The regulation that will govern cab services and chauffeur-driven transport vehicles (VTC) in the Balearic Islands enters a decisive phase after receiving the opinion of the Consell Econòmic i Social (CES), a mandatory but non-binding report that marks a series of important adjustments to ensure the regulatory quality of the text. Although the final criterion is favorable, the CES explicitly proposes to reorganize the structure of the decree, concentrating in a single title everything that cab and VTC share.
-
Cab and Uber regulations move forward, although IB Dona asks to polish the language to avoid “sexist uses”.
-
A change in the regulation on the length of cars baffles Ibiza cab drivers
A proposal for a thorough restructuring of the decree
The CES considers that, as it is drafted, the decree disperses common rules to cab and VTC in several blocks, duplicating articles or repeating contents with small variations. It therefore proposes a “positive” reordering, very detailed, which would simplify and give more solidity to the text.
“The ESC proposes an alternative structure (…) in which all aspects common to cab and ATC are located, and Title III is reserved only for the specificities of the cab,” the brief says.
The objective is clear: “This proposed regulatory reorganization would contribute to meeting the requirements of clarity and internal consistency”.
The ESC also criticizes the fact that the current decree dedicates Title III to cabs, when, according to its analysis, it could be clearer to reserve this title for “specificities” and keep what is common in a single block. It stresses that this decision is not only a formal issue, but also affects legal certainty and the internal perception of the text.
Cabs must be strengthened as a “service of public interest”.
Another focus of the opinion is the need to emphasize a key element of the balance between cab and VTC: the public nature of the former. The ESC points out that the decree mentions this category, but does so insufficiently and without the necessary emphasis.
The advisory body suggests that this condition be made more explicit in the articles and not only in a dispersed manner. According to the CES, this reinforcement would more solidly justify specific cab obligations -such as continuous availability, holiday coverage, high season service, priority of certain time slots or adaptation for people with reduced mobility- that do not apply to VTCs to the same extent.
In other words: the ESC believes that the decree should make it clearer why cab and VTC cannot be regulated in exactly the same way.
Occasional inconsistencies: symptoms of a text that still needs to be refined
The ESC also detects “minor inconsistencies” and drafting errors. The most obvious example is an article in the chapter dedicated to VTCs in which “public cab service” is inappropriately mentioned.
The observation is literal: “In the article relating to the ATC, reference is made to the public cab service, which is an inconsistency that should be corrected”.
The ESC clarifies that these inconsistencies do not necessarily derive from the separation between titles, but from the complexity of the decree itself and the process of compiling different versions.
Environmental justification and proportionality: improvement of the preamble
The opinion also suggests strengthening the legal argumentation of the preamble, especially in terms of environmental criteria and limiting the number of VTC per island. The ESC states: “It would be advisable to deepen the motivation of the environmental criteria applied in the text”.
According to the CES, the more solid this motivation is, the more robust will be the defense of the decree against possible appeals, a delicate aspect because the VTC sector usually litigates this type of regulations.
A decree practically closed
The ruling comes as the Govern is already working with a fifth draft of the decree, whose function is precisely to integrate technical and language improvements. The V5 includes:
-
terminology corrections and adaptation to inclusive language,
-
cleaning of confusing items,
-
formal adjustments to ensure internal consistency.
But it does not modify the substantive elements already fixed in V4:
-
minimum length of vehicles,
-
five-yearly review of the number of licenses,
-
hiring and closed price of the cab,
-
VTC price limits (max. +75% in high demand),
-
disciplinary regime and service obligations.
In summary: the V5 confirms that the decree is practically ready, pending only the final legal reports.
What remains to be done for final approval
As the General Directorate of Mobility explained to La Voz de Ibiza, the procedure now continues with:
-
Legal Services of the Conselleria, which must issue a report.
-
Consell Consultiu, which will issue an opinion on the text.
-
Consell de Govern, which will approve it definitively.
From that moment on, the decree will come into force and the period for municipalities and councils to adapt their ordinances within a year will be opened.
Continue reading:
