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Order Fom/3203/2011, Of 18 November, Amending Order Fom/36/2008, Of 9 January, Which Develops The Second Section Of Chapter Iv Of Title V, Relating To Rental Of Vehicles With Driver, Of Regulation D...

Original Language Title: Orden FOM/3203/2011, de 18 de noviembre, por la que se modifica la Orden FOM/36/2008, de 9 de enero, por la que se desarrolla la sección segunda del capítulo IV del título V, en materia de arrendamiento de vehículos con conductor, del Reglamento d...

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The Regulation of the Land Transport Management Act, approved by Royal Decree 1211/1990 of 28 September 1990, was developed in respect of the leasing of vehicles with driver by Order FOM/36/2008, 9 of January.

Several years since its approval, it is necessary to review certain aspects of this standard, mainly those relating to the characteristics of the vehicles and the conditions of service delivery.

In this sense, technological advances in the field of vehicles and engines have allowed, since the order was approved, new models to be introduced in the market that, with less power than existing ones, achieve identical performance and quality with better environmental performance. In order to encourage the use of these new ranges of less polluting vehicles as far as possible, it seems reasonable to reduce the tax power requirement set out in Article 11.1 (a) of the order.

Also, in execution of the forecasts contained in Articles 3, 5 and 15 of Law 16/1987, of 30 July, of Land Transport Management, Article 14.1 of the order establishes a rule of proportionality to facilitate the balanced and harmonious development between the various forms of passenger transport in passenger cars in the same territory, in such a way as to ensure the exercise of administrative powers in the field of transport intercity does not hinder the effectiveness of policies developed by the autonomous communities and local entities in relation to urban transport.

As a supplement to the above criterion, Article 10 of the abovementioned order required that vehicles engaged in the activity of leasing with a driver are normally used in the provision of services intended to provide services to needs related to the territory in which the authorisation in which they are protected is located.

This rule is intended to prevent vehicles authorised in a given territory, taking into account the pre-existing supply of other similar forms of transport, to be used, then, to provide service on a regular basis. another territory whose transport offer was not valued for that purpose.

Nevertheless, the experience gained in the practical application of the aforementioned precept, advises a greater concreteness of the criterion of habituality, which guarantees its effective application.

Finally, it has been tried to reduce the documentation that must go on board the vehicle dedicated to this type of activity, in such a way that it is enough to carry on board the accreditative copy of the contract and it is not necessary to carry the sheet of route in cases where the copy reflects all the required data required for the roadmap.

In its virtue, according to the authorization contained in the 11th additional provision of the Regulations of the Law of Land Transport Management, I have:

Single Article. Modification of Order FOM/36/2008, dated January 9, for which the second section of Chapter IV of Title V, on the leasing of vehicles with driver, is developed, the Land Transport Management Act, approved by Royal Decree 1211/1990 of 28 September.

Order FOM/36/2008 of 9 January, for which the second section of Chapter IV of Title V, in the field of leasing of vehicles with driver, is developed, of the Regulation of the Law on the Management of Transport Land, approved by Royal Decree 1211/1990 of 28 September, is amended as follows:

One. Article 5 is worded as follows:

" Article 5. Requirements for granting authorizations.

For the granting of the vehicle lease authorisations with driver, it will be necessary to accredit to the competent body, compliance with the following requirements:

(a) Being a natural person, not being able to grant authorisations jointly to more than one person or to communities of property, or legal person, in this case, the form of a commercial company, a working company or associated worker cooperative.

b) To have Spanish nationality, to be covered by the Community scheme of aliens set out in Royal Decree 240/2007, of 16 February, or to have the necessary authorizations in the Organic Law 4/2000, 11 January, regulator of the General System of Foreign Affairs, and in its implementing regulations, regarding the performance of the professional activity of the carrier in its own name.

c) Meet the tax obligations established by the current legislation.

d) Meet the labour and social obligations required under the relevant legislation.

e) Dispose of a local dedicated to the activity in the municipality where the vehicles are located, which meets the requirements of Article 9.

(f) Dispose of the number of vehicles set out in Article 10, dedicated to the rental activity with a driver, meeting the conditions referred to in Article 11.

(g) Credit the existence of the number of drivers provided for in Article 12, which meet the conditions laid down therein.

(h) The undertaking must be covered, by one or more insurance companies, for civil liability for damage to passengers as a result of transport, until at least the amount of EUR 50 million, the circumstance to be credited by supporting the subscription of those. "

Two. Article 6 (1) is worded as follows:

" 1. The accreditation of the requirements referred to in paragraphs (a) and (b) of the previous Article shall be carried out by the presentation of the national identity document in force of the holder of the authorization or, where foreign, of the document of identification which has equivalent effects in the country of origin or passport, which shall be accompanied by the corresponding identity card abroad and the authorisation of long-term residence or temporary residence and work on its own account, and, in all cases, of the accreditation to be in possession of the corresponding tax identification number.

When the holder of the authorization is a legal person, he/she must present the document of incorporation and his/her tax identification card and credit his/her registration in the Mercantile Register or, if applicable, in the Register that corresponds. "

Three. Article 10 is worded as follows:

" Article 10. Accreditation of the provision of a minimum number of vehicles.

1. Undertakings engaged in the activity of leasing with a driver shall have at all times, either by ownership, leasing or leasing, of at least 10 vehicles engaged in the activity, meeting the conditions laid down in the next item.

The effective provision of the vehicles required in this article shall be credited by the presentation of the corresponding movement permits issued in the name of the holder of the authorization, together with the periodic technical inspection of the same.

2. Such vehicles shall normally be used for the provision of services intended to meet needs relating to the territory in which the authorisation in which they are located is located.

To this end, they must have their base of operations in the municipality in which the company is located, and must be located in the municipality, unless it is justified that they are providing a prior service. procurement, as provided for in Article 23.

It is understood that, in any case, a vehicle has not been used normally in the provision of services intended to meet needs related to the territory in which the authorisation in which it is located is domiciled. ampara, where 20 per cent or more of the services carried out with that vehicle within a calendar month has not, or even partially, been discurried by that territory.

Where vehicles are provided on a territory other than that of the clearance of the authorisation in which they are covered, they must carry on board the relevant authorisation instead of the dashboard. "

Four. Article 11 (1) (a) is read as follows:

" (a) Motor with a power equal to or greater than 13 horsepower (CVF) for vehicles up to 5 seats including the driver. In the case of vehicles of more than 5 seats, they must have a tax power equal to or greater than 18 CVF, which may be reduced to 16 CVF when the vehicle is longer than 5 metres. '

Five. Article 23 is amended as follows:

" Article 23. Conditions for the leasing of vehicles with driver.

The lease of vehicles with a driver must be contracted prior to the performance of the service in the offices or premises of the leasing company located in the municipality in which the owner is domiciled. authorization, and must carry on board the vehicle, together with the accrediting copy of the contract, the corresponding road map except in those cases where in the referred copy of the contract all the data that would have been record on the road map in accordance with the provisions of the following Article.

The lease must be referred to, in any case, to the total capacity of the vehicle to be used, without having to rent its seats separately from different tenants.

In no case can vehicles covered by rental authorizations with a driver wait or circulate through public roads in search of customers, nor do they collect from those who have not previously hired the service.

Vehicles attached to the driver's lease authorisations shall not be allowed to leave the place where they are habitually kept or parked without carrying on board the documentation provided for in the first subparagraph, in the terms in which it is stated; unless it is established that its displacement has the cause of carrying out the review, repair or maintenance of the vehicle itself. '

Six. A final paragraph is added to Article 24, with the following text:

" In those cases where, as provided for in the previous article, the accrediting copy of the contract contains the same data that is required for the road map, the obligation on the part of the companies holding the For the purpose of this Regulation, the Commission shall, in accordance with Article 10 (1) of Regulation (EU) Regulation (EU) Regulation (EU) Regulation (EU) Regulation (EU) Regulation (EU) Regulation (EU) Regulation (EU) for the same period of time. "

Single end disposition. Entry into effect.

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

Madrid, November 18, 2011. -Minister of Development José Blanco López.