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Royal Decree 971/1987, Of 24 July, On The Regulation Of Military Vehicles And The Civil Guard Driving Licences.

Original Language Title: Real Decreto 971/1987, de 24 de julio, sobre regulación de permisos de conducción de vehículos militares y de la Guardia Civil.

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TEXT

Royal Decree 3463/1983 of 28 September 1983 amending certain articles of the Code of Circulation did so, inter alia, from Articles 262, 264 and 269 regulators of the driving licence classes, requirements for obtaining and reviewing them, respectively, in view of the need to adapt that legal body to a constantly evolving reality.

The previous amendments make a double sense in the current legislation on permits to drive military vehicles.

On the one hand, they demand an adaptation in terms of ages and deadlines for obtaining the corresponding permits by the classes of Troop and Marineria, given the reductions in the age of incorporation to the ranks introduced by the Law 19/1984, of June 8, of the Military Service, and the unavoidable need to have a certain contingent of personnel trained to drive the vehicles of the Armed Forces and the Civil Guard.

Furthermore, moreover, the fact that the previous regulation of such permits for the military field had been carried out by standard with rank of Order, the number 78/1980, of December 30, now requires the enactment of a standard with the rank of Royal Decree, on the basis of the derogations from the general scheme which are included in this provision.

But, in any case, and considering road safety as a fundamental objective, a number of requirements are laid down in this field to ensure that the level required of drivers of military vehicles will not be in any way lower than the requirement for obtaining the equivalent class permits issued by the Provincial and Local Traffic Headquarters. In this sense, the fundamental guarantee is the incorporation of the scales required in the recognition of aptitude by Royal Decree 2272/1985 of 4 December 1985 determining the psycho-physical skills to be possessed by drivers of vehicles and for which the centres of recognition are regulated to verify them.

In its virtue, on the proposal of the Minister of Defense, according to the Minister of Interior, with the approval of the Ministry for Public Administrations and after deliberation of the Council of Ministers at its meeting on 24 March July 1987,

DISPONGO:

Article 1.

1. The driving and circulation of military vehicles through public roads will be governed by the provisions of the current Code of Circulation, by the provisions of this Royal Decree, and, in the exclusively military aspects, by its regulations. specifies.

2. The military vehicles shall be driven by the persons authorized for that purpose and who are in possession of the corresponding driving licence of the Armed Forces, which must carry with them and exhibit when, on the occasion of the circulation, they are required for this by the officials of the Authority. The classes of Troop may take instead of the original driving licence and subject to the authorisation of the Head of its Unit, a photocopy of the same signed by that Head.

3. The driving licences issued by the Military Schools and Bodies authorised by the Ministry of Defence shall be valid for the purpose of circulating the driving licences, provided that they are motor vehicles or mopeds belonging to the Armed Forces.

4. The transport of military personnel and civilian personnel is authorized in the Centers, Agencies and Dependencies of the Ministry of Defense, in vehicles not specifically intended for the transport of passengers. In such cases, persons shall be transported in safety conditions, in seats fitted properly in the case of vehicles, in accordance with the vehicle's capacity and without exceeding, under any circumstances, their authorised maximum weight.

Art. 2.

1. The driving licences of motor vehicles of the Armed Forces shall be of the following classes:

A-1. For motorcycles with a cylinder capacity not exceeding 75 cubic centimetres.

A-2. For motorcycles of any cylinder capacity with or without sidecar and other three-wheel vehicles the weight of which does not exceed 400 kilograms.

B-1. For three-wheel cars and for passenger cars and for lorries, all with maximum authorised weight not exceeding 3,500 kilograms.

B-2. For vehicles of Military, Naval, Air, Civil Guard, Health Care and Fire-extinguishing Police vehicles, in urgent tasks, provided that their maximum authorized weight does not exceed 3,500 kilograms.

Only with this kind of permission will you be able to use special light and acoustic signals.

C-1. For trucks and passenger cars with an authorised maximum weight exceeding 3,500 kilograms and not exceeding 16,000 kilograms.

C-2. For trucks with any maximum authorised weight and articulated vehicles intended for the transport of things.

D. For buses and articulated vehicles for the transport of persons and for lorries carrying nine persons or more, including the driver and not forming part of a military column or convoy.

E. That authorizes the holders of the permits of classes B-1, B-2, C-1, C-2, D and F so that they can drive the vehicles to which they refer by dragging a trailer or military medium of more than 750 kilograms.

F. For special vehicles of a typically military nature, of wheels, chains, mixed and others, which shall not be circular in isolation, but shall do so in column, never being the head or tail thereof; or Exceptional circumstances would have to circulate in isolation with a signalling vehicle in front and another behind.

The type of vehicles to which you authorize this type of permission should be reflected in the appropriate section.

G. For industrial or special vehicles self-propelled by the Armed Forces serving in or out of their premises.

The type of vehicles to be authorized by this permit class must be reflected in the appropriate section.

2. The carriage of persons in numbers of nine or more, including the driver, is authorised with permits of classes C-1, C-2, F and G, provided that the vehicle is part of a military convoy or column.

3. The permits of classes B-2, C-1, C-2 and D allow the holder to drive cars for which the lower class permit is sufficient. However, none of them authorize the driving of two-wheel motorcycles with or without sidecar.

4. The permits of classes B-1, B-2, C-1, C-2 and D authorise the driving of the vehicle with an authorised maximum weight trailer not exceeding 750 kilograms or, even if the latter does not exceed the load weight of the vehicle, which is engaged and the sum of the maximum authorised weights of both vehicles does not exceed 3,500 kilograms.

5 Crane vehicles or those which, as tractors, towed to another vehicle, shall be driven by the permit corresponding to that of the tractor vehicle supplemented with that of Class E, when the sum of the vehicle's tare tractor and the maximum authorised weight of the towed exceeds 3,500 kilograms.

6. Where the holder of a driving licence of a given class is granted a higher class licence, it shall not be necessary to issue a new licence, with such a condition on the permit to be held, by means of the stamp of the Agency. and the date of issue from which it was obtained.

Art. 3.

The different classes of driving licences will be in line with the models to be determined and approved by the Minister of Defence.

Art. 4.

1. The driving licences listed in Article 2 of this Royal Decree will have the following validity periods, in any event related to the situation of activity in the Armed Forces, of its holder.

Permissions of classes A-1, A-2, B-1, and B-2:

-Ten years, if the holder has not complied at the time of the date of issue forty-five years of age.

-Five years, if your age exceeds forty-five.

Permissions of classes C-1, C-2, D, E, F, and G:

-Five years, if the holder has not been forty-five years old.

-Three years, if your age is between forty-five and sixty years.

-Two years, if your age is between the age of sixty and the cessation of activity in the Armed Forces.

2. The validity of driving licences shall be extended by the time limits laid down in the preceding paragraph, by revision or renewal by the centres authorised to issue them, subject to the request of the person concerned in the last month. of its validity, provided that it is in a situation of activity and is established that it retains the psycho-physical and psychological aptitudes, depending on the cases required to obtain the permit in question.

During the renewal process, the holder shall be provided with the temporary authorization to drive issued by the Head of the Agency empowered to do so.

3. In the permits issued to the staff of troops and marineria, either replacement or volunteer, when they cease in the service in rows and in the event that their holder has driven for three months vehicles corresponding to the class of permission that In the case of accidents attributable to the person concerned, the following diligence shall be affixed to his/her licence, duly endorsed with the stamp and signature of the Head of the relevant Unit or Body.

"Passes to the situation of ............................. on the day ....... of ................. of 19 ......".

This diligence will serve as certification for the purposes of the possible exchange of such permits for their civil equivalents provided for in Article 267 (2) (b) of the current Circulation Code.

In the event that the driver does not meet the above conditions, the permit will be withdrawn. In this case it shall be annulled by stamp and signature of the Head of the Unit to which the driver belonged, communicating by that chief the cancellation to the Register of military driving licences of the Army to which it belongs and to the Central Register of Drivers and Offenders of the General Directorate of Traffic.

Art. 5.

1. In order to obtain a driving licence from those listed in Article 2, it shall be required:

a) Halse in activity or service in rows situation.

b) Haber met the following ages:

-For A-1 class permission, sixteen years.

-For A-2 class permission, seventeen years.

-For classes B-1, B-2, C-1, and C-2, eighteen years.

-For classes D and E, nineteen years.

c) Not be disabled by judicial resolution for obtaining. No permission may be obtained during the period of intervention or suspension of the permit, whether it has been agreed on a judicial or administrative basis.

d) Poseer the psycho-physical and psychological conditions to be determined in the current regulations. These conditions shall be accredited by the corresponding medical and psychological certificates issued by the Armed Forces ' faculty, adapting the recognition to the provisions specified in Annexes 1 and 2 of the Royal Decree 2272/1985, dated 4 December.

e) To be declared eligible, for having exceeded the courses that are programmed by validation of the corresponding civil driving permit or to approve the theoretical-practical examination that is fixed for each kind of permit. The requirements for the ability to drive required in these theoretical and practical tests shall in no case be lower than those laid down in the Code of Circulation and supplementary rules in this field.

f) To obtain the permissions of classes F and G it is necessary to own those of classes B-1 or B-2.

The vehicles for which the F permit is required must not be run on public roads in isolation. They shall be in column, never being the head or tail of the column. If by the concurrence of exceptional circumstances they have to circulate isolated they will do it with a senalizer vehicle in front and another behind.

g) To obtain the class D permissions, due to the special preparation they require and the rigorous unit of criteria to be set for their grant, the following requirements are required:

-All applicants belonging to the same call and subordinate to the same military authority as those of the Schools that are regulated to issue permits to drive military vehicles shall be required to be instructed in the same Center.

-All applicants for the same call will be examined by a single person with a category of Head and specially designated for this.

-To be a holder with one year or more of the age of driving licences of classes C-1, or C-2 or, in another case, to hold the B-1 or B-2 civil permit with a date prior to the entry into ranks of the applicant in addition to the C-1 or C-2 military with more than three months old and certified to have driven the vehicles to which it authorizes a minimum of 1,000 kilometres.

h) To obtain the E permit, to own the B-1, B-2, C-1, C-2 or D, with more than three months old and certified to have driven the vehicles to which it authorizes, a minimum of 1,000 kilometers.

2. In no case shall the permit for civil conduct be validated by the Armed Forces, nor can it be obtained within those of the superior class to which it is already held, when the person concerned has committed criminal offences punishable as a criminal offence. or faults, originators of accidents or damage of material and imputable to negligence, ignorance or impericia, as long as the antecedents are not cancelled because of the facts that gave rise to the sanction.

Art. 6.

1. They are empowered to issue military driving licences:

-The Heads of the Military Schools authorized, in accordance with the provisions of Article 267, I, 3 of the Code of Circulation, in the event that such permits are liable to exchange for the corresponding civilians.

-The Heads of Military Schools and Bodies authorized by the Ministry of Defense for the rest of the cases.

2. The Heads of the Schools and Bodies authorized to issue the military driving licences may grant these to any military aspirant who meets the required conditions, even if the latter does not belong to his own Army.

Art. 7.

The holders of the driving licences of the Armed Forces may exchange them once, for the civil equivalent, after payment of the corresponding fees and without carrying out aptitude tests in the circumstances fixed by the Article 267 of the current Circulation Code.

If, when the exchange is made, the holder of a military driving licence shall not reach the age required by Article 264 (I) of the Code for obtaining the corresponding civil permit, the exchange shall not be carried out until it is has complied with the statutory age. If the compliance with the age requirement is one year after the end of the service in rows or activity, the exchange shall also require the testing or the course of recycling to be carried out by the Management Board. General Traffic, which shall be developed free of charge at the military school nearest to the residence of the person concerned and which meets the conditions set out in Article 267.I. 3 of the Circulation Code.

Art. 8.

At the Headquarters of each Army, there will be a record of the military driving permits issued by the competent bodies dependent on the same, whose data and incidents will be transferred to the Central Register of Drivers and Offenders of the General Directorate of Traffic.

Art. 9.

The sanctioning regime shall be in accordance with the provisions of the Code of Circulation and Supplementary Rules.

Art. 10.

1. The provisions of this Royal Decree shall apply to vehicles, driving licences, authorizations, drivers and driving schools of the Civil Guard.

2. In the Directorate-General of the Civil Guard there shall be a Register of driving licences issued by the competent bodies which are dependent on that Directorate, with the purpose referred to in the last subparagraph of Article 4 (3) and Article 8 of this Royal Decree.

ADDITIONAL PROVISIONS

First.

The staff of the mandatory service from the time of their final classification as useful for the military service and the personnel who have requested normal volunteering or special volunteering may perform, once 17 years of age, the required preparation for obtaining the driving licences of classes B-1 and B-2 in private schools of drivers. If the tests are exceeded, the actual driving exercise shall be postponed to the age of eighteen years, at which time, if they are already in line, the corresponding military permit shall be issued without the need for proof. some.

The same criterion applies to the staff of the special volunteer, who has been twenty years of age and who is not in a situation of activity, as regards the permits of classes C-1 and C-2.

Second.

The Minister of Defense may take the appropriate measures or incentives to encourage the obtaining of the driving licence of the class B-1 under the conditions laid down in the first paragraph of the provision The following additional information shall apply from the time of entry into rows of staff.

Third.

The Ministry of Defense, if the needs of the service advise, will be able to arrange with the private schools of drivers the preparation for the realization of the corresponding tests to obtain the permission of driving of the B-1 class of the Armed Forces personnel to be incorporated into the active service.

TRANSIENT PROVISIONS

First.

To adapt the permissions in force to what is set out in this Royal Decree, the following will be taken into account:

1. The permits A-1, A-2, D, F and G shall be equivalent to those of the same name in this new regulation and allow their holders to drive the vehicles to which they authorise each.

2. Permits B and C shall be equivalent to B-1 and C-1 respectively and allow their holders to drive the vehicles to which they authorise each.

3. Permits E, the denomination of which does not vary, entitle their holders to drive vehicles by dragging a non-light or specifically military trailer. The class of the vehicle shall be authorised by the permit to which it complements.

4. Permits B shall be equivalent to those of class B-2 where the holders certify that they have driven vehicles for which it authorizes a minimum of 1,000 kilometres.

5. The C permits shall be equivalent to those of the class C-2, where their holders certify that they have the appropriate E permit or have driven articulated vehicles or with an authorised maximum weight exceeding 16,000 kilograms, a minimum of 1,000 kilograms.

6. The current driving licences will be adapted to the new format to be determined at the end of their term of validity or before, if any procedures have to be carried out on them.

Second.

As long as the provision of a service on the Spanish Red Cross is regulated, the personnel who serve as a volunteer and who are in possession of the military driving licence of the class B-2, will be able to drive the ambulances belonging to that institution registered under the rules contained in Chapter XV of the Circulation Code.

FINAL PROVISIONS

First.

The Minister of Defense will dictate the provisions necessary for the implementation and development of this Royal Decree and, as far as the Civil Guard is concerned, together with the Minister of the Interior.

Second.

Paragraph IV of Article 277 of the Circulation Code, Order number 78/1980 of 30 December, and any provisions of equal or lower rank are hereby repealed.

Third.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid on July 24, 1987.

JOHN CARLOS R.

The Minister of Defense,

NARCIS SERRA I SERRA