Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8047
The directive of execution 2014 / 37 / EU of the Commission, of 27 of February of 2014, has modified the Directive 91 / 671 / EEC of the Council, relative to the use compulsory of belts of safety and devices of retention for children in them vehicles.
This reform responds, on the one hand, to it convenience of include in it standard community a reference to all them devices of retention for children that is used aboard of them vehicles must be approved, well in accordance with the standards of the Regulation ECE / UN 44 / 03, only existing until then, or with them standards of the Regulation ECE / UN 129 , that entered in force the 9 of July of 2013, introduced by the cited directive of execution 2014 / 37 / EU of the Commission, of 27 of February of 2014, in which is collected them latest improvements technical that must meet those devices, available that already is comes applying to the have is built-in to our ordering through the normative of industry that regulates this matter.
Secondly, with the modification of the directive is include a precision with respect to child restraint devices, to demand that their use is made in accordance with the instructions that the manufacturer has provided through a manual, brochure or electronic publication, indicate how and what kind of vehicles can be used safely. This forecast is must to currently coexist in the market devices of retention child that must install is in the sense of it March and others that have of have is in sense contrary, reason by which not is possible establish a regulation only for all them, so, to ensure a correct and safe installation of all them, is precise establish that this must perform is following them instructions of the manufacturer.
In our legal system, rules on the use of child restraint devices are included in article 117 (safety belts or other restraint systems approved) of the General Regulation of circulation for the implementation and development of the articulated text of the law on traffic, circulation of vehicles Motor-road safety, approved by the Royal Decree legislative 339/1990 , March 2, approved by the Royal Decree 1428 / 2003, of 21 November. Accordingly is necessary to modify the article 117 of the regulation General of circulation, to the object of incorporate to our ordering internal them forecasts of the cited standard community.
It has also taken advantage to incorporate other oriented changes to increase the safety and protection of minors according to their height and seat they occupy in the vehicle, in order to reduce the severity of injuries suffered in an accident in this article. In concrete reinforcing the protection of children eighteen years of stature equal to or less than 135 centimeters when travelling in a vehicle of up to nine seats including the driver, to establish the requirement that occupy the backseat, admitting as exceptions that the vehicle does not have rear seats, these are already occupied by children in their same conditions , or not be possible the installation in them seats rear of all the systems of retention. Only in these exceptional circumstances these children may occupy the front seat of the vehicle and must use an approved restraint system adapted to their size and weight in any case.
He objective of these changes is impose as priority that the less that not scope that stature occupy always the seat rear of the vehicle, in which the possibility of suffer injuries in case of accident is considerably lower that to the occupy them seats front, avoiding that them minor can occupy the seat front even when them seats rear not are occupied.
However, fits noted that them changes included in the article 117 of the regulation General of circulation not affect to the article 119 of the own text regulatory, that relates them exemptions to the obligations planned in that as regards the use of belts u others systems of retention approved, between which is collected them referred to them taxis when circulate in traffic urban or areas urban of large cities He is permitted to transport people whose stature does not reach the 135 cm without the use of an approved retention device adapted to their size and weight, provided that they take a back seat.
Also the wording of the rule, has been simplified in order to provide greater clarity that avoids any doubts that your interpretation has given rise in recent years.
Finally, the 4th paragraph number is changed), on ordinary enrolment, of the annex XIII «Registration», of the General vehicle regulations, approved by the Royal Decree 2822 / 1998 of 23 December, in order to establish mandatory emission in the electronic support of technical inspection type B in the case of vehicles of categories M or N and type BL.
Of this way is eliminates for those cases the option current of issue those cards in support role or in support electronic, what supposed a reduction of loads administrative for them manufacturers e importers of of these classes of vehicles, in line with the set of measures that the Administration General of the State comes adopting with this objective.
In addition, fits the wording customs laws, in what refers to proof of the importation of vehicles, to replace references to the certificate for registration of vehicle engine and the certificate of indebtedness, by the single administrative document (DUA).
This standard has been informed by the Superior Council for transport, road safety and sustainable mobility, in accordance with the provisions of article 8.2. d) articulated text of the law on traffic, circulation of vehicles engine and road safety.
This real Decree is dictates to the amparo of the habilitation planned in the disposal end first of the text articulated of the law on traffic, circulation of vehicles to Motor and security road.
By virtue, on the proposal of the Ministers of the Interior, of Defense, development and industry, energy and tourism, with the prior approval of the Minister of finance and public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of July 17, 2015, HAVE: single article. Modification of the General traffic regulations, approved by the Royal Decree 1428 / 2003, 21 November, in what refers to approved child restraint systems and safety belts.
Article 117 of the General traffic regulations, approved by the Royal Decree 1428 / 2003, of 21 November, is worded as follows: «article 117. Safety belts and child-restraint systems approved.
1. the driver and occupants of the vehicles will be required to use properly buckled, approved safety belts, both in circulation for urban routes as long distance. This obligation, in what refers to safety belts, shall not be enforceable in those vehicles that do not have them installed.
In any case, children of stature equal to or less than 135 cm must use child restraint systems and placed in the vehicle in accordance with the provisions of the following paragraphs.
2. in vehicles more than nine seats, including the driver, it will inform passengers of the obligation to keep fastened safety belts or other child restraint systems approved, by the driver, the guide or the person in charge of the group, through media or by signs or glyphs, in accordance with the specimen in annex IV , placed in places visible from every seat.
In these vehicles, occupants referred to in the second subparagraph of paragraph 1 of three years or more must use approved child restraint systems properly adapted to their size and weight. When these systems are not available they will use safety belts, provided that they are appropriate to their size and weight.
3. in vehicles of up to nine seats, including the driver, occupant referred to in the second subparagraph of paragraph 1 must use approved child restraint systems properly adapted to their size and weight.
Such occupants must place is in those seats rear. Exceptionally may occupy the front seat, provided that they use approved child restraint systems properly adapted to their size and weight, in the following cases: 1 when the vehicle does not have rear seats.
2nd when all those seats rear are already occupied by them under that is concerns the paragraph second of the paragraph 1.
3rd when it is not possible to install all child restraint systems in these seats.
When they occupy the front seats and the vehicle has front airbags, they may only use restraint systems facing rearward if the airbag has been deactivated.
4 child restraint systems will be installed in the vehicle always instructed its manufacturer provided through a manual, brochure or electronic publication. The instructions will indicate how and what kind of vehicles can be used safely.
«((5. the lack of installation and it not use of them belts of safety and others systems of retention child approved will have the consideration of violation serious or very serious, according to it established in the article 65, paragraphs 4.h) and 5.ll), respectively, of the text articulated.»
Provision repealing only. Repeal legislation.
Many provisions of equal or lower rank to oppose provisions of this Royal Decree are repealed.
First final provision. Modification of the General vehicle regulations, approved by the Royal Decree 2822 / 1998 of 23 December.
Number 4th paragraph A) «ordinary registration', of annex XIII «Registration», of the General vehicle regulations, approved by the Royal Decree 2822 / 1998 of 23 December, is drawn up in the following way: «4th technical inspection which may be issued on paper or in electronic form. However it earlier, the cards of inspection technical type B for vehicles of category M or N, and type BL, shall be issued of form mandatory in support electronic.
If the vehicle is imported, will be presented the single administrative document (SAD) or alternative document, in case of conduct of a State part of the EEA Agreement other than Spain, except that on the technical inspection card stating the diligence of import."
Second final provision. Skill-related title.
This Royal Decree is dictates to the amparo of the competition exclusive attributed to the State on traffic and circulation of vehicles to motor by the article 149.1.21. ª of the Constitution Spanish.
Third final provision. Incorporation of law community.
By this rule the execution policy joins the Spanish right 2014/37/EU Commission on February 27, 2014, amending Directive 91/671/EEC of the Council, relating to the compulsory use of safety belts and child in vehicle restraint devices.
Available to finish fourth. Entry in force.
1. this item Royal Decree will come into force from October 1, 2015.
2 However, the provisions of the first final provision, notably in the last subparagraph of the first paragraph of the number 4th, on obligation of issuing electronic technical inspection cards, shall enter into force on the following dates: to) November 11, 2015, for cards of technical inspection type B for vehicles of category M or N.
(b) 11 de mayo of 2016, for the cards of inspection technical type BL.
Given in Madrid on 17 July 2015.
The Vice-President of the Government and Minister of the Presidency, SORAYA SAENZ DE SANTAMARIA ANTON
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