Machine Translation of "Order Def/601/2015, On 6 April, Which Develops The Royal Decree 628/2014, Of 18 July, Which Regulates The Peculiarities ..." (Spain)

Order Def/601/2015, On 6 April, Which Develops The Royal Decree 628/2014, Of 18 July, Which Regulates The Peculiarities Of The System Of Authorizations To Drive Vehicles Belonging To The Armed Forces And The Guardia...

Original Language Title: Orden DEF/601/2015, de 6 de abril, por la que se desarrolla el Real Decreto 628/2014, de 18 de julio, por el que se regulan las peculiaridades del régimen de autorizaciones para conducir vehículos pertenecientes a las Fuerzas Armadas y a la Guardia ...

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TEXT

The entry into force of Royal Decree 628/2014, of July 18, which regulates the peculiarities of the regime of authorizations to drive vehicles belonging to the Armed Forces and the Civil Guard, implies a change in the registration and management of these authorizations and, consequently, requires the Ministry of Defense to adapt its procedures and procedures to the new requirements.

In article 5.1 of the aforementioned royal decree, it is stated that, by order of the Minister of the Interior, the schools and agencies of the Armed Forces and the General Directorate of the Civil Guard will be determined to issue the authorisations to drive vehicles belonging to those institutions, which may be exchanged for their equivalents as provided for in Articles 4 and 25 respectively of the General Driver Regulation, approved by Royal Decree 818/2009, of 8 May.

In its article 20.2, it states that the Technical General Secretariat of the Ministry of Defense will be the body responsible for the Registry of Drivers of the Armed Forces, and in paragraph 4 of the same article, it marks that the The security of the register shall be high in accordance with the rules in force in this field.

Article 21 of the aforementioned royal decree, details all the data to be included in each Register of drivers, and Article 22 states that the processing and transfer of the data contained in the Driver Records They will be subject to the provisions of the Organic Law 15/1999 of 13 December, the Protection of Personal Data and its Implementing Regulation, and which may be transferred between the respective Records of the Drivers of the Forces Navies and the Civil Guard as well as the Register of Drivers and Offenders of the Directorate General of Traffic and vice versa. According to its second additional provision, such transfer shall be carried out by electronic means through the interconnection of the databases of their respective Registers.

In Articles 16 and 19 it establishes a new model of military driving licence and authorisation to drive vehicles carrying dangerous goods, both in card format.

Finally, the fourth final provision authorizes the Minister of Defense, in the field of his powers, to dictate how many provisions are necessary for the development of Royal Decree 628/2014, of July 18.

In its virtue, I have:

Article 1. Purpose and scope of application.

This ministerial order, in the field of the Ministry of Defense, aims to establish the general structure, characteristics and articulation of the Armed Forces ' Registry of Drivers (FAS) and regulate the procedure. General of the granting of authorizations referred to in Royal Decree 628/2014 of July 18, which regulates the peculiarities of the regime of authorizations to drive vehicles belonging to the Armed Forces and the Civil Guard.

Article 2. Registration of drivers of the Armed Forces.

1. The FAS shall automatically collect and manage the personal data of the holders of the driving licences (PMC) or of the special authorisation to drive vehicles carrying dangerous goods by road (TPC authorisation), as well as its behaviour and penalties for incidents related to traffic and road safety, in order to monitor compliance with the requirements laid down in the current rules.

2. Under the responsibility of the Technical Secretariat of the Ministry of Defense (SEGENTE-MINISDEF), all the bodies involved will be provided with a management and information system that supports the database of the FAS database, as provided for in the Royal Decree 628/2014 of July 18, as well as the processes related to the issuance of the PMC and TPC authorizations.

3. On the other hand, the management system of the FAS will have utilities for the realization of the activities related to the processes of obtaining, exchange, renewal, duplication and modification of data of the PMC and authorizations TPC, will show consultations, reports and statistics, and shall manage the printing process in plastic card format and temporary authorisations for driving, as set out in Article 3.1 of Royal Decree 628/2014 of 18 July 2014.

4. The data entered into the FAS system for the above processes will be supported by the schools and bodies empowered to issue authorizations to drive vehicles belonging to the Armed Forces and the General Directorate of the Guard. Civil (authorised consignors of the Armed Forces), with the corresponding minutes of issue.

5. Annex I to this ministerial order sets out the model of temporary authorisation to drive military vehicles for which the PMC/TPC authorisations are provided.

6. The SEGENTE-MINISDEF will create a single Office to direct and control the FAS, as well as for the centralized printing and subsequent distribution of the PMC and TPC authorizations referred to in Royal Decree 628/2014, 18 of July.

7. The management and information system of the FAS shall preserve the confidentiality, security and integrity of the data contained in it, in accordance with Article 22 of Royal Decree 628/2014 of 18 July 2014.

8. In addition, it will be prepared to interconnect electronically with the Driver and Violator Records of the General Directorate of Traffic and with the Registry of Drivers of the Directorate General of the Civil Guard, and will maintain interface with the Personnel Information System of the Ministry of Defense (SIPERDEF) and the Personal Portal of the Ministry of Defense's intranet.

Article 3. Data protection included in the Armed Forces Driver Registry.

1. The data files contained in the FAS and its treatment shall be declared by order of the Minister of Defense.

2. The holder of the body responsible for the registration or file shall take the necessary management and organisational measures to ensure, in any case, the confidentiality, security and integrity of the personal data existing in the register. record and their use for the purposes for which they were collected.

Article 4. General procedure for granting authorizations.

1. In order to initiate any process referred to in Article 2.3, the submission of an application shall be required, in accordance with the model in Annex II, model of the application form for PMC/TPC authorisation, to the relevant issuing body. Authorized by the Armed Forces.

This request must be accompanied by other documentation according to the procedure to be performed (obtaining, exchanging, renewing, duplicating and modifying data), as indicated in Annex II itself. The necessary models are set out in Annexes III to VII.

2. The processing of any request shall be made in an official manner, thus being consistent with the need for the position of destination, work or service.

Article 5. From the tests to be performed.

1. The presentation of the relevant documentation and, where appropriate, the overcoming of the tests of psycho-physical fitness, knowledge control, control of aptitudes and behaviors in closed circuit and control of aptitudes and behaviors in circulation, give rise to the generation of a record and subsequent issue of the appropriate authorisation.

2. The procedure for checking the exceedance of each of these tests, which shall be carried out in accordance with the provisions of the legislation on traffic, motor vehicle traffic and road safety, and the qualification criteria for which must be based on those applied by the General Directorate of Traffic, it is at the discretion of each army, and must be included in its internal regulations.

3. The means, programmes, objectives and methods used shall be appropriate for the teaching of driving in accordance with the provisions of the legislation on traffic, motor vehicle traffic and road safety.

4. The military vehicles used in the said tests, in so far as they permit their special characteristics and the operational criteria governing the supply of automobile material in the Armed Forces, will be in accordance with the provisions of the General Regulations of Drivers, approved by Royal Decree 818/2009 of 8 May.

5. In order to be able to start practical training and to carry out apprenticeship, in open routes to general traffic, for classes A1 and A2, and on passable roads within military installations and military land for classes F, Authorised issuing bodies of the Armed Forces shall provide the applicant with an administrative authorisation to complete their training in accordance with Annex VIII, model of administrative authorisation.

6. The unified documentation models for any processing can be downloaded on the corresponding web pages of the Armed Forces.

Single end disposition. Entry into force.

This ministerial order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, April 6, 2015. -Minister of Defense Pedro Morenes Eulat.

ANNEX I