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Competition believes that Uber should be able to circulate on the bus lane

CNMC issues a report on market unit in which it observes advantages of taxis on new transport platforms

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Competition believes that Uber should be able to circulate on the bus lane

The National Market and Competition Commission (CNMC) believes that Uber, Cabify and or VTC licensed passenger transport platforms are entitled to circulate on city bus lanes, restricted access areas or park in same Conditions than taxi drivers. This is proposed by CNMC in one of six reports on issues affecting market unit released on Friday.

The Unit of surveillance unit of market has detected that some cities establish limits to activity of sector of vehicles of rent with Driver (VTC) in favour of sector of taxi. This institution, which sails because re are no major discrepancies between rules depending on territorial administration that applies m, claimed competition because " activity of VTC, being of a similar nature to that of taxi was subject to limitations that are not They imposed on activity of taxi. " Especially in cities such as Cordoba, Granada, Madrid, Valencia, Palma de Mallorca and Barcelona. Among restrictions detected are use of bus-rail for passenger traffic, loading and unloading, access to restricted traffic areas and " application of limitations to duration of parking lot".

In particular, it points out that it is "a limit or restriction to activity of VTC in front of taxis", in a subsector (transport of passengers in vehicles of tourism) in which taxi drivers and (VTCs) are competitors.

The body that monitors fulfillment of law of market unit denounces to competition that se limitations to companies like Uber or Cabify are not justified. "Despite similarities in some aspects of both services, y were still treated unevenly by some local administrations, mentioning regulations of municipalities of Cordoba, Granada, Madrid, Valencia, Palma de Mallorca and Barcelona. "This regulation clearly favoured taxi to detriment of activity of VTC".

The organism that presides Jose Maria Marin Quemada issued a report on January 17 in which it concludes that "despite differences between activity of taxi and that of VTC, both can be considered as competitors in subsector of discretionary transport of passengers in Tourism vehicles. In this sense, any advantage granted to taxi, in particular in terms of access to bus lanes or restricted traffic areas, as well as in absence of limitations to duration of parking, could be considered a limit or restriction to activity of VTC ".

Market Unit

The CNMC, at request of secretariat of Council for market unit of Ministry of Economy (SECUM), analyses claims of companies or individuals when a competent authority limits access or exercise of economic activities, and may To bring contentious-administrative remedies directly against competent authority acting in a manner contrary to LGUM.

Anor competition report analyses report of a senior engineer and technician in occupational risk prevention who claimed that criteria published by Valencian Institute of Occupational Safety and Health (INVASSAT) are contrary to LGUM.

In opinion of claimant, authorized control bodies (geese) and higher technicians for prevention of occupational hazards could not issue technical reports to evaluate wher certain machines meet required safety conditions. The CNMC considers it advisable for INVASSAT to clarify those technical-normative criteria.

Car repair Shop

Likewise, CNMC has also analyzed a complaint against a resolution of Ministry of Economy and Infrastructure of Junta de Extremadura that does not consider valid documentation presented by a public works engineer to legalize Facilities of a vehicle repair shop.

In this respect, he explains that sectoral regulations do not establish a professional reserve, that is, only certain graduates or professionals can write technical projects to install a repair shop. Thus, resolution of Junta de Extremadura is contrary to article 5 LGUM.

Football field in Gijón

In anor report, he notes that city Council of Gijón, in specifications of its contract to project a women's football field, discriminates qualified graduates to carry out geotechnical studies (mining engineers) against graduates in geology, according to Claimant.

In its previous study, CNMC considered that it is a restriction contrary to article 5 of LGUM, so it has required city Council to consider call as contrary to LGUM. If this does not answer before February 25, 2018, it will appeal a contentious-administrative resource within two months.

Street sales in Ribadesella

Anor report deals with a refusal by municipality of Ribadesella of an authorisation for itinerant sale of food from a truck to claimant, who considers that it is an obstacle to economic activity contrary to LGUM.

On this issue, CNMC concludes that, in this case, having a licence is justified according to principles of necessity and proportionality. In addition, plot where food sales truck was intended to be located is not suitable for commercial or hotel use. It is a matter of undeveloped land and of "high landscape and ecological value".

Public street parking in Calatayud

Finally, a company demanded against town hall of Calatayud by specifications of contest to control parking spaces in public thoroughfare. They require a minimum experience in this activity in three populations and with at least 1,000 places in each population.

The body chaired by José María Marín Quemada points out that it is an "unnecessary and disproportionate" requirement, higher than number of places provided for in sheets (694), among ors. Therefore, it has required city council to consider convocation contrary to LGUM, in such a way that, if it does not answer request before 24 February 2018, it will appeal an administrative contentious-action within two months.


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