Key Benefits:
Bs. As., 16/6/92
VISTO Act No. 12,346 and its amendments, Act No. 23,696 on State Reform; Regulations No. 27,911 of 17 April 1939 and 1929 of 3 December 1987, amendments and supplements and Decree No. 2284 of 31 October 1991; and
CONSIDERING:
That Decree No. 2284/91 has initiated a process of deregulation of the Argentine economy, aimed at eliminating those obstacles that hinder economic expansion, limit investments and generate inadequate allocation of resources.
That the National Government has implemented a comprehensive programme of transformation of the national transport system, aimed at rationalizing the supply of services, expanding investments and reducing costs, in the perspective of contributing to the increased competitiveness of the economy and improving the quality of services.
To this end, it is appropriate to adapt the regime of the land transport of passengers to the principles of opening and competition that the National Government has implemented in other transport sectors in order to ensure the harmonization of the operating modalities of the different components of the transport system.
On the other hand, the demand for passenger transport services has increased and will be increased in the future as a result of the reconversion of rail services and the relative advantages they have in terms of flexibility and diversity.
That for such reasons, the passenger car transport market is in a situation in which the demand is not properly satisfied in time, form and quantity of services.
That the protection of the general interest requires the reorganization of the records and the revision of the requirements for the exercise of the transport activities, with the aim of specifically ensuring the necessary control of the services, the compliance of the rules in the fiscal and insurance field, and the respect by the carriers of the rules concerning the mechanical and security control of the units.
That the fleeting transport, although it has achieved considerable expansion, is governed by a regulation of more than half a century that, in the current circumstances, is absolutely inadequate for the organization of quality and low cost transport services for the public.
That under Decree No. 2284/91 the implementation of a modern regime for the carriage of passengers, which allows the organization of services in free competition and the increase of supply in quantity, variety and quality, strengthening the links between the provinces and regions of the Republic, all without prejudice to the guarantee of proper supervision and control of the services.
That the regime approved by the present will allow all established companies and those that are incorporated in the future to serve freely on all routes, also ensuring the continuity of public services in those routes that determine the authority of application.
That the regime adopted by the present in the field of passenger transport allows the harmonization of public service obligations with a system of free traffic services, reconciling the principles of free competition and guardianship of the general interest.
That the posting activity has been declared "subject to privatization", so that under Article 10 of Law No. 23.696 the NATIONAL EXECUTIVE PODER has been empowered to exclude those provisions that hinder the process of privatization and deregulation by establishing privileges or distorting monopolies of market freedom.
That by the above considerations, it is necessary to remove rules that prevent passenger transport companies from carrying correspondence.
That the present regime determines the modalities of the provision of the tourist services, tending to the development of them in order to evaluate the important potential with which, in this field, the Nation also avoids the dilution of its specificity both commercial and economic.
That the establishment of a single Passenger Transpose Registry will allow the concentration and reorganization of different controls, nationalizing the use of resources and avoiding the overlap of procedures and requirements.
That the national ports and airports subject to federal jurisdiction, and in order to facilitate the best access to them, the free entry of passenger transport services, including the taximeter service, must be made available.
That the NATIONAL AERONAUTICA POLICY and the NAVAL ARGENTINA PREFECTURA, as the authorities responsible for the security and order within the jurisdictions of the airports and the ports, should be responsible for ensuring the access and security of the providers of the services involved in the present.
That for the success of the present deregulation scheme in a framework of indispensable order, it is advisable to have a single monitoring and control agency, that guarantees the quality of the services, meets the demands of the users, detects the fallacies and possible manoeuvres that affect the free game of supply and demand or the rules of a healthy and indispensable competition.
That the present decree is issued in the use of the powers granted by Article 86 Subparagraphs 1 and 2 of the National Constitution.
Therefore,
THE PRESIDENT OF THE ARGENTINA DECRETA NATION:
PART I
GENERAL PROVISIONS
Article 1 - ENVIRONMENT OF IMPLEMENTATION - The present Decree shall apply to the carriage by motor of passengers by road that develops in the field of national jurisdiction, including interjurisdictional transport:
(a) Between the Provinces and the Federal Capital;
(b) Between Provinces;
(c) In the national ports and airports, including, or between, any of them and the Federal Capital or the Provinces.
It is excluded from the application of the present the transport of persons that develop exclusively in the Metropolitan Region of the City of Buenos Aires, according to the delimitations established by the authority of application of the present.
Art. 2° - COORDINATION - The implementing authority of the present may coordinate with the provincial authorities the implementation of these regulations, in order to achieve a more efficient organization or control of inter-jurisdictional and international transport services, through the unification or complementation of procedures, for which it may conclude agreements or conventions.
Art. 3rd - CLASIFICATION. Automotive transport defined in Article 1 is classified as:
a. Public services.
b. Free traffic services.
c. Executive services.
d. Transportation services for tourism.
e. Those established by the Implementation Authority in the future.
(Article replaced by art. 1 Decree No. 818/2018 B.O. 12/9/2018)
PART II
NATIONAL REGISTRATION
Art. 4° - Believe the NATIONAL REGISTRATION OF AUTOMOTOR TRANSPORT. They will be included in the register:
1 - The borrowers carrying out transport under the Public Service and Free Traffic Regime, whether inter-jurisdictional or international.
2 - Providers of the executive service and transport for tourism with the characteristics of such services.
PART III
OF SERVICE OPERERS
Art. 5° - REQUIREMENTS Operators of passenger car transport services, whether natural or legal, shall meet the requirements set out in the following articles.
Foreign or legal persons of total or part foreign capital may carry out any type of transport on an equal basis with Argentine persons under the present regime.
Art. 6° - FISIC PERSONS - Physical persons shall meet the following requirements:
(a) Be inserted into the merchant license plate.
(b) To be registered with the relevant tax and forecasting agencies.
(c) Poseer domicile in the country.
Art. 7° - JURIDIC PERSONS - Legal persons shall be constituted by adopting the corporate types established in the commercial law, either as companies of persons, capital or cooperatives, and must be based in the Argentine territory.
The Business Transition Unions must meet the requirements of Act No. 19.550 (t. 1984).
Art. 8° - SOCIAL OBJECT - In the case of passenger transport, the constitutive contract or the corporate status shall include as a social object the exploitation of motor transport in general, or the mention of the specific provision that is appropriate, regarding the transport of persons.
Art. 9° - SECURITY ZONES - Exclude from the application of the Border Security Zones regime to any natural or legal person carrying out passenger transports or cargoes within those Areas, regardless of the mode of transport.
To this end, the regime established by Decree-Law No. 15,385/44, ratified by Act No. 12,913, nor the Regulatory Decree No. 32,530 of 21 October 1948 shall not apply to such transportation activities.
Art. 10. - CARGA TRANSPORT AND CORRESPONDENCE - Passenger transport companies can carry loads and correspondence in the authorized compartments for this purpose, in the same vehicles for the transport of passengers, according to the regulation that for this purpose establishes the authority of application of the present jointly with the SUBSECRETARIA DE COMMUNICATIONS dependent on the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES.
PART IV
RODANT MATERIAL
Art. 11. - TECHNICAL QUALITIES - The design of vehicles affecting motor vehicle transport services should observe the general transit arrangements that govern the whole area of the Republic in terms of weights, dimensions and security devices.
The enforcement authority may set more restrictive guidelines as long as these are aimed exclusively at preserving the safety of transport and transit. It may also establish such restrictions as may be necessary for the preservation of the environment.
Art. 12. - RADICATION - Vehicles that integrate the mobile park must be permanently and permanently registered in the ARGENTINA REPUBLIC, with the exception of those units intended exclusively for international transport services.
In the National Register, data relating to the ownership of vehicles that permit the identification of vehicles must be registered. The rolling material affecting the provision of the services must be owned by the owner in respect of the provision of the services, in order to accompany the title that accredits it, or to find itself under contract of "leasing" celebrated in its respect by the permissionary company. The purpose of the contract shall be to grant the use and enjoyment of the vehicle unit, and the price shall be reflected in a fixed amount previously stipulated, irrespective of the collection resulting from such use, and of any other erogation that the same occasion.
In addition, the personnel involved in the conduct of vehicles included in a contract of "leasing" or in other contracts referred to in the following paragraph shall be dependent on the operator of the service. Failure to comply with the provisions of this paragraph shall, without proof to the contrary, presuppose the conduct of a passenger car service in violation of the authorized modalities, and shall be covered by such conduct in the provisions contained in the current Penalties Act.
Vehicles currently affected to the services whose possession takes place by virtue of legal figures other than those mentioned above may be used during the period of UN (1) year or until the time of the expiration of such vehicles in the event that the latter took place before.
The Implementing Authority may establish regulations for the impact of used-type vehicles on the provision of inter-urban and international passenger transport services, establishing their technical and design conditions, and the kinds of services in which they can be used.
Such provisions will include guidelines for special vehicles for transport of persons, for sport tourism benefits.
(Article replaced by Article 1 of the Decree No. 808/1995 B.O. 27/11/1995)
PART V - TRANSPORT OF PASAJEROS
CHAPTER I - DEFINITIONS
Art. 13. - PUBLIC SERVICE - It is a public service for the transport of passengers, everyone who has the purpose of meeting with continuity, regularity, generality, obligation and uniformity on an equal footing for all users, the general requirements for transport.
The implementing authority shall take action in the regulation of public services, in the granting of permits, in the determination of routes, frequencies, hours and maximum rates, and in the control and control of them.
Art. 14. - LIBRE TRAFFIC SERVICES - Free traffic services are those for which there is no restriction on the fraction of the routes or itineraries, frequencies, schedules, fees, characteristics of vehicles and conditions or modes of traffic.
Carriers who perform a public service on a journey that exceeds the CINCUENTA (50) kilometers, under the conditions established by the implementing authority, may perform free traffic services on any route, including in competition with public services.
Art. 15. - TRANSPORT SERVICES FOR TOURISM - The transport service for tourism is the one that is carried out in order to attend to a tourist programming.
The Implementing Authority shall provide the necessary rules for determining the characteristics of the transport services for tourism, establishing the modalities of the provision and the conditions of operation, taking into account in the relevant manner the guidelines established by the TURISM GOVERNMENT SECRETARY, with dependency on the General SECRETARY of the NATIONAL PRESIDENCE or the body with specific competence that replaces it in the future.
(Article replaced by Article 3 of the Decree No. 818/2018 B.O. 12/9/2018. The TRANSPORT MANAGEMENT SECRETARY of the TRANSPORT MINISTERY shall determine the date from which it shall enter into force)
Art. 16. - LIST OF PASSESSMENTS The services for tourism must be transported exclusively by passengers destined to carry out the tourist programming and passengers may not be transported in the list or road map previously made.
Art. 17. - EXECUTIVE SERVICE It is the one that presents characteristics of a high level of comfort and comfort, according to the regulations that establish the authority of application.
This service will be provided with the same conditions governing free traffic, without the obligation for the carrier to perform a public service.
CHAPTER II - PUBLIC SERVICES
Art. 18. - PERMISS - The exploitation of the public passenger automotive transport service will be awarded through a prior permit, whose validity will have a deadline of TEN (10) years.
The award of a permit under the system of public service shall entail the obligation for the person to provide the services under the conditions established by the enforcement authority, and shall also allow him to access, in freedom of condition, the exploitation of any traffic service free of federal jurisdiction.
Art. 19. - IMPLEMENTATION OF PERMISSION. Public service companies may apply for the adequacy of each permit, according to the variations observed in service offers or in transportation demands.
In this regard, they will be able to expand the traffic modalities that are exclusively interjurisdictional, without varying the categorization of services. This modification must be communicated in advance of TREINTA (30) days to the Application Authority and maintained for a minimum period of NUEVE (9) months. When the expansion involves intraprovincial traffics, the express authorization of the aforementioned Authority shall be required, subject to conformity of the provinces involved.
They may also increase the authorized frequencies of their services without limitation. Such increases may be lent over the entire or part of the authorized trace. Such modifications should be communicated in advance of TREINTA (30) days and maintained for a minimum period of THREE (3) months.
They may also request the reduction of frequencies in the public services they perform. This reduction will be equivalent to the added supply of public service or free traffic, if any, on the lines of the company concerned, measured in vehicles kilometers.
Once the frequency reduction has been granted, the company will not be able to apply for the provision of new public services or to request the realization of free traffic, in the corridor in question, in the period of DOCE (12) months following.
The Implementation Authority will therefore resolve, taking into account the above, the traffic modalities and any other element that is linked to that aspect, and may reject the request for reduction for reasons based on public interest, in order to maintain the service where necessary.
(Article replaced by Article 1 of the Decree No. 808/1995 B.O. 27/11/1995)
Art. 20. - PUBLIC SERVICE DECLARATION - The application authority shall establish the new public services required in the various routes, taking into account the needs and demands of transportation and the requests or claims of users.
The application authority may grant more than one permit on the same route.
Art. 21. — PERMISS OPERATION. The Implementing Authority shall grant permits for the exploitation of public services, subject to the substantiation of the public tendering procedure, on the basis of the requirements set out in the respective General and Particular Conditions. The above-mentioned Authority may award the services to all applicants submitted to the bidding process, subject to a finding of full compliance with the requirements set out in the solicitation of General Conditions, provided that the number of such persons is not excessive to meet the need for transportation in the new established line.
This Authority shall promote at least once a year the public tendering procedure referred to in this article.
(Article replaced by Article 1 of the Decree No. 808/1995 B.O. 27/11/1995)
Art. 22. -PUBLIC LICITATION. The procedure for public tendering shall be based on the general and private terms, which shall respectively contain different guidelines aimed at promoting increased supply, improving the quality of services, developing regional economies and, in addition, specific requirements for the public service to be granted. The requirements contained in these folds may not limit the entry into the market of new lenders.
(Article replaced by Article 1 of the Decree No. 808/1995 B.O. 27/11/1995)
Art. 23. - AUTOMATICAL RENOVATION - (Article repealed by art. 15 Decree No. 2407/2002 B.O. 28/11/2002. Watch: from the day of publication in the Official Gazette)
Art. 24. - ACEPTATION - Once the permit has been granted, the awardee must agree to give effect to the acceptance within the TREINTA (30) days following the notice by the application authority, under the expectation of decaying its right.
Art. 25. - OBLIGATIONS OF THE PERIOD - These are obligations of the assignee:
(a) To comply with all obligations arising from the permit, and by doing so to provide the service under the guidelines of continuity, regularity, generality, uniformity on an equal basis and obligation.
(b) Respect the maximum rate value set.
(c) Hiring insurance that supports the risks associated with the provision of the service, with users and with third parties transported and not transported.
(d) To present to the implementing authority the statistical information required.
Art. 25 bis. - SESSION. Exploitation permits for the public passenger transport service by inter-jurisdictional motor may not be fully or partially transferred without the express authorization of the SECRETARIAT FOR TRANSPORT. The physical or legal person who is a transferee shall meet the qualifications and conditions required to be the holder of a permit in order to ensure the efficiency and continuity of the service, and shall also assume to his or her responsibility all obligations which were the responsibility of the assignor, linked to the provision of the transport service.
The Applicable Authority shall establish the requirements that shall contain the respective transfer request.
(Article 2 of theDecree No. 808/1995 B.O. 27/11/1995)
Art. 25 ter. — Transfer of assignment of permits shall be authorized only when it is carried out exclusively in permissionary enterprises of public services of national jurisdiction, whether inter-provincial or international.
The Implementation Authority shall assess whether the requested transfer or assignment is aimed at the monopolization of the offer in the broker concerned, in which case it may refuse the respective request, in order to ensure the diversification of operators.
The transfer or assignment shall be understood to be improved once authorized by the Authority, through an act founded, duly notified and consented by the assignee. The assignor company may not apply to the selection procedure regarding new frequencies in the same trace to which the service which was transferred within a period of CINCO (5) years after the transfer was perfected.
(Article 2 of theDecree No. 808/1995 B.O. 27/11/1995)
CHAPTER III - LIBRE TRAFFIC SERVICES
Art. 26. - PREVIOUS COMMUNICATION - Public service carriers may develop free traffic services on any route of national jurisdiction, following communication to the enforcement authority, with a deadline not less than TREINTA (30) days before the initiation of new services.
The communication carried out in the form and time established will result in the effects of an automatic authorization in respect of the communiqué, not being able to modify the conditions of the provision without prior communication. The data of the services will be entered in the respective Register with the date of receipt of the communication, as well as any modifications reported by the carriers.
In such communication, the carrier shall report on the services it decides to provide, and in particular:
(a) Origins and destinations to link and routes to be carried out, specifying the stops and the traffic of intermediaries to be carried out.
(b) Frequencies, schedules and fees.
(c) Type of vehicle with which you will develop your benefits, specifying the number of seats and the amenities or services provided on board. This vehicle must integrate the authorized fleet of the company concerned.
These specifications, which should also be made known to the public, have the essential purpose of providing information to users so that they have real possibilities to compare the qualities and rates of the different services and providers.
Art. 27. - MODIFICATIONS - Any modification to any of these specifications shall be communicated to the application authority in advance of TREINTA (30) days corrected.
The deletion of frequencies or services will be communicated with an anticipation of SESENTA (60) run days, and will be duly informed to users at the ticket sales sites.
Art. 28. - I'll take care of it. In order to ensure minimum conditions of regularity and safety to the user public, and without prejudice to seasonal benefits, free traffic services should be maintained for the period of NUEVE (9) months. In the event of the absence of an authorized free traffic service, or, having begun, was suspended prior to the term mentioned, in addition to the expiry of the service in question, the carrier involved will be disqualified from requesting new free traffic services during the period of DOS (2) years.
(Article replaced by Article 1 of theDecree No. 808/1995 B.O. 27/11/1995)
Art. 29. - STATISTICAL INFORMATION - Providers of free-trafficking services shall provide statistical information on the services they perform, in accordance with the guidelines determined by the implementing authority.
Art. 30. - TRAFFIC SERVICES OF STATIONAL CHARACTER Free traffic services may refer to seasonal benefits, or frequencies that increase or decrease according to the variation of market trends during different periods of the year; for which the transporters must expressly communicate the transport plan for such benefits, being excluded from the scope of the duty of continuity.
Art. 31. - SPECIAL VIEWS OR OCHAIRPERSONS - Public and executive transport companies may make special or occasional travel, without a special permit for this purpose. The travel of this nature shall be communicated to the implementing authority on a regular basis.
Special or occasional travel shall not be subject to mileage or minimum or maximum duration limitations.
When special travel is to be carried out between headers with public services or free traffic, or which can be linked by the combination of these services, it will not be mandatory to carry out transportation through existing services.
Art. 32. - TERMINAL STATIONS OF THE AUTAN CIUDAD OF GOOD AIRES - Public services and free traffic services that have as their origin, scale or destination the AUTÓNOMA CIUDAD OF BUENOS AIRES, shall operate from and to the TERMINAL ESTATION of ÓMNIBUS RETIRO, or from and to the TERMINAL ESTATION of ÓMNIBUS DELLEPIANE. The Implementation Authority shall have the necessary measures to ensure the free access of carriers to the aforementioned terminals.
(Article replaced by art. 1 Decree No. 763/2016 B.O. 8/6/2016. Watch: from 1 December 2016, established by art. 1 of the Resolution No. 82/2016 of the Transport Management Secretariat B.O. 24/11/2016).
CHAPTER IV - EXECUTIVE SERVICES
Art. 33. — In order to perform the executive service, the standards approved by the implementing authority must be complied with.
CHAPTER V - TOURISTIC TRANSPORTS
Art. 34. - PREVIOUS HABILITATION - In order to carry out transport services for tourism of national jurisdiction, the pre-appointment of the Authority of Implementation of this Decree shall be required.
(Article replaced by Article 4 of the Decree No. 818/2018 B.O. 12/9/2018. La TRANSPORT MANAGEMENT SECRETARIAT OF TRANSPORT MINISTERY shall determine the date from which it shall enter into force)
Art. 35. - FREEDOM OF CONDITIONS - Transport companies for tourism can freely establish the routes, fares, modalities and maximum or minimum durations of the services they provide.
Art. 36. - (Article Derogated by Article 5 of the Decree No. 818/2018 B.O. 12/9/2018. La TRANSPORT MANAGEMENT SECRETARIAT OF TRANSPORT MINISTERY shall determine the date from which it shall enter into force)
Art. 37. — The carrier authorized to carry out transport services for the tourism that, using the permit, performs transport benefits under the conditions provided for public transport services by automotive of passengers of an urban, suburban, interurban or international character, in violation of the modalities established and authorized in the present regime, shall be liable to the penalties provided for in the Regime of Penalties in force, without prejudice to the possibility of registration
(Article replaced by Article 6 of the Decree No. 818/2018 B.O. 12/9/2018. La TRANSPORT MANAGEMENT SECRETARIAT OF TRANSPORT MINISTERY shall determine the date from which it shall enter into force)
Art. 38. - TRANSPORT COMPANY Passenger transport companies inscribed in the National Register, which provide public or executive services, may provide tourist services in accordance with the modalities provided for in the present Regulations, to which effect they shall only communicate such decision to the implementing authority.
Art. 39. - COMMUNICATION REQUIREMENTS - In the above-mentioned communication, the carrier shall report only:
(a) Identification of the unit and its characteristics and, if any, mention of the owner and the contract under which the possession of the vehicle is held.
(b) Place of departure, itinerary to meet, and place of arrival with mention of the departure and return dates.
(c) Reason that originates the journey.
PART VI
TRANSPORT OF PASSESSMENTS IN THE PORTUARY AND AIRPORTEUR
UNICO CHAPTER
Art. 40. — In all national ports, airports and airfields, taximeters may be entered in any jurisdiction for the promotion and descent of passengers and their transportation from and to the jurisdiction of origin.
When they are in service, the taximeters enabled in any jurisdiction shall not be subject to payment of parking, right or fee to entry or departure to the airports. The NATIONAL AERONAUTICA POLICY and the NAVAL ARGENTINA PREFECTURA will be responsible, as appropriate, for ensuring the safety of transporters and passengers and the compliance with the requirements of this article, within their respective jurisdictions.
Art. 41. — Authorize air transport companies, hotels, tourism companies, car rental or chauffeur remissions or without a driver, to provide transfer services to their customers between any port or national airport and duty stations; all without the need for special habilitation and with the only communication requirement to the enforcement authority of the present, which must carry a special registration to that effect.
Art. 42. — The implementing authority will provide pre- and post-air services for passenger automotive transport between the Federal Capital and the airport Minister Pistarini or from and to the airport Jorge Newbery, the other airports and the national ports within the deregulation guidelines established by the present.
Art. 43. — The authority of application, as well as the authorities of the ports, airports or airfields will take the driving measures so that the transport companies can install in the local port and aeroports of public attention or advertising notices of their services.
PART VII
COMPLEMENTARY AND TRANSITORY PROVISIONS
Art. 44. — The TRANSPORT MANAGEMENT SECRETARY of the MINISTERY of TRANSPORT shall be the Authority for the Application of this Decree.
Please provide the Implementation Authority with the creation of new categories and types of automotive transport services, in accordance with new requirements.
(Article replaced by Article 2 of the Decree No. 818/2018 B.O. 12/9/2018)
Art. 45. - REGLAMENT OF INSCRIPTION - The implementing authority shall issue the regulatory rules for registration in the National Register of Executive Transport Services.
Art. 46. - VIGENCE OF PERMISES Permits for the operation of regular public passenger services that are in force or in the process of renewal are automatically extended from the entry into force of the present and by the end of TEN (10) years.
Art. 47. - DACITY OF PROCEDURES - Determine the expiry of the procedures for the processing of applications for new permits, the modification of existing permits or transfers of permits whatever the status of the proceedings, the applicants being subject to the present regime.
Art. 48. — The holders of permits are automatically framed in the regime of this decree and registered in the registry established by the present.
Art.48 bis. — PATRIMONIO, GARANTIAS, TRANSFORMATIONS AND FUSIONS. The Implementation Authority shall determine the minimum assets to be provided by public service providers, transport services for tourism and executive services, which shall be proportionate to the benefits that are performed in each case. It shall also establish the type and amount of the guarantees that they shall constitute according to those services, which shall be established in accordance with the same criterion of proportionality.
It will also enable the transformation of the current operators, guiding the integration process through management agreements, business collaboration, corporate mergers or other forms of business reorganization.
(Article 2 of theDecree No. 808/1995 B.O. 27/11/1995)
Art. 49. - Believe the NATIONAL COMMISSION OF AUTOMOTOR TRANSPORT DE PASAJEROS whose structure and statutes will be elevated to the NATIONAL EXECUTIVE PODER by the SECRETARIAT OF TRANSPORT OF THE MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES within the NOVENTA (9O) days of the entry into force of this regulation.
Art. 50. — The NATIONAL COMMISSION OF THE AUTOMOTOR TRANSPORT shall be responsible, once constituted, for:
(a) Supervising and monitoring the current regime and its complementary standards.
(b) Dictate the regulations and approve the technical standards of the automotive transport services.
(c) Ensuring the validity of free competition and commercial loyalty.
(d) Participate in the development of policies for national and international automotive transport and collaborate in the design of guidelines for multimodal transport.
(e) Intervene in the development of bilateral and multilateral conventions.
(f) Fiscalize the activities of the operators in all respects, such as the state of mobile equipment and fixed facilities, in general insurance, psychophysical conditions of the driving personnel, establishment of rates of public passenger transport services and all other aspects established in the current regulations.
(g) Homologate specific equipment and materials in the automotive transport, according to the current regulations.
(h) Manage the National Transport Control Rate, controlling its collection.
(i) Organize and administer the National Register of Automotive Transport.
(j) Organize the Users Information and Claims Centre in order to ensure respect for consumer rights.
Art. 51. — The creation and operationalization of the NATIONAL COMMISSION ON THE AUTOMOTOR TRANSPORT OF PASAJEROS should involve the simultaneous deletion of all those units of the SECRETARIAT OF TRANSPORT OF THE MINISTERY OF ECONOMY AND ARTWORKS and SERVICES PUBLICS whose competences have been attributed to the NATIONAL COMMISSION OF THE AUTOMOTOR TRANSPORT.
Art. 52. — The enforcement authority shall extend to the consideration of the NATIONAL EXECUTIVE POWER within the SESENTA (60) days of the entry into force of the present, a draft regime of penalties that conforms to the guidelines of this Decree.
Art. 53. — Carriers may make the communications required in this regime, as well as the procedures in general, through the use of mails or other means, as determined by the authority of application, or through the provincial authorities or agencies in accordance with Article 2 of this Decree.
Art. 54. — The enforcement authority, together with the MINISTERY of JUSTICE, will arbitrate measures to facilitate the replacement of vehicle engines, and to implement the relevant documentation.
Art. 55. — Defrost Decrees No. 27,911/39, 1929/87, their amendments and supplements and any other rule that is contrary to the present. All SECRETARY Resolutions on Transport of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES opposing the present.
Art. 56. — Invite the Provinces to adhere to the principles of this regime.
Art. 57. — This Decree shall enter into force on the day of its publication.
Art. 58. - Communicate, publish, give to the National Directorate of the Official Register and archvese. - MENEM. - Domingo F. Cavallo.
(Note Infoleg: by art. 1 Decree No. 2407/2002 B.O. 28/11/2002 declares the state of emergency of the motor transport of passengers by road of an interjurisdictional character that takes place throughout the territory of the Nation by operators subject to the competence of the National Authority. Watch: from the day of publication in the Official Gazette)
(Note Infoleg: by art. 1 Resolution No. 425/2004 of the Transport Secretariat B.O. 6/7/2004 is suspended from 30 June 2004 inclusive, and as long as the emergency declaration made by Article 1 of the Decree No. 2407/2002the receipt of applications for registration and modification of permits for Free Traffic and Executive Services, with the exception of those contained in Article 2 of the Resolution No. 140/2000 of the SECRETARIAT OF TRANSPORT of the then MINISTERY OF INFRASTRUCTURE AND VIVIENDA, in the NATIONAL REGISTRATION OF PASSESSMENT TRANSPORT BY AUTOMOTOR created by Decree No. 958/92.
This measure does not affect the time limit for the suspension imposed by the Resolution No. 420/2003 SECRETARY OF TRANSPORT.
The Services of Free Traffic and Executives, during the duration of the suspension provided for in the first paragraph of the reference article, in terms of frequencies, rates, and characteristics of vehicles shall be in accordance with the provisions of Annexes I and II of Decree No. 2407/2002.
Article 2 of the same rule excludes from the provisions of Article 1 of the resolution of reference to the free traffic services of a seasonal nature provided for in Article 30 of Decree No. 958/92, which are provided during the periods specified by the Transport Secretariat for that purpose, which is applicable for registration under Article 3 of the Resolution No. 420/2003 of this Secretariat).
(Note Infoleg: by art. 1 Resolution No. 127/2001 B.O. Transport Secretariat 21/12/2001, text art. 3° of theResolution No. 17/2017of the Transport Management Secretariat B.O. 27/3/2017 is suspended from the day following the publication in the Official Gazette of the reference resolution (Res. 17/2017), the receipt of applications for registration for services for tourism in the NATIONAL REGISTRATION OF PASSESSMENT TRANSPORT by AUTOMOTOR created by Decree No. 958/92, until the final regulation applicable to such services is issued.
Note Infoleg: by art. 1Resolution No. 79/2009of the Transport Secretariat B.O. 10/3/2009 is terminated by the term of NOVENTA (90) days corridos, the suspension provided for in article 1 of the Resolution No. 127/2001 B.O. Transport Secretariat 21/12/2001, Applications for registration and modification of existing registrations may be received for the Transport Services by Automotive for Tourism in the NATIONAL REGISTRATION OF THE TRANSPORT OF PASAJEROS by AUTOMOTOR, created by Decree No. 958 of 16 June 1992. The term referred to should be computed from the day after the publication of the reference resolution in the Official Gazette of the ARGENTINA REPUBLIC)
Note Infoleg:by arts. 1 and 10 of theResolution No. 382/2005B.O. Transport Secretariat 17/6/2005 provides exceptions to the provisions of the article 1 Resolution No. 127/2001 B.O. Transport Secretariat 21/12/2001. Watch: from ten days of the date of publication in the Official Gazette.
(Note Infoleg: by art. 1st of the Resolution No. 420/2003 of the Secretariat of Transport B.O. 30/12/2003, is suspended by the time limit of CENTO OCHENTA (180) days, from the day 1 of January 2004 inclusive, the receipt of applications for registration and modification of permits of Free Traffic Services and Executive Services, with the exception of those contained in Article 2 of Resolution No. 140/2000 of the same Secretariat, in the NACIONAL REGISTER OF TRANSPORTE The Free and Executive Traffic Services, during the duration of this suspension, shall be adjusted in terms of frequencies, rates and characteristics of vehicles as set out in Annexes I and II of Decree No. 2407/2002. Article 2 of the above-mentioned rule excludes from the above provisions of the Free Traffic Services of a seasonal nature for the season from 1 January 2004 to 30 April 2004. )
(Note Infoleg: the extensions to the Definitive, Precarious and/or Provisory Permits for the provision of the Public Services of Automotive Transport of Passengers by Carretera de Carácter Internacional, whose holders are natural or legal persons of Argentine origin, can be consulted by clicking on the link "This rule is complemented or modified by standard X(s)". )
(Note Infoleg: by art. 1st of the Resolution No. 954/2006 B.O. Transport Secretariat 21/12/2006 extended as from 1 January 2007 and until 31 December 2007 or until such time as they are finally awarded after the relevant tendering procedure, which is first, the authorizations for the Automotive Transport of Passengers by Interjurisdictional Carriage Road that have been granted provisionally and in a precarious manner. Previous: Resolution No. 1026/2005 B.O. Transport Secretariat 2/1/2006; Resolution No. 697/2005 B.O. Transport Secretariat 19/9/2005; Resolution No. 259/2004 of the Transport Secretariat B.O. 7/5/2004;Resolution No. 119/2003 of the Transport Secretariat B.O. 29/8/2003;Decree No. 2407/2002 B.O. 28/11/2002; Resolution No. 44/2002 B.O. Transport Secretariat 14/06/2002)
(Note Infoleg: by art. 1st of the Resolution No. 62/2001 of the Ministry of Infrastructure and Housing B.O. 08/02/2001, the functions and powers arising from Article 34 of this Decree, as amended by Decree No. 808/1995, are delegated to the Assistant Secretary of Land Transport.
(Note Infoleg: by art. 1st of the Resolution No. 49/95 of the Ministry of Transport B.O. 30/08/1995, were automatically extended by the end of EZ (10) years after the validity of this Decree, the permits of public service of transport by automotive of passengers of an international character, whose holders were natural or legal persons of Argentine origin, which had been granted prior to the dictation of that administrative act of general scope are in force or pending renewal. )
- Article 37 replaced by art. 1stDecree No. 808/1995 B.O. 27/11/1995.
