failure to comply with the smoking ban specifically outlined in the legislation on the transport of dangerous goods.

15.11 Not to identify the transport of dangerous goods on the outside of the vehicle.

15.12 Use non-protected fire or lights, as well as portable lighting devices, with surfaces capable of producing sparks.

15.13 Consignate improperly in the transport document the goods transported.

15.14 Failure to comply with the rules on the degree of filling or on the limitation of the quantities to be transported per transport unit.

15.15 Use vehicles, tanks or containers with panels, plates, hazard labels or any other signs or marks that are not suitable for the goods transported.

15.16 Enforce common packaging rules in one package.

15.17 Failure to comply with common loading bans on the same vehicle.

15.18 Use packaging or packaging not authorised by the rules applicable to the transport of the goods in question.

The use of unapproved packaging or packaging that is seriously damaged or leaking or which does not have any of the required technical requirements shall be considered to be included in this infringement.

15.19 Transporting, loading or unloading dangerous goods when companies involved in such operations do not have the required security adviser or have one that is not enabled to act as such in relationship to the subject matter or activity in question.

The responsibility for the commission of the offences referred to in this point shall be:

(a) To the carrier, for the offence referred to in paragraph 15.1.

(b) To the carrier and the charger, for the offences defined in paragraphs 15.2, 15.3, 15.4 and 15.5.

(c) The carrier and the charger or consignor, as the case may be, for the offences listed in paragraphs 15.6, 15.7, 15.8, 15.9, 15.10 and 15.11.

(d) The carrier, the loader and the downloader, for the offence defined in paragraph 15.12.

e) To the charger or consignor, as the case may be, for the offences listed in paragraphs 15.13, 15.14, 15.15, 15.16, 15.17 and 15.18.

(f) To the undertaking required to have a security adviser, for the offence referred to in paragraph 15.19.

For the purposes specified in this point and in Articles 141.5 and 142.7, the consideration of the consignor shall be the natural or legal person for whose order and account the dangerous goods are sent and listed as such in the a transport document, irrespective of whether it is the same or a third party to the consignee of the goods thus issued. The natural or legal person who carries out or is responsible for carrying out the loading or unloading of the dangerous goods shall be deemed to be a charger or a discharger.

16. The carrying out of public transport activities or the intermediation in their recruitment, in breach of any of the conditions required for obtaining and maintaining the authorization which, if any, is required, except in those cases where the non-compliance is the case referred to in paragraph (f) of Article 43.1.

In any event, those who do not communicate to the Registry of Companies and Transport Activities the change of their domicile or the location of their operating centers or the premises of which they must have access to the effects of compliance with the requirement of establishment.

17. The procurement of transport services by carriers, transport agencies, freight forwarders, distributors-distributors, logistics operators or any other transport professional with non-carriers or transport operators authorized.

In any case, the professional legal person dedicated to the transport that contracts to some of the persons who integrate it to carry out a transport service, or to pay the bills that you are they issue for such a concept, where such persons are not, in turn, holders of a transport authorisation or a transport operator.

18. The performance of public or private transport using drivers without the certificate of professional competence or the qualification card (CAP) in force.

19. Failure to comply with the obligation to subscribe to the insurance required by Article 21.1 or to have it subscribed with insufficient coverage.

20. The lack of the tachograph, the speed limiter or any of its elements, as well as the lack of other instruments or means of control which are required to be fitted to the vehicle.

In this same violation, those who have installed the tachograph do not use it or have an unapproved tachograph installed.

21. The significant lack of record sheets or data recorded in the tachograph or driver cards that there is an obligation to keep at the company's headquarters.

Record retention shall be considered to be included in this infringement without complying with the field structure or the extension of the regulated file.

22. Do not carry the driver card or the record sheet of driving and rest times inserted in the tachograph, where this is due, or incorrect, as well as the use of a card from another driver, a record sheet with the name or surname other than the driver's name or insert a card which should not be used for having issued a subsequent duplicate.

The failure to record data in a record sheet or print document of driving and rest times shall be deemed to constitute a breach of this infringement, where the rules of the European Union the matter is attributed to you by the consideration of a very serious infringement.

23. The excess of 25% or more of the maximum mass or equal to or greater than 50% of the maximum mass per axle authorised by the vehicle concerned.

These percentages will be reduced to 20 percent and 40 percent, respectively, when the maximum mass authorized by the vehicle is greater than 12 tons.

When the vehicle is covered by a special authorisation which allows it to circulate with a mass greater than that which would otherwise correspond to it, the above percentages must relate to the maximum mass indicated in the such special authorization.

Where the total maximum mass of the vehicle is exceeded, the liability for the infringement shall be the responsibility of both the carrier and the charger, the consignor and the intermediary who have intervened in the transport or its procurement, unless one of them proves that it is not imputable to it.

When the maximum mass per axle is exceeded, the liability shall be the responsibility of the person who made the stowage of the goods on board the vehicle or under whose instructions the vehicle was made.

In the transport of parcel and removals, responsibility shall not be required of the charger or the consignor for the excess over the authorised mass, unless it is proved that his/her performance was decisive for that.

24. The use in the tachograph of record sheets or driver cards that are stained or damaged in such a way as to prevent the reading of the recorded data.

25. The use of the same record sheet of driving and rest times for a period of time exceeding that which corresponds to, where it has resulted in an overlap of records preventing its reading.

26. Incorrect use of the tachograph activity selector.

27. The provision of public services for the regular transport of general travellers when any of the following conditions are met:

27.1 The lack of operation of the service by the Administration's own contractor, except for expressly permitted collaboration assumptions.

27.2 Failure to comply with the traffic or the minimum number of dispatches established in the public service management contract in question, where it is not to be qualified in accordance with the provisions of paragraph 14 of this Article Article.

27.3 Deny the sale of tickets or the access to the vehicle to those who have acquired them, unless it is legally or legally established to justify it.

This infringement will also be incurred if certain categories of users, or those intending to access the service in certain localities or geographical areas, are prevented from acquiring or booking tickets by any of the users. procedures used by the undertaking in general, or are treated in a discriminatory manner with respect to other users in connection with such acquisition or reservation.

27.4 The performance of the service unjustifiably transhipping users during the journey.

27.5 Failure to comply with the tariff regime provided for in the public service management contract in question.

27.6 Failure to comply with the conditions of accessibility for vehicles established in general for all public services for the regular carriage of passengers by road for general use or specially designated in the specification or contract of the service in question.

In addition, the contractor company of the service whose personnel prevent or hinder the use of persons with disabilities will be involved in this infringement, even if there is no obligation for the vehicles to be adapted for this, provided that, in the latter case, such persons provide the means necessary for them to access and leave the vehicle and to settle in an ordinary place.

28. The carrying out of regular public transport of passengers of special use in breach of any of the conditions laid down in the relevant authorisation with the character of essential, where such non-compliance is not expressly found otherwise typified in this law.

29. In the case of transport of special use by schoolchildren and minors, the absence of an appropriate person of age, other than the driver, who is aware of the operation of the vehicle's safety mechanisms, which is responsible for the care of minors, this is mandatory.

30. In the transport of special use of schoolchildren and minors, the lack of seating or seating for each child as well as the lack of places close to the service doors that are necessary for persons with reduced mobility.

31. The procurement of land transport services of goods by carriers, transport agencies, freight forwarders, distributors, logistics operators or any other transport professional in breach of the the obligation to do so on its own behalf, as well as the procurement of public services for the regular transport of passengers for general use as a carrier by whom it is not entitled to do so.

32. The carrying out of the carriage of goods or passengers ' discretion in breach of the conditions laid down in Article 54.

In the same infringement, companies or persons acting as collaborators shall incur any breach of their obligations.

33. The unsuited operation imputable to the tachograph carrier, the speed limiter or any of its elements, as well as that of other instruments or means of control which are required to be fitted to the vehicle, if not be qualified as referred to in point 10 of this Article.

34. The use of the tachograph without having carried out its calibration or periodic review within the prescribed time and time, having been repaired in an unauthorised workshop or lacking the required seals or plates.

35. The absence on board of the vehicle of the registration sheets of the driving and rest times already used or of the printing documents which it is mandatory to carry, irrespective of the type of tachograph, analogue or digital, which is using.

In the same infringement, the driver's card is not carried on board the vehicle, even if an analogue tachograph is being used, when it is necessary to assess the driving conditions during the vehicle. Previous period payable.

36. Failure by a centre of any of the conditions which were required to obtain the enabling authorisation to provide courses required for the attainment or maintenance of any of the qualifications governed by the rules of ordering of transport.

37. Failure to comply with applicable legislation on driving and rest times for drivers in the following cases:

37.1 The excess equal to or greater than 50 percent in the maximum daily driving times, as well as the decrease in daily breaks below four and a half hours.

37.2 The excess equal to or greater than 25 percent in the maximum weekly or biweekly driving times.

37.3 The excess over two hours in the maximum daily driving times, unless it is to be qualified in accordance with paragraph 37.1.

37.4 Driving for more than six hours without respecting the statutory breaks required.

37.5 The decrease in normal daily rest by more than two and a half hours or reduced or split in more than two hours, even when driving on equipment, unless it is to be qualified in accordance with the provisions of the paragraph 37.1.

37.6 The decrease in the normal weekly rest by more than nine hours or the decrease in more than four hours.

38. The carriage of objects or orders other than the luggage of passengers under an authorisation for the public transport of passengers, in breach of the conditions which may be required in accordance with internal or international rules which are applicable. "

Seventy-eight. Article 141 is worded as follows:

" Article 141.

Serious violations will be rejected:

1. Failure to comply with the obligation to return to the Administration a transport authorization or license, any of its copies or any other documentation when, for having been revoked or for any other legal or regulatory cause set, it should have been returned, provided that the document in question retains the appearance of validity.

2. The excess of 15 and less than 25 per cent of the maximum mass or greater than or equal to or greater than 30 and less than 50 per cent of the maximum mass per axle authorised by the vehicle in question.

These percentages shall be reduced, respectively, to 10% and 20% on the total maximum mass and to 25% and 40% on the maximum mass per axle, when the maximum mass of the vehicle authorised is greater than 12 tonnes.

For the purposes of liability, the rules set out in Article 140.23 shall apply.

3. Not to pass the periodic review of any instrument or means of control which has the obligation to carry on the vehicle, within the time limits and in the form laid down, where there is no serious breach of infringement in accordance with the provisions of the Article 140.34.

4. The obstruction which seriously hinders the performance of the Land Transport Inspection Services or of the forces responsible for the surveillance of transport where none of the cases which, as referred to in paragraph 12 above, is present. Article 140 would mean that a very serious infringement would be considered.

In the case of requirements regarding compliance with the legislation on driving and rest times for drivers, a different offence will be considered for each vehicle or driver from which it is supplied. the documentation requested in time and form other than that required.

5. The carrying out of transport, loading or unloading of dangerous goods where one of the following conditions is present:

5.1 Do not carry on board written instructions that are required.

5.2 Failure to comply with the rules of application or the corresponding written instructions on the equipment of the vehicle or crew members.

5.3 Carage of the extinguishers that are mandatory depending on the vehicle or the load carried, or have some whose correct use is not guaranteed.

5.4 Transporting travellers into units carrying dangerous goods outside the assumptions in which the regulatory standards of this type of transport permit.

5.5 Transporting dangerous goods into passenger vehicles in quantities not allowed.

5.6 Use packages or cisterns in the transport that are not properly closed, even when the latter are empty if they have not been cleaned up previously.

5.7 Transporting bundles of merchandise into a container that is not structurally appropriate.

5.8 Carage of the cistern cleaning certificate in cases that is required.

5.9 Failure to comply with the provisions on test dates, inspection and time limits for the use of packaging and packaging or containers.

5.10 Transporting dangerous goods into damaged packaging or packaging, where a very serious infringement is not to be considered in accordance with the provisions of Article 140.15 (18).

5.11 Not to record in the transport document any of the data which must be included in it or to do so inadequately, where it is not to be considered a very serious infringement in accordance with the provisions of paragraphs 8 and 13 of the Article 140.15.

5.12 Label or inadequately mark the packages.

5.13 Incompliance with the obligation to connect to the ground the cistern vehicles during the loading or unloading manoeuvres, when required.

5.14 Do not perform checks on loading or unloading plants that are mandatory before, during or after loading.

5.15 Incompliance with security advisors with their specific regulations.

5.16 Incompliance with the obligation to forward the annual report and the accident parties to the competent authorities.

5.17 Incompliance with the obligation to keep annual reports during the legally established deadline.

5.18 Not to provide workers involved in the handling of dangerous goods with adequate training to prevent occasional risks.

The responsibility for the commission of the offences referred to in this point shall be:

(a) To the carrier for the offences defined in paragraphs 5.1, 5.2, 5.3, 5.4 and 5.5.

(b) The carrier and the loader for the offences defined in paragraphs 5.6 and 5.7.

(c) The carrier and the loader or loader, as the case may be, for the offence defined in paragraph 5.8.

d) To the loader for the offences defined in paragraphs 5.9 and 5.10.

e) To the charger or consignor, as the case may be, for the offences listed in paragraphs 5.11 and 5.12.

f) To the loader or downloader for the offences defined in paragraphs 5.13 and 5.14.

g) A company required to have a security adviser for the infringement as defined in paragraphs 5.15, 5.16 and 5.17.

h) To the undertaking of the person dependent on the workers for the offence referred to in paragraph 5.18.

6. The use of enabling securities under conditions other than those established in general or specifically mentioned in the title itself, unless the non-compliance with those conditions is already clearly defined in the title law.

7. The supply of transport services without the enabling title required to be carried out or to be intermediate in their procurement, whether individually to a single recipient or made public for general knowledge through of any media.

8. The lease of vehicles with a driver outside the offices or premises that are regulated by regulation, as well as the search or collection of customers who have not previously been hired.

In this same infringement, those lessor of vehicles with drivers who fail to comply with the limitations that define the usual service provision in the territory in which the authorization is located in the which are covered.

9. The performance of public or private transport using the services of a person who requires the third-country driver's certificate for the driving of the vehicle, lacking or failing to comply with any of the conditions they gave place of dispatch.

10. The provision of a public service for the regular carriage of general travellers in breach of any of the conditions or obligations imposed on the contractor in the relevant management contract, where there is no serious breach of the contract in accordance with the provisions of points 14 or 27 of Article 140.

In addition, the service contractor who fails to comply with the obligation to transport passengers ' luggage free of charge in the cases and up to the limit where this is mandatory, will also incur this infringement.

11. The use of registration sheets for non-approved driving and rest times or which are incompatible with the tachograph used.

12. The lack of data entry in a record sheet or print document of driving and rest times, where the rules of the European Union regulatory for the matter attribute the consideration of a serious infringement to it.

13. The non-significant lack of registration sheets, printing documents or data recorded in the tachograph or in the drivers ' cards that there is an obligation to keep at the company's headquarters at the disposal of the Administration.

14. The conduct of private transport without the authorisation, certification or licence, which, where appropriate, is required to do so in accordance with the rules of land transport.

The infringement provided for at this point shall not be assessed where the facts are to be deemed to be minor in accordance with the provisions of Article 142.1.

15. The sale of tickets for unauthorised passenger transport services, unless a very serious infringement is to be recognised, in accordance with points 5 or 6 of Article 140.

In addition, the holders of industries or services which, while not yet outside the transport sector, will allow such tickets to be sold at the premises or establishments in which they operate.

16. The carrying out of inter-urban public transport of passengers in passenger cars when one of the following circumstances arises:

16.1 Having started service on an unauthorized municipal term.

16.2 Incompliance with the charging regime that is applicable.

17. Lack, lack of due diligence or lack of essential data from the control, statistical or accounting documentation whose completion is mandatory.

Likewise, the concealment or lack of preservation of such documentation, as well as its lack of communication to the Administration or the unjustified delay in such communication, will be constitutive of such infringement, failing to comply with the the effect is determined by regulation.

In the same infringement, those companies that lack the document in which the users ' complaints are required to make use of the document, who deny or hold back their use or hide their content or delay, will incur the same infringement. unjustifiably its communication to the Land Transport Inspection Services which are in each case competent.

The infringement established at this point shall not be assessed where the facts found are to be deemed to be very serious in accordance with the provisions of Article 140 (12), (21), (22) or (35) or to qualify as indicated in points 9 or 10 of this article.

18. The departure of vehicles engaged in the lease with the driver of the place where they are habitually kept or parked without carrying on board the required documentation or having been incorrectly completed.

19. The disservice by the recipient of a transport of goods of the requirement to be issued by a Transport Board of Arbitration to make available to them the goods which it would have received, if they are deposited in execution of the provisions of Article 38.3.

20. The provision of courses which are required for the procurement or maintenance of any of the qualifications covered by the rules for the management of transport, where any of the following circumstances arise:

20.1 That teachers do not meet the specific qualification or training conditions required to deliver the relevant subject matter.

20.2 That the imparted course does not conform to the previously approved model.

20.3 That the course taught does not conform to the characteristics of the one that was communicated to the competent administrative body.

20.4 That the competent administrative body has not been brought to the attention by the means and within the time limit laid down for this purpose, that the teacher or the subject matter does not coincide with those which had initially been statements.

20.5 That the competent administrative body has not been brought to the attention of the competent administrative body by the means and within the time limit provided for this, the lack of unjustified assistance of 50% or more of the students enrolled in the course.

21. The carrying out of transport of foodstuffs or perishable goods by means of a vehicle without the certificate of conformity for the transport of perishable goods or having it expired or distorted.

The responsibility for the commission of this infringement will be for both the carrier and the shipper.

22. The procurement of transport services by shippers or regular users with non-authorised carriers or transport operators, where it is not to be deemed to be very serious in accordance with the provisions of Article 140.17.

23. The provision of passenger transport services with vehicles which do not comply with the technical requirements for the accessibility of persons with reduced mobility which, in each case, result in them being applied, unless there is a very serious breach serious in accordance with the provisions of Article 140.27.6.

24. Failure to comply with the applicable legislation on driving and rest times for drivers in the following cases, unless a very serious infringement is to be found in accordance with the provisions of point 37 of the Article 140:

24.1 The excess over sixty hours in the maximum weekly driving time or a hundred in the biweekly.

24.2 The excess over an hour in the maximum daily driving times.

24.3 Driving for more than five hours, although not exceeding six hours, without respecting the statutory breaks required.

24.4 The decrease in normal daily rest, reduced or split in more than one hour.

24.5 The decrease in normal weekly rest by more than three hours or reduced by more than two hours.

25. Any of the offences referred to in the preceding Article, where by their nature, occasion or circumstance, must not be regarded as very serious, the existence of such circumstances must be justified and the judgment given corresponding. "

Seventy-nine. Article 142 is worded as follows:

" Article 142.

Mild violations will be rejected:

1. The carrying out of public or private transport, as well as the hiring or billing on behalf of transport services, lacking the authorisation or licence which, where appropriate, is required, provided that it is established that at the time of their performance or contract, all of the requirements for obtaining them were met and that it has been requested within 15 days of the notification of the initiation of the sanctioning file.

2. Excess of more than 5 and less than 15 per cent on the maximum mass or greater than 20 and less than 30 per cent on the maximum mass per axle authorised by the vehicle in question.

These percentages shall be reduced, respectively, to 2,5 and 10 per cent on the total maximum mass and to 15 and 25 per cent on the maximum mass per axle, when the maximum mass authorised by the vehicle is greater than 12 tonnes.

For the purposes of liability, the rules set out in Article 140.23 shall apply.

3. The use of record sheets of the driving and rest times stained or damaged when, however, the recorded data are legible; the use of leaves for a period longer than that for which it is intended, when there has been no data loss, and the unauthorised removal of such sheets when it does not affect the data recorded.

The lack or inadequacy of the role in which the activities of drivers registered by the digital tachograph should be printed should also be considered to be included in this infringement, where there is no serious breach of conformity with the provisions of Article 140,22.

4. The lack of data entry in a record sheet or print document of driving and rest times, when the rules of the European Union regulatory for the matter attribute the consideration of a minor infringement to it.

5. The absence of any sign or notice whose display for public knowledge is mandatory.

6. Non-compliance in the intercity transport of passengers hired per square with individual payment of the obligation to issue the corresponding transport titles to the users or the rules laid down for their dispatch or return; or issuing them in breach of any other conditions required.

7. The transport of dangerous goods when one of the following conditions is present:

7.1 Do not carry on board the documents relating to the vehicle which are mandatory, possessing them, when there is no need to repudiate very serious infringement in accordance with the provisions of Article 140.15 (3).

7.2 Use panels, plates, labels, marks, letters, figures, or symbols whose size does not conform to the required size.

7.3 Do not carry on board the vehicle a photo identification document for each crew member, when required.

7.4 Do not properly handle danger plates, panels, or labels.

7.5 Use transport or accompanying documents in which all mandatory information has not been given, where serious or very serious infringement is not to be considered in accordance with the provisions of paragraph 11 of the Article 141.5 and paragraphs 8 or 13 of Article 140.15.

7.6 Not to include in the annual reports or in the parts of accidents any of the data required by the current regulations.

7.7 Failure to communicate to the competent bodies the identity of the security advisers with which the company and its areas of responsibility are responsible.

7.8 Do not keep annual reports during the statutory period, provided that they have been referred to the competent bodies.

7.9 Rissue to the competent authorities the annual report or the parts of the accident outside the prescribed time limits.

The responsibility for the commission of the offences referred to in this point shall be:

(a) To the carrier for the offences listed in paragraphs 7.1, 7.2, 7.3 and 7.4.

b) To the loader or consignor, as the case may be, for the violation typified in paragraph 7.5.

(c) A company required to have a security adviser for the offences listed in paragraphs 7.6, 7.7, 7.8 and 7.9.

8. The carrying out of public or private transport without carrying on board the vehicle the formal documentation certifying the legal possibility to lend them or that is required for the determination of the type of transport being carried out, except that the offence is to be classified as very serious or serious in accordance with Articles 140.1 and 141.14.

The breach of the obligation for such documentation to be in place visible from the outside of the vehicle shall also be considered to be included in this infringement, in cases where this is expressly required in the case of the vehicle. regulatory provisions of the mode of transport in question.

9. The leasing of driverless vehicles in breach of the conditions to be determined, unless a very serious infringement is to be recognised in accordance with the provisions of Article 140.3 or 140.32.

10. The conduct of regular public transport of special-use travellers in breach of any of the requirements laid down in the relevant authorisation without giving them essential character.

11. The inconsiderate treatment of word or work with the users by the staff of the company in the transport of passengers.

12. In the case of school and child transport, failure by the contracting entity to require the carrier to require the documents or supporting documents to be required in accordance with the rules governing the safety of the carrier transport.

13. In the case of the carriage of passengers, the lack of change of metallic coins or banknotes up to the amount which, where appropriate, is regulated as determined.

14. The non-compliance by the users of the passenger transport of the following prohibitions:

14.1 Prevent or force opening or closing of vehicle access doors.

14.2 Manipulate the mechanisms for opening or closing the doors of access to the vehicle or any of its compartments intended for exclusive operation by the carrier's personnel.

14.3 Make use without justified cause of any of the safety or relief mechanisms installed in the vehicle for emergency cases.

14.4 Abandon the vehicle or access it outside of the stops where applicable, except for justified reasons.

14.5 Perform, without justified cause, any act likely to distract the driver's attention or hinder his work when the vehicle is in motion.

14.6 Travel in places other than those enabled for users.

14.7 Travel without a sufficient degree of transport to protect the use of the service in question.

14.8 Any unjustified action that may involve deterioration or cause dirt on vehicles or transport stations.

15. The provision of courses which are required for the attainment or maintenance of any of the qualifications governed by the rules on the organisation of transport, without having been brought to the attention of the competent administrative body, by the means and within the time limit laid down for this purpose, the absence of any unjustified assistance of 25% or more of the students enrolled in the course, unless serious infringement is to be recognised in accordance with Article 141.20.

16. The carrying out of transport of perishable goods without carrying on the vehicle the identification marks and the regulatory indications or taking them in places other than those established.

The liability for the commission of the offences referred to in this point shall be the responsibility of the carrier or, where applicable, the holder of the vehicle.

17. Any excess in the maximum driving times, as well as the reduction of rest periods, unless serious or very serious infringement is to be considered in accordance with the provisions of Articles 141.24 or 140,37.

18. Lack of communication of any data or circumstances that must appear in the Register of Companies and Transport Activities or that there is an obligation for another cause to bring to the attention of the Administration, when there is no need to repudiate very serious in accordance with the provisions of Article 140.16.

19. Any of the offences referred to in the previous Article, where, by reason of their nature, occasion or circumstances, must not be regarded as serious, the existence of such circumstances must be justified and the judgment given corresponding. "

Eighty. Article 143 is worded as follows:

" Article 143.

1. The penalties for offences listed in the preceding articles shall be graduated in accordance with the social impact of the act in breach and its intention, with the nature of the damage caused, with particular attention to those affecting the conditions of competition or security; with the extent of the benefit unlawfully obtained, and with the recidivism or habituality in the offending conduct, in accordance with the rules and within the following forks:

(a) The infringements provided for in points 13, 14, 15, 16, 17 and 18 of Article 142 shall be punishable by a fine of EUR 100 to 200.

(b) The infringements referred to in Article 142 (8), (9), (10), (11) and (12) shall be punishable by a fine of EUR 201 to 300.

(c) The infringements referred to in Article 142 (1), (2), (3), (4), (5), (6) and (7) shall be punishable by a fine of EUR 301 to 400.

(d) The infringements provided for in points 17, 18, 19, 20, 21, 22, 23 and 24 of Article 141 shall be punishable by a fine of 401 to EUR 600.

(e) The offences provided for in points 8, 9, 10, 11, 12, 13, 14 15 and 16 of Article 141 shall be punishable by a fine of EUR 601 to EUR 800.

(f) The infringements provided for in points 1, 2, 3, 4, 5, 6 and 7 of Article 141 shall be punishable by a fine of 801 to 1,000.

g) A fine of 1,001 to EUR 2 000 shall be imposed on the infringements referred to in points 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 and 38 of Article 140.

(h) The infringements provided for in points 16, 17, 18, 19, 20, 21, 22 and 23 of Article 140 shall be punishable by a fine of 2,001 to 4,000 euro.

(i) A fine of EUR 4,001 to EUR 6 000 shall be imposed on the infringements referred to in points 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 of Article 140.

j) A fine of 6,001 to 18,000 euros shall be imposed on the infringements referred to in paragraph i) where the person responsible for the offences has already been punished, by means of a decision terminating the administrative route, by the Commission of any other very serious infringement of those provided for in this law in the preceding 12 months.

k) Where the provisions of Articles 141.25 and 142.19 are applicable, the amount of the penalty to be imposed, as appropriate, shall be within the limits laid down in paragraphs (d), (e) and (e) and (f) and (a), (b) and (c).

2. The imposition of the penalties which, where appropriate, will be independent of the possible obligation to compensate for the damage caused.

3. Where the commission of the offence referred to in Article 140 (16) is detected, the Acting Administration shall inform the Registry of Transport Companies and Activities to make the appropriate entry and, on its own initiative, to communicate it, to their time, to the competent authority on the authorisations concerned, in order to ensure that it is suspended in accordance with the terms of Article 52.

Where in the commission of the offence referred to in point 10 of Article 140, authorised repairers have intervened, irrespective of the appropriate sanction, the competent body shall be proposed to withdraw the corresponding authority.

4. The immediate immobilisation of the vehicle shall be ordered until the determining grounds for the offence are deleted, in the following cases:

(a) Where infringements which are to be reported on the road commission are detected in accordance with the provisions of points 1, 10, 11, 12, 15.6, 15.7, 15.11, 15.18 or 23 of Article 140 or point 2 of the Article 141.

(b) Where the non-compliance with daily driving times or mandatory periods of daily rest or rest is detected during the road commission, unless the offence is to be regarded as minor and the distance as The vehicle must still be traversed to reach its destination of not more than 30 kilometres.

(c) Where infringing conduct is detected on the road, in which circumstances may present a danger to safety, even if none of the above mentioned cases are present.

For the purposes specified at this point, the members of the Land Transport Inspection Services or the agents of the acting transport surveillance forces shall retain the documentation of the vehicle and, where appropriate, that of the goods, as well as the corresponding authorization, until the causes which gave rise to the immobilisation are remedied, in any case being the responsibility of the carrier for the custody of the vehicle, its cargo and belongings.

Where the immobilisation of the vehicle is likely to pose a safety hazard, the carrier shall be obliged to move the vehicle to the place designated by the acting authority. If not, such a measure may be adopted by that measure. The costs incurred by the operations referred to above shall be, in any event, on behalf of the carrier, who shall pay them as a prerequisite for the return of the vehicle.

The acting authority may choose not to immobilize the vehicle in the above cases, where circumstances under which such a measure would pose a greater danger to security are met. they must be expressly documented in their complaint.

5. The commission of the offences referred to in points 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15.6, 15.7, 15.11, 15.18, 16, 17, 18, 20, 23, 37.1 and 37.2 of Article 140 shall give rise to the loss of the good repute of the person who, where appropriate, occupies the position of transport manager in the undertaking concerned, for a period not exceeding one year, unless the competent body agrees otherwise by means of a reasoned decision, in order to estimate that this would be disproportionate in the specific case of in question.

In any event, the loss of good repute shall be deemed to be disproportionate if the infringer had not been sanctioned by the commission of any other very serious infringement in the 365 days prior to the one in which he committed the is now sanctioned.

For the purposes of the provisions of this paragraph, the Acting Administration shall provide a sanctioning file to the transport manager, with a proposal for the loss of good repute, independent but at the same time as the the processing of the company by the commission of the infringement in question. Where appropriate, the manager's loss of good repute shall not be agreed where the manager proves that the facts of the infringement were not attributable to him on account of his position.

Where the infringement has been committed without authorisation, the loss of good repute shall affect the natural person who, on his own behalf or on behalf of a legal person, has formalised the contract or issued the the invoice in question.

When the sanction resolution leads to the loss of the transport manager's good repute, the body that adopts it will communicate it to the Registry of Companies and Transport Activities to carry out the appropriate annotation and, The Commission shall, in turn, inform the competent authority of the authorisations concerned, in order to ensure that it is suspended, in accordance with the terms laid down in Article 52. '

Eighty-one. Article 144, which is without content, is deleted.

Eighty-two. Points 2, 3 and 4 of Article 146 are worded as follows:

" 2. The procedure for imposing the penalties provided for in this law shall be in accordance with the specific rules laid down therein and those which are laid down in law. The provisions of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure shall be as laid down in those rules.

In order to establish the possible existence of any of the alleged reoffending or habituality in the infringing conduct referred to in this chapter, the processing of any penalty procedure by the commission of the Offences defined in this law shall expressly include the consultation of the Register of Transport Enterprises and Activities to enable it to be known whether there are any prior sanctions to determine such recidivism or habituality.

The maximum period for notification of the resolution of the sanctioning procedure shall be one year from the date of the opening of the procedure.

The procedure for imposing the penalties provided for in this law shall be initiated on its own initiative by the competent body, either on its own initiative or as a result of higher order, at the reasoned request of other bodies. or by complaint.

Notifications shall be made, as appropriate, in the electronic or postal address of the person concerned in the Register of Transport Companies and Activities.

However, the complaints made by the Land Transport Inspection Services or by the forces responsible for the surveillance of road transport, delivered in the act to the accused, will constitute the initiation of the the sanctioning procedure and the notification of the complaint, provided that the person voluntarily pays the penalty at the same time, having this payment the same consequences as those laid down in the ordinary procedure. The payment shall be made in cash in euro or using a credit card.

The bodies of the various public administrations competent to penalize the infringements provided for in this law shall communicate to the Registry of Companies and Transport Activities the penalties they impose, with a view to make the relevant annotation, within the maximum period of 30 days, from the sanction resolution terminating the administrative route.

3. Pecuniary penalties may be imposed in accordance with the rules laid down in law.

In all cases where the person concerned voluntarily decides to make the penalty effective before the expiry of the 30 days following the notification of the sanctioning file, the financial amount of the penalty initially proposed will be reduced by 30 percent.

The payment of the pecuniary sanction prior to the issuing of the sanction resolution will imply compliance with the reported facts and the resignation of the interested party and the termination of the However, the procedure must be expressed. Although the sanctioning procedure is terminated in this way, the person concerned may bring the same remedies to those which would have been the case if the procedure had been completed in an ordinary manner.

4. Irrespective of the provisions set out in point 2, in the imposition and enforcement of penalties for offences committed by persons who do not credit their residence in Spanish territory, the rules set out below shall apply, together with those which, where appropriate, are expressly stated in the following terms:

(a) The vehicle used in carrying out the transport subject to the complaint shall be fixed until the undertaking complained of does not pay the penalty indicated or deposits its amount or guarantees its payment.

The deposit that, if any, the reported deposit must be made in cash in euros or using a credit card.

When the defendant does not make an effective deposit of the amount of the penalty at the time of the complaint, he will nevertheless be allowed to point out a person or entity that constitutes sufficient security for the payment of the total amount of the sanction proposed in the complaint, in accordance with what is to be determined.

(b) If the attempt to make any notification to the defendant in the course of the sanctioning file is unsuccessful, it shall be forwarded to the competent ministerial department in the field of transport of the country in which it resides. to be transferred to you, thus being considered to be the final notification.

c) Where the penalties imposed by means of a decision ending the administrative route are not met on a voluntary basis, it may be necessary if the vehicle in question has been fixed during the processing of the file, for sale in public auction, in the form that is regulated, with the money obtained affected to the payment of the amount of the penalty, of the expenses incurred by the immobilization and the auction, as well as of the expenditure which may have been incurred as a result of the carrier's liability for the custody of the vehicle, its cargo and belongings. The excess shall, if any, be made available to the person complained of. "

Eighty-three. Article 149 is worded as follows:

" Article 149.

When the Administration has to take over the custody of a vehicle immobilized by any of the causes provided for in this law, it shall expressly warn its holder, through the corresponding notification, that if After more than two months without any further allegation, it may be agreed to transfer to an Authorised Vehicle Treatment Centre for further destruction and decontamination. '

Eighty-four. A new additional provision is added tenth, with the following text:

" Decide.

The Government is empowered to amend the amounts referred to in Article 46 (b), where this is relevant to accommodate the changes that may be made to the Union's rules. European.

addition, the Government is empowered to incorporate into our legal system the new violations and sanctioning criteria that, if any, may be established in the future by the aforementioned Community regulations.

When the European Commission, in use of the powers conferred on it by Article 6.2 (b) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 laying down common rules concerning the conditions to be fulfilled for the pursuit of the occupation of road transport operator and repealing Directive 96 /26/EC establishing new offences whose repeated commission is the result of the loss of good repute of the carrier, the Government, in so far as the Community standard permits, may establish proportionality criteria that relate such reiteration to the size of the infringing undertaking. "

Eighty-five. An additional new provision is added eleventh, with the following text:

" Eleventh.

1. By way of derogation from Articles 22, 43 and 102, transport carried out by the Spanish Red Cross and other entities whose main activity is the provision of health care services with a humanitarian and social purpose general character, they will be considered as a necessary complement to this, and will therefore be conceptualised as complementary private transport, in the following scenarios:

a) Transportation of persons whose health care is carried out by the charity itself.

(b) Health transport to be carried out without any payment.

(c) Health transport arising from special situations such as rescue and rescue operations, accidents, disasters, public calamities, social conflicts, epidemics, risks or collective claims and events similar.

(d) Health transports arising from emergency or non-foreseeable emergencies.

e) Immediate transport of the injured in traffic accidents to the appropriate hospital or care facility.

(f) Transport carried out on the occasion of the health coverage by the charity concerned with sporting, cultural and recreational activities.

(g) Health transport services to be developed in a territory where the existing public and official means of transport are insufficient to meet the needs of this transport class in that territory. territory.

(h) Health transport services to be carried out in a territory where the level of competition is insufficient or inadequate to ensure the free choice of user, in the opinion of the body holding the competition in health matters in that territory.

The costs incurred by the provision of such transport to the entities referred to in this provision shall be considered to be included in all the costs which they bear as a result of their general activity humanitarian and social character and, therefore, the remuneration which, if any, they may receive for such benefit is always referred to as such general activity, and does not, as a consequence, be attributed to the nature of the independent perception of the the effects referred to in Article 102.2 (e).

2. The Spanish Red Cross and other charities, in order to prove compliance with the requirements referred to in Article 102.2 (d), may replace the documentation relating to the integration of drivers in their the organisation by which the disinterested relationship which the relevant drivers keep with them is accredited. "

Eighty-six. A new additional provision is added twelfth, with the following text:

" Twelfth.

The road transport of crashed or damaged vehicles which is carried out in the framework of a roadside relief operation shall be governed by the provisions of this law, without prejudice to the provisions laid down in this law. the legislation on traffic, motor vehicle traffic and road safety concerning the conditions for the performance of such operations or the characteristics to be fulfilled by undertakings which develop them or vehicles and other means which are have to be used. "

Eighty-seven. A new final disposition is added, with the following text:

" Final Disposition Second.

1. Articles 3, 4 and 1 of Article 12 constitute basic legislation, issued pursuant to Article 149.1.13. of the Constitution, which confers on the State jurisdiction on the basis and coordination of the general planning of the activity. economic.

2. Article 14 constitutes basic legislation issued under Article 149.1.4. and 16. of the Constitution, which attribute to the State, respectively, the competence on the defense and the bases and general coordination of health.

3. Article 22 and the second and third paragraphs of point 3 of Article 119 are given in accordance with Article 149.1.6. of the Constitution, which gives the State jurisdiction over commercial law.

4. Articles 29, 30 and the last paragraph of Article 31, as far as the latter is concerned with the approval of the territorial plans, constitute basic legislation issued pursuant to Article 149.1.4. of the Constitution, which attributes to the State the competence over the defence.

5. Article 32 (2) and (3) are given in accordance with Article 149.1.29. of the Constitution, which confers jurisdiction on the State on public security.

6. Articles 37 and 38 are given in accordance with Article 149.1.6. of the Constitution, which gives the State jurisdiction over procedural law.

7. The first and third subparagraphs of Article 55; points 10, 11, 15, 20, 21, 22, 23, 24, 25, 26, 33, 34, 35 and 37 of Article 140; points 2, 5, 11, 12, 13 and 24 of Article 141, and points 2, 3, 4, 7 and 17 of Article 142 are given under the Article 149.1.21. of the Constitution, which attributes to the State the competence in the field of traffic and movement of motor vehicles.

8. Article 71, point 1 of Article 72, point 1 of Article 73 and Articles 75 and 85 constitute basic legislation issued under Article 149.1.18 of the Constitution, which gives the State the power to issue legislation basic on administrative contracts.

9. Article 94 (2) constitutes basic legislation under the provisions of Article 149.1.1. of the Constitution, which gives the State the power to regulate the basic conditions which guarantee the equality of all Spain in the exercise of constitutional rights.

10. The other provisions of this law are given in accordance with the provisions of Article 149.1.21. of the Constitution, which confers on the State jurisdiction over railways and land transports which pass through the territory of more than one autonomous community. "

Article 2. Amendment of Law 21/2003 of 7 July on Air Safety.

Article 78 is amended and an additional provision is added thirteenth to Law 21/2003, of July 7, of Air Safety.

One. Article 78 (2) shall be deleted.

Two. An additional new provision is added thirteenth with the following text:

" Additional Disposition thirteenth. Air safety rate.

1. The air safety rate will be created to be governed by this law and by the other regulatory sources that are established in Law 8/1989, of 13 April of Fees and Public Prices.

2. It constitutes the taxable fact of the air safety rating by the State Aviation Safety Agency and the provision of monitoring and inspection services in the field of air safety.

3. They shall be obliged to pay the fee, in their condition as taxable taxable persons, to the departing passengers on board at the Spanish airports, irrespective of the intermediate stages which the flight and the destination may take. of the same. For these purposes, passengers shall be considered to be persons who are transported as travellers as a result of a contract of carriage or lease. Substitute liabilities, the individual, the authorities, bodies or carrier carrier, with whom the passenger has contracted the transport or lease, shall be taxable.

4. The fee shall not apply to the carriage of passengers in Spanish aircraft of State or to the service of the Autonomous Communities and other Local Entities, provided that they perform non-commercial public services, or in foreign State aircraft, in the case that the States to which they belong grant the same exemption to Spanish State aircraft.

5. The fee shall not be required for the carriage of passengers where they have acquired the title of transport on the date prior to the entry into force of that charge, irrespective of the date on which the transport was carried out.

6. The fee shall be due at the time of the passenger's boarding and shall be settled by the taxable substitute to the airport operator in advance of the departure of the aircraft which transport the passenger, or, when agreed by the airport manager with the approval of the State Aviation Safety Agency, within the first ten days of each month with reference to the accruals produced in the previous month.

7. The amounts received by the airport manager for this fee will be paid for this monthly, and always within the first fifteen calendar days, by direct transfer to the State Aviation Safety Agency.

The amount to be transferred each month (M) will be the sum of all the amounts of the State Aviation Safety Agency's rights effectively charged by the airport manager during the previous month (M-1). This amount shall include both the amounts invoiced and received by the airport operator corresponding to the fees payable in the preceding immediate month (M-1), as well as the amounts corresponding to that actually charged in that month by the billing for previous months that would not have been satisfied in the month of accrual, including, where applicable, the proportional share of any interest for late payment.

In addition to the corresponding monthly settlement, the airport manager shall send to the State Aviation Safety Agency a certification in which the amount entered by the taxable person is broken down and by date of accrual of the fee, as well as the number of passengers shipped in the previous immediate month.

8. The amount of this fee shall be EUR 0,579885 per outgoing passenger.

9. The reductions provided for in Article 78.2 shall apply to the amount of this fee for the public financial assets provided at airports in the Canary Islands, the Balearic Islands, Ceuta and Melilla.

10. The management and collection of the fee corresponds to the State Aviation Safety Agency, with the cooperation of the airport operator in the terms set out in paragraph 7.

11. The full amount of proceeds from this fee will be part of the State Aviation Safety Agency's revenue budget. "

Additional disposition first. Statement of public service obligations.

The declaration of new public service obligations falls to the Council of Ministers, on a proposal from the Minister of Public Works and a report from the Government's Delegation for Economic Affairs.

The revision or amendment of these obligations will only require the Agreement of the Council of Ministers and the report of the Government Delegation for Economic Affairs when it involves the granting of new grants. public for their compensation or the increase of those already being granted to that effect.

Additional provision second. Naming changes.

All references to the General Register of Carriers and Companies of Auxiliary and Complementary Transport Activities contained in the legislation currently in force shall be construed as references to the Register of Companies and Transport activities.

The terms "granting of regular passenger transport" and "concessional title" must be considered as being replaced by Law 16/1987 of 30 July on the Management of Land Transport and the rules laid down for the execution and development of the term "public service management contract for the regular transport of general travellers".

In the same sense, the term "concessionaire" will be replaced by the term "public service contractor".

The terms "enabling authorization for discretionary transportation", "discretionary public transportation authorization" and "discretionary transportation authorization" shall be deemed to be replaced by the term " authorization of public transport. "

The ratings of regular passenger or temporary passenger transports will be unmade.

Additional provision third. Certificates of professional competence.

Certificates issued before 4 December 2011 as proof of professional competence for the exercise of the various transport and ancillary activities and complementary to them under different conditions provisions which until that date have been regulated, are equivalent to the certificate of professional competence in accordance with the model approved by Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009, laying down common rules on the conditions to be met for the exercise of the occupation of road hauliers and repealing Directive 96 /26/EC.

As a consequence, all annotations in the working material in the Register of Companies and Transport Activities will be modified, replacing the name " professional training for the exercise of (the activity of (a) "by the name" professional competence for the carriage of (goods or passengers) by road ".

Additional provision fourth. Coordination of the Registry of Companies and Transport Activities with other Registers.

1. Within a maximum of one year, counted from the entry into force of this law, the Ministries of Justice and Development shall take the necessary measures to ensure that the Commercial Registry and the Registry of Companies and Transport Activities are coordinated, in such a way as to obtain reciprocal information concerning the name, address and social capital of the undertakings holding transport authorisations or of transport operators, as well as the identity of the persons holding their representation.

2. Within a maximum period of one year, counted from the entry into force of this law, the Ministries of the Interior and the Ministry of Public Works shall take the necessary measures to ensure that the Registry of Companies and Transport Activities and the different Registers of the Directorate General for Traffic are coordinated so that reciprocal information can be obtained in relation to its contents.

3. In accordance with the provisions of Article 11.2.a) of Organic Law 15/1999 of 13 December on the Protection of Personal Data, for the issuance of information between the systems of the Registers referred to in this provision, the consent of the affected person will not be required.

In application of the principles referred to in Article 4 of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, the obtaining of information according to This provision shall not bear any tariff.

Additional provision fifth. Registration of the titles and licenses for the performance of rail transport.

The registration obligations referred to in Article 53 of Law 16/1987 of 30 July of the Land Transport Management will also apply to the titles and licenses enabling the realization of the transport by rail, even if that article is within its title II.

Additional provision sixth. Direct action against the main loader in the intermediation scenarios.

In the case of intermediation in the hiring of land transports, the carrier who has actually carried out the transport will have direct action on the part of the unpaid, against the main charger and all who, where applicable, they have preceded it in the subcontracting chain, in the event of non-payment of the transport price for which it has contracted it, except in the case provided for in Article 227.8 of the recast of the Public Sector Contracts Act, approved by the Royal Legislative Decree 3/2011 of 14 November.

First transient disposition. Regular road passenger transport services of general use with a low rate of use and temporary regular services.

The special authorisations granted under the provisions of Articles 87 and 88 of Law 16/1987 of 30 July 1987 on the Management of Land Transport for the operation of scheduled public passenger services Road for general use of low rate of use and temporary regular services shall continue in force until the expiry of the period for which they were granted.

Since the entry into force of this law, the provision of that class of services must be the subject of a public service management contract adjusted to the new system of application to the regular services of use travellers. general.

Second transient disposition. The Registry of Companies and Transport Activities.

1. The Ministry of Public Works must make full disclosure of the Register, in the terms referred to in Article 53 (6) (a) of Law 16/1987 of 30 July, of the Land Transport Management, within a period of not exceeding one year, counted from the date of entry into force of this law.

2. Once the forecasts contained in the previous point of this provision in the field of registration are fulfilled, the requirement that some kind of transport authorization, or all of them, be required, may be abolished. formally document transport cards, where this does not detract from the proper monitoring of compliance with market management rules.

Transitional provision third. IT equipment and electronic communications equipment.

Those who are holders of transport authorizations or transport operators at the entry into force of this law shall not be required to prove the provision of the electronic signature and the computer equipment mentioned in the law. paragraph (e) of Article 43.1 of Law 16/1987 of 30 July on the Management of Land Transport until they have to carry out the nearest visa for their authorisations after 2014.

The communication by electronic means between the Administration and the holders of authorisations, licences and contracts, as provided for in Article 56 of that law, shall not apply until, in accordance with the provisions of the Previous paragraph, the affected subjects are required to have signature and computer equipment.

Transitional disposition fourth. Carrying out of the visa of the authorizations regulated in Law 16/1987, of July 30, of Land Transport Management.

The implementation of the visa of the authorizations regulated in Law 16/1987, of July 30, of Land Transport Management will begin to be carried out by the Administration since all the affected subjects are required to have an electronic address and signature and computer equipment in accordance with the provisions of the previous transitional provision.

Single repeal provision. Regulatory repeal.

1. Title VI (Articles 150 to 165) of Law 16/1987, of 30 July, of the Land Transport Management, Articles 52 and 53, point 3 of Article 73 and Titles VII and VIII of Royal Decree 1211/1990, of 28 June 1990, are hereby repealed. September, by which the Decree of 7 July 1936, by which the Sanitary Regulation of the land transports is approved; the Ministerial Order of 9 March 1942, the Decree of 7 July 1936, In general, the rules of application of the benefit of the reduction of price in favour of families numerous on the railway tickets; the Ministerial Order of 27 February 1946, passes on public passenger transport services; the Ministerial Order of 3 August 1950, baggage check-in fees and charges in the (a) the ministerial order of 14 April 1988, replacing concessions for the regular transport of passengers by road; the Ministerial Order of 3 December 1992 laying down the essential conditions for the carriage of passengers by road; authorizations for the public transport of goods and transport agencies, for the purposes of the provisions in Article 200, in conjunction with the 198c) and 201.6 of the Land Transport Management Regulation; the Ministerial Order of 20 June 1995 amending the arrangements for the suspension and rehabilitation of authorizations for the In the case of road transport and its ancillary and complementary activities, the Ministerial Order of 23 July 1997, for which the Regulation of the Law 16/1987 of 30 July 1987 on the Management of Land Transport in the field of cooperatives of carriers and marketing companies, and all other provisions of the same or lower the rank of this law that they object to what is available in it.

2. Without prejudice to the provisions of the foregoing point, the Order of 2 August 2001 for the development of Article 235 of the Regulation on the Law on the Management of Land Transport, in the field of abolition and level step protection.

Final disposition first. The Regulation of Law 16/1987 of 30 July on the Management of Land Transport.

1. The Regulation of Law 16/1987 of 30 July on the Management of Land Transport, approved by Royal Decree 1211/1990 of 28 September 1990, and the provisions laid down for its implementation, are hereby declared in force in so far as they do not object to the provided for in this law or in the provisions adopted by the European Union which are applicable in this field.

2. Within two years, counted from the entry into force of this law, the Government will adapt the aforementioned Regulation to the modifications introduced in the content of Law 16/1987, of July 30, of Land Transport Management.

Final disposition second. Competitive titles.

The provisions of this law, by which the Law 16/1987 of 30 July, of Land Transport Management is amended, are dictated by the following competitive titles:

1. Those amending Article 22 and the second and third paragraphs of point 3 of Article 119, as well as the third transitional provision, pursuant to Article 149.1.6. of the Constitution, which gives the State jurisdiction over the legislation mercantile.

2. The amendment of Article 38, pursuant to Article 149.1.6. of the Constitution, which attributes to the State jurisdiction over procedural law.

3. Those who amend Article 71, Article 72 (1), Article 73 (1) and Articles 75 and 85 constitute basic legislation issued pursuant to Article 149.1.18 of the Constitution, which confers on the State the power to issue the basic legislation on administrative contracts.

4. Those amending points 10, 11, 15, 20, 21, 22, 23, 24, 25, 26, 33, 34, 35 and 37 of Article 140; points 2, 5, 11, 12, 13 and 24 of Article 141, and points 2, 3, 4, 7 and 17 of Article 142, pursuant to Article 149.1.21. of the Constitution, which confers jurisdiction on the State in the field of traffic and movement of motor vehicles.

5. The other provisions, in accordance with the provisions of Article 149.1.21. of the Constitution, which attributes to the State the competence on railways and land transports that pass through the territory of more than one Autonomous Community.

Final disposition third. Authorisation to draw up a recast text of the Land Transport Management Act.

The Government is authorized to, within one year, counted from the entry into force of this law, refounds in a single text the Law 16/1987, of July 30, of the Land Transports and the various modifications of this one that have been produced since its entry into force, regularizing, clarifying and harmonizing the recused precepts to each other.

Final disposition fourth. Entry into force.

1. This law shall enter into force on the twentieth day of its publication in the "Official State Gazette".

2. Without prejudice to the provisions of the previous paragraph, the second article shall enter into force three months after its publication in the Official Gazette of the State.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 4 July 2013.

JOHN CARLOS R.

The President of the Government,

MARIANO RAJOY BREY