New decision: Terms and conditions for establishing and operating car stations • Responsibilities of engineers

The decision of the Ministry of Infrastructure and Transport “Determination of the competent bodies, terms, and conditions for the establishment and operation of all types of car stations within and outside approved city plans, as well as the terms and conditions for the traffic connection of the above facilities and businesses with national, provincial, municipal, and community roads” was published in the Government Gazette.

This decision specifies the competent authorities, the terms and conditions for the establishment and operation of all types of car parks within and outside approved town plans, as well as the terms and conditions for the traffic connection of the above facilities and businesses with national, provincial, municipal, and community roads.

For the purposes of this with the term “all types of car stations,” are understood to mean the stations for heavy vehicles public (for a fee) or private use, which have the appropriate infrastructure and the necessary auxiliary and complementary facilities for the parking of these. Heavy vehicles are defined as vehicles of the categories M2, M3, N, N1, N2, N3, O, O1, O2, O3, O4, O5, O6, O7, O8, O9, O10, O11, O12, O13, O14, O15, O16, O17, O18, O19, O20, O21, O22, O23, O24, O25, O26, O27, O28, O29, O30, O31, O32, O33, O34, O35, O36, O37, O38, O39, O40, O41, O42, O43, O44, categories M2, M3, N, N1, N2, N3, O, O1, O2, O3, and O4 in accordance with the Annex II to with number. prot. 29949/1841/28-09- 2009 joint ministerial decision (B’ 2112). These include the various types of buses, trucks, trailers, semi-trailers, and trailers. trucks, trailers, semi-trailers, tankers, articulated vehicles and type train, motorized and trailer caravans. The present decision does not apply to the determination of the terms and the conditions of operation of stations for intercity buses and stations trucks cars for loading and unloading goods in accordance with the meaning of Articles 1 and 9 of Presidential Decree 79/2004 (A’ 62). Where elsewhere it is not defined by the present otherwise, applies the Presidential Decree 455/1976 (A’ 169) as in force.

See below for examples of the supporting documents and the procedure for issuing a certificate of legal operation, with the participation of engineers, where required:

1. The application for notification of commencement of operation shall be submitted by the interested party, together with the supporting documents referred to in paragraph 2, for the purpose of obtaining the Certificate of Legal Operation of the Station from the competent Transport and Communications Directorate of the Region. Of the supporting documents referred to in paragraph 2, two (2) copies and electronic copies of all drawings and technical reports shall be submitted (one of the two copies shall be kept in the archives of the licensing authority).

Within five (5) working days, the competent official of the relevant Regional Transport and Communications Directorate shall check the completeness of the file of supporting documents submitted and either issue the interested party with a Certificate of Notification of Commencement of Operations, if the file is found to be complete, or, if the file of supporting documents is not complete, the licensing authority informs the interested party in writing of the lack of one (or more) of the required supporting documents.

2. Subsequently, the Regional Transport and Communications Directorate, within one (1) month of issuing the Certificate of Notification of Commencement of Operations, checks the supporting documents to verify that all legal requirements for operation have been met. Within twenty (20) calendar days from the date of issuance of the Certificate of Notification of Commencement of Operations, the services may request the applicant to provide additional information or clarifications on the supporting documents submitted, with a deadline for submission of five (5) calendar days. If, after reviewing the submitted file, the authorities find that the legal requirements are met, they issue a Certificate of Legal Operation. The Certificate of Legal Operation is valid for five (5) years.

If the review of the supporting documents reveals that not all legal requirements are met, the service prohibits the operation of the business, informing the interested party in writing and stating the relevant reasons. If the interested candidate operator of the station considers that the operation of his business/activity is prohibited, even though, in his opinion, he has submitted all the required supporting documents, or that the Administration is delaying without justification, he may appeal to the ordinary courts against the act or omission of the administrative authority to which his application has been submitted. Written notification of the prohibition of operation of the business must be given within thirty calendar days from the date of issue of the Certificate of Notification of Commencement of Operation. If the thirty (30) day deadline passes without action, the Certificate of Legal Operation of the business/activity is considered to have been issued to the interested party, in accordance with paragraph 4 of Article 14 of Law 3844/2010 (A’ 63). In the case of tacit approval, the interested party may request a relevant certificate from the administrative authority responsible for issuing the act, in accordance with paragraph 4 of Article 10 of Law 3230/2004 (A’ 44). Finally, in the event that the station has additional facilities, the legislation governing the operation of such facilities shall apply, as appropriate, to their lawful operation. In this case, additional supporting documents shall be submitted as appropriate. The following shall be submitted together with the Application for Notification of Commencement of Operation: B2Green

a. A fee of €58 for the station and €29.5 for each additional station installation,

b. Topographical plan of the area, in two copies, signed by the competent engineer, on an appropriate scale and within a radius of 100 m from the boundaries of the plot or site, the coordinates of which are dependent on the State Network (EGSA 87). The plan shows the plot or site of the station, the dimensions of its sides, the building line and the street line only for the plot of the station, or the building line and the expropriation boundary only for the site, the locations of the buildings of the auxiliary and any additional facilities, the widths of the roads (sidewalks, pavements, and traffic islands), as well as the directions of the traffic lanes in front of the station. The existing uses of the station area are also marked, in a 100 m zone around the perimeter of the plot or site. The topographical survey confirms that there are no visible archaeological sites within 100 m of the station. The operation of the station may be permitted at a distance of less than 100 m, provided that the relevant approval is granted by the Archaeological Service. The topographical plan includes a note from the designer stating that the conditions of Article 4 of this document are met.

c. Responsible Declaration of the applicant in accordance with Article 8 of Law. 1599/1986. Specifically:

aa. If the applicant is a natural person, they declare responsibly that they have the right to use and exploit the plot or land for the operation of a heavy vehicle parking station.

bb. If the applicant is a legal entity, its legal representative shall declare under oath that it has the right to use and exploit the plot of land or site for the operation of a heavy vehicle parking station.

d. Declaration of Compliance with Standard Environmental Commitments, in accordance with the provisions of Joint Ministerial Decisions No. 170613/07-10-2013 (B’ 2505), 170078/07-10-2013 joint ministerial decisions (B’ 2507), 52891/30-09-2013 joint ministerial decisions (B’ 2446) or approval of environmental terms by the competent authority.

e. Approval of sidewalk cutting or lowering, or approval of traffic connections for stations inside or outside the plan, respectively, by the service responsible for maintaining the road or roads in front of the station, accompanied by a responsible statement that the approved cutting of the sidewalk or traffic connection of the facility was implemented in accordance with the approved plans thereof.B2Green

f. Architectural plans on a scale of 1:50 or 1:100 depending on the size of the premises, in two copies, specifically:

aa. Floor plans of all levels of the premises or buildings that make up the station (i.e., office, warehouses, etc.).

bb. Indicative characteristic sections of the above buildings.

c. Main views of the above buildings

dd. General layout plan of all station buildings on a scale of 1:100 or 1:200 depending on the size of the station, showing the station entrances and exits, access corridors, parking areas, ramps and “boats” and, in general, the entire functional layout of the station.

g. Electromechanical drawings in two copies on an appropriate scale, specifically:

aa. Complete electrical plans for strong and weak currents in buildings, accompanied by a complete technical description and a separate calculation booklet.

bb. Complete plans for heating, air conditioning, and ventilation of the premises, accompanied by a full technical description and calculations.

c. Complete plans for water supply, sewerage, and rainwater drainage for the station’s building facilities, accompanied by a complete technical description and a separate calculation booklet.

dd. Complete design of electrical installations and lighting for the station’s surrounding area, including construction details for cable routing, the anchoring of lighting poles to the ground and the fixing of lighting fixtures to poles or walls, any manholes and connection boxes, accompanied by a complete technical description and a separate calculation sheet.B2Green

ee. Complete plans for water supply, sewerage, and rainwater drainage in the surrounding area, showing the respective networks and their routes, the Water Supply Company meter, the connection point of the sewerage network to the city network, any necessary waste collectors, or watertight tanks, or biological treatment. This plan includes or is accompanied by detailed plans of the manholes, pipes, water supplies, and waste collectors, as well as the necessary calculation documents.

h. Signage plans, in two copies, including vertical and horizontal signage, both at the station entrances and exits and inside the station, i.e., vehicle direction arrows, warning signs, audible signals, and any other means required to inform and guide users, in accordance with this article.

i. Technical report, in two (2) copies, which aims to inform the study auditor about the structure of the station, the type to which it belongs, the basic elements that were taken into account during its design, the basic construction elements of the buildings, and which summarises the corresponding electromechanical installations.

i. Special report, in the event that an automatic parking management system is installed at the station under construction.

k. If the station has other complementary facilities (e.g., car washes, lubrication stations), these must also be mentioned in the technical report.

(l) A solemn declaration by the supervising engineer responsible under Law 1599/1986, stating that the construction of the station and the electrical and mechanical installations therein were carried out in accordance with the approved plans and applicable regulations, and that the terms and restrictions of this decision were complied with during the execution of the works.

(m) Active Fire Protection Certificate, issued by the relevant Fire Department in accordance with the regulations in force, stating its period of validity.

id. Building permit or any other document certifying the legality of the building.

Opinion of the competent authority for large covered stations (Tax Office – General Secretariat for Attica and the relevant Region for stations outside Attica).

Certificate from the Athens Metropolitan Planning Department – Attica of the Directorate of Metropolitan Urban and Peri-Urban Planning of the General Secretariat for Spatial Planning and Urban Environment for large stations located within the Attica basin.

i. Budget in two copies, of the required expenditure for the facilities in question, signed by the author of the study, who is a legally responsible certified engineer or technologist, and the interested party.

3. The Certificate of Legal Operation may be renewed after its expiry by submitting a valid Fire Safety Certificate, a declaration of compliance with the Standard Environmental Commitments by the competent authority, with the payment of a fee of €58 for the station and €29.5 for each additional facility, and a solemn declaration by the operator that they still have the legal right to operate the station and that no changes have been made to the station or the surrounding area in relation to the previous license within a radius of 100 m from the station.

4. In the event that changes have been made to the facility in relation to the plans already submitted accompanying the Certificate of Legal Operation, then complete (where applicable) supporting documents relating to these modifications shall be submitted. After checking the supporting documents relating to the modifications, if it is found that the terms and conditions for operation provided for in the legislation in force are met, the new modified Certificate of Legal Operation shall be issued.B2Green

5. The Certificate of Legal Operation of the station may, if it is found at any time that the terms and conditions under which it was granted no longer exist, be temporarily withdrawn until the deficiencies are remedied, or permanently withdrawn by a reasoned special decision of the Authority that granted it.

6. In the event of transfer or concession of the station, the Certificate of Legal Operation is granted to the new beneficiary upon submission of a Fire Safety Certificate in the new name, with a deposit of €58 for the station and €29.5 for each additional installation, a solemn declaration under Law 1599/1986 by the new beneficiary, stating that they have the legal right to operate the station, that all the terms and conditions of the applicable legislation are complied with, and that no changes have been made to the station.

7. The station operator must renew the Fire Safety Certificate in a timely manner and in accordance with the relevant provisions.

8. The Certificate of Legal Operation is notified to the relevant Building Authority, the relevant Police Authority, and the Fire Department of the area.

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