The successive ministerial orders for quotas have been regulating, with slight variations, the system of granting, modifying and extinguishing transport authorizations. This has meant that the same provision contains precepts of different nature:

On the one hand, some of the temporary ones that determine the number of new authorizations to be granted for certain periods of time; and on the other, those others with a vocation of permanence, references to which, with a concept The legal system of the Authorisations is to be described as a legal system, and they are the development of the provisions of the Regulations on the Management of Mechanical Transport by Road.

It seems clear that the time has come to differentiate the purely conjunctural content of that other one of greater stability, differentiation that is imposed not only by its different nature, but by demands of a greater legal certainty, which brings with it a better definition of the institutional framework, which will produce expectations of certainty for users and transport operators.

In the line previously pointed out, the provision that is now enacted implies a clarification of the set of legal relations arising from the administrative intervention in the sector, configuring the different assumptions of intervention and the consequences thereof, reducing the scope of administrative discretion and the set of indeterminate legal concepts in so far as such a reduction is possible.

All this allows us to hope that the regulation that the present order contains, with respect to a better management of the road transport, will guarantee, in definitive an adequate profit of resources to the service of the Country and benefit of users of the road transport system.

In its virtue, this Ministry has had to dispose:

Article 1. The granting, modification and extinction of the authorizations for the discretionary public transport of goods, regulated in the Law on the Management of Mechanical Transport by Road of 27 December, is subject to the provisions of this Order. 1947 and its Regulation of 9 December 1949.

Whenever the word authorization is mentioned in this Ministerial Order, without prejudice to the powers in this matter of the Autonomous Communities, it is a matter of authorizations whose competence corresponds to the Central Administration of the State, regardless of whether its management is delegated, where appropriate, to the various Autonomous Communities.

Article 2. For the purposes of this Order, vehicles shall be classified as:

1. Light, it being understood as such cargo vehicles whose authorised maximum weight does not exceed six tonnes or those that still exceed them, have a payload capacity of not more than 3,5 tonnes.

2. Heavy vehicles, which are understood as such vehicles that exceed the tonnages set out in the previous paragraph.

3. Tractors, such as those vehicles that comply with the tractor-head function, without load capacity, capable of dragging other vehicles. Agricultural tractors are excluded from the provisions of this paragraph.

Article 3. The procurement of new discretionary public transport authorisations for goods shall comply with the following rules:

1. The number of such authorisations which may be granted annually to each of the groups referred to in paragraphs 2, 3, 4 and 5 of this Article shall be fixed by the Ministry of Transport, Tourism and Communications by means of the the quotas for the different types of authorisations.

2. Natural or legal persons who at the date of filing of the application are authorised to be holders of authorisation or who are entitled to a public transport authorisation for heavy goods vehicles at national level may apply for new authorisations for public transport of goods Discretionary public transport authorisations for heavy goods vehicles.

3. They may apply for new authorisations for the discretionary public transport of goods for heavy goods vehicles with a common purpose:

3.1. The natural or legal persons referred to in paragraph 2 of this Article shall be responsible for 75 per 100 of the quota allocated for such authorizations.

3.2. Natural or legal persons who at the date of submission of the application are holders of authorization or authorizations for the discretionary public transport of goods for light vehicles or tractors, which shall be 25 per 100 of the quota allocated for this type of authorization.

4. May apply for new authorisations for the discretionary public transport of goods for local heavy goods vehicles:

4.1. Natural or legal persons within the meaning of paragraph 2 of this Article, who shall be granted all those who apply, in accordance with the conditions laid down in this Order.

4.2. Natural or legal persons who at the date of submission of the application are holders of authorisation or authorisations of public transport of goods for light vehicles or tractors.

5. They may apply for new authorisations for the discretionary public transport of goods for tractor vehicles, any natural or legal person with legal capacity to be obliged, whether or not to hold public transport authorisations. Discretionary goods.

The natural or legal persons within the meaning of paragraph 2 of this Article shall be granted all those who apply, in accordance with the conditions laid down in this Order.

6. They may apply for new authorisations for the discretionary public transport of goods for light vehicles, any natural or legal person, with legal capacity to be obliged, whether or not to hold public transport authorisations. Discretionary goods, to whom all those who apply in compliance with the conditions laid down in this Order will be granted.

No new national authority for light vehicles will be granted, except for the cases provided for in the art. 5. of this Order.

7. The new authorisations provided for in this Article shall be issued only for vehicles with a maximum age of two years for those at national level, five for regional purposes and eight for local areas.

The age shall be computed from the date to date from the initial registration of the vehicle.

8. For the authorizations submitted to the quota, each petitioner may submit, for all the quotas to which, if necessary, he intends to choose, as many applications as authorizations have been resident in the province concerned. If they are persons who do not have any authorisation, they may submit a single application.

9. For each new authorisation for the public transport of goods which is intended to be obtained, a request shall be made to the competent body on the grounds of the place of residence of the vehicle, accompanied by a standard form, in the case of: the authorization is subject to a quota, either from the proof of the lodging of a security in the General Deposit Box or in its provincial offices, or from a legally recognized bank or entity guarantee, in any case for the amount of 100,000 pesetas.

The security or security shall be made available to the competent authority to grant the authorisation. The refusal or granting of the authorisation shall result in the cancellation of the security lodged.

Article 4. The granting of authorisations under the quota by the Ministry of Transport, Tourism and Communications shall be in accordance with the following procedure:

1. If the applications for authorisations for each quota do not exceed the number of those allocated to it, they shall be awarded directly to the applicants. If they are to be left available to the Directorate-General for Land Transport.

2. If the requests exceed the authorizations to be granted, the following calculation is performed:

For individuals or companies that have submitted a number of requests between one and five: One option. For companies that have submitted a number of applications ranging from six to ten: Two options.

For companies that have submitted a number of applications that exceed ten: Two options and one more per ten excess, over the first ten, rounding the figure obtained in a new option for the fraction result.

By making such calculation, the competent authority shall proceed according to the following rules:

2.1. If the number of options exceeds the number of authorisations to be granted, the allocation shall be made by public draw, with the participation of each applicant being the number of applications submitted.

The maximum number of authorizations to be granted in this case to each applicant will be that of previously calculated options. 2.2. If the number of options does not exceed the number of authorizations to be granted, an authorisation shall be directly awarded for each option. The remaining authorisations shall be awarded by public draw, with the participation of each applicant being the number of applications reduced in the number of authorisations already granted.

2.3. The draws shall be held on the first working day following 20 calendar days from the date indicated as the limit for the submission of applications.

3. Petitioners who have obtained authorization or authorizations in a draw shall be required to submit the corresponding documentation within the maximum period of six months, counted from the date of the corresponding notification of not being so shall lose the right to the authorisation or authorisations awarded and their respective sureties.

Those requests that would not have obtained authorization in a draw will participate in the new ones that will be held within the same year, unless the interested parties have expressly desisted and request the cancellation of the guarantee constituted.

4. Once the allocation of authorisations has been carried out, the General Directorate for Land Transport shall be notified of the result of the allocation, indicating the number of authorisations awarded and the corresponding beneficiaries.

After the six-month period laid down in paragraph 3 of this Article, the General Directorate of Land Transport shall also be notified of the name of the beneficiaries who have not exercised their right.

Article 5. The quotas for which the Ministry of Transport, Tourism and Communications are to be issued by the Ministry of Transport, Tourism and Communications shall be excluded from the quotas, which shall be considered as special for the purposes laid down in this Regulation. Order:

1. Those that permanently carry machines or instruments such as those for electrogeners, lifting cranes, survey equipment, cleaning of black wells, etc., constituting such machines or instruments the fundamental use of the vehicle.

2. Aconditioned permanently for garbage.

3. Permanently Conditioned for Armored Transportation of Values.

4. Conditioned permanently for the transport of live cattle.

5. º permanently equipped for concrete concrete.

6. Capitons and special permanently conditioned for moving.

7. Portavehicles, considering as such vehicles whose lightened structures are constituted by rail beams for guides of the tires of the vehicles to be transported, which will be provided with systems of the anchorage of the vehicles which they carry and which at all times ensure their attachment to the carrier.

Also vehicles intended for transport in special chassis of damaged or crashed vehicles and of prototype competitions. Also included are vehicles fitted exclusively as drag cranes, not suitable for the transport of any kind of cargo.

8. No vehicles whose tare or dimensions exceed the limits laid down in the arts. 55, 57 and 58 of the Code of Circulation, without prejudice to the necessary special authorization of movement provided for in the Article. 222 of that Code.

9. Special to the following features:

A. Self-supporting or fixed tanks of characteristics defined in the marginal 10.102 of the TPC Regulation and the ADR agreement. In order for a self-supporting or fixed cistern to be considered included in this article, it must complete the provisions of the TPC and ADR, Appendix B-3 (239,999), with the person concerned presenting a certificate for each vehicle, issued by the Ministry of Industry and Energy.

In view of the fact that the cisterns may require a tractor, authorization may be granted for a tractor, if requested, by the person concerned, with a certificate for each vehicle (tractor and (cistern), issued by the Ministry of Industry and Energy, certifying the suitability of such vehicles to carry the dangerous goods in question.

B. The directed temperature, which shall meet the conditions referred to in the Instrument of Accession of Spain to the Agreement on International Transport of perishable Goods, published in the "Official State Gazette" of 22 November 1976, which shall be justified by the certificate issued by the Ministry of Industry and Energy.

The applicants for special heavy vehicle authorisations referred to in this Article shall be holders of authorisation or authorisations for the discretionary public transport of goods for heavy goods vehicles.

Applicants for light special vehicle authorisations referred to in this Article shall be holders of authorisation or authorisations for the discretionary public transport of goods.

Applicants for vehicle authorisations referred to in paragraph 9, A, and paragraphs 6 and 9, B, of this Article shall be undertakings which duly justify exercising the relevant activity with an age minimum of two and one year, respectively. The conversion or replacement of a non-special vehicle by one of the persons listed in this paragraph is exempted from this requirement.

The vehicles covered by this Article to which an off-quota authorisation is intended must comply with the seniority requirements laid down in Article 7 (7). 3. of this Order.

The vehicles covered by this Article which have the consideration of light vehicles may obtain authorisations at national level, with the exception of trawlers.

The validity of the authorizations granted for such vehicles will be conditional on these vehicles remaining without any alteration of the characteristics that determined their granting, except those motivated by legal provisions. or techniques that are binding.

The authorisations granted for vehicles referred to in this Article shall not be valid for the purpose of applying for any other subject to quota.

When the holder of the authorisations only retains those of the special vehicles obtained outside the quota, he shall lose his right to apply for new authorisations for those under quota, if may obtain new ones of the same class as the preserved ones.

Article 6. The provisions of the foregoing Articles shall not be subject to the quotas which the Ministry of Transport, Tourism and Communications shall set annually for the authorizations to be issued in the following cases: vehicles by their holder to a natural or legal person, in accordance with the provisions of Article 1 (1). 7. of this Order.

2. Transmission of vehicles in accordance with the provisions of Article 2 (2). 7. of this Order.

3. Replacement of one vehicle with another.

4. Modification of tare or load.

5. Change of residence.

6. Voluntary reduction of the scope of the authorisation.

7. Permuse of authorisations of different radius of action between vehicles of the same holder.

The authorizations that are issued in these assumptions will be of the same class and scope as those that they bring cause.

The assumptions 6 and 7 are excepted from the scope of the scope.

Any of the amendments set out in this Article shall be made within the maximum period of three months from the date on which the corresponding authorisation has been discharged, with the exception of: cases of transmission of mortis caused by Article 2 (2) of the Article. 7. º

Article 7. The subjective novation of an authorisation shall inexcusably carry the change of ownership of the vehicle in favour of the new holder, and shall be subject to the following rules:

1. Authorisations for the discretionary public transport of goods for heavy goods vehicles may be transmitted to natural or legal persons holding authorisations for the discretionary public transport of goods for heavy goods vehicles.

Discretionary public transport authorisations of goods for tractors may be transmitted to natural or legal persons holding authorisations for the discretionary public transport of goods for Heavy vehicles or tractors.

Discretionary public transport authorisations of goods for light vehicles may be transmitted to persons meeting the requirements set out in Article 6 (6). 3. of this Order.

2. Authorisations for the discretionary public transport of goods for heavy goods vehicles and tractors may be transmitted to any natural or legal person, with legal capacity to be obliged, in the following cases:

2.1. Inter-living transmission, provided that the transferor transmits all the authorisations to which he is a holder, renouncing his status as a carrier.

In this case, it will be an essential requirement that all authorizations be transmitted to a single holder, so that no increase in the number of transport companies will occur.

2.2. Transmission mortis causes, having right in this case to the transmission the heirs.

Companies holding authorisations for public transport of goods which transmit authorisations subject to quota may not apply for new authorisations subject to quota within two years, counted from the last transmission.

Article 8. The objective novation of a vehicle replacement authorisation shall require the replacement to be registered at a later date.

In the case of the replacement of a rigid vehicle for the discretionary public transport of goods by another tractor compound and semi-trailer, where the Directorate-General for Traffic requires independent registration, grant, where appropriate, an authorisation for the tractor and another for the semi-trailer of the same area as the replacement vehicle, out of any quota. In this case, both the tractor and the semi-trailer shall not be required to meet the seniority requirements laid down in Article 7 (7). 3. of this Order.

A special vehicle which has been granted an off-quota authorisation by a non-special vehicle shall not be replaced.

Also in no case will the replacement of a light vehicle by another that has the consideration of a heavy vehicle or tractor.

Article 9. The modification of tare or load may be carried out in compliance with the following rule:

Light vehicles may not make modifications which increase either their authorised maximum weight or their payload capacity above the tonnages set out in Article 1 (1). 2. º

Article 10. The rehabilitation of expired authorisations for lack of annual visa shall be granted by the competent body for the issue of such authorisations when requested within one year, starting from the expiry of the normal visa period and justified In a satisfactory manner the causes which prevented it from being seen in time.

When the rehabilitation of transport authorizations is requested after the time limit set in the previous paragraph without the authorization having been down for more than three years, it shall be settled under the art. 13 of this Order.

Article 11. All authorisations for the discretionary public transport of goods of any kind and scope shall be issued annually to the body responsible for granting them within the time limits set for that purpose.

Article 12. For the purpose of carrying out the activity of public discretionary transport of goods, as referred to in this Order, it shall be necessary for all vehicles to have the movement permit and the transport authorisation to which they are attached. on behalf of the same holder, as well as the certificate of Technical Inspection of Vehicles (ITV) in force.

Article 13. The Directorate-General for Land Transport is empowered to interpret any doubts as to the application of this Order, to issue the precise instructions for its implementation and to resolve the exceptional cases not covered by it. May request a report from the corresponding Advisory Board.

Article 14. This Ministerial Order shall enter into force on 1 January 1984.

Additional disposition.

As long as the Ministry of Transport, Tourism and Communications does not establish, by means of the corresponding quotas, the number of new authorizations that can be granted annually will not be granted new authorisation for the discretionary public transport of goods of the types subject to quotas included in the Article. 3. of this Order.

Repeal provision.

As many provisions of the same or lower rank are repealed, they oppose the provisions of this Order.

Madrid, December 23, 1983. Barón Crespo.