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Royal Decree 667/2015, 17 July, Amending The General Regulation Of Circulation, Approved By The Royal Decree 1428 / 2003, 21 November, In What Refers To Approved Child Restraint Systems And Safety Belts.

Original Language Title: Real Decreto 667/2015, de 17 de julio, por el que se modifica el Reglamento General de Circulación, aprobado por el Real Decreto 1428/2003, de 21 de noviembre, en lo que se refiere a cinturones de seguridad y sistemas de retención infantil homologados.

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TEXT

Commission Implementing Directive 2014 /37/EU of 27 February 2014 has amended Council Directive 91 /671/EEC on the compulsory use of safety belts and restraint devices for children in the European Union. vehicles.

This reform responds, on the one hand, to the desirability of including in the Community standard a reference to the fact that all child restraint devices used on board vehicles must be approved, or in accordance with the rules of UN/ECE Regulation 44/03, which was only in force until then, or with the rules of UN/ECE Regulation 129, which entered into force on 9 July 2013, as introduced by the Commission's implementing Directive 2014 /37/EU, February 27, 2014, in which the latest technical improvements to be met are collected. devices, a provision that has already been applied as it has been incorporated into our system through the regulations of industry that regulate this matter.

Secondly, with the amendment of the above directive, it is a matter of including an accuracy with regard to child restraint devices, in order to require that their use be made in accordance with the instructions provided by the provided by the manufacturer through a manual, brochure or electronic publication, where it will be indicated how and in what type of vehicles can be safely used. This forecast is due to the fact that child restraint devices are currently on the market, which must be installed in the direction of the march and others which have to be made available to the contrary, which is why it is not possible to establish a Single regulation for all of them, so that, in order to ensure the correct and safe installation of all of them, it is necessary to establish that it must be carried out in accordance with the manufacturer's instructions.

In our order, the rules on the use of child restraint devices are set out in Article 117 (safety net or other approved restraint systems) of the General Circulation Regulation for the application and development of the text of the Law on Traffic, Circulation of Vehicles to Motor and Road Safety, approved by the Royal Legislative Decree 339/1990 of 2 March, approved by Royal Decree 1428/2003 of 21 November. It is therefore necessary to amend Article 117 of the General Rules of Circulation in order to incorporate the provisions of the said Community standard into our internal order.

It has also been used to incorporate in this article other changes aimed at increasing the safety and protection of minors according to their height and the seat they occupy in the vehicle, in order to reduce the the severity of the injuries that could be sustained in the event of an accident. In particular, the protection of children under 18 years of height equal to or less than 135 centimetres when travelling in a vehicle of up to nine places including the driver, is reinforced by establishing the obligation for the seats to be occupied rear, admitting as only exceptions that the vehicle does not have rear seats, they are already occupied by minors under their same conditions, or the installation on the rear seats of all the systems of the system is not possible. retention. Only in such exceptional circumstances shall these minors be able to occupy the front seat of the vehicle and must use, in any case, an approved restraint system adapted to their size and weight.

The objective of these changes is to impose as a priority the lower that does not reach that height always occupy the rear seat of the vehicle, in which the possibility of suffering injuries in case of accident is considerably less When occupying the front seats, preventing minors from being able to occupy the front seat even when the rear seats are not occupied.

However, it should be noted that the changes to Article 117 of the General Circulation Regulation do not affect Article 119 of the regulatory text itself, which relates the exemptions to the obligations laid down in that Regulation. as regards the use of belts or other approved restraint systems, including those referred to taxis when travelling in urban traffic or urban areas of large cities, which are permitted to be transported to persons whose height does not reach 135 centimetres without using an approved holding device adapted to its size and weight, provided they occupy a rear seat.

The wording of the precept has also been simplified, in order to provide greater clarity to avoid the doubts that its interpretation has raised in recent years.

Finally, the number 4. of paragraph (A), on ordinary registration, of Annex XIII "Matriculation", of the General Regulation of Vehicles, approved by Royal Decree 2822/1998 of 23 December 1998, is amended to establish the obligation of the electronic transmission of the type B technical inspection cards in the case of vehicles of categories M or N and type BL.

In this way, the current option of issuing such cards on paper or in electronic support is eliminated for these cases, resulting in a reduction of administrative burdens for manufacturers and importers of these classes. vehicles, in line with the set of measures that the General Administration of the State is adopting with this objective.

In addition, its wording is adapted to the applicable customs legislation, as regards the document proving the importation of the vehicles, to replace the references to the Certificate for the Matriculation of Vehicles to Motor and to the Certificate of Adeudo, by the Single Administrative Document (DUA).

This standard has been reported by the High Council for Traffic, Road Safety and Sustainable Mobility, in accordance with the provisions of Article 8.2.d) of the text of the Law on Traffic, Vehicle Circulation Motor and Road Safety.

This royal decree is issued under the enabling provision in the final provision of the text of the Law on Traffic, Motor Vehicle Circulation and Road Safety.

In its virtue, on the proposal of the Ministers of Interior, Defense, Development and Industry, Energy and Tourism, with the prior approval of the Minister of Finance and Public Administration, according to the State Council and after deliberation by the Council of Ministers at its meeting on 17 July 2015,

DISPONGO:

Single item. Amendment of the General Rules of Circulation, approved by Royal Decree 1428/2003 of 21 November, with regard to safety belts and approved child restraint systems.

Article 117 of the General Rules of Circulation, approved by Royal Decree 1428/2003 of 21 November, is worded as follows:

" Article 117. Safety belts and approved child restraint systems.

1. The driver and the occupants of the vehicles shall be obliged to use, duly fastened, the approved safety belts, both in urban and inter-urban traffic. This obligation, as far as safety belts are concerned, shall not be required for vehicles which do not have them installed.

In any case, children of height equal to or less than 135 centimeters shall use child restraint systems and be placed in the vehicle in accordance with the provisions of the following paragraphs.

2. In vehicles of more than nine seats, including the driver, passengers shall be informed of the obligation to wear safety belts or other child restraint systems approved by the driver, by the guide or by the driver. a person in charge of the group, through audiovisual means or by means of signs or pictograms, in accordance with the model set out in Annex IV, placed in visible places of each seat.

In these vehicles, the occupants referred to in the second subparagraph of paragraph 1 of three or more years shall use approved child restraint systems duly adapted to their size and weight. When these systems are not available, they shall use the safety belts, provided that they are suitable for their size and weight.

3. For vehicles of up to nine seats, including the driver, the occupants referred to in the second subparagraph of paragraph 1 shall use approved child restraint systems which are appropriately adapted to their size and weight.

The occupants must be in the rear seats. Exceptionally, they may occupy the front seat, provided that they use approved child restraint systems appropriately adapted to their size and weight, in the following cases:

1. º When the vehicle does not have rear seats.

2. º When all rear seats are already occupied by the minors referred to in the second subparagraph of paragraph 1.

3. When it is not possible to install all child restraint systems in such seats.

In case the front seats are occupied and the vehicle has a front airbag, only rear-facing restraint systems may be used if the airbag has been deactivated.

4. Child restraint systems shall be fitted to the vehicle in accordance with the instructions provided by the manufacturer through a manual, prospectus or electronic publication. The instructions will indicate how and in what type of vehicles you can safely use.

5. The lack of installation and the non-use of the safety belts and other approved child restraint systems shall be considered to be serious or very serious, in accordance with the provisions of Article 65 (4) (h) and (5)), respectively, of the articulated text. "

Single repeal provision. Regulatory repeal.

All provisions of equal or lower rank are repealed to be opposed to what was established in this royal decree.

Final disposition first. Amendment of the General Regulation of Vehicles, approved by Royal Decree 2822/1998 of 23 December 1998.

The number 4. of paragraph A) "Ordinary Matriculation", of Annex XIII "Matriculation", of the General Regulation of Vehicles, approved by Royal Decree 2822/1998, of 23 December, is worded as follows:

" 4. A technical inspection card that may be issued on paper or in electronic support. However, the technical inspection cards type B for vehicles of category M or N, and type BL, shall be issued in an electronic form.

If the vehicle is an import vehicle, the single administrative document (DUA) or alternative document shall be submitted, in the event of a State party to the EEA Agreement other than Spain, except on the technical inspection card Record the import diligence. "

Final disposition second. Competence title.

This royal decree is issued under the exclusive competence attributed to the State on the traffic and movement of motor vehicles by Article 149.1.21. of the Spanish Constitution.

Final disposition third. Incorporation of Community law.

This rule incorporates into Spanish law Commission Implementing Directive 2014 /37/EU of 27 February 2014 amending Council Directive 91 /671/EEC on the compulsory use of belts of the safety and restraint devices for children in vehicles.

Final disposition fourth. Entry into force.

1. This royal decree will enter into force on October 1, 2015.

2. However, the provisions of the first provision, in particular in the last subparagraph of the first paragraph of the 4th subparagraph, on the obligation to issue technical inspection cards in electronic form, shall enter into force in the following cases: dates:

(a) 11 November 2015, for the type B technical inspection cards of vehicles of category M or N.

b) May 11, 2016, for the BL-type technical inspection cards.

Given in Madrid, on July 17, 2015.

FELIPE R.

The Vice President of the Government and Minister of the Presidency,

SORAYA SAENZ DE SANTAMARIA ANTON