Resolution Of 9 April 2015, Of The General Directorate Of Traffic, Which Creates And Regulates The Registration Of Powers Of Attorney, Inheritance And Legal Representations Of The Central Headquarters Of Traffic.

Original Language Title: Resolución de 9 de abril de 2015, de la Dirección General de Tráfico, por la que se crea y regula el Registro de apoderamientos, de sucesiones y de representaciones legales de la Jefatura Central de Tráfico.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-4094

Law 11/2007, of 22 June, electronic access of citizens to public services, recognizes the right of citizens to interact with public administrations by electronic means and the correlative obligation of these provide the means and electronic systems so that this right can be exercised by all citizens, regardless of their personal circumstances media and knowledge. To give effect to this right has the existence of different instruments, such as the electronic venues, electronic records and communications and electronic notifications.

Through the Real Decree 1671 / 2009, of 6 of November, is develops partially the mentioned law for the Administration General of the State and them organisms public linked or dependent of the same, and regulates with detail, among others issues, them materials cited.

In the framework of these forecasts normative, is have dictated various provisions to implement, in the field of it headquarters Central of traffic, such instruments of relationship of them citizens. First, is the law 18/2009 of 23 November, amending the text articulated traffic, circulation of vehicles Motor-Road Safety Act, approved by Royal Decree legislative 339/1990, of 2 March, in sanctioning matter that in article 59 bis creates the electronic road (DEV), virtual address for the practice of notifications It is mandatory for legal persons and voluntary for individuals.

Secondly, should mention the resolution of March 11, 2010, of the General Directorate of traffic, which created the headquarters electronic agency autonomous headquarters Central's traffic, the resolution of June 23, 2010, of the General Directorate of traffic, which creates and regulates the electronic register at the Central Headquarters of traffic and the order INT/3022/2010 23 November, which regulates the Edictal traffic sanctions noticeboard (TESTRA).

The aforementioned Royal Decree 1671 / 2009, dated November 6, establishes in its article 15 the existence of an electronic register of powers of attorney to respond electronically to the General Administration of the State and its dependent public organizations or linked, in which it may be recorded representations interested parties granted to third parties to act on their behalf in electronic form. In its paragraph 2 contemplates the possibility that there are others of more limited scope.

On the other hand, the report of the Commission for the reform of public administrations (CORA), reveals the need that the extension of electronic administration is carried out on the basis of the needs of the users of the services, and in the area of the road e address (DEV) large fleets of vehicles and, in general , other legal persons, have been long demanding a platform of electronic display that allows the receipt of notifications and the subsequent presentation of writings. In this sense, the implementation of this record already focuses on further integration into a single electronic record, premise that the cited report CORA.

This forecast must relate is with it willing in the article 32 of the law 30 / 1992, of 26 of November, of regime legal of the administrations public and of the procedure administrative common, in whose virtue them interested with capacity of Act can act by means of representative before them administrations public, establishing, also, that for engage resources, desist of actions and give to rights representation must be accredited by any means accepted in law that allow reliable evidence, or by personal appearance of the person concerned.

Recognized the right of citizens to act before the administration by electronic means, is to articulate the channels by which, equally, such action can be carried out by a third party designated by the person concerned.

On the other hand, it is necessary to provide for the possibility to register of powers of Attorney other types of representations other than the volunteers. Deceased persons, minors or the disabled, and legal persons or entities without legal personality which are extinct lack capacity to act for themselves and need a successor or legal representative acting on his behalf before the administration. By this, also is should allow its registration in the cited register.

To this effect, this resolution creates and regulates the registration of powers of Attorney, inheritance and legal representations to the realization of procedures and actions, not only by electronic means but also in person, in the area of the Central Headquarters of traffic. To such end, is sets its field subjective and objective and the regime legal to is submits it representation for the performance by means electronic and of form face-to-face before them organs of the headquarters Central of traffic.

This resolution has been informed favorably by the Ministerial Committee on electronic administration of the Ministry of the Interior, in accordance with article 2.n) order INT/2605/2012, December 4, which regulates the composition and functions of the aforementioned College.

Also, has been informed by the Spanish Agency of data protection, as determined by article 5.b) of the Statute of the Agency, approved by Royal Decree 428/1993 of 26 March.

By virtue, with the prior approval of the Minister of finance and public administration, have: article 1. Object and scope of application.

1. this resolution aims to the creation and control of powers of Attorney, inheritance and legal representations of the autonomous body Central Headquarters of traffic, hereinafter, the registry.

2. is may inscribiren this record them powers of Attorney that is grant voluntarily for the realization, by media electronic or of form face-to-face, of them procedures and performances that is related in the annex of this resolution, before them bodies of the headquarters Central of traffic.

In the Register also the inheritance and legal representations may register in accordance with what is established in article 9, to carry out the procedures and actions provided for in the preceding paragraph, through the means indicated in the same.

3. the registry does not have a public, will be unique for all the bodies including in its scope and accessible electronic based in the Central Headquarters of traffic and through provincial and local headquarters and local offices of the General Directorate of traffic.

4. the registration regulated in the present resolution does not participate in the legal nature of electronic records to which refers article 24 of law 11/2007, of 22 June, electronic access of citizens to public services.

Article 2. Competent bodies.

1. the General Sub-Directorate of analysis and statistical monitoring of the General Directorate of traffic is responsible for the management of the registry, as well as for the approval of the forms that are accurate for its proper management. Forms will be available in the electronic office traffic Central Headquarters and through provincial and local headquarters and local offices of the General Directorate of traffic.

2. the aforementioned Sub-Directorate Generalgarantizara availability and accessibility of the register, the identification of interested parties through electronic signature systems supported in the electronic site of the Central Headquarters of traffic in accordance with the provisions of articles 14, 15 and 16 of law 11/2007, of 22 June, citizens electronic access to public services the built-in data integrity and the generation of electronic evidence that will allow the confirmation of the date and time of access and relevant actions for the incorporation of such data.

Article 3. Subject mandators and proxies.

1 may confer empowerment natural persons, legal persons and entities without legal personality having consideration of subjects interested in relationship with the procedures and actions of the annex.

2. in each category or procedure is determined if the seizure is can grant in favor of an or of several people physical or legal.

3. the entities without personality legal will be represented by them people that have attributed their representation, legal or bylaws, which may, to his time, seize to an or several people physical or legal according to is determine in each category or pending, when is are empowered for this.

4. the subject principal shall have power of action in relation to the procedures and categories which have been granted voluntary seizure.

Article 4. Categories, procedures and actions.

1. in the electronic site of the Central Headquarters of traffic will remain a public relation of the categories, procedures and actions which, in accordance with the annex, may be subject to seizure. The powers of Attorney added to the registry only take effect with respect to procedures or actions included in the aforementioned relationship, to which it relates expressly granted power.


2. the power may be granted for one or more specific procedures or to one or more categories encompassing certain procedures and proceedings, as set out in the annex. Given the power for a category, this shall take effect with respect to all proceedings and actions included in this category.

Article 5. Incorporation of seizure to the registry.

1 will be incorporated into the register the accredited powers of Attorney of any of the following ways: to) can be awarded for via telematics through enabled service in the electronic site of the Central Headquarters of traffic, through the use of electronic signature systems supported in this forum and using the form available at the same.

b) power granted by personal appearance of the grantor on the corresponding organ of the Central Headquarters of traffic, using the available in its electronic form. The form must include the signature of the person giving the authorisation and identification and signature of the official before which to appear, which must be authorized to register in the register the powers of attorney.

If the person giving the authorisation is a legal person or entity without legal personality, the appearing party must demonstrate that it is the legal representative of the entity or that it holds enough power to grant the powers of Attorney in question.

(c) power awarded through document public or document private with signature notary entitled whose content is adjustment to the of the form available in the headquarters electronic of the headquarters Central of traffic, presented before the corresponding organ of this organism autonomous.

2 where is warn defects in the granting of the power will be communicated to the interested party to, within a period of ten days, it rectified the lack or provide the necessary documents, indicating that, if not, shall be you withdrawn your request, previous ruling to the effect.

3. in them powers of attorney granted of form electronic, the application computer only will allow the incorporation to the registration of those powers of Attorney that contain all them data requested in the form available in the headquarters electronic of the headquarters Central of traffic. In cases in which technical anomalies in the data in the form of granting of power transmission is detected, this circumstance will get knowledge of the principal by the system, by means of the corresponding error messages, so that you can make a new application.

4. in the event of power provided via telematics, the addition of power to the registry shall be carried out in an automated manner.

In them cases of power awarded through appearance personal of the command or through document public or private with signature notary entitled, the incorporation of the power to the record is shall be in a term not upper to two days working from it presentation of it request or, in its case, aretraveling troubleshooting of them defects warned.

5. the powers of Attorney referred to in this resolution shall have the effect it provided from the date of its incorporation into the registry.

Article 6. Registration of power for the reception telematics of notifications.

1. in the case of granting of power to the electronic receipt of notifications, it is necessary that the grantor has assigned a Vial electronic address (DEV). The addition of the power to the registry, as well as compliance with the requirements referred to in the previous article, will require acceptance of the proxy.

In the powers of attorney granted by electronic means, its acceptance will require the use by the assignee of any of the electronic signature systems admitted to the electronics of the Central Headquarters of traffic headquarters, unless granted power be incorporated into the register, and therefore have the same effects until record, via telematics, the acceptance of seizure.

When the power has been granted by appearance personal of the grantor, granting and acceptance is produced in unit of Act. Seizure granted by public or private notary entitled signature document, the acceptance shall be included in the document itself. Both in a case as in another, the seizure only shall take effect a time built-in to the record the granting and the acceptance.

2. Since the power to take effects, all notifications to which it refers will be carried out with the proxy through electronic means in the Vial electronic address (DEV). Without limiting the foregoing, the grantor may also access these notifications through the above e-mail address, and when you exercise this right, the Central Headquarters of traffic shall inform the Attorney.

Article 7. Reversal of power.

1. the grantor may revoke at any time the power granted. (The reversal may make is: to) by media electronic, through the use of any of them systems of signature electronic admitted in the headquarters electronic of the headquarters Central of traffic, using the form available in this headquarters. In these cases, the computer application will lower automatically power.

(b) by personal appearance of the grantor to the corresponding authority of the Central Headquarters of traffic, using the available in its electronic form. The form must include the signature of the principal revoking the power as well as the identification and signature of the authorized official that appear. The latter shall, in that moment, empower low to the registry.

(c) through document public or private document with signature notarized legitimated, using the form available on the electronic site of the Central Headquarters of Trafico.recibida communication of the revocation, the authorized officer shall then empower low to the registry.

2. the reversal of them powers of Attorney registered only shall take effects from its incorporation to the register. The headquarters Central of traffic shall communicate to the proxy the revocation of the power that you granted the command.

Article 8. It renounces the seizure.

1. the agent may resign at any time seizure. The waiver may be carried out: to) by electronic means, through the use of any of the supported electronic signature systems electronic based in the Central Headquarters of traffic, using the form available on this site. In these cases, the computer application will lower automatically power.

(b) by personal appearance of the agent to the corresponding authority of the Central Headquarters of traffic, using the available in its electronic form. The form must include the signature of the agent who renounces the power as well as the identification and signature of the authorized official that appear. The latter shall, in that moment, empower low to the registry.

(c) via public document or private document signed by a notary entitled, using the form available on the electronic site of the Central Headquarters of traffic. Receipt of the communication of the resignation, official shall then give low power to the registry.

2. the waiver will only have effects since joining the registry. The Central Headquarters of traffic shall inform the grantor the resignation of the Attorney.

Article 9. Addition to the registration of the inheritance and legal representations.

You can register 1: to) the succession of natural persons deceased b) the succession of legal persons extinguished c) succession of extinct entities without legal personality d) legal representation of minors of age, with disabled persons.

2. the incorporation of the succession and legal representation to the registry will require that the successor or legal representative to complete the form available on the electronic site of the Central Headquarters of traffic, which must include the signature of the successor or legal representative, as well as the identification and signature of the official who will be authorized to give such a high register.

In addition, the successor or legal representative, respectively, will provide proving death and succession of the physical person, extinction and succession of the legal person or entity devoid of legal personality, or documents proving the legal representation of the minor of age or the disabled.

3. in the event that is warn defects u omissions in them documents contributed, is communicated to the interested so, in a term of ten days, remedy the lack or contribution them documents necessary, with the indication of that, if so not it did, is you will have by withdrawn of his request, prior resolution dictated to the effect.

4. the incorporation of it succession and of it representation legal to the record is shall be in a term not upper to two days working from it presentation of it application and documentation indicated or, in your case, from it correction of them defects observed.

5. the succession and it representation legal shall have effects from the date of its incorporation to the record and will affect to all them categories, procedures and performances covered in it relationship public that, in accordance with the annex, figure in the headquarters electronic of it headquarters Central of traffic.

The successor or the representative legal will receive the notifications by means electronic if has assigned a direction electronic road (DEV).


6. the successor or legal representative may request at any time your unsubscribe from registry using the form available on the electronic site of the Central Headquarters of traffic. The form must include the signature of the successor or legal representative, as well as the identification and signature of the authorized official. The latter shall, in that moment, to the successor or legal representative of the de-registration.

Article 10. Contents of the log.

The register shall include the following data: 1. powers of Attorney: to) name, denomination or company name and tax ID or equivalent document of the grantor.

(b) name, denomination or company name and tax ID or equivalent document of the legal representative.

(c) the agent contact details: phone or email.

(d) number of reference of the high and date of high in the record.

(e) categories, procedures and actions object of the power.

(f) period of validity of the power.

The validity of the power may be for a limited period or indefinite.

2 inheritance and legal representations: to) name, denomination or company name and tax ID or document equivalent of the deceased natural person, legal person or entity without juridical personality, extinct, or minor or disabled.

(b) name and surname, name or reason social and NIF or document equivalent of the successor or of the representative legal.

(c) the successor or legal representative contact details: phone or email.

(d) number of reference of the high and date of high in the record.

Article 11. Consult the register and certificates.

Concerned, by using any of the supported electronic signature systems electronic based in the Central Headquarters of traffic or in provincial and local headquarters and local offices of the General Directorate of traffic, may be consulted at the registry registration, content and validity of the power or powers in appearing as principal or agent as well as registration and content of the inheritance and legal representations on which despatch successor or legal representative. Also, may obtain certificates of them powers of Attorney, inheritance and representations legal registered in the registration.

Article 12. Protection of personal data.

With the purpose of give compliance to it willing in the article 6 of it law organic 15 / 1999, of 13 of December, of protection of data of character Personal, and in their standards of development, when the principal, proxy, successor or representative legal are people physical, must consist its consent for the treatment automated of their data that is necessary for the proper operation of the record. This consent will leave a except the exercise of rights of access, rectification and cancellation set out in the above-mentioned organic law.

First additional provision. Joining the register of powers of Attorney, inheritance and legal representations of the Central Headquarters of traffic.

1. the municipalities, in the exercise of powers which are assigned in terms of traffic and circulation of motor vehicles, will adhere to the register of powers of Attorney, inheritance and legal representations of the Central Headquarters of traffic.

2. the accession is prompted to it headquarters Central of traffic and is means granted if pass fifteen days working from it presentation of it application without this body autonomous has manifested of form express its opposition to the same.

3. it use from them municipalities of it address electronic road (DEV) assigned by the address general traffic to make notifications, will involve its accession to the register of powers of Attorney, of successions and of representations legal.

Second additional provision. Coordination of registration of powers of Attorney, inheritance and legal representations of the Central Headquarters of traffic with data mediation platform.

1 pursuant to article 6 of law 11/2007, of 22 June, electronic access of citizens to public services, citizens who register their representations in person in the register of powers of Attorney, inheritance and legal representations, shall have the right to not provide data and required documents held by public authorities.

2. the register of powers of Attorney, inheritance and legal representations will be coordinated with the platform for intermediation of data of the Ministry of finance and public administration in the scope set out in article 3 of the RealDecreto 4/2010, of January 8, which regulates the national interoperability scheme in the field of eGovernment, for the on-line verification of the particulars and documents required citizens gathered in the present resolution, and provided that they are at the disposal of the various ministerial departments in this platform.

3. with prior to the verification of documents and data, it shall seek the consent of the person concerned, and will reflect the response obtained in the field of the relevant file.

Third additional provision. Accession of the Central Headquarters of traffic to the electronic register of powers of Attorney from the Ministry of finance and public administration.

The Central Headquarters of traffic will adhere to the electronic register of powers of Attorney regulated by the order of HAP/1637/2012, of 5 July, for the registration of their procedures, through the publication in the "Official Gazette" of the corresponding resolution, while at all times coordinated the powers of Attorney, inheritance and legal representations registration information with the electronic register of powers of attorney.

Fourth additional provision. Enabling for the representation of third parties.

1. in accordance with the provisions of articles 13 and 14 of the Royal Decree 1671 / 2009, dated November 6, whereby the law 11/2007, of 22 June, electronic access of citizens to public services, the Central Headquarters of traffic is partially developed will enable certain entities, through the signing of the corresponding agreement to carry out on behalf of third parties, procedures and actions that you specify, in which case shall apply provisions of the Convention and, on a suppletive basis, the provisions of this resolution.

2 when concerned entities performing procedures and actions on behalf of third parties unless it has signed an agreement with the Central Headquarters of traffic, the regime of representation shall comply with provisions of this resolution.

Fifth additional provision. No increase in staff costs.

The registry created by this resolution it will assist with the personal media existing in the Central Headquarters of traffic and may not generate increased costs of staff at the service of the administration.

Sixth additional provision. Publication in electronic office.

This resolution will be published in the electronic site of the Central Headquarters of traffic.

First final provision. Modification of resolution of November 30, 2010, of the General Directorate of traffic, by which personal data files are created in the Central Headquarters of traffic.

Amending the annex to the resolution of November 30, 2010, of the General Directorate of traffic, by which personal data files are created in the Central Headquarters of traffic, as amended by the resolution of April 19, 2012, to join it with the number 4 the file 'Register of powers of Attorney, inheritance and legal representations of the Central Headquarters of traffic' , with the following content: «4. file of the register of powers of Attorney, inheritance and legal representations of the Central Headquarters of traffic.»

a) filename: register of powers of Attorney, inheritance and legal representations of the Central Headquarters of traffic.

(b) purpose of the file: record of them powers of attorney granted, of them successions and of them representations legal, for the realization of procedures and performances by means electronic or of form presencialante them bodies of the headquarters Central of traffic.

(c) uses expected: check of the representation in them procedures and performances by means electronic or of form presencialque it incorporated.

(d) people or collective on which is intended to obtain data of character personal or that are forced to supply them: interested that grant or receive powers, or rather than request the succession or the representation legal, them people physical dead, them minor of age and them disabled.

(e) procedure of collected of them data of character personal: through forms of application of high, revocation or resignation of powers of attorney or of forms of application of high or low of successions and representations legal, presented by via electronic or through request face-to-face of the command or the proxy, or by the successor or representative legal.

(f) basic structure of the file and the type of personal data included therein: powers of Attorney: identification data (name, tax ID or equivalent document) of the principal and agent, phone or e-mail the agent, extension and duration of power. Inheritance and legal representations: identification data (name, tax ID or equivalent document) of the deceased, the minor or incapacitated person, and the successor or legal representative, as well as the electronic ocorreo of these last two phone.


(g) treatment system: partially automated.

(h) transfers of personal data provided for: data will be transmitted to the city councils, in the exercise of powers which are assigned in terms of traffic and circulation of motor vehicles, if they are attached to the log.

(i) transfers international of data provided to third countries: not is expected.

(j) organ administrative responsible of the file: Agency autonomous headquarters Central's traffic.

(k) administrative organ to which the rights of access, rectification, cancellation and opposition may be exercised: General Sub-Directorate of analysis and statistical monitoring of the General Directorate of traffic. Calle Josefa Valcárcel, 44. 28071 Madrid.

«(l) with indication of the required level security measures: basic level.»

Second final provision. Skill-related title.

This resolution is issued under cover of the provisions of article 149.1.21. ª of the Spanish Constitution, which attributes to the State the exclusive competence in the field of traffic and circulation of motor vehicles.

Third final provision. Entry in force.

This resolution shall enter into force on 20 may 2015.

Madrid, 9 April 2015.-the General Director of traffic, María Seguí-Gómez.

ANNEX categories, procedures and actions categories procedures and proceedings special authorizations.





Forwarding of authorization complementary of circulation.






 





Modification of complementary authorization of circulation.






 





Authorization of circulation in dates restricted.






 





Authorization of participation in sporting events.






 





Authorization for participation in events of historical vehicles.






 





Authorization of shootings and ads.






 





Authorization of cycling gear.






 





Authorization of testing and testing of vehicles.






 





Authorization of other activities.






Drivers.





Issue of driving licence.






 





An exchange of permission of driving.






 





Application for duplicate driving licence.






 





Extension or renewal of permit for driving.






 





International driving permit.






 





Request for review of loss of validity of driving licences.






 





Loss of effective record processing status report.






 





Consultation of a driver's points.






 





Dangerous goods driving authorization.






 





Extraordinary authorization of driving.






 





Authorization of transport vehicles driving school or younger.






 





Change of address of driver.






 





Report of driving licence.






 





Copy of driver record.






 





Accreditation of teacher or director of centers of driving school.






Sanctions.





Processing sanctions case status report.






 





History of sanctions report.






 





Consultation and copy of record penalties.






 





Presentation of writings of allegations or resources.






Vehicles.





Regular registration of vehicles and rematriculacion.






Registration of historical vehicles, diplomatic or tourist.






Temporary permit for companies and individuals (red plaques and Greens).






Duplicated by deterioration, loss or theft.






Renewal by change of domicile.






Renewal by change of data, change of service and reforms of importance.






Transfer or transmission of vehicle.






Notice of sale of vehicle (to private and professional).






Notification of purchase of vehicle.






Low temporary voluntary, by subtraction and finally of lease.






Low final voluntary, for export and by transit community.






High of the vehicle in situation of low temporary.






Rehabilitation of the vehicle.






Application for the registration of vehicles.






Vehicles.






Vehicles possessing a person.






Copies of records of proceedings.






Certifications and other requests.






Virtual cards EITV custody.






Other procedures.





Reading of electronic notifications (DEV).






Access to the list of excluded of TESTRA.