SP Licence?
Posted: 23 August 2009 03:59 AM  
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Transferred from Driving Licences in Spain (Spain Expat)

21/Aug/2009:

Tigger said:
I am new to this site - it’s amazing, so full of helpful info. However, please can someone help me :- Solo wrote in 2006 about wanting to set up a transfer service for golfers and was wondering if a SP license was required. Expatriator replied that it didn’t sound like a Public Service vehicle/transfer so probably no license would be required. I have recently been contracted to provide a transfer service to and from an airport to a local company. I invoice the company monthly, they pay me. I do not take money from the passengers. No-one can ‘hire’ my vehicle. I do not have a meter etc etc. Does anyone know - do I require a license. Help would be appreciated as this job is important to me. Thank you.

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Posted: 23 August 2009 03:59 AM   [ # 1 ]  
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I have no legal knowledge on this matter but my initial reaction is that you are batting on a very dodgy wicket.

The Guardia Civil have been allegedly paying rather a lot of attention to unauthorised ?taxis? at some airports Alicante for one?, even normal folks just picking up relatives?

Since it is unlikely that you will know who your clients are the chances are you will be in the arrivals area with a clip board in your hand waiting with all the other pick up drivers. This immediately identifies you as waiting for clients rather than family.

The fact that you are not taking fares is irrelevant in that you are almost certainly in breach of your car insurance small print in regards to the Hire and Reward clauses; you are being paid to provide a service?even if not directly.

The Airport Taxi Mafia will very soon recognise you as a contract driver and essentially taking away their business and wont be best pleased?slashed tyres are likely to be the least of your problems?

Why do the ?small local company? you are contracted too not pick up the clients themselves? I would hazard a guess that it is for one of the above reasons. By contracting the job out they can effectively wash their hands clean of any ?problems? that might appear, thereby dumping the buck firmly on your shoulders.

Consider this scenario;
One man runs two businesses, one Real Estate, one ?unofficial? taxi.
Real Estate Co. sub-contracts collections from the Airport to Unofficial Taxi Co.
Unofficial taxi company bills Real Estate Company. 
Two Companies, two lots of employees, even if the same guy does both jobs therefore;. Two lots of company taxes to pay,
Two lots of IVA to pay,
Two lots of Social Security payments.

?Unofficial taxi? has a shunt with another car whilst carrying clients ? one is seriously injured, the other killed, both cars written off. Your insurance invalidated because of the Hire and Reward clause. GC bring charges?other party sues?where you gonna run?

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Posted: 28 August 2009 02:07 AM   [ # 2 ]  
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Hi - since asking the question here on Spainexpat, I have spoken with my Spanish Solicitor who has informed me that, yes, I do indeed need an SP License - which are about as rare as hens teeth!  And, if I could get my hands on one, would probably cost me a LOT OF MONEY.
I have ceased all carrying of passengers to/from airports or anywhere for that matter!  Thank you for your comments and advice!
Just as a point of interest, I obviously contacted my Insurance Company first and they have confirmed that I was/am insured to carry passengers - as long as I am not taking money from the private individuals and am only paid by the company…...I am not prepared to take the risk and certainly do not want my tyres slashed or car scratched etc.
It would seem that the entire world is wrapped up in thick, impenetrable red tape!
Thanks again.
Tigger

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