The State delegates road and cable transport powers to the Autonomous Communities

Automatic summary, not yet reviewed

1. The law delegates State powers over road and cable transport to the Autonomous Communities. The delegation only applies once the staff, budget and assets transfers provided in Article 18 have taken place.
2. Powers over regular public passenger transport are delegated: authorizing partial services, processing and proposing decisions on matters such as new concessions, transfers or expiry, and fully managing lines whose route falls almost entirely within one Community. The State keeps the final decision and matters affecting national interests.
3. For discretionary and private transport crossing more than one Community, the granting, validation, transfer and revocation of authorizations is delegated, as well as setting fares within State limits. It falls to the Community where the vehicle or the company's registered office is located.
4. Functions over auxiliary transport activities (freight agencies, warehousing, vehicle rental), cable transport, and inspection and penalties within each Community are also delegated. If the permanent withdrawal of an authorization or the expiry of a concession is proposed, the Community can only propose it and the State decides.
5. The Transport Arbitration Boards and the powers over professional qualification for transport are also delegated. The Communities must exercise the delegated functions respecting State rules, which keep the legislative function and the power to issue regulations.
6. The State transfers to the Communities the resources of its peripheral administration devoted to land transport. If a Community breaches the law, the Government, after a report from the Council of State, may revoke the delegation, and the Minister may suspend acts that violate State rules.

Who it affects

• Autonomous Communities: Receive by delegation management, inspection and penalty powers over road and cable transport, plus the staff and assets to exercise them.
• Transport companies: Will handle their authorizations, concessions and fares with the relevant Autonomous Community instead of the State.
• Freight agencies and auxiliary transport activities: Their opening, transfer or relocation authorizations are managed in the Community where they are based.
• The State: Keeps legislation, final decisions on key matters, international transport, and the power to revoke or suspend the delegation.

Words worth knowing

Concesión (concession)

A permit under which the administration entrusts a company with running a public transport service.

Transporte discrecional (discretionary transport)

Transport of passengers or goods with no fixed route or schedule, such as a coach hired for a specific trip.

Administración periférica del Estado (State peripheral administration)

The State bodies operating in the provinces, such as Government Delegations.

Potestad reglamentaria (regulatory power)

The ability to issue rules that develop laws.

Juntas Arbitrales del Transporte (Transport Arbitration Boards)

Bodies that quickly resolve disputes between users and transport companies.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries