NATIONAL DIRECTION OF VIALITY Regulation. DECRECT N° 6.937 Bs. As., 30/10/58.
In use of the power conferred by article 86, paragraph 2 of the National Constitution,
The President of the Argentine Nation, Decrete: CHAPTER I
Article 1 - The administration of the National Road Authority shall be exercised by its Board within the requirements of Decree-Law No. 505/58 - henceforth simply the Law- and the present regulatory decree.
CHAPTER II
Art. 2° - The Board shall meet weekly as many times as required by the dispatch of matters; it shall do so on fixed dates established by its own resolution as meetings of tables and, moreover, whenever it is cited by the President, on its own initiative or at the request of two or more Directors. - The quorum will be formed with the presence of four Directors, including the President or his replacement. - The Board's resolutions will be adopted in all cases by a majority of votes present. The President shall have a vote and a vote in the proceedings, and a double vote in the event of a tie. - Produced by this, and reopened the discussion, the President will inform his opinion in the event of its decisiveness. The Directors may not abstain from voting without ground, and in any case they may record in the record of the basis of their vote or abstention.
Art. 3rd - The meetings of the Board shall be broken by an accord. - The testimonies of them, endorsed by the President and the Registrar, shall make faith for legal and administrative purposes.
The Book of Acts will be bound and foiled.
Art. 4° - Revisions may only take place in sessions with a quorum equal to or greater than those in which the point was approved to reconsider, requiring a minimum of four votes for its favorable decision.
Art. 5° - In the collection and compilation of the general inventories of the values belonging to the National Road Authority, the rules issued for the State Property Registry shall apply.
CHAPTER III
Art. 6° - For the purposes of the provisions of article 20 of the Act, the Tax General Directorate shall have the powers to require producer, importing and selling companies to submit affidavits and monthly statistics on production and sales, or any information it considers of interest.
The National Road Authority shall return to the Directorate General Impositiva, exclusively, the expenses that are direct or immediate consequence of the control of the latter, to which it may replace in that task or entrust it in addition - as it deems appropriate - the collection and perception of taxes, celebrating the agreements necessary for this purpose.
Article 7: The exemption provided for in article 18 (n) of the Act shall apply to fuels and lubricants used exclusively on aircraft, and shall be subject to the requirements of special regulation.
CHAPTER IV
Art. 8° - The National Road Authority shall determine the proportion in which the funds resulting from the application of article 22 (b) of the Law shall be distributed between the roads of international linkage, National Parks and Reserves and access to ports, airports and other national utility establishments. It will take into account, for this purpose, the importance of public interests to be met through the execution of such paths. The construction plans approved by the National Road Authority, in consultation with the respective ministries or agencies, for the investment of these resources in accordance with the proportion determined by it, will include the necessary funds for the different stages of construction, reconstruction and improvement, the acquisition and maintenance of equipment and the care of the administrative and project costs motivated by these works.
Art. 9° - To determine the percentages set out in article 23 of the Law, investments in road resources and consumption of nafta and gas-oil corresponding to the previous immediate period of each Province shall be considered. In the amount of investments of their own resources, up to 10 per cent of administrative costs and financial services may be accepted.
CHAPTER V
Art. 10. The National Road Authority may declare the impact on the public domain of land that contains materials of any nature, suitable and necessary for the execution of road works, even though these lands are outside the area of the road and its annexed works.
Art. 11. - The land that is ultimately not necessary for the intended destination, and is not useful in the immediate future for annexed works (smalls, walk-in posts, homes, etc.), may be qualified as "objects" by the National Road Management and disposed of by it with the requirements and in the manner that determine the existing legal provisions.
Art. 12. - For the purposes of article 25, paragraph 4, of the Act, "combined works" means those in which the involvement of adjacent areas and the special subdivision thereof, are in conformity with the need for partial or total financing of such works through the commercialization of the land covered in those areas.
Art. 13. - The technical expertise referred to in article 25 of the Act shall be carried out by the experts designated by the National Road Authority for this purpose, and shall conform to the following rules:
(a) The price to pay shall only include the objective value of the good and the damages that are a direct and immediate consequence of the acquisition. No loss of profits will be paid. The value of the property should be estimated by the asset if the work had not been executed or authorized;
(b) The rates will include:
1 - The real value of land or materials at the time of acquisition;
2 - The value of the materials incorporated into the land acquired;
3 - The estimate of compensation for damages, detriments and erogations that are immediate and direct consequence of disposal;
4 - If only partial acquisition of any property is necessary and there is a surplus that is inappropriate for its use or rational exploitation, the National Road Authority may dispose of its total acquisition when it so agrees to its interests or is required by the owner, in which case the values of the inadequate leftovers will be included.
Art. 14. The exclusive right of ownership of the Nation over national roads and related works shall not affect the police power of the provinces and municipalities within their respective jurisdictions, whereas the exercise of that power is not incompatible with that of the Nation.
CHAPTER VI
Art. 15. The National Road Authority shall make the necessary arrangements to obtain the settlement of the provinces within the time limit set by article 29 of the Law. Federal participation shall be effective in the receiving provinces provided that their own laws of viality or accommodation expressly and clearly establish the requirements of article 29.
Art. 16. - A provincial law that meets these requirements, the National Road Authority shall grant the federal co-participation to the province that has promulgated it and shall make available, in the manner prescribed by law, the resources corresponding to it in the relevant distribution.
Art. 17. - In accordance with articles 3rd, last paragraph, and 28, first paragraph, of the Act, the provinces may assign, from their respective annual quota, up to a maximum of 10 per cent for the conservation of federal co-participation roads and the acquisition of necessary mechanical equipment for this purpose.
Article 18. According to the provisions of article 33 (a) of the Act, the provinces shall submit periodic plans indicating the works to be carried out within each month and the approximate amounts to be invested in them. The National Road Authority may reduce monthly shipments of funds when, after a period of time, the contributions referred to in subparagraph (c) of the same article are higher than 30% of investments made in federal shareholdings. The reduction will be made to the extent necessary to achieve this percentage, and the amounts accumulated through it may be added to the later in the funds, provided that the regime and the progress of the works so justify.
Art. 19. - The receipts that the provinces extend from the monthly amounts given, in accordance with the orders referred to in article 33 (c) of the Law, shall serve as a disclaimer for the accounts of the National Road Traffic Authority.
Art. 20. - The National Road Authority may suspend monthly transfers of funds to the provinces, when through its inspections it checks anomalies in the progress of the works or in the investments provided for in the periodic plans. The suspension shall be maintained until such anomalies are disappeared or resolved.
CHAPTER VII
Art. 21. - In order to establish the dimensions and limits of load by axis of vehicles that transit through the roads of the national troncal network -- in exercise of the attribute agreed to by article 42° of the Law, the National Road Authority may take into account, among other factors, the characteristics of the different roads and their works of art.
Art. 22. The National Road Authority shall, in each case, establish the date on which the provisions it adopts in order to the provisions of the preceding article shall enter into force, giving them publicity and communicating them, in addition, to the provincial governments, to which it shall manage the necessary measures for their implementation.
Art. 23. - Please refer to the National Road Authority to remove any installation or notice of propaganda that is placed in the area of national roads, including its roads, works of art, road signs and limitrophies, in contravention of the provisions of Article 95 of the General Regulation of Transit approved by Law No. 13.893.
CHAPTER VIII
Art. 24. The Ministry of Economy shall establish within 45 days the necessary regulations to give effect to the perception of the taxes created by Decree-Law No. 505/58 and 5.574/58.
Art. 25. - This decree will be endorsed by the Ministers Secretaries in the Departments of Public Works and Services, National Defence, Interior and Economics.
Art. 26. - Communicate, publish, give to the General Directorate of the Official Gazette and Prints and archvese.
FRONDIZI. - Right P. Villar. - Alfredo R. Vitolo.
