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The future Sustainable Mobility Law establishes which public and private bodies must have Sustainable Mobility Plans and Sustainable Transportation to Work Plans.

MITMA recently presented the basic guidelines on which the future Sustainable Mobility Law will be governed. This law will establish a series of new obligations for both public administrations and companies of a certain entity that should contribute to developing a more sustainable way of commuting.

Part of these new obligations are framed in the requirement for the development of Sustainable Mobility Plans and Sustainable Transportation to Work Plans, respectively. Some requirements that are framed within Title II, Chapter II, Section 1, on Mobility Planning and Management Toolbox.

Articles 24 and 25 collect the requirements for those who must conduct Sustainable Mobility Plans, and article 26 collects the obligations for those who must achieve a Sustainable Transportation to Work Plan. Within the Sustainable Mobility Plans, two distinctions are made, one referring to requirements for local bodies, and another to requirements for large activity centers. We review each case in turn.

Sustainable Mobility Plans of local bodies

Within one year from the entry into force of the Sustainable Mobility Law, all municipalities with more than 20,000 inhabitants and less than 50,000 inhabitantswill be required to draw up a Simplified Sustainable Mobility Plan.

These Sustainable Mobility Plans should be reviewed every 5 years, and should be developed based on the methodological guidelines documents provided for in article 18 of the same Sustainable Mobility Law. These documents will be complementary to the Sustainable Mobility Orientation Document or DOMO, a roadmap that we will certainly have to learn by heart in the coming years.

There is the possibility that the Autonomous Communities may recommend or require municipalities not framed between 20,000 and 50,000 inhabitants to draw up a Simplified Sustainable Mobility Plan. A requirement that may also affect supramunicipal bodies and groupings of municipalities.

The bodies that are forced to process these plans must develop a monitoring report every 3 years, which should not be confused with the five-yearly review of the Sustainable Mobility Plan. This report must disclose the degree of implementation of the proposed actions.

Sustainable Mobility Plans for large activity centers

In the case of activity centers, the Sustainable Mobility Law does not establish a closed criterion, leaving it up to MITMA and the Ministry of Labour and Social Economy to establish criteria to identify the large activity centers that are obliged to develop a Sustainable Mobility Plan.

Likewise, they must remember aspects such as the surface area of the activity center, the number of companies located there, the workers affected by the same work shift or mobility on peak days and hours.

Once these criteria are established and approved by MITMA, the activity centers concerned will have 18 months to approve a Sustainable Mobility Plan that must also be reviewed every 5 years. As an additional measure, they must have a Mobility Manager from the activity center, although the specific tasks are not specified.

Sustainable Transport to Work Plans

It is in the case of Sustainable Transportation to Work Plans where companies come into play. According to article 26 of the future Sustainable Mobility Law, those public bodies and companies with work centers with more than 500 people, or more than 250 people per shift, will be required to have a Sustainable Transportation to Work Plan.

Answering the question of what a work centre is, we consider the definition of Article 1.5 of the revised text of the Workers’ Statute Law, which states that A work center is considered to be a production unit with a specific organization that is registered as such with the labour authority.”

Companies included in the previous precept must have a PTT within 18 months of the entry into force of the Sustainable Mobility Law. These Transportation to Work Plans should have regular monitoring reports every 2 years.

Sustainable Transportation to Work Plans should also be negotiated with the relevant legal representation of workers.

Where possible, the TTPs shall include sustainable mobility solutions that promote active mobility, collective transport, electric mobility and shared or collaborative mobility. In addition, safety and accident prevention measures shall be included for commuting to the workplace.

Finally, article 26 states that those workplaces with more than 1,000 employees in municipalities with more than 500,000 inhabitants must include measures to reduce the mobility of workers at peak times, and promote the use of low or zero emission means of transport.

Final conclusions

In summary, it should be noted that once this law is implemented, most municipalities will be required to develop a Sustainable Mobility Plan, either by the Sustainable Mobility Law or by the guidelines of the Autonomous Communities. In case of Transportation to Work Plans This engagement concerns companies and government bodies with a large number of employees, a key measure in the idea of working with those workplaces that generate most of the daily commuting.

Any questions about Mobility Plans and Sustainable Transportation to Work Plans? Do you have in mind to implement a Sustainable Transportation to Work Plan in your company? Get in touchwith us and we’ll help you get started.

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