JOHN CARLOS I

KING OF SPAIN

To all who present it and understand,

Sabed: that the General Courts have approved and I am avenged in sanctioning this Law.

The hitherto existing legislation on road transport data, in its basic standards, of 1947; that of rail transport, of 1877. From the dates mentioned to our present day they have been produced in the infrastructural reality on which the referred rules have had an impact on the technical, economic, social and political aspects of transport.

The lack of adequacy of rules enacted almost half a century ago, if any, and more than one in the other, to regulate a transport that takes place with very different technical means than those that could be foreseen, and to establish the guidelines with which to deal with the needs of displacement in a different sociological reality, and in an absolutely diverse economic and political context to the existing ones when they were written, General review of the same is a truly unpostponed task.

in addition, it must be borne in mind that the transport sector, far from being characterised by the existence of permanent principles which postulate the long-term continuity of the rules, as is the case in other sectors of the It is a matter of what the German advertising industry has called expressively the ground of the "law measure", in which the rules are to be characterized by their variability, in order to be used as "measures" in the situations contingent on which the reality they are trying to regulate is usually developed.

in practice, the rules of a regulatory nature have proliferated in the regulation of transport, which, with the coverage of legality, often dubious, have dealt with, in an asistematic and dispersed manner, of to address the new needs arising, creating a legislative front, in which the single act of determining what the current rules were in itself was, many times, a real problem.

Therefore, the Law that is now being enacted, based on the design of a flexible system in which different factual situations have a place, which, at least in the medium term, can be presented, makes an explicit repeal of all the rules with the rank of formal law, regulation of road and rail transport, and provides that, at the time of entry into force of its general regulations, the rest of the regulatory standards of those regulations are also repealed. materials, except those expressly declared in force.

It establishes, therefore, the Law a zero point in the regulation of land transport, which has forced it to have a certain extent, despite the remarkable synthesizer effort made, as can be appreciated without further to see the set of provisions repealed by this Law.

The Law carries out the management of land transport as a whole, establishing rules of general application, and thus the preliminary and first titles apply, in a global way, to the totality of the modes of land transport, in the case of successive titles, in particular, road and rail transport. With regard to cable and trolleybus transport, given the most recent enactment of its regulatory legislation, and the special nature of such legislation, a referral to its specific rules has been chosen, without prejudice to its framework in the context of the general management of land transport, through the application to the same of those preliminary and first of the Law, in addition to the third provision, as far as cable transport is concerned.

Within the strictest respect of the competences of the Autonomous Communities and of the Local Entities, and also of the constitutional and legal system of normative attribution and hierarchy of sources, the Law seeks to I am sure that the Commission will not be able to make a decision on this matter, but I would like to make it clear that the Commission is not going to be able to do so. of a series of constitutional principles which are expressly mentioned in the articulated the existence of a market unit throughout the territory of the State.

This has led to the attempt to establish a sufficiently flexible system so that the characteristics of the various Autonomous Communities can be developed by them, within the general framework of the Law, without To this end, each Autonomous Community must enact its own transport-ordering regulation, if it considers it appropriate.

This design of a common transport system, chaired by a homogeneous normative framework, although compatible with the different developments that the different territorial situations involve, is complemented by a delegation It is a matter of course for the Commission to take the necessary steps to ensure that the Commission is not in a position to take the necessary steps to ensure that the Commission is not in a position to do so. Autonomous Communities in connection with road and cable transport, the disappearance of the Administration of the previously competent State.

In short, the system we are trying to achieve is clear: the general regulatory framework and the overall direction of the transport system are intended to be common throughout the State; this is compatible with the existence of differentiated, which, without violating this general system, give different responses to different territorial needs, according to the will of the different Autonomous Communities, and the only management of the referred system is attributed to the Entities territorial, avoiding the overlap of several different administrations in the field regional.

It is also necessary to add that the Law applies to both interurban and urban transport, respecting in this the municipal competition, and ending, in this way, with a normative vacuum that was the cause of important dysfunctions.

With regard to the economic and social principles that the President, it has to be said that the Law, respecting in any case the system of market and the right of freedom of enterprise, constitutionally recognized, tends, in all (a) the transport undertaking to act on the market with the greatest degree of autonomy possible, while allowing for a degree of administrative interventionism, depending on the circumstances at the moment.

The Law helps to make the transport planning system more flexible, and to empower the companies involved in this sector, through a wide range of measures, including improving the functioning of the system for the exercise of the occupation of passenger transport operator, by means of the mechanism of linking the concessions of regular services and the enabling authorizations for the discretionary transport, which makes it possible for the regular hauliers may, with the exception of exceptions, also carry out discretionary transport; (a) Discretionary hauliers access to regular transport, the non-requirement for vehicles to be owned by the carrier, allowing other systems of availability thereof, such as leasehold, which will make their use more flexible. and will enhance their use; the foresight of the formation of cooperatives and the realization of other forms of collaboration between carriers, joining together to create channels of marketing and offer of transport, of a dimension adequate, thus mitigating the situation of atomization, which is one of the main problems with which the industry is facing.

It can also be highlighted, with respect to the services of regular passenger transport, the foresight of other management formulas different from the traditional figure of the concession, such as the concert and the interested management. In these same services, the time limits of the concessions are shortened, making it possible to change the same according to the characteristics of the different lines, flexibiliza its operating system, and the companies can In the case of the concessionary, within the limits established by the Administration, make the modifications in the conditions of delivery, frequency of expeditions, etc., that the social reality demands, and the use of different vehicles for the provision of the service, not requiring ownership of the service, and facilitating the temporary collaboration of other carriers in order to deal with possible traffic intensifications. They are also envisaged in conjunction with the traditional concessions for linear services, others of a zonal nature, which would, as a general rule, include all permanent regular and special-use permanent transport, and finally, establishes a special regime for lines of weak traffic, of a generally rural nature, promoting the creation and continuity of these lines, and the relaxation of their exploitation.

As regards discretionary transport, the new legislation also introduces important flexible measures, especially in the transport of goods, allowing as a general rule that the same authorisation should be allowed, either for carrying out full load transport, as well as for fractional load, and with reiteration or non-itinerary. As regards the authorisation system for such a discretionary transport, it should be noted that, together with the traditional authorisations relating to a particular vehicle, the new law makes it possible for vehicles not to be certain, including the possibility of authorisations without conditioning of the number of vehicles or of the volume of cargo; as a general rule the said authorizations will be granted without a fixed term of duration. Moreover, the administrative attention is now concentrated-unlike the previous regime-in the towing vehicle and not in the trailer or semi-trailer, in terms of the transport carried out in articulated assemblies. Finally, it should be noted that the use of other companies ' collaboration is made possible in order to meet the short-term demands of the demand with similar criteria to those mentioned in the regular transport.

In relation to the complementary and ancillary activities of the transport, the Law establishes agencies of complete load and fractional load, and allows it to be carried out, with national radio of action, mediation in the transport of (a) fractional load (parcel), in line with the possibility of any carrier carrying out such a load on the itinerary or at the frequency it deems appropriate.

It cannot be forgotten, within all these measures, which we list, concerning the relaxation of the system of transport planning, the disappearance of the right of rail transport, and, in general, of the protection measures Rail ultranza, which are replaced by an intermodal competition system based on the freedom of choice of the user, without prejudice to the provision of public corrective measures where the public interest so requires.

Finally, it should be noted that the Law makes a new regulation of rail transport, which comes to replace the already century-old railway laws of the end of the last century, and first of the current one, as well as the Decree-laws, which, in 1962 and 1964, defined the legal regime of RENFE.

The most important part of this regulation is perhaps the one that defines the National Integrated Rail Transport Network, which constitutes the basic support of national railway communications, and whose responsibility is entrusted to it. by the Law, in accordance with the constitutional framework, to the State Administration, under direct management, through the State Society "National Network of the Spanish Railways" (RENFE).

Also, it should be noted that the basic legal regime of RENFE is updated, adjusting it to the provisions of the General Budget Law, outlining the control mechanisms of the National Network for the Administration of State, without any of its convenient management autonomy, and collecting modern techniques of planning objectives through program contracts, as well as the concepts of public service obligations and normalization of accounts, in line with Secondary legislation of the European Communities.

The Law, moreover, makes the most synthetic possible, the regulation-obligatory, even if its foreseeable application is surely reduced-of the railways of private transport, establishing, as for the first ones, the basic rules for the direct or indirect management of the relevant services, in line with the principles inspiring the rest of the Law, and subjecting the latter to the administrative authorisation scheme.

PRELIMINARY TITLE

CHAPTER FIRST

Scope

Article 1.

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

1. The carriage of passengers and goods, having regard to those carried out on motor vehicles which circulate without a fixed running road, and without fixed means of energy collection, by all kinds of urban or interurban land routes of a public nature, and also of a private nature, where the transport in which they are carried out is public.

2. The ancillary and complementary activities of the transport, considering themselves as such for the purposes of this Law, the activity of agency of transport, the activity of transit, the centers of information and distribution of loads, the storage and distribution functions, the pooling and facilitation of arrivals and departures through passenger or freight stations, and the leasing of vehicles.

3. The transport by rail, considering as such those in which the vehicles in which they are made circulate on a road of fixed rolling, that serves as support and guide, constituting the whole vehicle-road a operating unit.

2. Transport carried out on trolleybus, as well as those carried out in cable cars or other means in which traction is made by cable, and in which there is no fixed road, shall be subject to the provisions of the preliminary and first of this Law, while at the same time addressing its specific rules.

However, the rules set out in the third provision third are applicable to cable transport.

Article 2.

This Law shall be directly applicable in relation to the transport and ancillary or complementary activities of the same, whose competence corresponds to the State Administration. Also, those transports and activities whose competence corresponds to the Autonomous Communities, and to the Local Administration, shall be applied with the extra or direct character that in each case results, in accordance with the constitutional, statutory and statutory.

The provisions contained in Chapter VII of Title III and Chapters II and V of Title IV shall be considered as an application in respect of which, in accordance with their Statute, they may be issued by the Autonomous Communities.

CHAPTER II

General principles

Article 3.

The organisation and operation of the transport system shall be in accordance with the

principles:

(a) Establishment and maintenance of a common system of transport throughout the State, through the coordination and interconnection of the networks, services or activities that integrate them, and the actions of the various bodies and Competent Public Administrations.

b) Satisfaction of the needs of the community with the highest degree of effectiveness and with the minimum social cost.

c) Maintenance of the market unit throughout the Spanish territory, in accordance with Article 139.2 of the Constitution.

Article 4.

1. The public authorities will promote the adequate satisfaction of the transport needs of the citizens, in the whole of the Spanish territory, in suitable conditions of safety, with special attention to the social and disadvantaged categories persons with reduced capacity, as well as areas and population centres which are remote or difficult to access.

2. The efficiency of the transport system must, in any case, be ensured by the proper use of the available resources, which make it possible to obtain the maximum yield. The public authorities shall ensure, in this respect, the coordination of actions, the unit of criteria, the speed and simplification of procedures and the effectiveness of administrative management.

3. In the context of the principle of market unity, the public authorities will seek to harmonise the conditions of competition between the various modes and transport undertakings, tend to avoid situations of unfair competition, and protect the freedom of choice for the user, and freedom of business management, which can only be limited for reasons inherent in the need to promote the maximum use of resources and the efficient provision of services.

CHAPTER III

Competence and coordination arrangements for the same

Article 5.

1. The exercise of their powers by the various administrative bodies may not be carried out in such a way as to prevent or impede the effectiveness of those entrusted to the other bodies as soon as they are conducive to compliance with the principles of set out in Article 3.

2. The State Administration shall promote the coordination of its powers with those of the Autonomous Communities and the Local Entities, establishing, where appropriate, the same conventions or other forms of cooperation as may be necessary. in order to ensure their effectiveness and to ensure that the principles set out in Article 3 are met.

Article 6.

The Government of the Nation, in accordance with the provisions of Article 97 of the Constitution, sets the objectives of the general transport policy, and in the field of its competence ensures the coordination of the different types of transport land transport to each other, and to other modes of transport, and provides for the adequate provision of the necessary infrastructure for them.

Article 7.

According to the criteria outlined in the above articles, it is up to the public authorities:

a) Formulate the guidelines and objectives of the land transport policy at its various levels.

b) Plan or schedule the land transport system in the terms set out in this Law.

c) To enact the necessary standards for the proper management of land transport, in development or in accordance with this Law.

d) Manage directly by themselves or indirectly, through contract, the services assumed as their own, in accordance with the provisions of this Law, for reasons of public interest.

e) Exorder the corresponding authorizations or administrative licenses that enable individuals for the provision of services and the realization of private ownership activities, subject to control by Management reasons or administrative police.

f) Exercise the inspection and sanction functions in relation to land transport services and activities.

g) Adopt in general the necessary measures to ensure the proper functioning of the land transport system.

Article 8.

The competences which, in the field of transport, correspond to the State, will be exercised by the Ministry of Transport, Tourism and Communications, except that they are attributed to the Government or other organ of the Administration, according to the provisions of this Law or the rest of the existing legal order.

CHAPTER IV

Inter-administrative coordination bodies

Article 9.

1. In order to promote and facilitate the coordinated exercise of public powers by the State and the Autonomous Communities, and to ensure the maintenance of a common system of transport throughout the nation, it is established, as Consultative and deliberative body, the National Conference of Transport, which will be constituted by the Minister of Transport, Tourism and Communications, and by the members of the Autonomous Communities, competent in the field of transport. Where the nature of the matters to be dealt with so requires, representatives of other departments of the Central Administration, or of the Autonomous Communities concerned may be incorporated in the Conference.

2. The National Transport Conference will be based in the state capital. Its President will be the Minister of Transport, Tourism and Communications, and will meet at least twice a year.

3. The convening of the Conference shall be convened by its President, whether it is an ordinary meeting, or the extraordinary meeting to be held for the treatment of matters which do not allow for delay. In the latter case, the call may also be made at the request of any of its members.

Article 10.

The public authorities represented at the National Transport Conference will be able to submit to the knowledge of the same how many relevant matters of their competence can have an impact on the operation and coordination of the system of transport, and in particular the following:

(a) The projects of programming or planning of the land transport sectors, of the different Public Administrations, prior to their approval by the corresponding organ.

(b) The preliminary draft laws and draft regulations on transport, drawn up by the various public administrations.

(c) General forecasts of the State's actions in relation to international transport agreements or conventions.

(d) The incidents between administrations in the field of transport when they affect the overall functioning of the system, and the coordination between them.

e) How many matters in the matter are relevant and do not reach the agreement of the Commission of Directors-General referred to in the following Article:

Article 11.

1. In order to carry out the immediate and ordinary coordination of the state and regional powers, and to ensure the effectiveness of the fulfilment of the aims attributed to the National Transport Conference, there will be, with the same character of the deliberative body, the "Commission of Directors-General of Transport", made up of the holders of the Directorates-General responsible for the land transport of the Central Administration and the Autonomous Communities. The Commission shall be chaired by the Director-General of Land Transport of the State Administration, and shall meet at least four times a year.

When the nature of the cases to be dealt with so requires, the holders of other Directorates-General of the abovementioned Administrations may be incorporated into the Commission.

2. The Committee of Directors-General for Transport will act as an ordinary body of technical and administrative coordination in the field of land transport, among the various public administrations, and will discuss how many of the competence of its members may affect the proper functioning of the transport system.

In addition, the Commission will act as a support body and a prior discussion of how many matters will be the responsibility of the National Transport Conference, which will be able to delegate to you the knowledge of your affairs. competence.

The General Directors ' Commission may create the necessary Subcommittees and working groups.

TITLE FIRST

Common provisions for different modes of land transport

CHAPTER FIRST

General guidelines

Article 12.

1. In accordance with Article 38 of the Constitution, and in accordance with the general principles set out in Articles 3 and 4 of this Law, the framework for action in which the services and activities of the transport is the market economy, with the obligation, in charge of the public authorities, to promote productivity and the maximum use of resources.

2. Public action in the sector will be subject to the provisions laid down in this Law for each mode or class of transport, with the public authorities being responsible for ensuring the effective provision of public service services, as well as for Police functions or promotion of private ownership transports.

Article 13.

By the competent organs of the Administration, in order to enable the principles expressed in Articles 3 and 4 to be complied with, they may be adopted, for the time necessary, and in the forms provided for in this Law, and in their development standards, measures to promote the correction of possible structural deficiencies in the transport system, with a view to the elimination of weaknesses and excess capacity, and to monitor the implementation and maintenance of transport services or activities, in line with the needs of the demand.

Article 14.

The Government may suspend, prohibit or restrict in whole or in part, for as long as it is strictly necessary, the performance of any or some classes of transport services or activities covered by this Law, whether they are public or private, for reasons of national defence, public order, health or other serious causes of public utility or social interest, which also justify it. Such measures may, where appropriate, justify the origin of the compensation which may be applicable under the legislation in force.

CHAPTER II

Programming and scheduling

Article 15.

1. The Administration may schedule or plan the development and development of the various types of land transport in order to facilitate the balanced and harmonious development of the transport system.

2. The programmes or plans shall contain in particular forecasts on the following issues:

a) Direct public management services or activities.

(b) The general or partial design of the regular transport network or its basic axes in the carriage of passengers by road and the National Integrated Network in rail transport.

c) Restrictions or conditions for market access, if they proceed.

(d) Prohibitions or restrictions of transport in specified zones or zones, if they proceed.

e) Measures to promote and support transport or certain classes of transport, if they proceed.

Article 16.

1. The procedure for drawing up and approving the programmes or plans referred to in the previous Article shall be determined by regulation. In any case, the public information procedure, and the report of the National Transport Council, which is regulated in Article 36, will be in place.

2. The competent administrative bodies shall draw up, in the light of the approved transport plans, and after the implementation of methods of selection of investments, master schemes containing the defined and planned transport networks, as the priorities for its modernisation, adaptation and enlargement, covering its period of validity.

CHAPTER III

Economic and financial arrangements for land transport services and activities

Article 17.

1. Undertakings which provide the public transport services referred to in this Law or ancillary or ancillary activities shall carry out their operation with full economic autonomy, managing them in accordance with the provisions of this Law. the conditions, where applicable, at their risk and for sale, with the exceptions to be laid down in connection with public railway undertakings.

2. By way of derogation from the foregoing point, in the case of public transport provided by administrative concession, the provisions of the contract law shall apply in respect of the matters referred to in this paragraph. State, on the economic status of the public service management contract, in accordance with the provisions of this Law.

Article 18.

1. The Transport Administration may establish compulsory or reference rates for public transport and ancillary and complementary transport activities covered by this Law. The above rates may set either single or maximum amounts, or both minimum and minimum limits. In the absence of tariffs, the procurement shall be carried out at the usual or market prices of the place where the tariffs are carried out.

2. The establishment of compulsory tariffs provided for in the previous point should be determined for reasons of transport management linked to the need for transport to protect the position of the users and/or the transporters, ensure the maintenance and continuity of the transport services or activities or for the performance of the transport services or activities under appropriate conditions.

3. Where, for reasons of economic policy, the price of transport is included in some of the rules governing intervention in the general price rules, the transport administration must submit the modification of the corresponding tariffs to the competent bodies on price control.

4. The lack of compulsory tariffs laid down by the Transport Administration for certain transport services or activities, which is motivated by the absence of reasons for such tariffs from the perspective of the management of the (a) transport shall not be subject to the application of the intervention price schemes laid down in the price control legislation, where the impact of such schemes on the general economic system justifies it, in this case directly on the prices charged by the companies, the checks provided for in the general price legislation.

Article 19.

1. The rates of public transport and ancillary and complementary transport activities shall cover all the actual costs under normal conditions of productivity and organisation, and shall allow for adequate depreciation and reasonable business profit and a proper service or performance of the activity, while not giving back, where appropriate, the additional benefits.

2. The tariff structure shall be in accordance with the characteristics of the transport or the ancillary or complementary activity of the same, in each case, and shall be configured in such a way as to encourage investment, safety and quality.

3. The revision of the tariffs shall be authorised by the Administration, either on its own initiative or at the request of the holders of the transport services or activities or, where appropriate, of the business or user associations.

The revision may be individualized or general for the transport of a given class, and shall proceed when the items in the cost structure have been changed in such a way as to be altered. significantly the economic balance of the service or activity, preventing it from meeting the objectives set out in point 1.

Both the initial and successive rate revisions should be carried out taking into account the situation, modifications and reciprocal interaction of the set of variables to be determined as elements. members of the tariff structure.

4. By way of derogation from paragraph 1 above, exceptionally, in services where there are economic or social reasons for this, the lower user charges than would be the case for the application of the provisions of the provisions of the at that point, a special scheme of economic compensation or other forms of support to the relevant companies by the authorities concerned or interested parties is established. Such special support arrangements may be extended to other types of transport, for reasons of technological improvement or improvements to the transport system which are carried out in certain cases.

In no case will grants or supports that cover deficits attributable to inadequate business management be admitted.

Article 20.

1. The Administration, where there are social reasons to justify it, may impose on undertakings holding regular service obligations for public service obligations, on the understanding of those undertakings which the undertaking would not assume, or would not to the same extent and conditions, if it considers exclusively its own commercial interest.

2. Where the imposition of public service obligations is carried out, they already consist of tariff reductions or bonuses or the provision of services or the performance of economically unjustified activities, the Administration shall be required to compensate companies for the cost of the obligation, unless the same is expressly imposed on the enabling title with the character of non-indemnification from economic contributions other than the tariffs.

Article 21.

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

2. The Administration may also establish the obligation for transport undertakings and agencies to take out insurance to cover their liability arising from the performance of the contract for the carriage of goods on the terms and with the limits to be determined by the Administration. Regulations may be laid down for the coordination of such insurance with which it covers the risks, which must be borne by the charger, including through the unification of the two.

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

Article 22.

1. In the case of transport services by road of complete load, the loading operations of the goods in the corresponding vehicles, as well as the unloading of the goods, unless expressly agreed otherwise, shall be for account respectively. of the shipper or consignor and the consignee. However, the bearer may provide instructions for the placement and stowage of the goods.

2. In the case of the split-load services, where necessary prior handling, grupage, sorting, etc. operations, loading and unloading operations are necessary, unless otherwise expressly agreed, and in the case of: any case the placement and stowage of the goods, shall be on behalf of the porter.

Article 23.

1. Except for the case of dolo the Government may establish maximum limits in relation to the liability of the carriers derived from the contract of transport, which will be applicable in defect of the express establishment by the parts of the value of the goods for the purposes of the consequent determination of liability. In the case of transport subject to compulsory tariffs, provision should be made for the adaptation of such tariffs to the express agreement of the parties on the determination of liability.

2. A simplified deposit procedure shall be established and, where appropriate, the disposal of the goods not withdrawn or the amounts of which are not paid in order to ensure that the goods are collected by the carrier.

Article 24.

1. Contracts for the carriage of passengers, on an individual or per seat basis, shall be deemed to be agreed in accordance with the terms of the standard contracts approved by the Administration in each case, and shall be formalised by the issuing of the corresponding ticket.

2. In addition, the Administration may approve standard contracts for the carriage of goods or passengers contracted by a complete vehicle and with the vehicle leases, their conditions being applicable, only in accordance with the conditions laid down in Article 1 (1) of Regulation (EC) subsidiary or supplier, to which the parties freely agree in writing in the relevant contract.

CHAPTER IV

Coordination between different modes of land transport and combined transport

Article 25.

In order to comply with the principles laid down in Article 3 of this Law, the Administration will seek to harmonize the conditions of competition for the various types of land transport between each other and between (a) these and other modes of transport, making, where appropriate, the necessary measures for their coordination and mutual complementation.

Article 26.

The Government, on a proposal from the Ministry of Transport, Tourism and Communications, prior to the report of the National Transport Council, may exceptionally, for extraordinary reasons of public interest, adopt for the time that is necessary, measures to ensure that a movement or transfer between modes of transport is carried out in the traffic of certain goods.

Article 27.

1. Regulations and provided that this is justified by objective reasons of public interest, which are inherent in the need to enable or promote the provision and development of transport, a special scheme may be established for undertakings which carry out transport in a given way, which allows them to supplement such transport with that carried out in a different manner, provided that the transport is a precedent or a continuation of the complementary nature of the transport carried out in the other.

2. Under the special scheme, undertakings may be authorised to carry out functions normally reserved for transport agencies, by hiring, on their own behalf, with duly authorised hauliers, the carrying-out in a a specific mode of transport to which they are directly carried out in different ways.

Article 28.

1. A combined or successive transport is considered to be the case where a single contract with the charger or user is carried out materially in succession by several carriers in one or more modes of transport.

2. The procurement of combined transport may be carried out in the following ways:

a) Contreating the transport the loader together with the various carrier companies.

(b) By means of the action of a transport or transit agency that is jointly or individually contracted with the various carrier companies and is subrogated to the position of the carriers in front of the cash loader.

c) Contracting the transport to the charger or user with one of the companies performing it, which will appear as an effective carrier in relation to the transport that it materially carries out itself, and act as an agency of transport in relation to other undertakings.

CHAPTER V

Coordination of the transport system with the needs of defence and civil protection

Article 29.

1. In accordance with the provisions of the national defence legislation, the Ministry of Transport, Tourism and Communications is the body of the State Civil Administration with competence throughout the territory of the State. implement the national defense policy, in the transport sector, under the coordination of the Ministry of Defense and in accordance with the provisions of this Law.

2. Therefore, in accordance with the provisions of Article 149.1.4 of the Constitution, it is for the Ministry of Transport, Tourism and Communications to monitor and coordinate the activities of the Autonomous Communities in the field of transport. national defense so requires.

Article 30.

1. In the framework of civil defense functions, it is up to the Ministry of Transport, Tourism and Communications to study, plan, schedule, propose, execute and inspect how many aspects relate to the contribution of the Ministry to national defense, in the field of transport.

2. In the same way, it will develop the same functions as regards the mobilization of people, goods and services, in accordance with the Sectoral Mobilization Plans and the Ministerial Mobilization Plans.

3. To this end, the Ministry shall design and provide for a continuous update of the arrangements for the conversion of the civil transport organisation into a precise manner.

Article 31.

In the field of civil protection, in its relation to the activity of transport, it corresponds to the Ministry of Transport, Tourism and Communications, in accordance with the rules and coordination rules established by the Ministry of the Interior:

-To inform and collaborate in the drafting of the general provisions and the technical norms on safety and security that will be dictated related to the contribution of the transports to the activities of protection civil.

-To participate in the formulation of the criteria necessary to establish the catalogue of the mobilizable resources that requires the civil protection in the field of the transports, as well as in the elaboration of the same.

-To participate in the coordination of the actions of the competent bodies in the field of civil protection, related to the prevention of risks, the control of emergencies and the rehabilitation of the public services affected by these, which have an impact on the transport or on which the intervention of the transports is necessary.

-Propose the standardization of techniques and means on transports that are of interest for the fulfillment of the purposes of civil protection.

-To collaborate in the elaboration and approval of the Territorial and Special Plans of intervention in emergencies that can affect the transports, as well as the execution of the forecasts regarding the employment of these.

CHAPTER VI

Land transport inspection

Article 32.

1. The inspector shall be responsible for ensuring compliance with the rules of land transport and for the complementary and ancillary activities of the land transport service.

2. The members of the land transport inspection, in cases of need for an effective performance of their function, may request the necessary support from the units or detachments of the State Security Forces and Corps Autonomous or Local.

3. Without prejudice to the cooperation provided for in the previous point, in the territories in which the surveillance of transport to the Civil Guard is attributed, within each Subsector of the Traffic Pool, there shall be a sufficient number of agents which The Commission shall, in accordance with Article 3 (2) of Regulation (European) No No 2, provide the Commission with a view to the implementation of this Regulation. The coordination of these actions will be articulated through the civil governors.

Article 33.

1. The officials of the transport inspectorate carrying out management duties shall, in the course of the inspection measures, take account of public authority for all intents and purposes, and shall enjoy full independence in the development of the same, within the framework of the provisions of Article 35.2. The other personnel assigned to the Inspection Services shall have in the exercise of the same the consideration of the agent of the authority.

2. The holders of the services and activities referred to in this Law, and in general the persons concerned by their provisions, shall be obliged to provide the staff of the land transport inspectorate in the performance of their duties. the inspection of their vehicles and facilities and the examination of the documents, accounting records and statistical data that they are required to carry.

The requirement referred to in this point may only be made in so far as it is necessary to verify compliance with the obligations contained in the transport legislation.

Article 34.

Inspection services shall carry out their duties in relation to all undertakings which carry out transport services or activities or are affected by the rules on the management and control of transport. For public undertakings, their activity shall be carried out with organic and functional independence from the internal control which, in their own organisation and action, shall be carried out by such public undertakings.

Article 35.

1. The inspector's office may be exercised either on its own initiative or as a result of a reasoned request from the users or their associations, as well as from the undertakings or associations of the transport sector.

Transport industry associations will be able to collaborate with the inspection services in the way they are regulated.

2. The increase in the effectiveness of the inspection function will be pursued through the periodic elaboration of inspection plans which will give the inspecting performances a systematic character and will pay special attention to the transport of goods dangerous.

The preparation of these plans will be carried out in a coordinated manner with the competent bodies for the surveillance of urban or inter-urban transport, in order to achieve adequate coordination in the implementation of the different surveillance and inspection powers.

CHAPTER VII

The National Land Transport Council

Article 36.

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

2. The Council shall be composed of experts appointed, by reason of their competence, by the State Administration, and by representatives of the Administration, the associations of carriers and ancillary and complementary activities of the transport by road, railway undertakings and, where appropriate, other modes of transport, users, chambers of commerce and workers in the transport undertakings designated through the trade unions.

3. The specific composition, the system of designation of its members and the organization of the National Council of Land Transports will be established regulatively.

4. The National Land Transport Council must coordinate its action with those of the Territorial Councils or similar bodies which can be established by the Autonomous Communities.

5. The competences of the National Council of Land Transports will be established regulatively, corresponding, in any case, to inform in the procedure of elaboration of the Plans of Transport, as well as to propose to the Administration measures considered to be relevant in relation to the coordination of road transport, and of these with other modes of transport.

CHAPTER VIII

Arbitration Boards of Transportation

Article 37.

1. As an instrument of protection and defense of the intervening parties in the transport, the Arbitaltas of the Transports are created. Their competence, organisation, functions and procedures shall be in accordance with the provisions of this Law and the rules for the development of the law.

In any case, they should be part of the Boards, members of the Administration, to which the presidency will be responsible, representatives of the transport companies and representatives of the shippers and users.

2. The Ministry of Transport, Tourism and Communications, through the Directorate General of Land Transports, will address the conflicts of privileges that may arise between the Arbitration Boards of Transport.

The Ministry will also ensure proper coordination between the Arbitration Boards of Transportation, facilitating the exchange of information and exercising all other functions assigned to it.

Article 38.

1. The Arbitration Boards shall decide, with the effects provided for in the general legislation of arbitration, the disputes arising in connection with the performance of the land transport contracts and the ancillary and complementary activities of the road transport which, in accordance with the provisions of the following point, is subject to its knowledge.

2. Provided that the amount of the dispute does not exceed 500,000 pesetas, the parties shall submit to the arbitration of the Boards any conflict arising in connection with the performance of the contract, unless otherwise agreed.

In disputes the amount of which exceeds 500,000 pesetas, the contracting parties may expressly agree to submit to the arbitration of the Juntas of the conflicts arising in the performance of the aforementioned contracts transport.

3. The procedure under which the arbitration is to be conducted shall be established by the Government, which shall be characterised by the simplification of formalities and the non-requirement of special formalities.

4. The Arbitration Boards shall carry out, in addition to the arbitration function referred to in the preceding paragraphs, how many actions are attributed to them.

CHAPTER IX

Transport users

Article 39.

1. Users shall participate, in accordance with the provisions of this Law and in the specific legislation of consumers and users, in the procedure for drawing up the provisions and administrative decisions concerning transport which affect them, in the form that is regulated.

2. The Administration shall encourage the establishment and development of user associations and enhance their participation in the planning and management of the transport system.

Article 40.

1. The Administration shall keep users informed of the benefits of the transport system which are available at any time, as well as their modifications.

2. The Administration shall also draw up the catalogue of rights and duties of transport users, the dissemination and fulfilment of which will be provided by the latter. The above duties will be mainly determined by the establishment of the general conditions for the use of the service and the obligations of the users.

Article 41.

1. The Administration shall establish the general conditions to be met by the users, as well as their obligations in the use of land transport.

2. Failure to comply with the conditions and obligations referred to in the preceding paragraph shall be punishable in accordance with the provisions of Article 142 (i) and Article 173.

TITLE II

Provisions of general application to road transport and ancillary and ancillary activities of the same

CHAPTER FIRST

Conditions for the exercise of transport and ancillary and ancillary activities of the same

Section first. Prior conditions of a personal nature for the professional exercise

Article 42.

1. Public transport by road defined in Article 62 of this Law, as well as ancillary and ancillary activities, may only be carried out by persons who meet the following requirements:

(a) Having Spanish nationality, or that of a foreign country with which, pursuant to the provisions of Treaties or International Conventions entered into by Spain, that requirement is not enforceable.

b) Credit for the necessary conditions of professional training, good repute and economic capacity.

2. The Government may exonerate compliance with the conditions referred to in the previous point, or any of them, or establish summary or simplified procedures to prove that compliance with:

(a) The carriage of passengers by persons or undertakings whose principal activity is not that of carriers or which are not of a commercial character and which have a weak impact on the transport market.

(b) National transport of goods which, by reason of the nature of the cargo or its reduced territorial scope, has a weak impact on the transport market.

(c) Transport of passengers carried out in vehicles with a capacity of less than 10 seats, including the driver's seat, as well as the carriage of goods carried out on vehicles whose authorised payload capacity does not exceed 3.5 tonnes or whose authorised maximum weight does not exceed six tonnes, and may be lowered by the Government these limits.

(d) Vehicle leasing activities, passenger agencies, passenger and freight stations, and load information and distribution centers.

As long as the Government does not make an express determination, in relation to the transports and activities referred to in paragraphs (c) and (d) above, it shall not be required for the fulfilment of the same requirements as refers to this Article.

3. In the case of individual undertakings, the holder of which does not fulfil the requirement of professional training, that requirement may be satisfied by the fulfilment of the requirement by another person who effectively and permanently directs the undertaking. Such a person must also comply with the requirement of good repute, but without this meaning that the owner is exempt from it.

In the case of undertakings or collective entities, the requirement of good repute must be fulfilled by all the persons who, in an effective and permanent manner, run the undertaking, by sufficient means, as regards the requirement of professional capacity, which is fulfilled by one of these.

4. Compliance with the conditions of good repute, professional training and economic training shall be recognised for persons, undertakings or entities, individual or collective, nationals of other Member States of the EEC, or compliance with the legislation of another Member State and established in the territories of the other Community countries, after finding that they comply with the requirements laid down in Community legislation for that Member State. recognition.

Article 43.

1. Professional training means the possession of the knowledge necessary for the exercise of the activity of the carrier.

Reglamentarily will be determined:

a) The minimum required knowledge.

b) The way to acquire such knowledge.

(c) The system of verification by the competent authority of the possession of the required knowledge, as well as the issuing of the documents certifying such training.

2. The Administration may, in accordance with the rules laid down in this Regulation, authorise the continuation, for a maximum period of one year, of an extension of six months in duly justified special cases, of services or activities transport referred to in point 1 of the first article, even if the requirement of professional training is not met, in the case of death or physical or legal incapacity of the person who has so far complied with that requirement.

Without prejudice to the provisions of the preceding paragraph, the Administration may grant the professional training requirement to the persons referred to in that paragraph, provided that they have a practical experience of at least three years in the effective management of the company.

Article 44.

For the purposes set out in this Law, the persons in whom none of the following circumstances are not present shall be deemed to be of good repute:

(a) Have been convicted, by a firm sentence, of intentional crimes with a penalty equal to or greater than a lesser prison, as long as they have not obtained the cancellation of the sentence.

(b) Having been sentenced, by final judgment, to penalties of disqualification or suspension, unless they had been imposed as ancillary and the occupation of carrier had no direct relation to the offence committed.

(c) Have been repeatedly sanctioned, by firm resolution, for very serious violations in the field of transport, in the terms that are regulated in law.

Article 45.

The economic capacity consists of the provision of the financial resources and of the material resources necessary for the implementation and proper management of the activity concerned in the terms that it regulates determine.

Article 46.

The determination of professional training and in its case of economic capacity may be established in a variable manner according to the specific nature of the transport or the activity of which in each case is dealt with, fundamentally, to the nature, class, intensity, volume and territorial scope of the services or activities to be developed.

Section 2. Enabling administrative titles for the exercise of the activity

Article 47.

1. For the performance of road transport and ancillary and ancillary activities it will be necessary to obtain the corresponding administrative title which enables them. However, the Government may exempt private transport and discretionary public goods from such a requirement, which, in order to be carried out in vehicles with a small load capacity, have a low impact on the general system of transport.

2. The qualifying titles shall, for the various kinds of transport services or activities, be the legal form expressly provided for in the specific regulation of each of them.

Article 48.

1. In order to grant the administrative titles enabling the provision of public transport services, or for the carrying out of ancillary and ancillary activities, it will be necessary, according to The following requirements shall be determined in accordance with the following requirements:

(a) Meet the requirements set out in point 1 of Article 42.

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

(c) To comply, where appropriate, with those specific conditions necessary for the proper provision of the service or performance of the activity, which are expressly established in relation to the different classes or types of securities enabling.

2. The loss of any of the requirements referred to in paragraph 1 (a) above, with the exception of Article 43 (2), as well as the repeated non-compliance with any of the requirements laid down in paragraphs (b) and (c) thereof, determine the revocation by the Administration of the corresponding enabling titles.

Article 49.

1. As a general rule, the transport offer will be governed by the free competition system. This, however, the system of access to the transport market and ancillary and complementary activities of the same, may be restricted or conditioned by the Administration, in the forms provided for in this Law, in the following assumptions:

(a) Where there are mismatch between supply and demand involving market conditions such that the proper provision of the activities or services is not ensured.

(b) Where in a balanced market situation the increase in supply is likely to result in the mismatches and disfunctions expressed in paragraph (a) above.

(c) Where the proper functioning of the transport system requires an appropriate sizing of the capacity of the undertakings.

d) Where there are general economic policy reasons linked to the best use of available resources.

e) When the operation of the transport system as a whole may be impaired.

2. Exclusive actions may be permitted only in the passenger transport market, in the case of services whose nature or characteristics determine that their establishment or continuity requires, in order to ensure adequate satisfaction of the needs of the community, the exclusion of the concurrency regime.

Article 50.

1. The limiting measures referred to in Article 49 may be adopted either in general or in part in relation to certain types of services or activities and may also be restricted to geographical areas. concrete.

2. Such limiting measures may be laid down under some or some of the following:

(a) Granting of securities with the imposition of certain conditions, modal obligations or restrictions on movement.

b) Fixing quotas or maximum quotas for the various classes of enabling titles to be issued in the time periods to be pointed out.

c) Suspension or temporary limitation of the granting of new titles.

Article 51.

1. The granting of the enabling administrative titles for the carrying out of the transports and the ancillary and complementary activities regulated in this Law will have a watered-down character, so that, when the requirements laid down in the Article 48 (1), as well as those required by the specific rules governing each service or activity, must be granted, provided that it does not take any of the causes of restriction or limitation legally determined.

However, in the case of passenger transport services assumed by the Administration, which is indirectly managed by concession, it may decide on the appropriateness of the establishment of the service.

2. Where the limitations provided for in the preceding Articles are laid down, the allocation of quotas or quotas, or the fixing of the conditions, obligations or restrictions, according to their various modalities, shall be carried out in accordance with criteria In any event, the administration is prohibited from granting or distributing the corresponding securities to the authorities.

Item 52.

1. The enabling titles referred to in this Section may be transmitted only validly to persons other than those to whom they were originally granted when the following circumstances are taken together:

(a) The transmission shall be made in favour of a natural or legal person who meets the requirements referred to in Article 48, except as provided for in point 2 of Article 42.

b) That the transmitters, the acquirers or both meet the specific requirements established by the Administration, in relation to the possibility of transmission of each of the different types of enabling titles.

(c) That is not a matter of enabling securities referring to modes of transport which, by reason of their international character or other specific conditions, the Government has established its non-transmissibility.

2. The transmission shall in any event be subordinate to the Administration of prior conformity to the transmission, making the subjective novation of the enabling title in accordance with the requirements set out in point 1 above.

Section 3. General requirements for the exercise of the activity

Article 53.

1. Persons who obtain any of the necessary qualifications for the performance of road transport services or ancillary or complementary activities of the same regulated in this Law, must be registered in the Register General of Carriers and Companies of Auxiliary and Complementary Activities of the Transport that to this effect will exist in the Ministry of Transport, Tourism and Communications. The registration of such securities shall be an essential requirement for the exercise of the activity referred to in the registered title.

2. The data and circumstances to be recorded, as well as the organisation and operation of the Register, shall be established in a regulated manner and shall in any event permit the computerised processing of the data contained in the Register. same.

3. Registration in the Register shall be carried out or promoted by the administrative body issuing the corresponding enabling title, or performing the administrative action which will motivate the registration. Through the appropriate agreements, the necessary mechanisms will be established to coordinate with the General Registry the Territorial Records that can be established by the Autonomous Communities for the registration of persons who obtain qualifications enabling them to compete.

The Registry will be published on the terms that you regulate will be established.

4. Vehicles dedicated to carrying out transport must be registered in the Register, in accordance with the provisions of the Administration.

Article 54.

1. The conduct of public transport shall be carried out under the direction and responsibility of persons who have hired them as porters. Such performance shall be carried out, except in the case of cooperation between carriers provided for in the Law, through its own business organisation.

2. For the purposes of the foregoing point, vehicles are deemed to be integrated into the carrier's business organisation when they are owned by them, when they have taken them by lease in accordance with legal conditions or (a) whether or not they are legally established under any other legally valid right which permits their use in sufficient form for the proper management of the transport in accordance with the requirements of the administration; is determined.

3. As vehicles which carry out transport and which must be covered by the corresponding enabling titles, vehicles with their own traction capacity shall in any case be considered. The use of trailers and semi-trailers, without prejudice to their carrying capacity, shall be free, without specifying a specific enabling title.

Article 55.

The vehicles with which the public and private transports are regulated in this Law, and, where appropriate, the loads carried on them, must comply with the technical conditions that are necessary according to the industrial legislation, movement and regulatory security of such matters.

When the appropriate provision of certain transport services makes it appropriate, the Administration may establish in relation to the vehicles with which they are carried out and with the loads carried, either these divisible or not, additional or different specific conditions.

Article 56.

The persons to whom the qualifying titles are awarded for the performance of the transports and the auxiliary and complementary activities of the same regulated in this Law, must constitute in the form and amount that (a) rules are laid down, except in respect of the types of transport or activities which are subject to the special characteristics, a security which is affected by the guarantee of compliance with the responsibilities and obligations (i) administrative arrangements for the management of such securities. The lodging of the said bond must in any case be credited prior to the delivery of the new titles that are awarded.

CHAPTER II

Collaboration with Business Administration and Cooperation

Section first. Collaboration with administration

Article 57.

1. The associations of carriers and ancillary and complementary activities of road transport, legally constituted, will be able to collaborate with the Administration in the performance of the public functions of management and improvement of the operation of the sector, in the form provided for in this Law and in its implementing rules.

2. For the collaboration of the professional associations in the exercise of public functions, provided for in the previous point, and to be part of the National Committee of the Transport by road regulated in the following article, it will be necessary its previous registration in the section which shall exist in the General Register as provided for in Article 53.

3. The criteria by which the representativeness of the various professional associations, according to the number and/or volume of the undertakings, shall be recorded in the registers referred to in the preceding paragraph shall be laid down. integrated into them.

Article 58.

1. The National Committee for Road Transport is a private corporate entity with legal personality, consisting of the associations of carriers and ancillary and complementary activities of road transport.

The National Committee will guide and harmonize the criteria of the different professions and sectors of transport, and without prejudice to the direct and individualized collaboration of the associations with the Administration, it will be the channel of integrated participation of the sector, in those public actions that affect it in a general way, that have a relevant character, or that involve a significant impact on it.

The National Committee will be composed of representatives of the professional associations that constitute it.

2. The designation of the members of the National Committee shall be carried out democratically by the associations according to their respective representativeness, according to the criteria to be established by the Administration.

3. The National Committee shall adopt its Rules of Organization and Operation, which shall be authorized by the Administration and conform to the rules which they shall regulate, which shall guarantee their democratic character. Within the National Committee, different sections may be established for the different classes of transport services or activities. In any case, the system of operation and performance shall make it possible for minority positions to be sufficiently collected, and to be known and weighted by the Administration.

Article 59.

In the exercise of its function as a channel for the integrated participation of the sector in the exercise of the public functions affecting it, the following shall correspond to the National Committee for Road Transport. competencies:

(a) Report on the pricing procedures and propose in their case to the Administration that they consider to be applied in the various transport services and activities.

(b) To report at the request of the Administration in the procedure for the imposition of the sanctions to bring about the definitive revocation of the authorization or the expiration of the concession.

(c) Collaborate with the Administration in the manner provided for by the Administration in relation to the professional training and management of the transport declaration or other transport control documents.

d) Promote and collaborate with the Administration in the creation of information centers and distribution of loads and road transport stations.

e) Evacuate how many queries are performed by the Administration.

(f) Participate in the representation of transport companies and associations in the procedure for the elaboration of the number of transport provisions.

g) Perform how many other functions are legally or legally attributed to you.

Section 2. Grouping and cooperation between enterprises

Article 60.

1. The Administration will promote the grouping and cooperation of small and medium transport entrepreneurs, protecting the establishment of collaboration formulas and especially cooperatives.

2. The enabling titles for the performance of the services and activities of transport regulated in this Law may be awarded directly to the cooperative entities of work associated, provided that these meet the general requirements required for such a grant.

3. Hauliers who hold the enabling securities regulated in this Law must transmit them to the cooperative entities of the associated works of which they are a party, and if necessary subsequently recover them, when their absence occurs in the subject to the requirements to be determined by the Administration. In any event, special conditions shall be laid down for the recovery of the authorisations for the discretionary transport which would have been transmitted by their members to the cooperative, where the latter would have served as a basis for the granting and carrying out regular services for which the cooperative itself is to be awarded.

Article 61.

1. Persons entitled to the provision of occasional goods or passenger transport services may establish cooperative carriers, taking into account the functions assigned by their specific rules, including the for the collection of services and marketing for its partners. Such cooperatives shall contract the provision of the said discretionary services on their own behalf, with the same being carried out in any event, without further exceptions than the alleged cooperation between carriers legally provided for, by any of its partners which have the corresponding administrative title which it enables for the provision. In this case, in the contract of transport with the user, the cooperative will appear as a carrier, and the relations of this with the partner holder of the enabling title that will materially carry out the transport, will be governed by the rules and rules Cooperative regulators.

The obligations and administrative responsibilities that the Law attributes to the carrier will correspond to the incumbent partner of the corresponding authorization, which materially carries out the transport. The cooperative will assume the obligations and administrative responsibilities that the Law attributes to the intermediaries.

2. In order to carry out the activities referred to in point 1 of this Article, and the previous article, cooperatives must be registered in the special section which will exist for this purpose in the General Register Regulated in Article 53 must also comply with the special conditions to be determined by the Administration.

3. The Administration shall lay down the requirements to be met by the marketing companies and, where applicable, specific rules for the operation of such companies.

Carrier cooperatives and marketing companies must meet the requirement of professional training required for the activity of the transport agency.

TITLE III

From road transport services and activities

CHAPTER FIRST

Classification

Article 62.

1. Road transport is classified according to its nature in public and private.

2. It is public transport which is carried out on behalf of others through economic remuneration.

3. Private transports are those which are carried out on their own account, either in order to satisfy particular needs or as a complement to other main activities carried out by undertakings or establishments of the same subject; and directly linked to the proper development of such activities.

Article 63.

1. By reason of their object the transports can be:

(a) For travellers, when they are engaged in the movement of persons and their luggage in vehicles built and put up for that purpose.

(b) Goods, when engaged in the movement of goods, in vehicles constructed and conditioned for that purpose.

(c) Mixts, when they are dedicated to the joint movement of persons and goods in vehicles specially equipped for this purpose, which carry out the transport with due separation. Mixed transports shall be governed by the provisions of this Law which are applicable to their specific nature, in accordance with the provisions of this Law.

2. The carriage of passengers may drive objects or orders other than the luggage of passengers, and the carriage of goods, persons other than the driver, when their transport is compatible with the technical characteristics of the goods. vehicle, and the vehicle itself is authorized by the Administration, under the conditions which shall be established in each case.

Article 64.

1. Public passenger transport by road may be regular or discretionary.

It is regular transports that are carried out within pre-established itineraries, and subject to pre-set timetables and timetables.

It is discretionary transports that are carried out without any pre-established schedule, schedule, or schedule.

2. Public transport of goods by road shall in any event be regarded as discretionary, even if there is a repetition of the itinerary, timetable or timetable.

Article 65.

1. Transport is classified according to the scope in which it is carried out, indoors and internationally.

2. They are inland transports which have their origin and destination within the territory of the Spanish State, and are as a general rule in the Spanish State, although, by reason of their routes and multimodal transport, they will be able to cross waters or air spaces not belonging to Spanish sovereignty.

3. International transports are those whose itinerary runs partially through the territory of foreign states.

Article 66.

1. In view of the speciality of their subject matter and their legal status, transport is classified as ordinary and special.

2. These are special transports, those in which, because of their danger, urgency, incompatibility with another type of transport, social impact, or other similar causes are subject to special administrative rules, which may be required for their benefit as provided for in Article 90 of a specific authorisation.

The concrete determination of the special transports, as well as the establishment of the specific conditions applicable to each of them, will be carried out in the norms of the development of this Law. In any case, special transport of dangerous goods, perishable goods the transport of which must be carried out in vehicles under directed temperature, that of sick or injured persons and the funeral service shall be considered.

CHAPTER II

Regular public passenger transports

Article 67.

Regular public passenger transports can be:

a) For their continuity, permanent or temporary.

It is regular regular public transports that are carried out on an ongoing basis, to meet needs of a stable nature.

These are temporary regular public transport which are intended to cater for exceptional or short-term traffic and for a limited period of time, but may be repeated on a regular basis, such as those of fairs, markets, holidays, or similar ones.

b) By use, general use or special use.

It is regular general public transport that is intended to meet a general demand, being usable by any interested party.

It is regular public transport of special use that is intended to serve, exclusively, a specific group of users such as schoolchildren, workers, military, or similar homogeneous groups.

Article 68.

1. For the purpose of carrying out the various types of passenger transport, it is necessary that the vehicles, with which they are carried out, are also covered by the special concession or authorisation for regular transport, which in each case the case corresponds in accordance with the provisions of Sections 1 and 2 of this Chapter, by the enabling authorization for the conduct of the occasional carriage of passengers, as regulated in Chapter III of this Title.

2. Exceptionally, and in accordance with the rules laid down in this Regulation, the requirement referred to in the preceding paragraph may be exempted in respect of all or part of the vehicles with which the permanent regular services are provided. in general use, where the appropriate provision of the service requires the exclusive dedication of such vehicles to the carrying out of the transport of the relevant concession.

Section first. Permanent regular public transport for general purpose travellers

Article 69.

1. The permanent regular public transport of passengers of general use, except in the case provided for in Article 87, has the character of public services of ownership of the administration and must be accepted for all purposes. those persons who wish to do so and who comply with established regulatory conditions.

2. The management of the services referred to in the previous point shall be governed, as not provided for in this Law and in its implementing provisions, by the general rules governing administrative procurement.

Item 70.

1. The provision of permanent regular passenger transport services shall be preceded by a corresponding and founded administrative decision on the establishment or creation of such services, which must be accompanied by the approval of the relevant project to provide them.

2. Such establishment or establishment shall be agreed by the Administration, either on its own initiative or by individuals, taking into account current and potential transport demands, the means available to serve them, the impact of their inclusion in the transport network, and the rest of the social circumstances affecting or affected by that establishment. In any event, the creation of new services must comply with the provisions laid down in the transport programmes or plans, and these must be subject to the necessary updates if they do not include services. the establishment of which is shown to be necessary or appropriate after approval.

Article 71.

1. The provision of public transport services for general use shall, as a general rule, be carried out by the undertaking to which the relevant administrative concession for its provision is attributed.

However, where there are grounds to justify it, the Administration may decide that the holding will be carried out through any of the other public service management procedures provided for in the regulatory legislation on administrative procurement.

2. By way of derogation from point 1 above, direct public administration of a service shall be carried out without the corresponding contest, where indirect management is inappropriate to the character or nature of the service, to satisfy the economic or social objectives which are intended to be achieved, or to be claimed for reasons of particular public interest or of a social economic nature. The assessment of these circumstances shall be the responsibility of the Government, in accordance with the procedure to be determined.

3. Where the circumstances provided for in the preceding paragraph are given, the Administration may directly provide the permanent public transport services of general use, using for its management any of the figures on the management public enterprise supports existing legislation.

Article 72.

1. The concessions referred to in the previous Article shall be deemed to have been granted on an exclusive basis and cannot be established until other concessions covering matching transport services are in force, except for cases where Regulations are excepted for justified reasons of public interest.

In the same way, the circumstances of the assessment of the coincidence will be determined, paying special attention to the nature of the services and the similarity of the benefits of the same, excluding in any case the area of the influence of large urban centres, according to the distances laid down in such regulations.

2. When transport between the same locations can be carried out by different routes, as well as changes in the road network involving a communication between points served by concessions already in place, regulations determine the conditions under which, where appropriate, it is appropriate to assess the coincidence and, if this is not to be assessed, a special scheme should be provided for in relation to the new services to be established, taking into account specifies the status of the holders of existing concessions.

3. The duration of the concessions will be established in the concessional title, in accordance with the characteristics and needs of the service and with regard to the deadlines for the depreciation of vehicles and installations. The duration may not be less than eight years, not more than 20 years. Where the concession period ends, without the end of the procedure for determining the subsequent provision of the service, the concession-holder shall extend its management until the end of the procedure, without in any event the latter. required to continue such management for a period of more than 12 months.

Article 73.

1. For the granting of the corresponding concession, the tendering procedure shall be followed, which may be used by undertakings which meet the requirements laid down in Article 48 and those which, or for each individual case, are regulated. determine.

2. The competition will be based on the corresponding specifications, the project approved by the administration, and the basic services and the complementary services, the itineraries, the traffic that can be carried out, the stops, the tariff rate, the minimum number of vehicles, the maximum time for depreciation of the vehicles, the fixed installations which, where appropriate, are necessary, and the other circumstances that define the service and set up the service benefit.

3. The conditions and circumstances referred to in the preceding paragraph may be laid down in the specifications as minimum requirements, or as a guideline, and may be allowed by the tendering companies within the limits of their case (a) to make offers which include details, extensions or modifications of the conditions of the relevant contract, provided that they do not alter the essential conditions of the service or its provision.

Article 74.

1. In the decision of the contest, account shall be taken of the circumstances of any order in the various tenders, and of the undertakings which make them, and must be laid down in general or in the specifications, criteria of specific assessment.

2. In the event that the offer, which the former dealer had in his case, deserved a similar assessment as another or other of those submitted, he must take precedence over the same, provided that the supply of the service is performed under appropriate conditions, in the terms that are determined to be determined.

3. In any event, tenders which lay down either technically inadequate or reckless economic conditions or which do not adequately guarantee the provision of the service under the precise conditions and the continuity of the service shall be rejected.

Article 75.

1. The service must be provided under the conditions laid down in the concession contract, which shall contain those laid down in the specification with the details or amendments offered by the successful tenderer, which are accepted by the Administration.

2. Regulations, or in the concessional title, shall determine the circumstances of the benefit included in that title which may be freely modified by the concessionaire, in the interests of better management of the service, where appropriate, to the Administration, which may prohibit them, where they are contrary to the public interest, or establish specific limits for their exercise.

3. The Administration may make, on its own initiative or at the request of the dealers or users, the modifications, in the conditions of benefit, not provided for in the concession title, and the extensions, reductions or substitutions of itineraries which are necessary or appropriate for a better provision of the service, being obliged to respect, in any event, the economic balance of the concession.

When such modifications consist of extensions or hyjuels, they shall only proceed when they constitute a mere appendix to the main service to be provided in a holding unit with that service, or when they are not an entity. for an economically independent operation.

4. Where, as a result of the provisions of this Law, a company other than that which had hitherto exploited the service would be awarded the concession, it shall be observed in respect of the possible subrogation of the service in relation to the the workers of the former, the rules laid down in the labour law.

5. The new concessionaire shall not be liable for the salary rights accrued prior to the actual taking over of the services, or for the debts to the Social Security, tax or other debts incurred by the previous employer.

Article 76.

1. In order to deal with traffic intensities which cannot be met by vehicles attached to the concession, other vehicles may be used, either of the concessionaire, or transferred with or without a driver, by other hauliers. through any valid legal formula.

Such vehicles shall, in any event, be covered by the enabling authorisation for the discretionary carriage of regulated passengers in Chapter III of this Title for the class and scope of the transport in question.

2. The service shall in any event be considered for the purposes of the corresponding private legal relations, as well as the obligations and responsibilities of an administrative nature, provided by the concessionaire of the regular service, considering vehicles transferred by other carriers integrated in your organization.

Article 77.

1. Vehicles attached to the regular service concessions may also carry out services of a discretionary nature, provided that they are covered by the enabling authorization for the same, and the correct procedure is ensured. provision of regular service.

2. The Administration may authorise, in accordance with the provisions of this Regulation, that the same vehicle may be used in a number of regular services, the provision of which corresponds to the same holder.

3. It may also authorise the use of vehicles to serve the network of routes of two or more concessions from different operators, provided that the same points of contact and the service are provided without a continuity solution in the route. However, only the granting of the said authorization shall be granted if, in the relevant file, the non-provenance of establishing as an independent service the itinerary corresponding to the various concessions is accredited. that the vehicle in question is to be used.

Article 78.

As a general rule, concessions will be granted only for default services of a linear character; however, the Administration may grant zonal concessions that will comprise all regular services. permanent or temporary and of general or special use to be provided in a given area, except those expressly excepted. The legal regime established for linear as long as it is compatible with its specific nature shall apply to zonal concessions.

Article 79.

1. Zonal concessions shall be in accordance with the determinations of an operating plan for the area concerned, approved by the Office of Trade or at the initiative of the private individuals, which shall contain the forecasts which it shall regulate. signal and that it will be part of the concessional clauses.

2. The operating plans referred to in the previous paragraph shall take into account the needs of the users, the structure of the services to be integrated into the concession and the requirements of the spatial planning.

3. For reasons of public interest, the Administration may constitute or modify transport zones, as well as vary the operating plans, while maintaining the economic balance of the pre-existing concessions.

Item 80.

1. The granting of zonal concessions shall be subject, in any event, to the observance of the economic rights of the holders of the regular, permanent or temporary, and general or special, regular services, which run in whole or in part for its territory.

2. Linear services, the route of which runs more than 50 per 100 for an area or area of transport, shall be automatically incorporated within the time limit of the duration of the respective special concession or authorisation, or before, by appropriate economic compensation, if the general interest so advises.

3. The general arrangements laid down in this section shall apply to zonal concessions, in respect of their granting arrangements and other non-expressly provided circumstances. However, where the rationality in the design of the transport system so advises, the direct award of the transport system may be made to the holders of the services referred to in point 1 of this Article.

Article 81.

1. Where there are objective reasons of public interest which justify it and do not render it viable or appropriate to establish a new service independently of the existing ones, the Administration may, on its own initiative or at the request of a party, respecting the economic balance of the concessions, agreeing on the unification of the services which have been the subject of independent concessions, for the purpose of ensuring that the services are provided on a company-unit basis. Where the services correspond to concessions granted to different undertakings, the system to be followed for determining the management system shall be established by regulatory means.

2. Unified services shall in any event be considered to be provided under a new concession; the duration of the concession shall be fixed, in accordance with the rules laid down in law, in accordance with the time limits laid down in the concessions for the services which are to be unified, for the traffic of these services and for the improvement of the transport system which involves unification.

3. Where the unification of concessions is carried out, the Administration may make the modifications to the operating conditions which are necessary for a more adequate supply of the service, in accordance with the characteristics of the unified grant.

Article 82.

Concessions will be extinguished for the following reasons:

a) Transcourse of the time you have been granted.

(b) Failure to comply with the essential conditions of the concession in accordance with the terms of Article 143 (5).

(c) Death of the individual employer or the extinguishing of the management company, unless the transmission of the same is produced in the terms which are determined. The company's extinction will not be considered to have occurred, when it simply changes its legal form, but the company's economic and employment aspects are maintained.

d) Dealership or suspension of payments that makes it impossible to provide the service.

e) Suppression or rescue of the service for reasons of public interest.

f) Waiver of the concessionaire in legal or regulatory cases.

g) Mutual agreement between the Administration and the concessionaire.

h) For the reasons provided for in Article 48.2.

i) Those that are expressly set out in the contract.

j) Unification of several concessions as provided for in Article 81.2.

Article 83.

1. When the removal of the service is decided or other reasons of public interest are given that justify it, the Administration, after report of the National Transportation Council and the National Committee for Road Transport, will be able to rescue the concessions at any time prior to the date of their expiration. Such a rescue shall take place, where it is carried out without any failure to comply with the concessionaire which justifies the expiry as a penalty, as provided for in Article 143 (5) of this Law, for the compensation which, where appropriate, corresponds. The compensation shall be made in accordance with the Administration's legislation on patrimonial liability.

2. The concessionaire, making the corresponding notice twelve months in advance, and after authorization from the Administration, will be able to waive the service delivery.

Article 84.

1. Where the rescue or waiver assumptions provided for in the previous Article are produced, as well as the determining failure to comply with the expiry date, the Administration shall, unless it decides to abolish the service or assume its direct management in accordance with the provisions of the provided for in Article 71.2, shall, in the shortest possible time, convene a new public tender to grant the concession, and in the meantime, may, directly or indirectly, manage the service, using, where necessary or appropriate, the personal and material means, or any of them, with which he or she has been by lending itself, assuming the economic performance of the holding.

2. Where the use provided for in the previous point is made, the concessionaire shall be compensated for such use, in accordance with the provisions of the legislation on the administration's liability. However, no such compensation shall be provided in the following cases:

(a) Where the licensee's default has occurred, and the use provided for in the previous point is made within 12 months of the expiry declaration.

(b) Where the use regulated in this Article brings in origin the waiver of the concessionaire, if the notice thereof has been produced less than twelve months in advance, in respect of the subsequent use, until complete the 12-month deadline.

Article 85.

1. Where the insolvency of the concessionaire is liable to affect the proper provision of the service, its abandonment, interruptions in its provision, or, or its obvious malfunction, the Administration may intervene in the provision of of the service, assuming its management and operation for a maximum period of six months and using the personal and material means of the concessionary company for this operation. The economic performance will continue to be attributed to the Company.

2. The intervention scheme and its economic effects shall cease if the concessionaire is to resign in accordance with the provisions of Article 83 (2), or the expiry of the concession is declared, the consequences of which shall be incurred in such cases. referred to in Article 84.

Article 86.

The administrative concessions for permanent regular public service for the carriage of passengers by road and the vehicles and installations for which they are intended, shall not be the subject of an embargo, without prejudice to the possibility of the holding of the same and a part of the collection may be brought to the end of the debt repayment, to which effect the creditor may be liable for account and risk, to appoint a financial controller to check the recovery obtained and to take charge of the part which has been pointed out, which may not exceed the percentage or Regulation is determined.

Item 87.

1. Those services of a low rate of use where, due to a lack of profitability, their establishment is not possible, or their proper performance and continuity is not guaranteed, while maintaining the general requirements of this Section, (a) the administrative concessions may be made in accordance with more flexible terms, as provided for in this Article, by persons obtaining the necessary special administrative authorization to enable them to benefit.

2. The special authorisations provided for in the previous point may be for linear or zonal services, and shall be granted for a maximum period of five years, which may be renewed, being automatically expired when the time limit elapses. It shall be fixed without the service being provided under the conditions laid down.

3. Persons authorized to carry out the services referred to in this Article may freely establish and modify the schedule, schedule and dispatch of the service, in accordance with the corresponding authorization. determine.

4. For the granting of the special authorizations referred to in this Article, the prior justification in the corresponding procedure, of the infeasibility of the operation of the service, shall be indispensable, in accordance with the general conditions established in relation to the administrative concessions regulated in this section.

5. A specific scheme may be established for the granting of the special authorisations referred to in this Article, as well as special conditions for the operation of the service, where applicable in all cases. expressly provided for in the general system of administrative concessions.

Section 2. Regular and temporary regular transports

Article 88.

1. Temporary regular passenger transport is considered:

1) Those that are provided on an ongoing basis for periods of limited duration, such as holiday, seasonal, or extraordinary fairs and exhibitions.

2) Those that are provided discontinuously, but periodically throughout the year, such as markets and fairs, ordinary and regular.

2. The provision of temporary regular services shall be preceded by the agreement on its establishment and conditions of delivery adopted by the Office of Trade or at the request of a party. The establishment may be agreed only where, because of the temporary or extraordinary nature of the transport demand, the need for the establishment of a transport service for general use is sufficiently justified. any of the following circumstances:

(a) That there is no consistent regular service of general use that can adequately serve the transport needs in question.

b) That there is still a matching permanent regular service of general use, either of the following two conditions:

1) That the adaptation to the transport needs, which must be covered, involves a substantial modification in the operating conditions of the matching service, as set out in the relevant concession.

2) That transport needs, to be met, meet such requirements as to make it advisable to establish an independent service.

3. Temporary regular transport may only be carried out by persons who obtain the special administrative authorisation which they enable for the performance of such operations. The system of granting such authorisations, which must be public and objective, shall be established in a regulated manner, and procedures may also be arbitrated so that they may participate in the performance or marketing of such services. together multiple carriers or associations of carriers.

4. For the provision of the services referred to in this Article, where vehicles of their own are insufficient, vehicles of other carriers may be used which have the necessary authorisation of discretionary transport, of compliance with the regime to be established.

5. The relevant special authorisations shall lay down the conditions for the provision of the service and its duration, which may be renewed in accordance with what is generally available.

Article 89.

1. The regular transport of special-use travellers may be provided only where the special authorisation granted by the Administration is granted. The system of granting, duration and extinction of the corresponding authorizations will be determined for each type of these services, and the participation of the users in the procedure of granting the for which the prior contracting of those or their representatives with the carrier applying for authorisation may be required. The Administration may, where appropriate, lay down rules on such procurement. These special authorisations shall lay down the specific operating conditions and their time limit, which may be renewed.

2. Regulations shall determine the cases in which the establishment of a special use service shall not be authorised, because there is a consistent general use which can adequately address the needs arising, in particular, where this is weak traffic, low profitability or rural character, as well as the conditions under which, where appropriate, the specific transport of the collective concerned must be carried out.

3. The services referred to in this Article may be carried out, where the own vehicles are insufficient, using vehicles of other carriers which have the necessary authorisation of discretionary transport, in accordance with the regime to be established.

CHAPTER III

The discretionary public transport of passengers and goods

Section first. Common provisions

Article 90.

1. The occasional public transport of goods or passengers by road may be carried out only by persons who satisfy the conditions laid down in Article 48 and have obtained the relevant administrative authorization which enable for such performance, except as provided for in point 1 of Article 47.

2. Authorisations shall be granted for the transport of goods or passengers, and may be of a general nature and of a specific nature.

3. General authorisations shall in any event enable the carrying out of discretionary transport of an ordinary character and also for the performance of transport of a special nature in respect of which no one is required to carry out specific authorisation, the holders of which must be subject to the special rules governing them when they make the latter.

4. Specific authorisations shall enable those transport of a special character to be carried out to which they are expressly referred, and may, where appropriate, be extended to other types of transport.

5. Different classes of authorisations may be established in respect of the type of vehicles, number of places or load capacity for which they enable, or of territorial scope to which as provided for in the following Article they relate.

Article 91.

1. By reason of their territorial scope, the authorisations of discretionary public transport may be of national or limited-action radio.

2. National-level authorisations shall enable them to carry out services of the kind referred to in the national territory.

3. Limited-action radio authorisations shall enable them to perform services in the specific territorial areas to which they are referred.

The determination of the limited areas for which such authorisations may be granted shall be carried out on a regulatory basis, and general criteria of a socio-economic and appropriate nature must be taken into account. ordering of the transport system.

4. In any event, the rules for the delimitation of competition between the State and the Autonomous Communities must be respected in the setting of the relevant areas.

Article 92.

1. Discretionary public transport authorisations shall in any event determine the type of transport and the scope or radius of action authorised, and may be granted in accordance with the following:

(a) Authorisation to the carrier without conditioning the volume of the permitted transport or the specific vehicles with which it is to be carried out.

This form of authorisation may be applied only to those types or classes of transport which do not require a limitation of the offer or where, where appropriate, the limitation in the number of undertakings accessing the offer is sufficient. market.

(b) Authorisation to the carrier undertaking by setting a maximum limit to the volume of the permitted transport, but without conditioning the specific vehicles with which the transport is to be carried out.

This form of authorisation shall apply only where, due to the circumstances provided for in Article 49, limitations are established for the capacity of the transport offer.

(c) Authorisation of the carrier undertaking by setting specific limitations on vehicles to be used for transport and, where appropriate, with the carrying capacity or other characteristics of the carrier; same.

This mode may be used in either of the two variants regulated at the following point, irrespective of whether or not there are limitations on the supply of transport, due to the causes provided for in Article 49. In the first case, the number and/or conditions of the new authorizations to be granted will be limited, while in the second case there will be no such restrictions.

2. The authorisations referred to in paragraph 1 (c) above may in turn take the following two forms:

(a) Be referred, at any time, to one or more specific vehicles.

In this case, the procedure for carrying out, at the request of the authorised reference, the aforementioned reference, a different vehicle that meets the conditions required shall be established. This procedure will make it possible for the change of reference to be carried out with the greatest degree of automatism and simplification of procedures.

(b) Not to be referred to a priori to any particular vehicle, therefore being able to carry out, under the same conditions, any vehicle from which the holder of the authorization has, as provided for in Article 54, meet the conditions required in the same.

Article 93.

1. Initially, it shall apply to public, discretionary, passenger and freight transport, the form of authorisation referred to in point 2 (a) of the preceding Article, in the form that it is regulated. determine.

However, in the first case, the first subparagraph of Article 1 (1) (a) may be applied to those classes of public transport at the discretion of travellers or goods in which, in the light of market circumstances, it is not possible to It is necessary to limit or condition the volume of the offer or to limit the number of companies accessing the market.

2. The Government, depending on the variation in the socio-economic and technological circumstances which may occur in the future, taking into account the degree of improvement of the organization of public administrations, its capacity to (a) the information and efficiency of the inspection and control instruments of the sector may be introduced by regulatory means, with a view to the most appropriate management of the transport system, the variations which it considers to be necessary; a system of authorisations established pursuant to point 1, applying or extending to the various classes of public transport discretionary any of the modalities of authorization from among those provided for in the previous article of this Law, which at every moment advise the public interests, according to the characteristics of each one of those embodiments, as set out in that article.

3. In cases where variations in the applicable authorisation modality are introduced, as provided for in the preceding paragraphs, the Administration shall grant the companies holding authorisations, in place of which they were previously authorised. they have, the necessary ones of the new modality applied, so that the Company can continue to carry out the transport that it has been legally giving before, with the vehicles with which it will count in the moment of deciding the substitution.

Article 94.

1. With the limitations arising from the general legal system and, in the case of consumer and user legislation, the action of the holders of discretionary public transport authorisations shall be governed by the principle of freedom of procurement.

2. Notwithstanding the foregoing, in those cases, individual or general, of business absenteeism, which may involve major disturbances in the public interest, the Administration may establish a system of minimum character services. mandatory.

Article 95.

1. Authorizations for the public transport of passengers or goods in any of its forms shall be granted, unless a specific period of time is expressly laid down for them, without any specific limitation of the time limit for the carriage of goods or goods. validity, although it will be subject to its visa in the periods which it will regulate, which will not be carried out when the companies do not comply with the legal or regulatory conditions required for the exercise of the activity.

2. Notwithstanding the foregoing, where the circumstances provided for in Article 49 (1) occur, irrespective of the measures to restrict access to the transport market which, where appropriate, may be adopted pursuant to that provision, The Administration may also, where this is necessary for reasons of public utility or social interest and prior report of the National Committee on Transport, revoke or condition at any time the authorizations previously granted, in the precise measure, in order to achieve, with objective criteria, the correction of deficiencies of the transport system.

3. Where the revocation provided for in the previous point is made before the authorisation reaches the age which is regulated by law, the administration shall pay the holder the corresponding compensation.

Article 96.

The authorizations for the conduct of the transports regulated in this chapter must express at least the following circumstances:

1. Whatever its mode:

(a) Identification of the natural or legal person holding the same, and of the company's headquarters.

b) Class of the authorization granted, and modality of the same as those provided for in Article 92.

c) Territorial scope.

(d) Conditions of service, modal obligations, traffic restrictions and other specific provisions relating to the authorised activity.

2. (b) in Article 92 (1) (b) of the

.

In addition to the above, you will see the following:

Weights and, where applicable, volumes and dimensions of the loads or number of authorized travelers.

3. Authorizations referred to in Article 92 (1) (c).

In addition to those referred to in point 1 of this Article, they shall record the following:

Vehicles to which the authorisations are concerned or, where appropriate, characteristics of which they may be used under the authorisation.

Article 97.

1. Where undertakings authorised to carry out occasional public transport of goods or passengers receive requests for transport which are in excess of their own transport capacity, they may be able to use the cooperation of other carriers with the necessary means, and the rules laid down in this Article and those which are determined to be determined shall be subject to the rules laid down in this Article.

2. The following rules apply to the collaboration scenarios between carriers:

(a) The carrier who receives the demand for transport from the user shall, in his own name, contract the benefit as a carrier of the corresponding service.

(b) The contributing carrier shall have the enabling administrative authorisation for the carrying out of the transport concerned.

(c) The administrative obligations and responsibilities assigned to the carrier by the Law shall correspond to the contributing carrier under the authority of which the carriage is carried out and which is materially executed by the carrier.

The carrier that received the user's demand for the user will be responsible for the administration of the obligations and responsibilities that the Law attributes to the Agencies.

Section 2. Specific provisions on the discretionary transport of goods

Article 98.

Merchandise discretionary transport authorizations will enable for:

a) Perform transportation with reiteration, or not, of itinerary, schedule, and schedule.

(b) Carry out in the same transport vehicle where one or more submitters exist, and one or more recipients, provided that the requirements laid down in their case by the Administration are complied with, in relation to the weight, volume, homogeneity or other characteristics of the loads, as well as the applicable tariff regime.

Section 3. Specific provisions on the discretionary carriage of passengers

Article 99.

1. The occasional carriage of passengers shall, as a general rule, be carried out by means of the overall procurement by the carrier of the total capacity of the vehicle.

Notwithstanding the above, the exceptional circumstances may be determined in such a way that, for reasons of proper management of the transport system, recruitment by square, with individual payment, may be permitted.

2. The occasional carriage of passengers may not be carried out with repeated itinerary, timetable and schedule.

CHAPTER IV

Private transports

Article 100.

Private transports can take the following two modes:

a) Private private transport.

b) Supplementary private transport.

Item 101.

1. Private private transport is considered to meet the following two requirements together:

(a) Be dedicated to meeting the personal or domestic displacement needs of the vehicle owner and his or her associates.

In no case, except for the assumption of allowance or travel expenses for the holder, the particular transport may give rise to direct or indirect cash remuneration.

(b) To be carried out in vehicles with a number of seats, or load capacity, do not exceed the limits to be established.

2. Private private transport is not subject to administrative authorisation, and the management of the administration will only apply to them in relation to the rules governing the use of open infrastructure and the (a) applicable by reason of the safety in its performance. The public actions provided for in Article 14 may also be given, where appropriate, in respect of such transport.

Article 102.

1. They are complementary private transports which are carried out within the framework of their general action by undertakings or establishments whose main purposes are not of transport, as a necessary supplement or suitable for the proper development of the main activities that such undertakings or establishments carry out.

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

(a) If it is a transport of goods, they must belong to the undertaking or establishment, or have been sold, bought, managed, or purchased, given or taken for rent, produced, extracted, processed or repaired by them.

If it is a matter of passenger transport, users must be the workers or employees of the respective centres or the assistants to them, according to their nature and purpose in the terms that they regulate determine in order to ensure the proper balance of the transport system. The usual transport of other users shall be presumed, unless otherwise proved, as public transport.

b) Transport must serve:

1. To drive the goods or people to the company or establishment.

2. To issue or ship the goods or persons of the undertaking or establishment.

3. To move goods or persons, either inside a company or establishment, or outside of the same whenever it is to meet their own internal needs.

(c) Vehicles must, as a general rule, be the property of the undertakings or establishments and must be registered in the name of the undertakings.

However, the use of leased vehicles shall be permitted where such possibility is imposed by International Treaties, where vehicles do not exceed the load capacity or the specific requirements of the vehicles are met. undertakings to be determined, as well as in those cases of short-term breakdown of the vehicle normally used or where this is necessary because of the inadequacy or inadequacy of the public transport offer for the vehicle. specific transport in question.

(d) Vehicles must in any case be driven by the company's own personnel or establishment.

e) Transport may not be independently contracted or invoiced. The cost of the same duty shall in any case be incorporated in the price of the products or services which are the subject of the principal activity carried out by the undertaking or establishment.

However, by way of derogation, the Administration may permit independent perception of the price of transport, in the case of complementary passenger transport and the price does not exceed the strict cost of transport.

3. The transport referred to in point 1 of this Article, which does not comply with the requirements laid down in point 2, shall be subject to the legal system of public transport.

Article 103.

The conduct of the private transports regulated in paragraphs 1 and 2 of the previous article will require the prior authorization of the Administration, except in those cases which, due to the limited number of seats or capacity For the loading of the corresponding vehicles, the regulations are excepted.

In any case, they may be exempted from having the authorization provided for in the preceding paragraph, those specific classes of carriage of passengers or goods which, by virtue of their characteristics or areas, constitute a slight impact on the overall transport system.

Article 104.

1. In order to grant the authorisations provided for in the previous Article, the need to carry out the transport which they themselves need to be carried out shall be required for the proper conduct of the activities of the undertaking or the establishment in question. The Administration shall refuse authorisation if there is a manifest disproportion between the payload or the number of seats in the vehicles for which the transport and the needs accredited by the applicant are requested.

2. The authorisations will be granted initially, and while regulations will not be established in the same way as provided for in Article 92 (2) (a), and will have an indefinite duration, although their validity will be subject to the visa of the same within the time limits to be established by the Administration, upon confirmation of the maintenance of the circumstances justifying their granting.

Article 105.

1. The official transport of the organs of the Administration, as integrated activities within their own internal operation, provided that they are directed to solve the needs of displacement of persons or goods the administrative activity of those bodies shall be regarded as complementary private services, but shall not be subject to the authorisation provided for in the preceding Articles, and shall apply with regard to the supervision of such services; internal rules of administrative organisation which affect them, without prejudice to their submission to the transport rules applicable to them.

2. The transport of public undertakings subject to private law must comply, in any case, with the general requirements of this Law.

CHAPTER V

International transport

Article 106.

1. International transport as defined in Article 65 may be carried out by passengers and goods. In turn international passenger transport is to be classified as regular, discretionary and shuttle, the concept of each of these classes will be carried out in accordance with the provisions of the International Conventions or Conventions of the that Spain is a party. The carriage of goods has in any case the character of discretionary.

2. The provision of international public transport services may require professional training and, in its financial case, specific training, in accordance with what is regulated.

3. The international complementary private transport shall be subject to the rules contained in the Treaties or International Conventions signed by Spain and to which the rules contained in the Treaties or International Conventions specifically be determined by regulatory means.

4. The provisions of this Chapter shall be without prejudice to the application of a different regime where it is determined by international conventions or treaties entered into by Spain.

Article 107.

1. Spanish transport undertakings may only carry out international public transport of a discretionary nature of passengers or goods, as well as passengers in the form of a shuttle, where they are specifically authorised or generically enabled for the same by the Spanish Administration.

2. The authorization of the Spanish authorities shall be understood as implicit when that Administration has attributed to the carrier concerned a foreign authorization whose distribution or grant has been entrusted to it through the corresponding Convention with the foreign State concerned.

When the number of foreign authorizations, the distribution of which corresponds to the Spanish administration, is limited to a certain quota or quota, such distribution must be carried out according to objective criteria, carriers meeting the requirements referred to in point 2 of the previous Article.

3. Except as provided for in the above point for the granting and validity of the authorisations referred to in point 1 of this Article, one of the following circumstances shall be given:

(a) That the transport to which the authorization refers, in the part that is carried out on the territory of foreign States, is not subject to prior authorization by those States, in accordance with the provisions of the Treaties; International and in the internal legislation of the same.

(b) that the Spanish carrier has been specifically authorized directly by the foreign State for which the transport is to take place, in order to carry out the transport on its territory.

c) That foreign authorization may be obtained by the carrier in the course of the journey as provided for in the International Treaties and in the domestic law of the corresponding foreign states.

Article 108.

The establishment of regular international passenger services will be carried out according to the following procedure:

1. Application of an undertaking, or initial proposal of the Administration, either on its own initiative or from a foreign State, for the establishment of the service.

2. Assessment and decision of the Administration on the desirability of the establishment of the service, considering the prior existence of others that fully or partially extend the same traffic and other circumstances of any kind that are present.

3. Assessment of the applicant company's ability to provide the service satisfactorily. In the event that such assessment is negative or that the initiative for the establishment is public, a selection contest for the company would be held, the criteria for admission and resolution of which will be established. regulentarily.

4. Negotiation and agreement with the affected foreign states carried out by the Spanish Administration.

5. Grant, where appropriate, of the relevant authorisation, which shall have a temporary validity, but shall be renewable where the service provision and the effectiveness of the undertaking in its previous management are to be continued.

6. In the event that the foreign countries concerned unilaterally take provisional measures which would make it impossible to provide the service, the Spanish authorisation shall be suspended temporarily until the resumption of the service is possible. In this case, the period of duration of the authorisation is considered to be extended within the period during which the service has been suspended.

7. The rules set out in Section 1 of Chapter II of this Title shall apply to the regular international transport passenger services as soon as they are compatible with their specific nature.

Article 109.

1. Foreign carriers may only carry out international transport that runs through Spanish territory, when they are of one of the following two circumstances:

(a) That the conduct of such transport is generally permitted as provided for in the International Treaties of which Spain is a party or in any specific provision of domestic law. In such a case, the control documents or formalities required by those rules shall be required.

(b) The foreign carrier is in possession of the corresponding enabling authorization for transport, granted in accordance with the provisions of the International Treaties and in the specific rules of law internal.

2. Generic liberalisations shall be established and specific authorisations shall be granted, taking into account criteria of reciprocity, except duly justified cases.

3. Foreign hauliers authorized or authorized to carry out international transport which runs through Spanish territory may in no case be made under such authorization or authorization in Spain, except that this is provided for in international treaties or conventions signed by Spain.

CHAPTER VI

Tourist transports

Item 110.

1. It is tourist transports for the purposes of this Law which, whether or not they have a periodic character, are provided through the travel agencies together with other complementary services such as accommodation, maintenance, tourist guide, etcetera, in order to satisfy in a general way the needs of people who make displacements related to recreational, cultural, leisure activities, or other conjunctural reasons.

2. Tourist transports may be carried out with reiteration or not of itinerary, schedule and schedule. Contracting with the travel agency may be done individually or per seat, or by the total capacity of the vehicle.

Article 111.

Tourist transports may only be contracted through duly authorized travel agencies. Their benefit must be provided with vehicles covered by the enabling authorisation for the occasional carriage of passengers and regulated in Title III, whether they are vehicles of the travel agency or of others in relation to which they are the agency carries out the mediation functions provided for in point 2 of Article 120.

Article 112.

1. The Administration may require that tourist transport be provided in conjunction with certain specific complementary services of a minimum character and that the price of the transport does not exceed the percentage determined by the price total of the set of services to be contracted.

2. Where tourist transport is substantially in line with regular passenger transport services for general use, the price of such services and the corresponding additional services must be higher in the percentage which (a) to be established, to that of the transport carried out on the regular line in question. This, however, may be exempted from the application of that requirement to tourist transport in which, because of the homogeneity of the passengers, the temporary or sporadic nature of the transport, and other circumstances (b) specific, sufficiently demonstrated that there is no unjustified competition, which is detrimental to the interests of the matching regular line.

CHAPTER VII

Urban transport

Article 113.

1. The municipalities shall have a general responsibility for the management and management of urban passenger transport services which are carried out within their respective municipal terms. For this purpose, urban services shall be considered to be those which run entirely on urban or urban land, defined in accordance with urban legislation or are exclusively dedicated to communicating with each other located within the same municipal term.

2. Notwithstanding the general rule set out in the preceding paragraph, the Autonomous Communities or, as the case may be, the State may extend the municipal competence to services other than those expressed in the preceding paragraph on an individual basis, provided that the they are fully provided within the relevant municipal term.

3. Where the services referred to in point (1) above concern interests which transcend the purely municipal interests, the powers of the relevant authorities shall be exercised in a coordinated manner with those of the institutions of the field. above, in accordance with the provisions of the relevant State or Autonomous Communities rules.

Article 114.

1. In those areas or agglomerations where there are several municipalities and where appropriate other public entities in principle competent, such as population size, urban configuration, or particular circumstances of physical order or Economic and social, present serious problems of coordination in their transport network, a specific regime can be established that ensures through a unitary ordination the existence of a harmonious and coordinated system.

2. The purpose provided for in the preceding paragraph may be carried out by means of agreements between the municipalities or competent authorities, or through the creation in one of the forms provided for in the current order, of a public entity in the the different municipalities or entities concerned are involved, which shall carry out with autonomy the unit management of the transport services in the area concerned.

It may also be entrusted with the said unitary management to any pre-existing public entity, provided that the respect for the constitutionally recognized municipal autonomy is duly guaranteed.

3. The Autonomous Communities and/or the State Administration may participate in the governing bodies of the supramunitial entities referred to in the preceding paragraph, provided that their powers or interests are affected.

Item 115.

1. The granting of the qualifying titles for the carrying out of urban passenger transport shall be the responsibility of the competent municipal bodies.

2. By way of derogation from the foregoing point, the occasional carriage of passengers by vehicles with a capacity exceeding 10 seats, including the driver, may be carried out on urban or land-based land under the conditions of the State-granted intercity transport authorisations, or the Autonomous Communities, the scope of which includes the relevant municipality.

The municipalities may authorize the carrying out of urban transport with the vehicles referred to in this point, when the corresponding authorization of the State or the Autonomous Communities is not counted, when it results duly guaranteed the profitability of the service on a purely urban basis.

Article 116.

1. The granting of authorizations for the performance of passenger transport services of an interurban nature in passenger cars will be conditional upon the prior obtaining of the urban transport licence issued by the municipality in which the vehicle is resident, with the exception of exceptions to be determined. The inter-city service, except for expressly excepted cases, must be initiated in the municipality.

The loss or withdrawal of the municipal transport authorisation will result in the automatic cancellation of the inter-city transport authorisation unless the competent authority expressly decides to maintain the intercity transport authorisation. reasons of public interest.

2. In areas where there is a reciprocal interaction and influence between the transport services of several municipalities, the Territorial Areas of the Joint Prstation may be established in which certain transport of passengers is authorised in passenger cars for the provision of any service, whether urban or interurban, the initiation of which takes place within those areas, even outside the term of the municipality where the vehicle is resident.

3. In those specific points in which a generation of transport is produced affecting several municipalities, such as ports, airports, railway and transport stations, trade fairs or other analogues, where transport needs are not In the case of motor vehicles resident in the municipality in which such points are situated, a specific scheme may be established to allow vehicles resident in other municipalities to carry out transport with origin in those points. Such a specific scheme shall be of preferential application and may establish limitations on the number of vehicles in each municipality which may provide services at source at the transport points.

Article 117.

1. The competent local authority shall, subject to general price rules, lay down the tariff arrangements for the urban transport of passengers, taking account, where appropriate, of the part of the cost of such transport, which must be financed by resources other than user input.

2. The financing of metropolitan urban public passenger transport may be financed, inter alia, with the following revenue:

(a) The proceeds from the collections obtained directly from the users of the services and the exploitation of other resources of the companies.

(b) Tax collections which, with this specific purpose, could be established by the competent bodies.

c) The contributions that the various Public Administrations could make, in accordance with the corresponding contract with the company, in accordance with the relevant contract.

Article 118.

The provisions of this Law shall apply to urban transport, in all that is not incompatible with the special nature of this Law. The adjustments to the content of the Regulation may be made in accordance with the special nature of urban transport.

Respecting the applicable general rules, the Councils may establish specific conditions in relation to the urban passenger transport services.

TITLE IV

Auxiliary and complementary activities of road transport

CHAPTER FIRST

Mediation activities

Article 119.

1. The mediation functions between transport users and carriers, except as provided for in point 2 of this Article, may only be carried out by duly authorised transport agencies.

2. They shall not have the consideration of mediation activities for the purposes of the preceding paragraph, which are carried out by:

(a) Carriers using the collaboration of others to deal with excess demand or for combined transport, in both cases in accordance with the provisions of this Law.

(b) Resellers, as provided for in Article 125.

(c) The information and distribution centres, as provided for in Article 124.

(d) The freight forwarders in accordance with the provisions of Article 126.

(e) Persons who are engaged in the carriage of goods other than their property, where such transport could have been carried out by them on a complementary private transport system for the purposes of the circumstances provided for in Article 102.

(f) The cooperatives and trading companies referred to in Article 61.

Article 120.

1. For the purposes of this Law, it is understood under the name of transport agencies, undertakings, individual or collective, engaged in the procurement of public transport by road of passengers or goods, as organisations Ancillary services between users and carriers, which may be used in relation to all modes of transport.

2. The transport agencies, except in the case referred to in paragraphs (c) and (d) of Article 122 (2), shall, in their own name, hire both the carrier and the user or the charger, thereby taking up the position of user or loader in front of the carrier, and carrier in front of the user or loader.

3. In the course of their activities, all prior management, information, supply and organisation of loads or services, necessary to carry out the operation, shall be understood as functions of the transport agencies. procurement of transport, which such agencies undertake or seek to carry out on their own behalf, as provided for in the previous point.

Article 121.

1. Only the activity of an agency for the transport of goods may be carried out by natural or legal persons who obtain the relevant administrative authorisation for the transport of goods, subject to compliance with the requirements laid down in the Article 48.

2. The legal system for granting, amending and extinguishing the authorisations referred to in the preceding paragraph shall be determined in accordance with the specific conditions required for such a grant, as well as the conditions for the exercise of such authorization. of the activity.

3. They shall apply in respect of the time of validity of the authorisations of the agency for the transport of goods, their visa and, where appropriate, revocation and subsequent compensation, identical rules to those laid down in Article 95.

4. Freight agencies may be full loads and may be split charges.

These are full load agencies which carry out their activities in relation to the transport in which from the reception of the cargo until their delivery to destination other complementary interventions such as handling, grupage, sorting or packing, on behalf of the agency.

These are split-load agencies which refer their activity to transport where complementary activities such as collection, handling, storage, grupage, sorting, packaging or packaging are necessary. distribution of the goods. The same companies may be jointly holders of full charge and fractional charge agency authorisations.

Item 122.

1. The exercise of the functions corresponding to the activity of the travel agency shall be carried out by the travel agencies.

2. Travel agencies may perform the following functions:

(a) Organization and contracting of tourist transports regulated in Chapter VI of Title III of this Law, which may be such global, or individualized, or per square hiring.

(b) Mediation in the provision of services for the occasional carriage of passengers, which must be carried out by means of a contract with carriers and users of the total capacity of the vehicle, except in those transports where, by reason of of their specific nature, they are authorised to perform the individual procurement or per seat, in accordance with the provisions of this Law.

c) Sale of tickets and reservation of places on behalf of the carrier in all kinds of means of transport.

(d) The others that attribute their specific regulations to them.

3. Travel agencies may be subject to the different categories or classes which, in relation to their scope or mode of action, are regulated or established.

Article 123.

1. The enabling authorisation for the exercise of the activity of the travel agency shall be granted by the administrative body responsible for tourism, in accordance with its specific rules. However, for the purposes of carrying out the transport functions provided for in the preceding Article, the report shall be in favour of such a grant by the competent authority in the field of transport.

2. The administrative control and management of travel agencies shall be carried out by the administrative bodies responsible for tourism. However, the competent authorities in the field of transport may order, control and, where appropriate, sanction, the actions carried out in connection with the transport by those agencies, in accordance with the provisions of this Law.

The procedure for coordinating the actions of the competent bodies in the field of transport and tourism shall be established.

CHAPTER II

Load information and distribution centers

Article 124.

1. Where the circumstances of the market for the carriage of goods are advised, information centres and the distribution of loads may be established, the purpose of which shall be to contribute to a better adjustment of supply and demand for transport, in the places or economic zones that so require.

2. The information and distribution centres will primarily serve as a meeting point between bidders and transport applicants, carrying out information and channelling of offers and applications and providing services to promote the preparatory stages of the contract of transport, in which case these centres may not be directly involved in their own name.

3. The system for the creation and operation of the information centres and the distribution of charges will be established in a regulated manner, in any case, to the representatives of the transport operators and transport agencies concerned. his address.

CHAPTER III

Resellers

Article 125.

1. The storage-distributors are the natural or legal persons who receive in storage in their warehouses or premises goods or other goods, carry out in relation to them the functions of storage, rupture of loads, or other complementary they are necessary, and carry out or manage the distribution of the same, in accordance with the instructions of the depositors.

2. The storage-distributors may carry out the distribution of the goods in accordance with the following two modalities:

(a) With own vehicles covered by public transport authorisations for which they are holders.

b) Contreating the realization of the transport in its own name with carriers duly authorized to carry it out.

3. To perform the store-vendor activity, you must be in possession of the corresponding administrative authority that you enable for it.

This authorization shall determine, in accordance with the rules laid down in law, the specific conditions for the exercise of the activity.

CHAPTER IV

Transitories

Article 126.

1. Freight forwarders may carry out their function as organisers of international transport and in any case of those who are engaged in customs transit, carrying out the following activities in relation to them:

(a) Contracting in its own name to the carrier, such as shippers, of a transport which in turn has contracted, also in its own name, with the cash loader, occupying the position of the carriers in front of it.

(b) Receiving and making available to the carrier designated by the charger the goods referred to them as consignors.

The freight forwarder may carry out the functions provided for in paragraphs (a) and (b) above, in relation to internal transport, provided that they assume the continuation of an international transport whose management has been entrusted.

2. In order to carry out the activities of a freight forwarder, it is necessary to be in possession of the corresponding administrative authorization for the freight forwarder.

The system of granting of the said authorisation and the specific conditions for the exercise of the activity will be determined.

CHAPTER V

Road transport stations

Article 127.

1. The road transport stations are the centres intended to concentrate the departures and arrivals on a population of public transport vehicles which meet the conditions and requirements laid down in regulation. The stations can be of passengers and goods.

2. Land and facilities intended solely for garage or car parking shall not be considered as stations.

Article 128.

1. The establishment of stations must be approved in advance by the Autonomous Community in which they must be located or, where appropriate, by the State where it is competent. For the granting of such approval, a project drawn up in accordance with the requirements to be determined

be submitted by the relevant City Council, either on its own initiative or at the request of the individual.

It should be expressly stated whether the construction or operation is to be public or private and to whom the precise costs will correspond.

2. The criteria for the approval of the establishment of the station, the desirability or need thereof for the improvement of the conditions of transport, traffic and traffic in the area concerned shall be the determining criteria. the social cost-effectiveness of its implementation where the construction or operation is at least partially covered by public funds.

Article 129.

1. The initiative for the establishment of stations shall correspond to the respective Councils which shall exercise it, either on its own initiative or at the request of the individuals concerned, subject in any event to the prior authorisation provided for in Article 1 (1). the previous article.

2. The construction and operation of the stations will normally be carried out by the Councils through indirect management, by means of administrative concession granted by contest to entities or companies interested in the same, following criteria and rules to be determined, and preferential conditions may be established in favour of the particular petitioner who has promoted the relevant initiative, especially if the latter undertakes to carry out the construction and exploitation at their risk and venture and without public subsidy.

3. Where the indirect management procedure provided for in the preceding paragraph is not followed, for economic or social reasons for this, or where the relevant competition is left out, the Councils may build or operate directly the stations. Where the City Council directly carries out the construction, but not the holding, it shall govern the indirect management of the construction, identical rules to those laid down in the previous paragraph.

4. The Autonomous Communities, and in their case the State, may make financial contributions to the construction and/or operation of the stations. In this case, the entities carrying out the said contributions may participate in the administrative management of the station, in the manner determined.

5. Where circumstances are given in accordance with the provisions of point 2 of the preceding Article, the establishment of a passenger or freight station should be made appropriate, and the City Council has not exercised the appropriate initiative, the Autonomous Community, or in its case the State, either on its own initiative or at the request of the individual, may require it to do so, and if such a requirement is dismissed or the time which it regulates is determined to be determined without its being complied with, the Autonomous Community or, where appropriate, the State where the latter is competent may construct and exploit the station by being applicable to the rules set out in points 2 and 3 of this article.

Article 130.

1. The location of the stations will respond not only to intrinsic reasons for the exploitation of the services to be used, but to their coordination with the other modes of land transport, as well as with the air and sea and with the urban transport of the city in question. The location of the site shall also be weighted in terms of its impact on the urban areas of traffic, safety and the environment of the population.

2. Without prejudice to the necessary coordination of any station with urban transport, those which concentrate services of commuter passengers from large populations, must be located in any case together with urban communications centres. facilitate transshipment and transfer of traffic.

Article 131.

1. The City Council competent for the construction and operation of passenger stations shall determine which services are to be used, but where such use may substantially alter the conditions for the provision of service, or alter its economic balance, that obligation cannot be imposed, if the entity with general competence over the service in question does not report favourably the same.

2. As a general rule, the use of passenger stations by regular inter-city services will be required, with the exception of those in the short distance which, in the form of their services, are equivalent to urban services.

However, it may be waived to apply to the travel stations to those undertakings which have their own facilities duly authorised with the minimum conditions to be determined by the Administration.

3. Goods stations shall have access, in accordance with the rules to be determined in each case, to all legally established carriers, unless the capacity or character of the station requires restrictions to be imposed.

4. The prices or charges which are levied on the use of the public stations or the premises of a company must be in relation to the services actually provided to the carriers and to the users.

Article 132.

1. The main features and services and accessories to be collected by the stations shall be determined in accordance with the rules, and the security conditions laid down by law must be respected in any case.

2. At the freight stations, premises shall be established or provided for the location of transport agencies and, where appropriate, the centre for information and distribution of loads.

3. The operation of each station shall be the subject of an internal rules of procedure approved by the Entity to which the administrative competence relates to its construction and operation.

CHAPTER VI

Leasing of vehicles

Article 133.

1. Only the activity of motor vehicle lessors intended for the provision of public or private transport provided for in this Law may be carried out by natural or legal persons complying with the requirements of this Chapter; and obtain the corresponding administrative authority that enables them for the lease.

2. By way of derogation from the previous point, persons holding administrative authorisations which enable the relevant vehicles for the conduct of public transport may lease the same to other vehicles. carriers for the assumptions of collaboration between carriers in accordance with the conditions set out in this Law, without the need to have the specific authorization for the lease provided for in the above mentioned point.

3. Leasing transactions with a leasing or similar purchase option are exempted from the requirement of the prior administrative authorisation regulated in this Law.

4. Furthermore, the activity of leasing of trailers or semi-trailers, specified as a tractor vehicle for carrying out the transport, shall not be subject to the administrative control laid down in this Law.

Article 134.

1. They shall be excluded from the possibility of being leased under the authorisations provided for in point 1 of the previous Article, the types and classes of vehicles which are regulated in accordance with their impact on the system of transport. Such exclusion must, in any event, be compatible with the obligations arising from International Conventions or Treaties from which Spain is a party.

2. In any event, the lease for private transport of passenger vehicles or goods whose authorised number of places or cargo capacity is subject to the conditions referred to in the following Articles shall be permitted, subject to the conditions laid down in the following Articles the need to have authorizations for the performance of such transport.

Article 135.

1. The enabling authorisations for the leasing of vehicles may be granted in accordance with the rules set out in Article 92 (1) (a) and (c).

2. For the granting of the relevant authorisations, it is necessary for the leasing undertaking to comply with the requirements laid down in Article 48, as well as the requirements for minimum number and characteristics of the vehicles, local layout or offices, or other details which, where appropriate, are required to ensure the proper performance of the activity and the interest and safety of the users.

Article 136.

Without prejudice to the requirement of the conditions imposed for the pursuit of the activity of the leasing undertaking referred to in Article 133 (1), vehicles intended for the carrying-out of transport which require (a) the right to be transferred to the holder of a title which he or she provides for carrying out transport with the Member States of the European Parliament and of the Council of the European Parliament. same.

Article 137.

1. Except in cases expressly excepted in this Law and in its implementing rules, the leasing of vehicles must be done without the services of the driver, and without it being necessary to contract the services of the same with the leasing company.

2. The lease must be done for certain periods of time, and the administration may establish the duration of the tenures. This, however, in the leases referred to in point 2 of Article 133, may exceptionally be allowed to set the duration different from those of the numerically expressed time limit.

TITLE V

Sanctioning and control regime for road transport, and ancillary and complementary activities of the same

CHAPTER FIRST

Sanctioning Regime

Article 138.

1. Administrative responsibility for infringements of the rules governing transport and ancillary activities covered by this Law shall be:

(a) In the case of infringements committed on the occasion of the conduct of transport or activities subject to the granting or administrative authorization, the natural or legal person who holds the concession or authorization.

(b) In offences committed on the occasion of transport or activities carried out without the coverage of the relevant administrative title, the natural or legal person who holds the activity or the owner of the vehicle.

(c) in infringements committed by senders or shippers, users, and, in general, by third parties who, without falling within the above paragraphs, carry out activities which are affected by the regulatory legislation of land transport, to the natural or legal person to whom the infringement is addressed or to which the relevant rules specifically attribute responsibility.

2. The administrative responsibility shall be required of the natural or legal persons referred to in point 1, without prejudice to the fact that they may deduct the actions which are brought against the persons to whom they are materially imputable. violations.

Article 139.

Infringements of the regulatory rules for road transport are classified as very serious, serious and minor.

Article 140.

Serious violations are considered:

(a) the carrying out of public transport or ancillary or ancillary activities for which the rules governing the transport of land require an enabling administrative title, lacking the mandatory concession or authorisation of the transport or activity in question.

The provision of services for which some of the concessions or special authorisations regulated in this Law are required, and the enabling authorisation for the discretionary carriage of passengers, regulated in the Title III missing the latter, it is considered, in any case, to be included in the infringement established in this paragraph.

By way of derogation from the foregoing paragraphs, where the infringer meets the conditions required for the granting of the corresponding administrative authorization, which could have been obtained by him, the the lack of such authorisation shall be subject to sanctions as provided for in Article 142 (a).

(b) The provision of services under conditions which may affect the safety of persons as a result of serious and direct danger to persons.

(c) The excess in the maximum authorised weight of the vehicles, exceeding the percentages between 15 and 25 per 100 of the weight which are determined in relation to the different types of vehicles, goods transported and with the load facilities used.

The liability for such infringement, as well as those provided for in Article 141 (i) and Article 142 (e), shall be the responsibility of the carrier, the loader and the intermediary, unless any of the they justify the existence of causes of inimputability to themselves.

(d) To carry in a visible place of the vehicle the flag corresponding to a territorial scope or class of transport, for whose performance it is not empowered by the necessary enabling title.

(e) The refusal or obstruction of the performance of the inspection services that prevents the exercise of the functions that are legally or regulentarily attributed to them.

(f) the conduct of public transport, or of ancillary or ancillary activities, in breach of the requirements of Article 42 (1). The absence of such a fault shall not be assessed where the necessary qualification is absent, in which case it is only the latter which shall be the subject of the appropriate sanction.

g) The use of enabling titles, issued in the name of other persons without prior transmission of the same, in accordance with the provisions of this Law. Liability for such infringement shall be the responsibility of both those who use foreign administrative titles and persons whose names are such, unless they demonstrate that the use has been made without their consent.

(h) Serious infringements, as provided for in Article 141 of this Law, where the person responsible for the offence has been the subject of a penalty in the 12 months preceding his commission, by final decision of the Infringement of the same paragraph of that Article.

Notwithstanding the above, in the classification of the infringement as defined in this paragraph, it shall be within the meaning of Article 144 of this Law.

i) The abandonment of the concession or cessation of services, without the completion of the time of the concession, without the consent of the Administration and its implementation.

Article 141.

Serious violations are considered:

(a) The carrying out of transport with other vehicles on which the conditions of availability are not legally enforceable, as well as the use for the transport of vehicles leased to other carriers or to use the cooperation of the same outside the cases or in breach of the legally established conditions, unless it is deemed to be very serious, in accordance with the provisions of paragraph (a) of the previous Article. In the same infringement, carriers acting as lessor or collaborators shall not comply with the conditions affecting them.

b) The performance of private transports for which a specific administrative title is required lacking the same.

(c) Failure to comply with the essential conditions of the granting or administrative authorisation, unless it is to be qualified as a very serious infringement, as provided for in the previous Article.

To this effect, those aspects which shape the nature of the service or activity concerned, and delimit their scope, as well as the maintenance of the services, shall be considered as essential conditions of the grant or authorization. requirements for their granting and performance, as determined by regulation.

(d) the provision of public transport services, using the mediation of a natural or legal person not authorised to do so, without prejudice to the sanction which the mediator may be entitled to, in accordance with the provisions of the Article 140 (a) of this Law.

(e) connivance in unauthorised mediation activities, or in the sale of tickets for clandestine services, in premises or public establishments for other purposes. The responsibility shall correspond to the operator or services to which the premises are intended.

(f) The sale of tickets for clandestine services, and, in general, mediation in relation to unauthorised services or activities, without prejudice to the assessment of the very serious infringement which, where appropriate, corresponds to, where appropriate owns the enabling title to perform mediation activities.

g) Non-compliance with the tariff regime. The liability shall in any event be the responsibility of the carrier and the intermediary, and also in the carriage of goods to the other contracting party, where his action is a determining factor in the non-compliance, and in any event, in the case of perception of rates lower than the minimum set.

(h) The lack or failure to function, imputable to the carrier or handling of the tachograph, its elements or other instruments or means of control which are required to be fitted to the vehicle.

(i) The excess over the maximum authorised weight exceeding the percentages between 6 and 15 per 100 of the maximum weight of the weight determined in relation to the different types of vehicles, goods transported and loading facilities used, unless such excess is to be considered to be very serious, in accordance with the provisions of paragraph (c) of the previous Article.

j) The distortion of the Porte Declaration, the Roadmap, or other mandatory documentation.

k) The repeated unjustified non-compliance of schedules in the services in which they are prefixed with the intervention of the Administration.

(l) Carage of the mandatory document in which the users ' complaints are to be made, to deny or to hinder their disposition to the public, as well as to the unjustified concealment or delay of the placing in knowledge of the Inspection of the Land Transport, of the complaints or complaints recorded in the Land Transport, in accordance with what is regulated.

m) The procurement of transport with hauliers or intermediaries who are not duly authorised to carry out the contract, provided that the overall procurement of the undertaking reaches the quantities which it regulates determine.

n) The refusal or obstruction of the performance of the inspection services when the circumstances provided for in paragraph e) of the previous article are not given.

n) The non-subscription of insurance that is required to be performed as provided for in Article 21.

or) Any of the violations provided for in the previous article, when by its nature, occasion or circumstance it must not be qualified as very serious.

p) Excess exceeding 20 per 100 at the maximum permitted driving times, unless such excess is to be considered to be very serious, in accordance with the provisions of paragraph (b) of the previous Article.

(q) Any other infringement not included in the preceding paragraphs, that the rules governing the land transport shall qualify as serious, in accordance with the principles of the sanctioning regime established in the present Chapter.

(r) Infringements which, not included in the preceding paragraphs, are classified as minor, in accordance with Article 142 of this Law, where in the 12 months preceding their commission the person responsible has been the subject of sanction by final decision, for infringement of the same Article, except in the case of offences referred to in paragraph (h) of the same Article, which are of different nature.

Notwithstanding the above, in the classification of the infringement as defined in this paragraph, it shall be within the meaning of Article 144 of this Law.

Article 142.

Are considered minor violations:

(a) The carrying out of transport or ancillary activities, for which the rules governing the land transport require the prior administrative authorisation, lacking the same, provided that the requirements for the granting of such authorisation, which could have been obtained by the offender.

(b) Carry out public or private transport without carrying on board the vehicle the formal documentation that gives the legal possibility to provide the same.

(c) Not to bear in the visible place of the vehicle the flags required by the current regulations, relating to the type of transport that the person is authorized to carry out, or to take them under conditions that hinder their perception, as well as the inappropriate use of the relevant information, unless it is to be classified as a very serious fault, in accordance with the provisions of Article 140 (d) of this Law.

(d) Transporting a greater number of passengers than those authorised for the vehicle concerned, unless such infringement is to be regarded as very serious, in accordance with Article 140 (b) of this Law.

(e) the excess over the maximum authorised weight, exceeding the percentages between 2,5 and 6 per 100, which are determined in accordance with the rules laid down in relation to the various types of vehicles, goods transported and the loading facilities used, unless it is to be considered to be serious or very serious, in accordance with Article 141 (i) and (140) (c)

f) Carishing the preceptives tables of tariffs, calendars, schedules, notices and other mandatory display for public knowledge.

g) Failure to comply with general police rules in fixed installations and vehicles, unless such non-compliance is to be qualified as a serious or very serious infringement, as provided for in the previous articles.

h) The treatment of users in the transport of passengers. The infringement referred to in this paragraph shall be punishable in the light of the assumptions made in this respect by the rules on the rights of users and consumers.

i) the non-compliance by the users of the obligations which correspond to them, in accordance with the rules for the use of the service provided for in Article 40 (2), and in Article 41 (1), unless the rules in the Such rules expressly consider their non-compliance as a serious fault.

(j) The non-disclosure of essential data which is regulated and which must be entered in the Register governed by Article 53, or posts by another cause in the knowledge of the Administration. Where such a lack of communication is decisive for the knowledge of the Administration of sanctionable facts, the limitation period shall be deemed to be interrupted until the communication takes place.

k) The excess in the maximum permitted driving times, except that it must be considered to be severe or very serious.

l) The lack or lack of essential data from the Porte Declaration, the Roadmap or other mandatory documentation.

m) Any of the violations provided for in the previous article, where, by their nature, occasion or circumstance, they must not be qualified as serious.

n) They will have to consider minor infractions all which, assuming direct violation of the applicable laws or regulations in each case, do not appear expressly collected and typified in the previous articles of this Law.

Article 143.

1. Minor infractions will be sanctioned with warning and/or fine of up to 40,000 pesetas; the serious ones, with a fine of 40,001 to 200,000 pesetas, and the very serious ones, with a fine of 200,001 to 400,000 pesetas. The amount of the penalty imposed, within the limits laid down in the preceding paragraph, shall be graduated according to the social impact of the offence, the intentionality, the damage caused where appropriate, or the number of offences committed.

2. The commission of the offences referred to in Article 140 (a) and (b) may, irrespective of the pecuniary penalty concerned, involve the sealing of the vehicle with which the transport is carried out and the joint withdrawal of the vehicle. authorisation, as well as the closure of the premises in which, where appropriate, the activities are carried out, in both cases for the maximum period of one year, without prejudice to the payment of the salary or the compensation paid, and the measures that may be arbitrated for their security.

The infringement provided for in Article 140 (g), in addition to the corresponding financial penalty, shall bring the cancellation of the authorisation in question, and also, where it is granted in the form of provided for in Article 92 (1) (c), the annulment of the administrative holder of that authorization, of another of the same territorial scope, or subsidiary, of the territorial scope immediately below.

3. Where the persons responsible for the offences referred to in Article 140 of this Law have been punished by final judgment, for infringement of the same Article in the 12 months preceding the date of the of the same, the infringement shall bear the temporary withdrawal of the corresponding administrative authorisation, under which the activity was carried out, or the service was provided, for the maximum period of one year. The third and successive infringements within the said 12-month period shall bear the temporary or final withdrawal of the authorization. In the case of such a period of time, no account shall be taken of periods in which the activity has not been possible or the service has been temporarily withdrawn.

Where, for the provision of the service, a special authorisation and the enabling authorisation for the discretionary carriage of regulated passengers in Title III are necessary, the withdrawal referred to in this Article shall be paragraph shall be produced only in relation to the special authorisation, unless the authorisation of the discretionary transport has been granted in conjunction with it, in which case the withdrawal of the two shall occur.

4. Where infringements which are to be reported in accordance with Article 140 (a), (b) or (c) of Article 140 (e), (i) or (p) of Article 141.may be detected on the road, the immediate cessation of the vehicle shall be ordered until they are deleted. the reasons for the infringement, the Administration being able to take the necessary measures to ensure that users suffer as little disruption as possible.

5. Irrespective of the penalties applicable in accordance with this Law, the repeated or serious breach of the essential conditions of the concessions or administrative authorisations may give rise to the expiry of the grant, or revocation of the authorization, in both cases with loss of the bond.

Article 144.

1. The aggravations provided for in Article 140 (h), Article 141 (r) and Article 143 (3) of this Law shall apply only to each of the following cases:

(a) Where the infringements have been committed for the purpose of providing services or carrying out activities subject to the same special administrative concession or authorisation. Where, for the provision of the service, a special concession or authorisation and the enabling authorization for the occasional carriage of passengers under Title III are jointly necessary, the following shall be construed as protection of the relevant concession or special authorisation.

(b) Where the infringements have been committed on the basis of material performance by the same person responsible for discretionary transport services subject to various authorisations, provided that they relate to the same type of transport. These effects shall be understood as integrating the same type of transport.

1. The private transports.

2. The carriage of passengers by vehicles with a capacity of more than nine seats, including the driver.

3. The carriage of passengers by vehicles of capacity equal to or less than nine seats, including the driver.

4. The carriage of goods by vehicles with an authorised maximum weight of six tonnes, or a load capacity of less than 3,5 tonnes, except where limits other than those laid down for the goods are laid down. light vehicles.

5. The carriage of goods by heavy goods vehicles, with an authorised maximum weight or a load capacity equal to or greater than that laid down for sub-paragraph 4. above.

6. º Mixed service vehicles.

(c) Where the infringements have been committed when carrying out activities which do not consist of the material supply of transport services, but which carry out the same undertaking, as complementary to that material supply, where the services are subject to different authorisations and do not correspond to the same type of transport, as provided for in paragraph (b) of this point.

(d) where the offences have been committed on the occasion of services or activities carried out without the coverage of the relevant enabling title, provided that they have been carried out by the same service or activity; the understanding of such as should have been carried out under a single enabling title, or the material provision of the same type of transport, as provided for in paragraph (b) of this point.

(e) Where the infringements are attributable to the same person responsible for those referred to in point 1 (c) of Article 138 of this Law.

2. Failure to do so provided for in Article 140 (h), in Article 141 (r) and in Article 143 (3), where the natural or legal person who has been penalised for infringement prior to any of those provisions, such as Article 138.1 (a) of this Law provides that, pursuant to a judicial or administrative decision, the material liability of that offence was attributable to another person, as provided for in the Point 2 of the last article cited.

Article 145.

1. Infringements of the land transport regulatory legislation prescribe three months after the date of the expiry of the said period has not been notified to the alleged person responsible for initiating the sanctioning dossier, or if, In the absence of such a decision, the Commission may, in the absence of a decision of the Council, take the necessary steps to ensure that the decision of the Member State concerned has been taken into account. file.

2. The time limit for the limitation of infringements shall be interrupted, in any event, where action is to be taken, which must be expressly stated in the file, with the aim of identifying the identity or domicile of the accused or any other person. Circumstance necessary to check and qualify the infringement.

Article 146.

1. The jurisdiction for the imposition of the penalties provided for in this Law shall be for the bodies which are legally or legally assigned to it.

As a matter of principle, the matter of road safety, the competence to sanction the offences listed in Article 140 (b) and (c) of Article 141, except where the cause of the infringement is the case. Excess load shall be the responsibility of the competent bodies in relation to traffic management and road safety.

2. The procedure for the imposition of the penalties provided for in this Law shall be in accordance with the provisions of the Law on Administrative Procedure, on the ordinary procedure and the review of acts on administrative procedures.

3. In the imposition and enforcement of penalties for offences committed by persons who do not credit their residence in Spanish territory, the specific rules governing the rules which are to be determined shall apply. rules established for similar cases in the Circulation Code.

4. With regard to the enforcement of the penalties, the specific rules governing the rules laid down in the Law on Administrative Procedure and the Rules of Procedure shall be laid down in the rules laid down in the Rules of Procedure. General of Collection.

The payment of financial penalties, imposed by final decision, will be a necessary requirement for the implementation of the visa as well as the administrative authorization for the transmission of the authorizations. (a) enabling the carrying out of transport or ancillary or ancillary activities.

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

CHAPTER II

Control documents

Item 147.

1. Persons who are involved in the provision of public goods transport services by road, as well as those who carry out private transport for which prior administrative authorisation is required, shall, except in the case of which, in the light of the special nature or nature of the transport, is subject to the exception of a document referred to as the 'Declaration of Porte', which shall have the purpose of administrative control of the provision or performance of transport, comply with the legal/private effects referred to in point 5 of this Article.

2. The Porte Declaration shall contain the identification details of the vehicle used and the authorization with which the transport is carried out, the class of goods transported, the price of the transport in the case of public transport and the rest of the the data that is required to be regulated.

3. A copy of the Porte Declaration must, in any case, be carried out on the vehicle carrying out the transport, the same being displayed to the officials of the inspection services and to the road surveillance forces when the request.

4. The regime and the conditions of the formalization of the Declaration of Porte will be established by the Administration in accordance with what is regulated.

5. The Declaration of Porte, in addition to the administrative effects provided for in this Law, will have, in the transport services in which it is obligatory, the same effects of the Charter of Porte as referred to in Articles 350 and following of the Code Trade and other provisions applicable to that trade.

The effects of the issue, return and exchange of the Letter of Porte referred to in Articles 353 and 360 of the Code of Commerce will be conditioned to the system of formalization of the Declaration of Porte that regulentarily be set.

6. In international transport, the control documents set out in the agreements signed by Spain shall be used.

Article 148.

Persons who carry out public transport of passengers by road, as well as those who carry out private transport subject to administrative authorisation, except in cases other than those who are exempted, must complete and carry on board the vehicle the documents or other administrative control elements which are determined to be determined, which shall express the configuration data of the transport to be carried out.

Article 149.

The validity of the fee created by the fourth additional provision of Law 38/1984 of 6 November, for services rendered by the Administration as a result of the issue, control and treatment of the information contained in the Declaration of Porte, and extends the application of the same to the services which the Administration provides for similar reasons in relation to the documents or control elements regulated in Article 148 of this Law, except those for regular passenger services which are subject to the exception of regulations. The following rules shall apply in relation to that fee:

1. The fee shall be governed by the provisions of this Law and, failing that, in the General Tax Law of 28 December 1963; the Parafiscal Rate and Exactions Act of 26 December 1958 and other applicable provisions.

2. It is the taxable fact of the fee for the provision by the Administration of the services necessary for the vehicles to be provided by the Declaration of Porte or the documents or control elements covered by Article 148 they may have the same, as well as those provided for their control and the processing of the information to be contained.

3. The natural or legal person who is required to provide the relevant control document shall be liable for the fee.

4. The amount of the fee shall be 125 pesetas for each Declaration of Porte or fungible control document and of the same amount for each day of use of the permanent control elements.

5. The fee shall be payable at the time when the taxable persons request the carvings of the official forms in which the control documents are to be formalised, according to the model approved regulatively.

6. The rate yield shall be entered into the Treasury in the form that it is regulated.

7. The fee shall be the subject of self-settlement by the taxable person in the form that is determined.

8. The full performance of the fee shall be affected by specific nature to cover the costs incurred as a result of the management and operation of the Declaration of Porte or other documents or control elements by the Ministry. Transport, Tourism and Communications.

TITLE VI

Rail transport

CHAPTER FIRST

Concepts and classes

Item 150.

1. Regulation of transport by rail as defined in Article 1 is the subject of this Title. Cable cars or other similar means of transport using cable or cables, tractor and carrier and which do not have a rolling land road, shall not be considered to be included in the railway concept.

2. The public transport railways defined in the following article are of a public service of ownership of the Administration and all travellers or shippers who wish to do so must be admitted to their use. the conditions to be established, governed by the provisions of this Law in so far as it applies.

3. As provided for in this Law, or in the rules implementing it, the legislation on public works and administrative procurement, as well as that of specific application to the public works, shall apply in the construction and operation of railways. Public companies performing such activities.

Article 151.

1. The railways can be public transport and private transport.

2. The public transport railways are those which carry out transport for hire or reward through economic remuneration.

3. Private transport railways are those intended to carry out self-service as a complement to other main activities carried out by undertakings or establishments of the same holder, directly linked to the adequate development of these activities.

CHAPTER II

Public transport railways

Section first. General provisions

Article 152.

1. In order to establish railway lines of public transport it will be necessary for the Administration, of its own initiative or at the request of an interested party, to approve, a project, in which they will have to be included: the descriptive memory of the needs to satisfy and to take account of factors of all order, the general and partial plans, the description of the work and the works, as well as the technical circumstances of the performance of the work, the general budget and the partial budgets, and other circumstances which are determined to be determined.

2. Where the establishment of railway lines is carried out by public investment funds, the implementation of the railway lines will require the application of investment selection procedures and the assessment of the social profitability of the latter. establishment.

Article 153.

1. The approval of the corresponding project for the establishment of new lines, as referred to in the previous article, as well as the approval of works for the extension or improvement of pre-existing lines requiring the use of new land; it is legally appropriate to make the declaration of public utility or social interest and the urgency of the occupation for the purposes of compulsory expropriation, of the land for which the line is to run or to be extended or improvement as provided for in the expropriation legislation.

2. Railway undertakings for public transport, as well as vehicles, installations, land and premises affected by them, whether public or private, shall be inembargable, with the same rules applicable to them. established in Article 86 of this Law in respect of concessions for regular road passenger services.

Article 154.

1. The construction of the public transport railways shall be in accordance with the technical characteristics which are laid down in order to ensure their quality, safety and homogeneity.

2. Homogeneous rules should be established in relation to the width of the track, as well as the minimum dimensions of the space between tracks.

Section 2. The National Integrated Rail Transport Network

Article 155.

1. Railway lines and public transport services which are to be part of the basic structure of the general rail transport system, as well as those whose proper management requires joint operation with the former or in which they operate such joint operation is necessary for the proper functioning of the general system of transport, shall consist of a unitary component of the Integrated National Rail Transport Network.

2. The specific determination of the railway lines that make up the Integrated National Network in accordance with the previous point shall be made by the Government, after reporting by the Autonomous Communities concerned.

Prior to the establishment of any new line, either public or private, the Government may determine when the circumstances referred to in point 1 above are given, the need for its incorporation into the Network Integrated National as a component service of the same unit with others. To this end, the projects for the creation of new lines must be communicated to you, which, in accordance with the provisions of this Law, are intended to be carried out.

Where the new route is wholly understood within the territory of an Autonomous Community, the Government's determination shall be subject to the favourable agreement of that Community, unless the Incorporation is justified in constitutionally guaranteed higher interests.

Article 156.

1. The lines and services of the Integrated National Network will be the object of unitary management and exploitation, corresponding to the State Administration, and it is to the State Society "National Network of the Spanish Railways" (RENFE), regulated in Chapter V of this Title.

2. The construction of the new establishment works to be incorporated into the Integrated National Network, will be decided by the Ministry of Transport, Tourism and Communications or the Government on a proposal of this one, depending on the amount of the investment in accordance with the provisions of the State Contracts legislation. The decision on the construction of the new works will be carried out after the report of RENFE, and according to its case with the programs or plans referred to in Chapter II of Title I.

3. The construction may be carried out either by the Ministry of Transport, Tourism and Communications, by means of the State Budget, by the procedures laid down in the legislation of public works and contracts of the State, or specifically entrusting the same to the National Network of the Spanish Railways by making the corresponding contribution to their investment budgets.

Section 3. Lines not to be part of the Integrated National Network

Article 157.

1. The establishment of new lines of public transport railways which must not be part of the services which the National Integrated Network will comprise, will be decided, either on its own initiative or at the request of the individuals interested in it. same, by the Administration.

2. The establishment of the lines referred to in the preceding paragraph shall not be carried out, where any of the following circumstances apply:

a) That the line in question is either duplicity or unnecessary concurrency with other existing lines.

b) That construction and exploitation is not considered economically and financially viable, or socially profitable.

3. The establishment of the lines may be carried out by the Administration according to either of the following two modes:

(a) Realising the construction independently of the holding as provided for in point 1 of the following Article, and performing the holding as laid down in Articles 158, 159, 160 and concordant.

b) Realizing construction in conjunction with the operation through the indirect management system provided for in Articles 161, 162 and concordant.

Article 158.

1. Where the Administration decides the construction of the line in question, irrespective of the operation as provided for in paragraph 3 (a) of the preceding Article, it may carry out such construction through any of the following: the procedures for the direct or indirect management of the line legally and after the construction of the line has been carried out, the Administration may directly exploit it in accordance with the provisions of paragraph 2 of this Article or indirectly, as set out in Articles 159 and 160.

2. If direct public exploitation is decided, it shall be carried out by the "National Network of Spanish Railways" or by other public railway undertakings owned by the State to which the Government entrusts the same.

Article 159.

1. Where the direct public holding referred to in point 2 of the preceding Article is not carried out, the operation of the line previously constructed in accordance with the provisions of point 1 of that Article shall be carried out as a general rule by the a natural or legal person who obtains the necessary administrative concession for the same. However, the Administration may in any event decide that the holding shall be carried out through any of the other public service management procedures provided for in the administrative procurement legislation.

2. The time limit for such concessions shall not exceed 50 years.

Article 160.

1. The granting of the administrative concession for exploitation, as provided for in the previous Article, shall be carried out by means of a tender.

It will serve as a basis for the aforementioned contest, the specification approved by the Administration, in which the basic services to be provided, the class and characteristics of the material to be provided will be included, maintenance and conservation functions to be carried out, the concession fee, which as compensation for the construction costs where appropriate, must be satisfied with the Administration, the duration of the period, the public support scheme which in its the case is established, the security to be lodged as security, and the other circumstances which configure the service delivery.

2. They shall apply in the corresponding contest, and in the subsequent provision of the service, analogous rules to those laid down in Articles 72, 73 and 74 of this Law, the administrative contracting legislation shall be applied in the alternative.

Article 161.

1. Where, in accordance with Article 157 (3) (b), the Administration decides either on its own initiative or at the request of the individuals concerned, as determined in point 3 of this Article, that the construction and the operation of a railway line will be carried out jointly, through the indirect management procedure, will call as a general rule the appropriate tender to select the company to which the concession of the construction and operation of the corresponding line.

2. Notwithstanding the common procedure of a concessional nature provided for in the preceding paragraph, the Administration may agree to carry out the construction and operation of the service through any of the other forms of management provided for in the administrative procurement legislation.

3. Individuals intending to build and operate a public transport railway shall direct their application to the competent administrative body, accompanied by the documents to be used on the basis of the relevant project, which explain the data and circumstances provided for in Article 152.

Article 162.

1. To serve as a basis for the contest referred to in the previous Article, the corresponding specification in which the conditions contained in the project will be made explicit, as well as those relating to the holding provided for in the Article 160.

2. In the above contest, and in the subsequent construction and operation of the line, rules shall apply to those laid down in Articles 72, 73 and 74 of this Law, applying in the absence of such legislation administrative and public works; however, where the establishment of the service is carried out on the initiative of individuals as provided for in point 3 of the previous Article, the undertaking which has carried out the appropriate initiative shall be entitled to the contest referred to in point 1 of that Article.

3. The construction and joint exploitation concessions referred to in this Article shall be granted for a maximum period of ninety-nine years. At the end of the concession period, the entity shall acquire the line granted with all its dependencies, and shall in its case indemnify the concessionaire for the unamortised value of the latter.

Article 163.

1. Concessions for construction and exploitation or for exploitation only shall be extinguished after the end of the period for which they were granted. However, where the concessionaire has satisfactorily fulfilled its obligations, the Administration may decide to renew it, making the changes to the conditions of provision that are appropriate for the public interest.

2. In addition, concessions shall be extinguished when the Administration agrees to the rescue or the expiry of the concession, or where the concessionaire's resignation occurs, the provisions of Articles 83 and 84 being applicable, in so far as it does not object to the the special nature of rail transport.

The Administration, where there is a risk of interruption of the service, or of non-provision of the service under the conditions laid down, may temporarily intervene. In such a case the economic consequences of the benefit will continue to correspond to the concessionaire.

Article 164.

1. The holders of concessions for the construction and operation of public transport railways, as well as those which relate only to the holding, shall in any event have the following rights:

(a) Use of the land for which the line is to run when the administration is responsible for the provision of the land as provided for in the relevant concession.

b) Realization on behalf of the Administration of the police functions assigned to them by the current system.

c) To be charged for the duration of the granting of the payment of the price of the transport by the users, subject to the rates authorized by the Administration.

d) Grant by the competent Administration of the concessions or authorizations of public domain, or of public service that are necessary to perform the operation of the service.

(e) Application of the special scheme provided for in Article 27.

(f) The others to be determined, in order to ensure the viability and proper delivery of the service.

2. In addition, the holders of concessions referred to in the previous point shall be entitled to grants, the use of public works, or other administrative aid which, for reasons of public interest, are provided for in the the respective concessional titles.

3. Dealers may, on their own or through third parties, carry out the use of the land, facilities and premises of the line for activities other than that of transport but complementary or compatible with the latter. The Administration may prohibit or condition such activities where such activities may prejudice the proper provision of the service or are contrary to the public interest.

4. The concessionary companies may, after authorization from the Administration, carry out the extensions, construction of branches or other modifications of the line which are not provided for in the concession title and which are necessary for a better service delivery. Upon request of the concessionaire, and provided that the social utility of the lines or the public interest warrants it, the Administration may, by itself, cover, or subsidise, the performance of the above activities.

5. Undertakings operating public transport railways shall not require authorisations, permits or administrative licences for the conservation and entertainment of their lines and facilities and other ancillary services directly related to the railway operation.

Article 165.

1. The holders of the concessions referred to in the previous Article shall have the following obligations

a) Observe the rules that respect the service, its quality or safety, dictate the Administration.

b) Respect the set tariff limits.

c) Comply and enforce railway policing rules.

d) Facilitate the control and inspection of the Administration.

e) Meet the other general obligations laid down by the legislation in force, as well as those of a specific nature established in the concessional title.

2. Where the contrary is not expressly established in the relevant concessional title, the maintenance, preservation and repair of the line shall be on behalf of the concessionaire, being obliged in any case to maintain the line, its facilities, premises and mobile material, in an appropriate state of conservation.

CHAPTER III

The private transport railways

Article 166.

1. The private transport railways must comply with the same conditions as those laid down in Article 102 of this Law in respect of private road transport, otherwise they will have to take account of transport railways. public, and must be subject to the legal status of the public.

2. For the establishment of a private railway, it is necessary to obtain the corresponding administrative authorization for the same.

Prior requirement for the granting of the said authorization shall be the presentation of a project in which there shall be at least one explanatory note with the description of the layout, a general plan and profile also general, the works to be carried out, and the budget of the works.

3. A scheme of a flexible nature shall be established in relation to the construction and operation of private ownership parks which serve to complement public transport railways.

Article 167.

Where the establishment of a private railway is suitable for the public interest, or involves a socially beneficial impact, its holder may be authorised to use the land of public domain which they are necessary and, where appropriate, to acquire the private property through the compulsory expropriation procedure, in which they will have the status of a beneficiary.

CHAPTER IV

Railway Police

Section first. General limitations

Article 168.

1. The rules and provisions relating to the use and defence of roads which are intended to be used shall apply to the railways:

(a) The conservation of the track, its elements, factory works and facilities of any kind necessary for the operation.

(b) The limitations imposed in relation to the immediate land to the railway, according to areas of public domain, servitude or affectation, starting to count the corresponding distance, from the lanes The external path.

c) Bans that tend to avoid all kinds of damage or deterioration of the tracks or risk or danger to people.

d) The prohibitions necessary to not interrupt free transit.

Except as expressly stated in the regulations or in the concessional title, the railways shall be treated as such for the purposes of the rules governing the railways.

2. However, the general applicability of the road scheme provided for in the preceding paragraph, where the specific nature of the rail transport so requires, may be laid down in accordance with the amendments or additions thereto. they are accurate to the road system, in order to adapt it to the particular nature or the different needs of rail transport.

Article 169.

1. Unless expressly provided for in this Regulation, the entry and transit of persons on the railway track shall not in any event be carried out, where the crossing of persons has occurred in the places determined for that purpose and with limitations or conditions which in relation to their use are established.

2. It shall also be prohibited to launch or deposit objects at any point on the road and its surrounding areas and facilities, or at the passage of trains, and in general any act which may pose a danger to the safety of the railway, its users, facilities and facilities of all types.

Article 170.

1. Individuals who intend to build or to rebuild in the area of servitude or affectation referred to in Article 168 (b), as well as to carry out works or other activities which have to cross the track, or which involve some servitude or limitation on the railway, its grounds, facilities or premises, must obtain in advance the conformity of the undertaking holding the line, which may lay down the conditions under which the activity in question must be carried out. If they do not obtain such a conformity, the individuals may, in any event, reiterate the corresponding request to the Administration, which shall only grant the appropriate authorization where there is no risk of occurrence adverse consequences for the provision of the service.

2. Notwithstanding the foregoing, the Administration may, in any event, prohibit or condition the exercise of the works or activities referred to in that point, even if the agreement of the concessionaire is concerned, where they may be (a) to prejudice the proper provision of the service or to be contrary to the public interest, against the decision taken, the legal and administrative resources provided for by the private and private individuals; dealership.

3. Failure to comply with the provisions of this Article shall also entail the imposition of the corresponding pecuniary sanction, the demolition of the improperly constructed.

Section 2. Specific provisions on dealers and users

Article 171.

1. The administration shall lay down general technical and commercial rules, to which the management and operation of the railways must be subject to the protection of the safety of users and their interests.

In addition, the Administration may establish standard contracts, in which the reciprocal rights and duties of rail and user dealers are established in a generic manner.

2. The Administration shall exercise, in accordance with Chapter VI of Title I, in such a way as to be more appropriate in each case, the inspection of railway services, in order to ensure both the safety and the effectiveness in its performance, (i) compliance by dealers and users of the rules affecting them and their obligations.

Article 172.

1. Holders of concessions or authorisations for rail transport which do not fulfil the essential conditions of the granting or authorisation, or carry out infringements of the rules applicable to railways posing a risk to safety (a) public, or if they involve a loss of consideration for users, may be subject to fines of up to 1,000,000 pesetas, and the expiration of the concession or authorization may also be agreed.

The determination of the essential conditions of the concession or authorisation shall be carried out in accordance with the same rules as those laid down in Article 141 (c).

2. Failure to comply with the conditions of the relevant concession or authorisation, or of the rules governing rail transport, where the circumstances provided for in the preceding paragraph are not given, may be sanctioned by a fine of up to 300,000 pesetas.

3. The penalties shall be graduated on the basis of intentionality, damage or risk of safety and other factors which are regulated by law.

4. The rules laid down in Article 138 of this Law shall apply in relation to liability for infringement of the rules on rail transport.

Article 173.

1. The Administration shall lay down the general conditions to be met by the users and their obligations in the use of rail transport.

2. Failure to comply with the conditions and obligations referred to in the preceding paragraph may be punishable by a fine of up to 150,000 pesetas.

Article 174.

1. The Administration may entrust to the undertakings holding railway lines the exercise of the functions of the police provided for in this Law.

2. The employees of the railway undertakings shall have in the performance of the duties, as referred to in the previous point, the consideration of the officials of the authority.

CHAPTER V

The "National Network of Spanish Railways"

Article 175.

1. The "National Network of the Spanish Railways", abbreviated to RENFE, created by the Law of the Bases of 24 January 1941, is an entity with personality of public law that acts as a business company with submission to the order The Court of Justice has held that, in the light of the foregoing, the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice and the Court of Justice held that the additional provisions for both.

2. RENFE has legal personality independent of that of the State, and full capacity for the development of its purposes, being attached to the Ministry of Transport, Tourism and Communications.

Article 176.

1. RENFE is responsible for the exercise of the following functions:

a) Explain the railways included in the Integrated National Network as defined in Article 155.

b) Explain the railways which, not yet forming part of the Integrated National Network, correspond to the competence of the State and whose management is entrusted to it by the State.

(c) To explain, where appropriate, the railways of competence of the Autonomous Communities or of the Councils, when the said Entities entrust the latter to the railway in accordance with the provisions of Article 181.

d) Carry out the construction of new railway lines entrusted to them by the State, and where appropriate, as provided for in Article 181, by the Autonomous Communities or by the Councils.

2. RENFE may, in addition, carry out any commercial actions necessary or appropriate for the best performance of the functions regulated in the previous point, and may carry out as many management or disposal acts as compliance with them.

You may also carry out a number of commercial and industrial activities related to the functions referred to in point 1, including by carrying out or participating in other businesses, companies or companies.

3. The Ministry of Transport, Tourism and Communications, in accordance with the guidelines laid down by the Government pursuant to Article 177, shall, after consultation with RENFE, establish the basic conditions for the provision of railway services. RENFE should be operated. It will assume its management with autonomy of action, which will be everything that allows the guarantee of the public interest, the satisfaction of the social needs and the safety of the users.

When RENFE seeks the closure of any line or service, or the modification of any other basic condition of the holding, it shall obtain the appropriate authorization from the Administration, which shall be deemed to have been granted if Two months the refusal of the same is not carried out, or the procedure is initiated to verify its convenience, communicating to RENFE such initiation for the purpose of suspending the application of the proposed measure.

Article 177.

1. It is up to the Government, in accordance with the rules and principles laid down in this Law, to approve the RENFE Statute.

2. In addition, the Government will establish the basic guidelines for the performance of RENFE in the framework of the policy of planning and coordination of the various modes of transport, pointing out the objectives and objectives to be achieved and determining the levels of investment and proposing the amount of the State's economic contributions to RENFE, for the purposes of its inclusion in the relevant Budget Law.

3. The aforementioned governmental actions will be translated through program contracts or other objectives planning formulas that guarantee the coherence and continuity of the management of RENFE, consider the results of the same and link the support which, if appropriate, should be done in their favour, to the effectiveness of such management.

Article 178.

The basic organisational structure of RENFE, its senior management bodies and the functions of RENFE, will be subject to regulation in the relevant Statute, which will be approved by the Government.

Article 179.

1. They shall apply to RENFE, with the adaptations resulting from its public undertaking in charge of the direct management of a public service, and the exceptions provided for in this Chapter, the rules laid down in Articles 164 and 165.

2. In the allocation to RENFE of the management of the railway services of its competence, all authorisations, permits or administrative licences which are precise or suitable for conservation works shall be construed implicitly. entertainment and replacement of its lines and facilities and other ancillary services directly related to the railway operation.

With respect to the new works of RENFE, the appropriate license of the competent authority shall be required, when the same affects the urban plans or the provisions on uncomfortable, unhealthy, harmful or dangerous. The license shall be deemed to be granted if the Administration does not respond to the RENFE application within one month.

However, the works may be carried out immediately when, for reasons of security or other serious causes duly accredited, the works may be unpostponed.

3. For the installation or application of telecommunications networks, provided that they are affected by rail traffic and are for their exclusive use, RENFE, in accordance with the technical plans and standards laid down for this purpose, shall be empowered to establishment, subject to administrative authorization.

4. The performance by RENFE of the activities referred to in point 4 of Article 164 shall not, as a general rule, require the prior authorisation of the Administration. However, it shall communicate those activities to the Administration, which may prohibit or condition such activities where they may prejudice the proper provision of the service or are contrary to the public interest.

5. In any event, the provisions of Article 170 relating to the actions of individuals, which affect the railway line, its premises or premises or its area of servitude, shall be applicable to RENFE. However, if RENFE does not comply with those activities and the request to the Ministry of Transport, Tourism and Communications, which is approved by the private individuals, is approved by the private individuals, the interposition of the Ministry of Transport, Tourism and Communications will not be RENFE of any resource.

6. The Government may extend to other railway companies in full or in part the special scheme set out in this Article for RENFE.

Article 180.

1. They shall be understood as being in the management entrusted to RENFE, not only the activities of the provision or operation of the service, but also the activities of construction or equipment of lines or installations in accordance with Article 176 and those of maintenance, preservation and repair of the same.

2. The construction or equipment of new railway lines or installations by RENFE, with its investment or capital budgets, as well as its renovation, improvement or great repair, will require the prior inclusion of the same in the Railway plans to be formulated in accordance with Article 15 and, in any case, in the programme of action, investments and financing approved by the Government. In cases of urgency, and in the cases that are determined to be determined, the communication to the Ministry of Transport, Tourism and Communications of the works executed or the equipment carried out shall be sufficient.

The construction and equipment activities envisaged at this point will in any case be carried out with budgetary and functional independence from those operating the services.

3. Where the works are carried out by the Ministry of Transport, Tourism and Communications under the General Budget of the State, they shall be carried out in accordance with the provisions of the legislation of public works and contracts of the State, the management and, where appropriate, the construction of RENFE may be entrusted to RENFE.

Article 181.

The construction, as well as the operation of railway lines of the competence of the Autonomous Communities or of the Councils, provided for in Article 176 (1) (d), shall only be carried out when RENFE reaches an agreement with these Entities and subscribe to the corresponding agreement, subject to the authorization of the Ministry of Transport, Tourism and Communications.

Article 182.

1. RENFE shall manage the railway service entrusted to it in a manner conducive to obtaining the financial economic balance of the holding.

To this effect, RENFE will submit annually to the Ministry of Transport, Tourism and Communications, for its elevation to the Government, as provided for in the General Budget Law, its operating and capital budgets, as well as as the corresponding programmes for action, investment and financing and the liquidation and balance sheet of the previous year.

2. RENFE shall be compensated by a specific subsidy, with a separation of the compensatory subsidy from the operating deficit, the expenditure included in the standardisation of accounts and those inherent in the fulfilment of service obligations public.

The grants will be made in accordance with the forecasts of the program contracts that, if any, are formalized and in accordance with the guidelines of the Government aimed at ensuring the efficiency of the management.

Article 183.

1. RENFE shall establish the rates of the services whose exploitation corresponds to it within the limits established, where appropriate, by the Administration, the intervention of which is subject to compliance with the obligations included in the Conventions. or International Treaties signed by Spain.

2. The tariff conditions imposed on RENFE by the Administration shall be compatible, with the maximum management autonomy that is possible, within the limits of the social needs and public service obligations, fundamentally in the transport of commuter travellers, make it necessary to establish.

3. They shall in any event be applicable to the tariff arrangements for services operated by RENFE, the rules laid down in Articles 18 and 19.

Article 184.

1. All movable and immovable property attached to the railway lines of State ownership which the same must operate shall be incorporated into the RENFE's estate, except for the areas of public domain for which the line or other goods are located. property which is permanently necessary for the provision of the service and in respect of which it is expressly affected, which will continue to belong to the State, but its use and administration shall be RENFE. The demanial assets attached to the railway lines that will be affected will be integrated into the RENFE heritage.

2. RENFE may freely dispose of the goods which, in accordance with the foregoing point, are incorporated in its patrimony, and may also, in relation to those in the public domain, make use of the use which is complementary or related. with the essential function of rail transport to which they are affected.

3. Notwithstanding the foregoing, they are a State Heritage, subject to the rules for which it is governed, the goods of the concessionary railway companies which were not the subject of rescue by the Law of the Bases of Railway and Transport by Road of January 24, 1941, and referred to in the Laws of 27 February and 13 March 1943.

4. The Government shall provide the rules for the updating of the inventory of goods assigned to the services managed by RENFE, and the legal classification, as provided for in the preceding paragraphs of the goods that constitute it.

Article 185.

RENFE's relationships with your staff will be governed by employment law. They shall, however, apply in respect of such personnel, the special rules which the legislation of incompatibilities, the working procedure or other existing legislation which are applicable, shall lay down.

Article 186.

1. Without prejudice to the general control of its action provided for in the following Article, the provision by RENFE of the services which it is responsible for operating under the conditions laid down in law shall be guaranteed by the inspection by the Ministry of Transport, Tourism and Communications of such services, to be carried out in accordance with the provisions of Chapter VI of Title I.

2. The results of the inspection shall not give rise to pecuniary penalties, but shall be brought to the attention of the competent administrative bodies, in order to ensure that they adopt the measures which they have brought, in accordance with the provisions of the Next article is anticipated.

Article 187.

1. The technical and efficiency control of the management that in accordance with the provisions of the previous articles must carry out RENFE, will be carried out by the Ministry of Transport, Tourism and Communications basically through the following procedures:

(a) Through its intervention in the procedure for the approval of the operating and capital budgets, and in the RENFE's Programme for Action, Investments and Financing.

b) Realizing directly by the Administration, or through private companies, the necessary financial and management audits or controls.

c) Through the inspection actions on the provision of the services referred to in the previous article.

d) Through the communication that will make RENFE of the data and agreements relating to the issues that are generally determined, being able, in any case, the Administration to require the data and documentation that it considers necessary, and to carry out directly the examination of the accounting or other aspects of the management, when it considers appropriate.

2. RENFE's failure to comply with the regulatory standards of the services it is responsible for, the deviation of the objectives and objectives identified, the possible ineffectiveness in the management and, in general, the failure to comply with the standards, guidelines and (a) to the extent to which it may be necessary to carry out the necessary measures to ensure that the measures taken by the Member State concerned are to be taken into account in the light of the measures taken by the Commission. results from.

The adoption of the measures referred to in this point shall be carried out by the administrative bodies which, in each case, correspond, or by the RENFE itself, which may decide on its own initiative, or following the instructions of the the Administration.

In any case, in the rules of any kind that regulate the relations between RENFE and its personnel, provision should be made for the possibility of carrying out the actions provided for at this point.

3. The budgetary and financial control of RENFE shall be carried out in accordance with the regime established in the General Budget Law and its development provisions in relation to State Societies.

Article 188.

The provisions of this Chapter shall apply to other public undertakings operating the railways with the adaptations to be laid down by regulation, in particular in the case of their specific nature and to the special circumstances of the services they operate.

ADDITIONAL PROVISIONS

First.

1. Within one year of the publication of this Law, the Government will proceed to the creation of the "National Company of Road Travellers Transports" (ENATCAR), which will take the form of the State Society of Article 6 (1) (b) of the General Budget Law.

2. The ENATCAR Statute will be approved by the Government, and its organic dependency and control will be produced in relation to the Ministry of Transport, Tourism and Communications through the Directorate General of Land Transport.

3. ENATCAR shall assume from its constitution the ownership of all concessions and authorizations for permanent regular services of general or special use or temporary road transport, of which at that time the "National Network of Spanish Railways" (RENFE) and the "Spanish Railways of Via Estrecha" (FEVE), as well as all the material means owned by those railway companies with which those services were provided, except those who are transferred to the companies that have been collaborating in their provision, in accordance with the provisions of the third transitional provision.

In addition, ENATCAR shall be subrogated in all transport contracts entered into by RENFE or FEVE, which shall be carried out through the transport services referred to in the preceding paragraph.

ENATCAR shall also assume ownership of the shares held by RENFE or FEVE in other undertakings holding concessions or authorisations for road transport services, or service providers corresponding to concessions and authorisations for which RENFE or FEVE holders are holders, without the possibility of RENFE or FEVE being previously transmitted.

4. Outside the specific cases provided for in the preceding paragraph and those provided for in Article 71 (2) and (3) of this ENATCAR Act, only the entitlement of concessions or enabling authorizations for the provision of services or carrying out of transport activities, in concurrency with other undertakings and on an equal footing with them, with the exception of the right of preference for the previous benefit provided for in Article 74.

5. ENATCAR may carry out any commercial or industrial activities aimed at the proper development of its transport undertaking activity, including through participation in other businesses, companies or companies.

6. In the management of those services referred to in point 3 above, in which the railway undertakings referred to in that point came using the collaboration of private undertakings, where the relevant concessions are not In accordance with the provisions of the third transitional provision, ENATCAR will have to respect the rights of those undertakings deriving from the contracts which they would have concluded with the companies concerned. railway, for as long as the railway is in force.

If ENATCAR does not continue to provide the service using the collaboration of the same company as provided in the previous paragraph, in the event of deciding that the operation will continue with the collaboration of a company Private sector with which it will have to form a subsidiary company of a mixed character, will have to call a selection contest, which will be carried out under the control of the Directorate General of Land Transports. Such a contest shall take account of the circumstances provided for in Article 74 of this Law and shall have the right of the undertaking which has previously been adequately involved in the provision of the service.

This procedure must be carried out, without the exception of duly justified exceptional cases, opting for direct management without private enterprise cooperation, in the case of services in which a company It would have been collaborating uninterrupted at the time of entry into force of this Law for ten or more years, be it the first expiration of the corresponding contract after this Law and ENATCAR does not decide directly that it is the the same company that will continue the collaboration.

7. The services of which ENATCAR is the holder, which at the time of entry into force of this Law do not come with the collaboration of private companies, shall in any case be carried out by that company directly by itself.

Second.

1. For the registration and issue of the relevant driving licence, or change of ownership of the road transport vehicles covered by this Law, it will be necessary, in the cases which are regulated by the regulations, to competent authorities in the field of traffic and road traffic, the prior justification by its owner to have the corresponding enabling title to enable the vehicle to be used for the performance of one of the types of public transport or private, or to the ancillary activity of the lease, regulated in this Law.

2. The arrangements for coordination of transport and traffic administrations shall be laid down, which shall facilitate compliance with the provisions set out in the preceding

.

Third.

1. Transport carried out in cable cars, or other means in which traction is made by cable, and in which there is no fixed road road, shall be governed by the rules referred to in Article 1 (2) of this Law.

2. However, where such means of transport are complementary to winter or ski resorts, the concession shall be granted directly to the holders of winter or ski resorts.

It will be considered winter or ski resorts, those resorts specially dedicated to the practice of snow sports or mountain, which meet the conditions that are regulated.

3. The fixing and levying of the tariffs corresponding to the use of each of the means of transport referred to in this provision may be made when authorized by the Administration, in a global or joint manner, with the concerning other different services that are made available to users.

Fourth.

As a measure of harmonization of the conditions of competition of the various modes of transport and in order to achieve an equalization in the economic conditions of the same, in accordance with the principles of this Law, the Government, within 24 months of the entry into force of it, submit to the Courts a draft Law of creation of a levy to be met by the persons to whom the qualifying titles are awarded provided for in this Law for the realization of road transport. For the purposes of determining the amount of such fee, account shall be taken of the characteristics of the vehicles used under the aforementioned enabling securities.

Fifth.

1. The Budget Law for each financial year may change the rates and other elements of quantification applicable to the rates covered by this Law.

2. The Government is authorized to update the pecuniary amounts established in this Law, in order to adapt them to changes in the purchasing value of the currency, according to the official indexes of the National Statistics Institute.

Sixth.

Transports which are made entirely in closed enclosures, dedicated to activities other than land transport, will in principle be exempt from the application of this Law, although they may have an impact on the system General transport regulations may be established in accordance with the rules of the law, provisions relating to the organisation of such rules.

Seventh.

The Government is authorised to issue, on a proposal from the Ministry of Transport, Tourism and Communications, the necessary provisions for the implementation and development of the provisions of this Law.

Eighth.

Reglamentarily, and in agreement with the Autonomous Communities, of the Balearic Islands and of the Canary Islands, the adaptation of the legal regime of this Law, to the special characteristics of the (i) transport carried out on the same basis, in particular in order to establish restrictions in the field of transport, which are necessary in order to maintain the balance between supply and demand in those archipelagos, and to strengthen the transport between these Communities and the Peninsula, promoting coordination intermodal.

TRANSIENT PROVISIONS

First.

1. To natural persons who at the time of entry into force of this Law are holders of concessions or administrative authorizations for public transport by road, including for these purposes the authorisations of the TD class, granted in their favour Before 1 January 1983, the requirement of professional training for the activity of interior carrier, passenger or goods, as appropriate, shall be recognised as a condition for the corresponding certificate. Natural persons who have been in international transport for the period before 1 January 1983 and up to the present year 1987, including international transport of passengers, or goods whose travel exceeds the short zone defined in the corresponding agreements with France and Portugal, the corresponding certificate for international transport mode to be issued to them.

2. The same certificate to which it corresponds by application of the rules laid down in the preceding paragraph shall be granted to persons who, until at least January 1, 1983, and until the date of entry into force of this Law, are carrying out functions of effective management of companies holding concessions or transport authorisations.

3. To natural persons holding concessions or authorizations for public transport by road, granted between 1 January 1983 and the date of entry into force of this Law, not included in point 1 above, as well as to persons who between the said dates have started the effective direction of a company holder of concessions or authorizations of transport, will be granted identical certificate to the previewed one in the mentioned point 1, as they will be fulfilled three years from the moment of granting of the corresponding concession or authorization, or from the beginning of the management activity, and may, until such time, continue to be conditional on the activity of the companies concerned.

By way of derogation from the preceding paragraph, for the holders of TD authorisations, the time limit referred to in that subparagraph shall be five years.

4. To the natural persons who at the time of entry into force of this Law are holders of authorizations of agency of transport of goods, they come legally exercising the activity of the transit or the storage distributor, or to carry out effective management functions of companies legally engaged in these activities, the requirement of professional training for the activity of which in each case is treated will be recognized.

5. For the sole purpose of this transitional provision:

(a) They shall not be considered to be included in the public transport authorisations by road referred to in points above the authorisations for passenger vehicles with a lower capacity Nine seats, including the driver's seat, or goods whose authorised payload capacity does not exceed 3,5 tonnes, or whose authorised maximum weight does not exceed 6 tonnes.

(b) It shall be understood that they perform the effective management of a company, persons having, individually or jointly with others, legal capacity to contractually compel the company.

Second.

1. Current regular passenger transport service dealers may choose between:

(a) To maintain its existing concessions, in which case as they are being fulfilled twenty-five years from the date on which they were granted, the Administration will proceed to the rescue of the same according to the legislation in force when they were granted without such dealers having any preferences in the procedure that would be carried out in their case to select a new borrower.

b) Replace your concessions with those regulated in this Law in accordance with the provisions of paragraph 3 below.

If within three months of the entry into force of this Law, there is no express production of that option, the same produced in favor of the replacement system as referred to in paragraph (b).

2. Where the present concessionaires opt for the maintenance system of their existing concessions, in accordance with the arrangements provided for in paragraph (a) above, the rescue of the existing concessions will also result in the automatic revocation of the authorisations for transport services of schoolchildren or producers that brought their origin in the coincidence of those services with the route of the concession rescued.

3. The arrangements provided for in the preceding paragraphs shall not apply in the case of concessions granted with a fixed term of less than 25 years, in which case they shall remain in force for the period laid down, with submission to the legal regime provided for in this Law.

4. Where the dealers opt for the replacement system referred to in point 1, the system shall be carried out in accordance with the following conditions:

(a) The Administration may make modifications to the services and its conditions of supply, precise for a more rational configuration and operation of the network of regular transports, and must maintain in any case the previously existing economic balance.

b) The previous concessions will be validated by concessions for the same services with the modifications resulting from the application of the previous point, subject in full to the precepts of this Law, and with a deadline of Twenty-year duration to be computed:

1. º In concessions with an age of more than twenty-five years at the time of entry into force of this Law; from the day corresponding to the year in which such entry into force occurs, coincident with the day in which it was opened the service.

2. º In concessions with an age equal to or less than twenty-five years at the time of entry into force of this Law; from the corresponding day of the year following that in which the entry into force occurs, matched to the day the service was opened.

In the concessions or unifications thereof, to which more than twenty years are missing to reach an age of twenty-five years, from the date on which they were granted, the duration of the new concessions for which be redeemed, shall be equal to the time taken to reach the above twenty-five years of age, with that period being computed in accordance with the provisions of

-paragraph 2.

(c) In the case of concessions in which the proper provision of the services does not require the exclusive dedication of the corresponding vehicles to their performance, a system shall be established. specific access of their holders to the new enabling authorisations for the discretionary carriage of passengers covered by Title III to be granted.

(d) Unless the corresponding enabling authorization for the discretionary transport is obtained, where appropriate, in accordance with the provisions of paragraph (c) above, it shall not be necessary for the vehicles currently affected by the concessions referred to in this transitional provision or those that come to replace them are covered by the enabling authorisation for the discretionary carriage of regulated passengers in Title III.

e) Where, in accordance with the provisions of paragraph (a) above, the relevant service, for the circumstances provided for in Article 87, is to be provided under the arrangements laid down in that Article, the Previous concession shall be replaced by the corresponding special authorization provided for in Article 87 and the authorizations of the vehicles concerned to the concession, shall be replaced by the authorizations for the transport Discretion of passengers covered by Title III as appropriate.

5. The current inter-urban transport public transport service concessionaires may choose to maintain their current arrangements, or to replace those concessions with other bus transport, which are fully subject to the scheme of regulated management in this Law. The time limit for such concessions shall be twenty-five years, which shall be counted from the entry into force of this Law, and the Administration shall have the same powers as those referred to in paragraph (a)

.

Third.

1. The current concessions for the regular transport of passengers by road, of which RENFE or FEVE holders, are being exploited with the collaboration of other companies, or through their participation in subsidiary companies of a character (a) the Commission shall, in accordance with the procedure laid down in Article 4 (2) of Regulation (EC) No 73/2002, provide for the necessary measures to be taken to ensure that the conditions for the application of this Regulation are fulfilled. (a) to be transmitted to those companies of a mixed character or to companies, in accordance with the conditions of this provision.

Jointly with the concessions referred to in the preceding paragraph, the authorizations corresponding to the transport services of schoolchildren and producers will be transferred, which will bring their origin in the coincidence of those services with the itinerary of the concession.

2. The legal regime applicable in relation to the conversions of the concessions referred to in the previous point, and in general those which are the holders of RENFE or FEVE, shall be that provided for in point 1 (b) and point 4 of the second transitional arrangement.

3. The transmission referred to in point 1 above shall only be carried out where the private undertaking which has participated in the joint venture or provided the service through the relevant contract of collaboration shall participate. together the following circumstances:

(a) That such an undertaking may be involved in the provision of the concession service at the time of entry into force of this Law, or that the same shall exploit at that time the service as the holder of the service, being private of such service. ownership as a result of the legal proceedings with the railway company, on the basis of the right to a hearing.

(b) That the undertaking or the undertaking which it brings cause would have been the final award of the concession if RENFE or FEVE had not exercised the right of a legally intended payment, or that the undertaking would have been a holder of the class B service awarded according to the Decrees of 22 February and 21 June 1929, of which the current concession brings origin.

When the supporting document is not preserved, it is not possible to prove the ownership of the class B service referred to in the preceding paragraph, the existence of such ownership shall be presumed, in the companies that duly justify the coming together in the provision of the service from a date prior to 1 April 1939, having previously subscribed to the said date the corresponding contract with one of the former Companies (a) railway, subsequently integrated into RENFE or FEVE, which will hold the ownership of the concession.

(c) the undertaking to accept the transfer of all the concessions in the supply of which it is cooperating and in which it is produced in accordance with the provisions of that provision, and also in the case of a holder of Any concession for the regular carriage of passengers by road, shall be chosen in relation to the mode of replacement, as set out in paragraph 3 of the second transitional provision.

4. In the case of concessions configured by the unification of previous ones, in which two or more undertakings which meet separately the requirements of the above point will cooperate jointly, the transmission shall be made to the company which between them they form, or the undertaking that they jointly appoint.

5. The acquiring undertakings shall satisfy RENFE or FEVE, the amount of the economic valuation of the concessions in the light of their potential profitability and taking into account the circumstances of any concurrent type.

The valuation shall be carried out jointly by the parties in a direct or mutually appointed manner by an auditor who carries out the same.

When within six months of the entry into force of this Law, the parties would not have communicated to the General Directorate of Land Transport the agreement reached in relation to the aforementioned assessment, said organ the administrative authority shall appoint an auditor to carry out the same, in the light of whose report the Administration shall make a binding assessment of the relevant assessment.

6. Before the transmission of the concessions and authorisations to ENATCAR, as provided for in the first provision, and within one year of the entry into force of this Law, RENFE and FEVE may transfer the concessions and authorisations. of regular services for the carriage of permanent and special permanent travellers, whose ownership is incumbent upon them and which are being exploited with the cooperation of joint ventures or undertakings in which the circumstances envisaged are not in point 3 of this provision, to such joint ventures or undertakings.

The corresponding assessment will be performed according to the same rules as those set out in point 5 above.

7. Where the joint ventures or partner companies referred to in this provision do not accept the transfer of the concessions provided for in that provision, RENFE and FEVE may carry out such transmission to other companies or undertakings.

Fourth.

1. In administrative procedures of all kinds, regulated by land transport management regulations, which are in the process of entry into force of this Law, this procedure will continue according to the legal system established in the same and in the regulatory standards which are to be considered in force in accordance with the repeal provision.

2. By way of derogation from the point above, in the case of petitions and projects for the establishment of new lines of scheduled road passenger transport services which are being processed at the time of entry into force of this Regulation. The law will continue the same, in accordance with the regulations of ordination and coordination with the railway in force when it was initiated whenever the declaration of necessity of establishment of the service had been carried out before. The grant which, if any, is granted as a conclusion of the said processing procedure, is understood to be granted in accordance with the provisions of this Law, subject to the requirements of this Law.

The requests and projects for which the declaration of need for the establishment of the service has not been produced prior to the entry into force of this Law, will be archived, and its promoters can reiterate the same as provided for in this Law.

The time limit for these concessions will be twenty-five years for those that have been dealt with on a private initiative, and the one that will be established in each case, within the maximum limit set in this Law, for which they have been dealt with. on public initiative.

Fifth.

1. The present authorisations for the discretionary public transport of passengers or goods, other than those referred to in the following points of this provision, as well as those of the MR class, and those granted in accordance with Article 37 of the Decree of 9 December 1949, will be validated and will have the legal effects of the discretionary public transport authorizations regulated in this Law, granted in the form provided for in Article 92 (2) (a) of the class and scope which in each case corresponds so that its holders can continue to carry out the transports for which they were previously enabled.

2. The authorisations of the TD class shall be exchanged for the authorisations for leasing of vehicles covered by this Act, for the scope of which in each case is concerned.

Such authorisations shall in any event be enabling for the leasing of such vehicles with or without a driver.

3. The transport authorisations of the MD class granted for trailers or semi-trailers shall be exchanged for the discretionary public transport authorisations provided for in this Act, granted in the form provided for in paragraph 2 (a). Article 92, but, by way of derogation from Article 54, relating to specific semi-trailers, being able to carry them with vehicles bearing the authorisations referred to in the preceding paragraph.

Where the same undertaking is simultaneously the holder of authorisations for semi-trailers and of others of the TD class for tractor-heads, it may choose to convert together, from an authorization of each class of those referred to, by a discretionary transport authorisation, granted in the form provided for in Article 92 (2) (a), subject to the ordinary scheme provided for in this Act.

When the company opts for such joint conversion by making it in relation to all possible authorizations obtained from a contingent charge, it may exchange the rest of the MD authorizations granted for semi-trailers, which, if applicable, has granted, by authorisations granted in the form provided for in Article 92 (2) (b), but by way of derogation from the provisions of Article 54 relating to semi-trailers, which may be carried out by means of vehicles bearing the authorisations referred to in point 2 of this provision.

When the corresponding authorisations of the MD class were referred to as dedicated semi-trailers for special transports and had been obtained out of quota, the new authorisations for which they are exchanged, of in accordance with the provisions of the three preceding paragraphs, they shall be referred to semi-trailers, or in the case of joint conversion, to vehicles only suitable in both cases for the purpose of carrying out the special transport in each case treat.

4. The specific authorizations for the transport of schoolchildren and producers will be exchanged for the authorizations for the realization of regular transport of special use, regulated in this Law that in each case correspond so that they can continue by providing the service previously authorised in the form and during the period in question.

5. The enabling authorities to carry out discretionary services with a repeat of the itinerary granted under Article 35 of the Decree of 9 December 1949, which are not for the transport of schoolchildren or producers, shall be exchanged for a Provisional authorization enabling the performance to be carried out during the period laid down in each case, which shall in any event be less than 12 months exceptionally extendable for a further 12 months from the corresponding services under the conditions regulated in this Law. On the expiry of that period, the services concerned may be provided only after the requirements laid down in this Law have been met.

6. The transport authorizations of the XR and XDF class (fairs and markets) will be exchanged for the authorizations regulated in this Law that enable to continue carrying out the transport that they had previously authorized, in the form and during the the time limit in each case.

7. To holders of authorizations of the classes MR, of those granted in accordance with Article 37 of the Decree of 9 December 1949, and of those obtained under Decree 576/1966, of 3 March, provided that they satisfy the requirements and they are expressly requested to be granted a fractional charge transport agency authorisation, with the recognition of the professional training requirement for the activity of the transport agency.

8. The current enabling authorizations for the conduct of regular international passenger transports shall remain valid in the terms in which they were granted and their use was made subject to the provisions of this Law and to the applicable international standards.

9. The authorisations of the EC and DC classes shall be exchanged for public transport authorisations for goods granted in the form provided for in Article 92 (a) and with the minimum territorial scope which is sufficient so that their holders can continue to provide the services that they were authorized to.

Central office and central station contract holders will be recognized as a professional training requirement for transportation agency.

Sixth.

1. The existing authorisations for private transport for rigid vehicles will be validated and will have the legal effects of the complementary private transport authorizations provided for in this Law, of the class and scope that in each case corresponds.

2. Private transport authorisations for heads of tractors and semi-trailers shall be exchanged at the rate of each of the classes referred to by a private transport authorisation subject to the ordinary scheme provided for in the Act.

The authorisations referred to semi-trailers, which in their case subtract, after the exchange provided for in the preceding paragraph, shall remain in force, with reference to a particular semi-trailer, which may be dragged by the holders of lease authorisations with origin in TD authorisations referred to in point 2 of the fifth transitional provision.

Seventh.

1. The authorization of the agency for the carriage of goods previously granted to this Law shall be validated by the authorizations of the agency for the transport of goods regulated in this Law, both of full load and of cargo broken down, when they comply with the general requirements laid down in relation to them, and shall have the legal effects and legal status of them.

2. The current travel agency authorisations shall enable the activities provided for in Article 122 to be carried out.

3. The current vehicle lease authorisations will be validated by the vehicle lease authorisations regulated in this Act, and will have the legal effects and legal status of these.

4. The current concession of stations will be validated by the authorizations of stations regulated in this Law, maintaining their validity until the end of the deadline set in their respective original grant. Such concessions shall have the legal effects and legal status provided for in this Law.

Eighth.

1. Current concessions and authorizations for public or private service rail transport shall remain in force in accordance with their conditions of granting, until the end of the relevant period, subject to the conditions of the Legal provisions set out in this Law.

2. As long as the determination expressed by the Government of the services that make up the National Integrated Network of Rail Transport is produced, the totality of the railway services will be considered to be included in the moment of The entry into force of this Act exploits RENFE.

Ninth.

The inventory update referred to in Article 184.4 shall be completed within two years from the date of entry into force of this Law.

10th.

The obligation to have the corresponding authorization to carry out discretionary transport of passengers or goods provided for in this Law, will not be required for the transports of passengers in vehicles of more than nine places, or goods, whatever their capacity, which are carried out in full on urban land, until 1 January 1988, unless the corresponding Ayuntamas establish an earlier date. The system of granting the necessary authorizations to persons who justify that at the time of entry into force of this Law they were legally carrying out urban transports of the mentioned types will be determined.

11th.

The replacement and exchange of authorizations referred to in the foregoing provisions shall be made in compliance with the terms and conditions for processing to be established by the Administration.

REPEAL PROVISION

1. The Laws for the Management of Mechanical Transport by Road and the Coordination of Transport with the Railway, both of 27 December 1947; Law 38/1984 of 6 November, on inspection, control and control, are repealed. sanctioning of mechanical road transport, and Royal Decree-Law 1304/1986 of 28 June 1986 on certain conditions for the conduct of public transport by road.

2. They are also repealed: the General Law of the Railways of 23 November 1877, the Law of Secondary and Strategic Railways of 26 March 1908, as amended by the Law of 23 February 1912; the Decree-Law of 5 May 1926, which approved the Priority plan for urgent railway construction; the fourth to eighteen of the Law on the Bases of Railway and Transport Management of 24 January 1941; the Law of 21 April 1949 on the Deficit Exploitation Railways; the Railway Police Act of 23 November 1877; the Law of Creation of the Detases of Detases of 18 of July 1932, as amended by Law of 24 June 1938; the Decree-Law of 23 July 1964 and 19 July 1962 on the organisation and operation of RENFE; the Decree-Law of 29 December 1972 on the reorganisation of the Railways Article 56 of Law 33/1971 of 2 July, and any provisions of equal or lower rank shall be contrary to the provisions of this Law.

3. The remainder of the regulatory rules for mechanical road and rail transport shall be repealed with the entry into force of the general rules for the implementation of this Law, except those which are expressly declared in force.

FINAL DISPOSITION

This Law shall enter into force on the day following its publication in the "Official State Gazette".

Therefore,

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

Palma de Mallorca, 30 July 1987.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ