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Royal Decree 1987/1985, Of September 24 General Rules Of Installation And Operation Of The Itv Stations.

Original Language Title: Real Decreto 1987/1985, de 24 de septiembre, sobre normas generales de instalación y funcionamiento de las Estaciones ITV.

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TEXT

In order to improve road safety, it is necessary to maintain motor vehicles in suitable conditions of use, such as to prevent accidents due to mechanical failures. In this sense, it has been shown that the best system to achieve the correct maintenance of the vehicles, is the verification of the state of conservation and functioning of the essential elements of safety, both active and passive, through of periodic technical inspections.

In order to provide all of Spain with the number of Technical Inspection of Vehicles (ITV stations), indispensable to meet the needs of the car park, the National Road Safety Program for The triennium 1981-1983 previewed the realization of a first National Plan of Construction of the ITV Stations, whose objective was to provide, at least, with a station to the totality of the most important provinces and islands.

Now, the increase of the frequency of inspection, the growth of the vehicle park, the progressive aging of the same and the necessary extension of the obligation of the inspection to the tourist vehicles In the future, it will give rise to an inspection workload, which will hardly be able to meet the network of ITV stations built by the Ministry of Industry and Energy, nor those provided for in the National Plan. it is necessary to establish a system that allows the construction of new ITV stations in a more agile way and enabling private equity access.

On the other hand, the transfer to almost all of the Autonomous Communities, the functions and services related to the Technical Inspection of Vehicles, provided for in the Code of Circulation and complementary provisions, has determined that double competition operates in the field of inspections, a corresponding to the State Administration, under the exclusive competence that Article 149.1.21.a of the Constitution establishes in favor of the State in the field of traffic and movement of motor vehicles and which is plasma among other facets, in the establishment of the technical conditions for the movement of the vehicles, and another corresponding to a service of an executive nature to verify compliance with such conditions, through the inspections, and which has been expressed, corresponds to the services and functions in the field of inspection, transferred to most of the Autonomous Communities.

On the basis of their competence, it is up to the State to regulate the regulatory aspects, both for the requirement of conditions and for verification, without, of course, diminishing the competence of the Autonomous Communities to organise the past services, relating to vehicle inspections.

Therefore, minimum conditions are laid down for the installation and operation of the ITV stations to ensure the coherence of the whole of the network of stations throughout Spain, while remaining in the hands of the Autonomous Communities, the decision on the system of installation and management of stations, as well as the monitoring and control of their operation.

In its virtue, on the proposal of the Minister of Industry and Energy, after deliberation by the Council of Ministers, at its meeting on 24 September 1985,

DISPONGO:

Article 1. °

1. This Royal Decree aims to establish the basic rules for the installation and operation of the Technical Inspection of Vehicles, which guarantee the identification, content and other characteristics of the inspections, as essential elements of Road Safety.

2. The Technical Inspection Station of Vehicles is that installation which, together with the technical conditions prescribed by this Royal Decree, is recognized by the corresponding Autonomous Community, to carry out the periodic inspections of vehicles, established in the Circulation Code and supplementary provisions, as well as non-periodic reviews which, for technical reasons, are advisable to be carried out in accordance with the rules of the Ministry of Industry and Energy.

Art. 2. °

1. The material execution of the inspections may be carried out by the Autonomous Communities directly, or through joint-economy companies, or by private companies, owners of the facilities, with their own staff, and under administrative concession.

2. Notwithstanding the above paragraph, the inspection reports, the completion of the ITV cards and any operations affecting the inspection service shall be checked by the competent authority of the Community. Autonomic.

Art. 3. °

Without prejudice to the system of incompatibilities that may be established by the Public Administration, competent to organize the inspection functions and services, the partners or directors of the Company and its personnel, may be involved in:

-Road land transport activities.

-Trade in motor vehicles.

-Repair workshops.

-Administrative management, related to the automotive field.

-Companies or mutual insurers in the automotive field.

-Auto-field appraisers and insurance agents.

Art. 4. °

1. The projects of the ITV Stations will conform to the minimum conditions established by this Royal Decree. In addition, the Ministry of Industry and Energy may establish general operating rules, which shall be of an additional nature.

2. The works for the construction of ITV stations shall have the consideration of social interest, in obtaining the permission of works, in respect of article 43, paragraph 3, in relation to article 85 of the Law of Soil.

3. The teams of the ITV stations will correspond to types approved by the Spanish Metrology Centre, according to the technical specifications, approved by the Ministry of Industry and Energy.

4. The concessionary companies must have covered the civil liabilities that could be derived from their performance, through the appropriate insurance policy.

Art. 5. °

1. Without prejudice to the provisions of Royal Decree 3273/1981 of 30 October 1981, the following inspections may be carried out in the ITV stations:

(a) Regular inspections of motor vehicles, as laid down in the Circulation Code and supplementary provisions.

(b) Pre-registration inspections of vehicles corresponding to non-approved types.

(c) Inspections prior to the change of destination of the vehicle, as defined in the Circulation Code.

(d) Inspections carried out on the occasion of the implementation of important reforms, as defined in the regulations.

(e) Inspections made for the issue of the duplicate of the ITV card, if available under the Circulation Code, or required by the Administration for justified reasons.

(f) Inspections that are required of the holder of the vehicle by any of the Agencies to which the Code of Circulation and other existing legislation attribute powers to this matter.

g) Inspections of vehicles on transfer of ownership, where available to the Administration on a specific or general basis.

(h) Voluntary inspections requested by the owners of the vehicles.

i) Periodic reviews of taximeters and odometers. Periodic reviews of tachographs may also be made in those ITV stations acting as authorised repairers to carry out such reviews. In any case, the periodic technical inspection of the vehicles referred to in point (a) above shall include the official inspection of the tachograph installations on the vehicles.

j) Vehicle weighing, at the request of the agents responsible for traffic monitoring.

k) other inspections to be carried out in the contract specification, at the request of the Autonomous Community concerned.

2. The inspections, other than those of headings (a), (g), (h), (j) and (k), may be certified only by staff of the Administration.

3. In the ITV stations, no vehicle repair work can be done.

4. Each ITV Station must have a Technical Officer who will be Technical Engineer or Senior.

Art. 6. °

1. After the construction of the ITV Station, the competent authority of the Autonomous Community shall communicate it to the Ministry of Industry and Energy, providing information on the number and type of lines equipped, inspection frequencies, data of the the location of the station, and, in general, all data defining the characteristics of the corresponding station.

2. Once the notification has been received, the Management Centre of the Ministry of Industry and Energy responsible for industrial safety shall carry out the necessary inscriptions in the Register of Stations which for this purpose is established, with the the purpose of facilitating the consistency of the set for statistical purposes, and shall assign to each of the ITV Stations a number to be included in the Technical Inspection of Vehicles and the ITV Cards, the allocation of which shall be published in the " Official State Gazette.

Art. 7. °

The competent authority of the Autonomous Community shall communicate to the Ministry of Industry and Energy any variations in the recordable data of the entries in the ITV stations.

Art. 8. °

To facilitate the identification of the ITV Station throughout the Spanish territory, by the drivers of the vehicles, all of them will hold, in place well visible, the ITV logo, which appears in Annex I of this Royal Decree.

Art. 9. º

Every user of a car will freely choose the ITV Station where he wishes to pass the periodic roadworthiness test.

Art. 10.

1. The favourable outcome of the periodic roadworthiness test, as well as the date on which it took place, will be reflected in the Vehicle Technical Inspection Card (ITV Card), and must be completed with the signature of a technical officer of the The ITV Station, the stamp of the concessionaire in its case, as well as the order number of the ITV Station, assigned by the Ministry of Industry and Energy, in accordance with the provisions of Article 7. °, paragraph 2, of this Royal Decree.

2. The signatories of the ITV Cards shall be responsible for the accuracy and accuracy of the data entered therein.

3. The ITV Card shall contain the technical characteristics of the vehicle and shall have the format, content and specifications laid down by the Ministry of Industry and Energy.

4. The characteristics indicated on the ITV Card shall be used in the identification of the vehicle as a prior stage of the roadworthiness test.

Art. 11.

1. Vehicles which have favourably passed the periodic roadworthiness test shall have a distinctive mark on the site, indicating the date on which the next inspection is to pass, the design and format of which appears in Annex II to this Regulation. Royal Decree.

2. The placement of the inspection flag is mandatory for all vehicles which are subject to the periodic technical inspection regime.

Art. 12.

1. In order to ensure that there is a need for homogeneity to allow for the analysis of the results of the inspections, the inspection reports shall be unified throughout the national territory.

2. The model of these reports, as well as the instructions for completion, are set out in Annex III to this Royal Decree.

3. The competent bodies of the Autonomous Communities shall, on a quarterly basis, send to the Management Centre of the Ministry of Industry and Energy, competent in the field of Industrial Safety, information on the number and results of the the technical inspections of the vehicles, as well as the frequency of the defects observed, based on the data contained in the inspection reports.

4. With that information, the Steering Centre shall draw up studies on the inspection statistics and the deficiencies of the vehicles, due to their state of conservation, operation and other causes, for each model, and depending on their age.

Art. 13.

Inspection fees and their periodic update will be established by the Autonomous Community. In cases where the award is made under the concession scheme, they must be included in the relevant specifications of the concession.

TRANSIENT PROVISIONS

First.

The system of incompatibilities provided for in Article 3. of this Royal Decree shall apply only to the new Entities and to changes in the ownership of the shares or units in the Entities already authorized. In other cases, the incompatibilities referred to in Article 3 (2) of the Royal Decree 735/1979 of 20 February of 20 February shall apply.

Second.

In cases where the vehicle inspection has not yet been transferred to the Autonomous Communities, the functions attributed to them in this Royal Decree shall be exercised by the State Administration.

ADDITIONAL PROVISIONS

First.

The failure by the concessionary entities to comply with the rules governing this activity will result in the beginning of the corresponding administrative penalty file, as provided for in Article 18 of the Decree 809/1972 of 6 April 1972 and Article 7 of Royal Decree 735/1977 of 20 February 1977.

Second.

1. The concessionary entities of ITV that are established in the framework of the present Royal Decree are collaborating entities and, therefore, will be able to benefit from the benefits provided for in the Royal Decree 3272/1981, of October 30, for which it is declares 'preferential interest' the activity of the Technical Inspection of Vehicles.

2. The term of validity of the benefits, as set out in Article 7.or of the said Royal Decree, is set out in five years from the entry into force of this provision.

Third.

In the provinces where an ITV Station is already available, at least the technical inspection will be carried out at this station. In the event that the Station is insufficient or temporarily out of service, due to force majeure, and in those Spanish territories located outside the peninsula, independent of the ITV Station, the technical inspection will be carried out for the procedure established by the competent authority of the Autonomous Community, provided that technical means of equivalent efficacy are used for this purpose.

FINAL PROVISIONS

First.

The final provision of Decree 809/1972, of 6 April, which regulates the activity of repair shops for cars, is hereby repealed, as well as the first item of the Government's Presidency Order of 1 March 1973, for the application of Decree 809/1972 of 6 April.

Second.

The second transitional provision of Royal Decree 3273/1981 of 30 October 1981 and the Order of the Ministry of Industry and Energy of 12 March 1982 authorising the repairers of repair of the vehicles to act as collaborating entities.

Third.

The Order of the Ministry of Industry and Energy of 9 June 1980 is hereby repealed, in respect of the collaborating entities in the field of the Technical Inspection of Vehicles, as well as the provisions of equal or lower rank object to this Royal Decree.

Fourth.

The Ministry of Industry and Energy is authorized to make the necessary provisions for the development of this Royal Decree.

Given in Madrid on September 24, 1985.

JOHN CARLOS R.

The Minister of Industry and Energy,

JOAN MAJO CRUZATE

ANNEX I

Imagen: img/disp/1985/258/22259_001.png

ANNEX II

Inspection flag application features and rules

First.

The inspection flag shall have the design and dimensions indicated in Appendix 1 of this Annex. The figures will be the following size:

Milimeters

Height of figures in month 4 numbers

Height of figures in year 12 numbers

Stroke Thickness in month numbers 0.7

Stroke Thickness in Year 2 Numbers

Second.

The inspection flag must be made in such a way that, during its period of validity, it is able to withstand the requests arising from the service of the vehicle and its reuse is not possible. The colours of the background and the colours of the characters shall be determined in accordance with the calendar year in which the period of validity of the inspection expires. These colors are for each year listed below:

Year

Background

Characters

1987

Yellow

Red.

1988

Red

Yellow.

1989

Green

and will change successively according to this sequence in the following years.

The colors of the ITV acronym will always be blue.

Third.

The number placed on the Constitutional Shield indicates the last two figures of the year of inspection expiration. The Roman numerals of the upper part, ranging from I to XII, indicate the month of the expiry of the inspection. The corresponding month will be drilled with a drill that leaves a circular footprint of 4 millimeters in diameter.

Fourth.

In the left side of the flag the number of the ITV Station will be drilled by means of drilling account numbers. The height of the perforated numbers shall be 6,5 millimetres.

Fifth.

In the case of motor vehicles, the flag shall be placed in the upper right corner of the windscreen by its inner face. The printed face of the flag shall be self-adhesive.

In case of trailers, the flag shall be placed on or next to the tare and load plate.

The unprinted face of the flag will be self-adhesive.

Sixth.

The new flags will take effect within three months of the publication of this Royal Decree.

APPENDIX I

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ANNEX III

Characteristics of the Vehicle Technical Inspection Report and standards for completion

I. CHARACTERISTICS OF THE REPORT

First.

1. The model of the Vehicle Technical Inspection Report, which is included in Appendix I to this Annex, is approved.

2. This report is of a basic information and each Autonomous Community can complete if it deems it appropriate, but the groups and codes of the relevant defects must be maintained.

The report consists of an original on white paper that will remain in the power of the ITV Station, a pink copy that will be forwarded to the Provincial Traffic Headquarters, a blue copy that will be given to the interested party, a green copy that will be referred to the competent authority of the Autonomous Community of the province of registration of the vehicle and a yellow copy, which shall be sent to the competent authority of the Autonomous Community where the ITV Station is located. This same information in computer support will be sent to the Steering Center of the Ministry of Industry and Energy competent in the field of Industrial Security, according to the terms set out in point 12.3 of this Royal Decree.

Second.

In the case of vehicles passing a second inspection for having detected a serious defect in the first one, a new report form will be used, which will be in place well visible, the legend "2. inspection" marked with buffer of a minimum size of 6 millimeters wide by 50 millimeters long.

II. RULES FOR THE COMPLETION OF THE VEHICLE TECHNICAL INSPECTION REPORT

Province.

The province where the inspection is carried out, according to the coding of the table included in Appendix II of this annex, shall be completed by filling the first two tables with the digits of the province.

ITV station number.

The number assigned to the ITV Station shall be entered by the Steering Centre of the Ministry of Industry and Energy responsible for Industrial Safety. In those provinces where there is no ITV Station the number 00 shall be entered.

In both cases it will be preceded by the two digits of the province.

Number of the report.

The correlative number of the inspection will be indicated, according to the internal organization of each ITV Station.

Vehicle classification.

The codification of the Order of the Presidency of the Government approving the classification of vehicles and their definitions, for statistical purposes, as well as the rules on the fixing of numerical keys, will be used.

It will consist of up to four digits.

Brand.

The mark of the vehicle shall be entered.

Type.

The type of vehicle on the ITV Card shall be entered.

Type-approval password.

In the case of approved vehicles, the approval password shown on the ITV card as well as the manufacturer's plate shall be entered. In the case of non-approved vehicles, it shall be left blank.

It will consist of a maximum of five characters (a letter followed by four digids).

Tuition.

It shall consist of a maximum of eight characters distributed as follows: Province of registration: Maximum 2 letters, in accordance with the codification indicated in Article 233 of the Circulation Code. Registration number:

a) Numeric (maximum six digits).

b) Alfics (maximum six characters in total, the alphabetic part being able to have one or two letters)

Year.

The last two digits of the year of first registration of the vehicle shall be entered. In the case of vehicles previously registered abroad, the registration date shown in the documentation of the country of origin shall be entered.

Rack number.

It will consist of up to 17 characters.

Result of the inspection.

If the inspection is favorable, the corresponding box will be marked with an X.

If the inspection is unfavorable it will be marked with an X of the remaining two boxes, as well as the date on which the vehicle is cited for further review, if any.

Validity of the inspection.

The period of validity of the inspection shall be entered in months, the date of the inspection (day, month and year), as well as the signature of the Station and the stamp of the Station.

Deficiencies observed.

The deficiencies are classified in:

-DL: Mild effects.

-DG: Severe effects.

A cross will be placed in the space corresponding to the observed deficiency.

The Inspection Report must be signed by the user.

APPENDIX I TO ANNEX III

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APPENDIX II TO ANNEX III

PROVINCES ENCODING

Alava

01

Guadalajara

19

Salamanca

37

Albacete

02

Guipuzcoa

20

Santa Cruz de Tenerife

38

Alicante

03

Huelva

21

Santander

39

04

22

Segovia

40

40

05

Jaen

23

Seville

41

Badajoz

06

Leon

24

Soria

42

Balearic

07

Lerida

25

43 Barcelona

08

Logon

26

44

Burgos

09

09

27

Toledo

Toledo

10

Madrid

46

11

Malaga

29

47

Castellon

12

30

Vizcaya

48

48

13

Navarre

13

31

Zamora

49

14

Orense

32

Zaragoza

50

Coruña (La)

15

Oviedo

33

Ceuta

51

16

34

16

Gerona

52

17

Palms (Las)

35

 

Granada

18

Pontevedra

36