Key Benefits:
Bs. As., 3/8/95
VISTO Issue No. 558-003566/94 of the Register of MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, and
CONSIDERING:
That Decree No. 2673 of 29 December 1992 regulated the contravention regime whose general principles are contained in Act No. 21.844.
That the regulations were issued for the purpose of incorporating and criminalizing new infractions as a result of the Nros Decrees. 958 of 16 June 1992 and 1494 of 20 August 1992, which structured the current regulatory system for motor transport, currently characterized by increased deregulation in the area of service delivery and operation.
That Decree No. 1494/92, on the transport of road cargo, aims, among others, to allow the development of that market, expressly repealing regulations that entailed restrictions on supply and demand.
That the same regulation prescribes that the services reached by it are not considered public service, because of which, the vicissitudes or effects of the contract that binds the carrier with the shipper should not be regulated by the "Criminality Regulation for violation of the legal and regulatory provisions in the field of carriage by motor of National Jurisdiction" approved by Decree No. 2673/92 but by the common law or by the parties.
That experience has shown the desirability of incorporating new aspects that allow for the development of proper management in the control of the behaviour of the service providers in order to discourage the commission of infractions by them, all in order to preserve the public interest committed in the proper provision of the services.
It is necessary to adjust the scales provided for in the aforementioned "Criminal Law" in relation to the penalties of a pecuniary nature, in order to enable a greater alternative to the application of sanctions for violation of the said order.
That among the new aspects that are incorporated, there is a voluntary payment of those penalties that are pecuniary in nature, all in the framework of the procedure to determine the responsibility of the operators.
It is also necessary to incorporate a figure providing for preventive measures to ensure the safety of services.
It is necessary to enable the implementation of conventions for the purposes of control with other national agencies.
It is found appropriate to accommodate specific regimes such as technical inspection workshops and psychophysical examination clinics in this policy plex.
That legal security reasons justify the dictation of measures such as the one cited in the preceding consideration.
On the other hand, through Decree No. 1494/92, supplementary regulations were issued for the deregulation of the carriage by motor of cargo, and the provisions of Decree No. 958/92 were additionally applicable.
That in its merit, it is appropriate to clearly delineate the field of application of the rules that describe the contraventional rates for violations committed in the operation of such a mode of transport, by identifying them separately from those relating to the transport services by passenger motor.
On 29 April 1994, Decree No. 656, which regulates the transport of passengers of an urban and suburban character of national jurisdiction, was issued.
That the precited norm establishes the legal framework in line with the importance of the comprehensive reform programme aimed at improving the conditions under which such services are carried out and at creating the basis for a more efficient management of the system, which is being developed by the NATIONAL EXECUTIVE POWER.
It welcomes the general principles governing passenger car transport, as set out in Decrees No. 958/92 and 692 of 27 April 1992 (t. Decree No. 2254 of 1 December 1992).
That one of the fundamental pillars of the above-mentioned program is the modification of the system of printing and the collection of tickets or passages, circumscribing the tasks of the driving personnel to the handling of vehicles.
It is necessary in its merit to describe in detail the conduct involving violations of the prohibition of the conduct of explosive tasks and the collection of tickets or tickets by drivers affected to transport services by urban and suburban automotive of national jurisdiction.
That it included the so-called "Free Offering Services", which must be incorporated into the contraventional regulations.
More serious criminalization should be made of certain acts that are criminalized when they are committed by those providing school transportation services of national jurisdiction.
That Decree No. 958/92, in its considerations, reveals the need for constant review of the requirements for the exercise of transport activities in order to specifically ensure the control of services.
It is found appropriate to characterize those behaviors that cover violations of the transport regime under figures accepted by it, denaturalizing them and contrary to the spirit to which they respond.
It is understood that it is appropriate to adopt a new Penalty Regime, a substitute for which mention is made in the first considering this decree.
That the legal advisory service of the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICOS has taken the intervention that belongs to him.
That it proceeds according to the powers conferred by Article 99 (2) of the NATIONAL CONSTITUTION.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
Article 1 Artículo Appropriate the CRIMINAL PROVISIONS FOR INFRACTIONS TO THE LEGAL AND REGULAR PROVISIONS IN TRANSPORT AUTOMOTOR FOR NATIONAL JURISDICTION detailed in the ANNEX that forms part of the present.
Art. 2° . Default of Decree No. 2673/92 and its Annex.
Art. 3° . This decree shall enter into force from the TREINTA (30) days of its publication in the Official Gazette.
Art. 4° . Contact, post, give to the National Directorate of the Official Register and archvese. . MENEM. . Eduardo Bauzá. . Domingo F. Cavallo.
Annex
REGIME OF PENALITIES BY INFRACTIONS TO LEGAL AND REGULAR PROVISIONS IN TRANSPORT AUTOMOTOR FOR NATIONAL JURISDICTION
SECTION I
GENERAL PART
PART I
GENERAL PROVISIONS
ARTICLE 1 O Offences to the legal and regulatory provisions in which automotive transport providers are subject to national jurisdiction shall be punished in accordance with Act No. 21.844 and this Act. Carriers may not be able to decline in their staff responsibility for the infractions in which it incurs.
ARTICLE 2° O It shall be punished with notice, fine, suspension or expiration of permits, authorizations, authorizations or registration in the National Register, with accessory of definitive or temporary disqualification of the driving personnel when it so corresponds in accordance with the provisions of Decree No. 692/92 (T. Decree No. 2254/92):
(a) Offences to the regime of permits, authorizations, authorizations or registration in the National Register.
(b) Offences to the modalities of exploitation of services.
(c) Violations of existing provisions on vehicles, equipment, driving personnel and fixed facilities.
ARTICLE 3° O They shall be punished with notice or fine, with the accessory of definitive or temporary disqualification of driving personnel, if any:
(a) Offences to existing personnel behaviour provisions for passengers and third parties transported and not transported.
(b) Offences committed by driving personnel in the event of unwise or negligent conduct in the performance of their duties, in violation of specific regulations on movement.
(c) Offences to the rules relating to the relations of carriers with the enforcement authority.
ARTICLE 4 La The expiration penalty of the permit, authorization, authorization or registration in the respective registry shall be applied according to the following guidelines:
a. In relation to transport companies that provide urban, suburban and interurban public services and free and executive traffic services, the penalty of expiry shall be on the or the lines, with respect to which or which the offences resulting from such punishment have been found.
b. In relation to registrations in the respective registers for the provision of free supply services, transport services by motor for tourism, or those established under article 44 of Decree No. 958 of 16 June 1992 and its amendments, the expiry shall be on the entirety of those inscriptions of which the sanctioned transport company is owned.
c. Where the penalty is applied on the inscriptions mentioned in the preceding paragraph, the application of such a sanction shall not be followed, on the services that the passive transport company of the same has inscribed as urban, suburban and interurban public services and free traffic services or executive services, in the corresponding records.
d. When the seriousness of the case is merited, the TRANSPORT MANAGEMENT SECRETARY of the TRANSPORT MINISTERY may provide for the extinction of the legal relationship that links the transport company with the NATIONAL STATE in relation to all the passenger transport services of national jurisdiction, regardless of the mode of service with which the company will be inscribed in the or the corresponding records, which will not be brought to such service.
The expiration penalty is implied by the impediment to the holder of the permit, authorization, habilitation or registration in the respective registry, to apply as the operator of the automotive transport of passengers of national jurisdiction for the term of DOS (2) years. If the holder is a legal person, the impediment referred to will be extended to the partners, managers, directors, trustees and/or members of the monitoring board.
(Article replaced by Article 10 of the Decree No. 818/2018 B.O. 12/9/2018)
ARTICLE 5° O The suspension of permission, authorization, qualification or registration in the National Register shall be temporary and shall not exceed NOVENTA (90) days of duration.
ARTICLE 6° O The sanction of disqualification of driving personnel shall only entail the separation of the specific tasks related to the driving of vehicles affected to the carriage by motor under the national jurisdiction, with the suspension of such tasks.
Such a sanction shall be final or temporary and shall be subject to the importance of the offence, depending on the elements in the case, and the damages caused, if any, to users, third parties or their property.
Definitive acts of extreme gravity may be disqualified in violation of the existing rules, which affect the safety of users or third parties, or public order, or when there are repeated infractorious attitudes.
The penalty of temporary disqualification may not exceed the time limits provided for in the National Regulation of Transit and Transport (t. Decree No. 2254/92).
The final or temporary disqualification of the Implementing Authority shall be independent of which, if any, it has been imposed at the judicial headquarters, and shall be applied without prejudice to the sanction that may be applicable to the responsible carrier.
The disqualification to be applied shall be communicated to the Register of Disqualified Persons provided for in Chapter 11, Article 3 of the Regulations for the Protection and Use of the National Enabling License.
ARTICLE 7° O Any person charged with an act, act or omission that is classified as a prima facie in violation of the rules governing the carriage by automotive of national jurisdiction being liable to the penalty of fine, may choose to pay the SESENTA per CIENTO (60 per cent) of the amount of the penalties that in each case correspond, which may never be less than DOSCIENTOS CINCUA (250) tickets. Such payment may be made personally or by third parties in the authorized places and by the authorized means, having to be made within the time limit of TEN (10) working days to be counted from the date of notification.
Once the time limit has expired, and prior to the closure of the case and the application of sanctions, the accused may opt for the payment of the CIEN BY CIENTO (100 per cent) of the amount of the penalties that are appropriate in each case. In this case, alternatively, the accused, after a demonstration of his or her search, may articulate the mechanisms of suspension of the evident summary that, in effect, establishes the NATIONAL COMMISSION ON TRANSPORT REGULATION, a decentralised agency operating in the field of the MINISTERIO TRANSPORTE. Compliance with the rule of conduct imposed as a result of the suspension of the trial summary shall have the same effect as the payment, provided that it is articulated in the conditions established by the Implementation Authority.
The benefits described in the preceding paragraphs may not be used when the applicable penalty is accessory to the suspension or expiration of the permits, authorizations, qualifications or registration as appropriate, or when the conduct of the accused becomes prima facie in the case referred to in rule 12 of these rules. If after the completion of the summary procedure provided for in the present regime, penalties of a pecuniary nature shall be applied, the Authority of Implementation may establish, on the basis and in accordance with the requirements of the relevant regulation, which may be paid in contributions of the fine or fines. Similar possibility may be accorded to those who benefit from voluntary payment established in these rules.
The NATIONAL COMMISSION ON TRANSPORT REGULATION, a decentralised body operating within the scope of the TRANSPORT MINISTERY, shall issue the relevant rules to establish the procedure for determining the conditions for the implementation of the suspension of the trial summary, in accordance with the terms referred to above.
(Article replaced by art. 11 Decree No. 818/2018 B.O. 12/9/2018)
ARTICLE 8° O It will be considered a repeat offender, who, within the period of DOS (2) years of having incurred transgression, committed a lack of equal nature to which he gave reason to the first sanction, according to the classification made in Articles 2nd and 3rd of the present.
ARTICLE 9° O In case of recidivism, unless another penalty applies, the amount of the original fine will be doubled. When recidivism is sanctioned, the amount of the fine may exceed the maximum provided for in Article 2 of Law No. 21.844.
The same reference will be taken into account to set the amounts of the fines when setting the second and subsequent recidivism.
ARTICLE 10. When the commission of a new infringement is also deserving of temporary disqualification, such recidivism shall be graduated in accordance with the Regulations on Transit and Transport adopted by Decree 692/92 (Dec. 2254/92).
ARTICLE 11. Sanctions shall be graduated at the same time, on the importance of the offence, on the background of the offender in respect of offences, and on the circumstances in which the act occurred. There will be no ideal or actual contest of infractions, applying a penalty for each verified transgression.
The notice will apply when the fault is mild and does not mediate recidivism.
For the purposes of the application of the fines to the offences and penalties set out in SECTION II . SPECIAL PART . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No. 975 of 19 December 2012 and its amendments, or the rule that will replace it in the future.
(Article replaced by art. 1 Decree No. 811/2019 B.O. 05/12/2019)
ARTICLE 12. When a carrier incurs repeated violations and the fines applied had not achieved the normalization of the situation, demonstrating its inefficiency for that purpose, it may be resolved, in the opinion of the Authority of application and on the basis of the prior record of the offender, the suspension or expiration of the permit, authorization, qualification or registration in the National Register that the person was a beneficiary.
PART II
PROCEDURES
CHAPTER I
GENERAL PRINCIPLES
ARTICLE 13. When an act, action or omission may mean the commission of an offence described in this Regime, the corresponding summary shall be substantiated.
ARTICLE 14. The substance of the summary shall be carried out by the NATIONAL COMMISSION ON TRANSPORT REGULATION, a decentralized agency operating within the scope of the MINISTERY of TRANSPORT, through the office with specific competence in the matter in accordance with the organizational structure of that or by national or provincial agencies or by legal persons of a public or private nature authorized under the agreements concluded by the SECRETARIAT OF TRANSPORT (Expression NATIONAL COUNTRY OF AUTOMOTOR TRANSPORT OF THE SECRETARY OF TRANSPORT OF THE MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES replaced by the expression NATIONAL COMMISSION OF TRANSPORT REGULATION, a decentralised agency acting in the field of the MINISTERIO DE TRANSPORTE, 9th of the Decree No. 818/2018 B.O. 12/9/2018)
ARTICLE 15. These are the duties of the summary instructors:
(a) Investigate the facts, collect evidence, frame the fault and determine responsibility, if any.
(b) To establish and direct the trial hearings and to carry out personally the other proceedings that this Regime is conducting.
In the event that the hearing, for duly justified reasons, is suspended, the instructor shall within the time of THREE (3) days, set new day and time for the realization of the same.
(c) Dictate the orders subject to the following periods:
I) To set a new hearing: within the THREE (3) days of the presentation that will give rise to it, or immediately if they should be delivered at a hearing or have an urgent character.
II) The remaining ones, when no special deadline had been provided, within the CINCO (5) days.
(d) To direct the procedure, having, within the limits set forth in this Regime, and in particular:
I) Concentrate as much as possible on the same act, all the steps that need to be carried out.
(II) To indicate, before any request has been processed, the defects or omissions that it may suffer by ordering that they be corrected within the period of time fixed, and to make available ex officio any diligence necessary to avoid nullity.
III) Maintain good order and decorum in the conduct of investigations, sending to test any injurious or worded phrase in in indecent or offensive terms, except that it was useful for the summary, and excluding those who disturb them from the hearings.
IV) When the disaggregation of the respective part for separate procedure corresponds, it must be recorded, as well as an authenticated photocopy of the same in the file.
ARTICLE 16. Where the act that motivates the case is alleged to constitute a crime of public action, the investigator shall make the corresponding police or judicial complaint, which shall be recorded in the case.
When the indications of having committed a crime of public action arise during the investigation of a summons, the instructor shall bear witness or authenticated copy of the pieces in which such acts are carried out for the purpose of making the complaint to the police or judicial authority.
ARTICLE 17. The Instructor must be excused and may be challenged:
(a) When there is a relationship for consanguinity up to the fourth degree or second degree of affinity with the complainant or summary, in his case, and with the legal representatives or representatives of the legal persons who were charged.
(b) When he has intimate friendship or enmity he manifests with the complainant in his case, with the summarised physical person and with the legal representatives or taken over by the legal persons who were charged.
(c) When I had been a whistleblower.
(d) Where he or she has an interest in the case or is a creditor or debtor of the defendant or the complainant.
ARTICLE 18. The excuse must be immediately deducted from the alleged cases, with written report on the same to the Board of the NATIONAL COMMISSION ON TRANSPORT REGULATION, a decentralized agency operating within the scope of the TRANSPORT MINISTERY, which will resolve within the time limit of CINCO (5) days.
(Expression NATIONAL COUNTRY OF AUTOMOTOR TRANSPORT OF THE SECRETARY OF TRANSPORT OF THE MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES replaced by the expression NATIONAL COMMISSION OF TRANSPORT REGULATION, a decentralised agency acting in the field of the MINISTERIO DE TRANSPORTE, 9th of the Decree No. 818/2018 B.O. 12/9/2018)
ARTICLE 19. The recusal shall be deducted in the first procedural act to be intervened. If the causal is overcoming or unknown, it can only be claimed within the fifth day of having come to the knowledge of the defendant and before the closing of the proceedings. The same act shall provide evidence of the impediment or causal invoked.
ARTICLE 20. The accused shall produce a written report on the alleged cases and shall refer the proceedings to the Board of the NATIONAL COMMISSION ON TRANSPORT REGULATION, a decentralized agency acting in the field of the Ministry of Transport. The resolution given will be irrecurrible and must occur within the following (5) days. (Expression NATIONAL COUNTRY OF AUTOMOTOR TRANSPORT OF THE SECRETARY OF TRANSPORT OF THE MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES replaced by the expression NATIONAL COMMISSION OF TRANSPORT REGULATION, a decentralised agency acting in the field of the MINISTERIO DE TRANSPORTE, 9th of the Decree No. 818/2018 B.O. 12/9/2018)
CHAPTER II
PROCEDURAL RULES
ARTICLE 21. In order for the proceedings to be carried out as expeditiously as possible, all matters relating to the substance of the summary shall be considered as a matter of urgency, except for the express rating of "very urgent" imposed by the Board of the NATIONAL COMMISSION ON TRANSPORT REGULATION, a decentralized agency operating in the field of the MINISTERIO DE TRANSPORTE. (Expression NATIONAL COUNTRY OF AUTOMOTOR TRANSPORT OF THE SECRETARY OF TRANSPORT OF THE MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES replaced by the expression NATIONAL COMMISSION OF TRANSPORT REGULATION, a decentralised agency acting in the field of the MINISTERIO DE TRANSPORTE, 9th of the Decree No. 818/2018 B.O. 12/9/2018)
ARTICLE 22. Carriers must obligatoryly provide all the documentation required by the instruction to better provide in the summary proceedings.
ARTICLE 23. In all cases, the procedure shall be of a summary and actuated by the accused party in order to make use of the right of defence.
ARTICLE 24. The deadlines will be computed in administrative working days, from the day after the notification.
When a special time limit had not been established for the response of views and transfers, it will be CINCO (5) days.
For any diligence to be practiced within the ARGENTINA REPUBLIC but outside the urban radius of the AUTÓNOMA CIUDAD OF GOOD AIRES, the deadline set will be extended by one day for each DOSCIENTOS (200) kilometers or fraction that does not come down from CIEN (100) kilometers.
The notifications shall be processed within the THREE (3) days from the day after the act of notification, and shall be carried out in any of the forms provided for in Article 41 of the Regulations of Administrative Procedures. Decree 1759/72 - T.O. 2017 or through electronic means of notification established by the Implementing Authority.
(Article replaced by art. 12 Decree No. 818/2018 B.O. 12/9/2018)
ARTICLE 25. Proceedings or ballots of infringement, as provided for in Article 60 of Law No. 21.844, shall constitute full evidence of the offender ' s responsibility, except for other evidence. They shall also substitute for hearing in all its effects, when they expressly grant the time limit of Article 24 of this Regime for the formulation of discards, and are sufficiently notified to the accused.
ARTICLE 26. The summaries will begin:
(a) By reports of the various counter-reference agencies of the Authority for Implementation and provincial divisions in which such functions had been delegated.
(b) In accordance with the requirements of the following article, by the supervisory staff of the agencies and divisions referred to in subparagraph (a) of the present paragraph shall be issued.
(c) Complaints by national, provincial or municipal authorities.
(d) Complaints of carriers of the same or of strange jurisdiction; and
(e) Complaints by governmental or non-governmental agencies, to the commission of acts that affect or affect the legitimate rights or interests of users.
The complaints of the user public shall compel the enforcement authority to carry out the permanent checks and checks of which there will then be a gathering of fruitful elements that will be sufficient ground for the investigation of the summary.
ARTICLE 27. The agent who checks a transgression shall immediately break a record or violation ballot containing the necessary elements to determine:
(a) The place, date and time of the commission or verification of the act.
(b) The social reason or name of the imputed carrier, their address if known, and the identification of the vehicle used.
(c) The fundamental characteristics of the legal or anti-regulatory act.
(d) The legal or regulatory provision allegedly infringed; and
(e) The name and charge of the acting agent.
ARTICLE 28. NATIONAL COMMISSION ON TRANSPORT REGULATION, a decentralized agency operating within the framework of the Ministry of Transportor the agency that replaces it, shall analyse the reports, records or ballots and complaints referred to in Article 26 of the present, in order to determine the effective commission or not of acts that violate the laws and regulations in force in the matter, proceeding, for that purpose, to the accumulation of the necessary evidence and records, through the relevant documentation, ocular inspections, statements of the parties and persons involved, or any other evidence of the proceedings, It may also request the collaboration of relevant national, provincial or communal divisions. (Expression NATIONAL COUNTRY OF AUTOMOTOR TRANSPORT OF THE SECRETARY OF TRANSPORT OF THE MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES replaced by the expression NATIONAL COMMISSION OF TRANSPORT REGULATION, a decentralised agency acting in the field of the MINISTERIO DE TRANSPORTE, 9th of the Decree No. 818/2018 B.O. 12/9/2018)
ARTICLE 29. When the summary originates in a complaint under article 26 (d) of this Regime, in the event that it has not been made before a public official, the instructor shall summon the complainant to ratify the complaint, as well as to show if he has anything else to add, remove or amend. In the event that it does not occur, without cause that warrants it, the instructor must have the steps and measures to clarify the reported irregularities, provided that they were prima facie verosímiles.
ARTICLE 30 30 When there is sufficient reason to consider that the dependent of a transport company is responsible for the irregular fact that motivates the investigation, he will be given a statement without demanding an oath or promise to tell the truth. When there is only a state of suspicion, the instructor may call upon him to provide a statement on personal facts that might involve him. In such a case, it shall be protected by the guarantees established for the statement of the accused, without the implication of such a statement.
ARTICLE 31 O The non-concurrence of the summary dependent, his silence or refusal to answer will not make any presumption against him, not being able to be obliged to acknowledge private documents that might have relevance to determine his responsibility.
ARTICLE 32. If the summary dependant did not attend the first subpoena, it will be recorded, and will proceed to quote it for the second and last time. If it does not occur, the procedure will continue, but if before the closing of the case it will be submitted to make a statement, it will be received.
ARTICLE 33. In the event of a charge, the latter may, with the assistance of counsel if he so wishes, perform his discard and propose the evidence he deems appropriate. To do so, they will have time of CINCO (5) days from the day after the notification of the order for the formulation of charges and conferral of view.
The instructor, based on the complexity of the questions discussed, will be able to extend the deadline, up to a maximum of TEN (10) days.
The deadline for making its discharge, without making use of it, will be decayed the right to do so in the future.
The defendant or his counsel may not withdraw the proceedings, having to examine them in the presence of the authorized staff; but they may apply for photocopies.
ARTICLE 34. The summary dependant, upon accreditation of identity, will be asked for his age, marital status, profession, position, function and domicile. He will then be informed of the causes that have motivated the initiation of the summary, the responsibility that is attributed to him, and will be questioned about all the details that may lead to the clarification of the facts and their execution, as well as for all the circumstances that will serve to establish the greater or less seriousness of the facts and their participation in them.
CHAPTER III
PRUEBA
ARTICLE 35. In the event of charges, the alleged offender may make his/her dismissal and in the same act, propose any evidence that he/she deems appropriate.
The instructor shall point to such evidence as he deems admissible and shall rule out those which he finds to be superfluous, improper or merely dilatory.
All test measures must be produced within TREINTA (30) days.
CHAPTER IV
TESTIGS
ARTICLE 36 O Up to a maximum of THREE (3) witnesses and two supplements may be performed, denouncing their name and surname, occupation and domicile. The number of witnesses may be enlarged when, in the opinion of the instructor, the number of facts or the complexity of such acts warrants it.
Witnesses shall be freely examined by the instructor.
The party providing the witness statement shall be obliged to appear at the hearing, which is to that effect indicated, on the expectation of having him for the purpose of desisting the evidence.
No witnesses of concept or questions may be offered.
ARTICLE 37. Older CATORCE (14) years may be called as witnesses. Children under that age may be interrogated at the request of the instructor when necessary for the purpose of clarifying the facts.
ARTICLE 38. The President and the Vice-President of the Nation may not be offered or testify as witnesses.
ARTICLE 39. They are exempted from the obligation to appear, and may declare by office: ministers, secretaries of state and officials of equivalent hierarchy, undersecretaries and equivalents, senior officers of the armed forces, ambassadors and plenipotentiary ministers, heads and deputy chiefs of the security forces and the Federal Police, rectors and dean of national universities; presidents of official financial entities and other persons who, in the opinion of the instructor, may be exempt from the obligation.
ARTICLE 40. The following persons are exempted from the obligation to declare, being able to do so voluntarily, either personally or by office: national or provincial legislators, municipal mayors and councillors, governors, deputy governors, provincial ministers and officials of equivalent hierarchy, national and provincial magistrates, and judicial officials assimilated to this quality, bishops and dignitaries of the Roman Catholic Church, heads and deputy chiefs.
ARTICLE 41. If any of the witnesses are unable to appear or have any other reason not to do so that in the opinion of the instructor he is justified, he will be examined at his home or at the place where he is.
ARTICLE 42. The questions will be clear and accurate. In formulating them, no coercion, threat or promise will be employed. The question may dictate his statements. If he does not do so, the instructor will do so by trying to turn the same words that the exponent used.
ARTICLE 43. The question shall be permitted to present as much as it may be appropriate for its disclaimer or for the explanation of the facts, by evacuating the steps proposed if the instructor considers them to be conducive to the verification of the demonstrations.
ARTICLE 44. Following his statement, the question must read it on its own. If he does not, the instructor will read it entirely by making explicit mention of the reading. In that act, you will be asked if you ratify your content and if you have something to add, remove or amend.
ARTICLE 45. If the question did not ratify your answers or have something to add, remove or amend, so it will be done, but in no case will it be erased or testified, but the new manifestations, amendments or alterations will be added after the actuated, relating each point to what the above is and is subject to modification.
ARTICLE 46. The declaration shall be signed by all who have intervened therein, except in the case of Article 47 of the present. The declarant will also rub each of the leaves of the act. If you do not wish to sign, the summary instructor will record it.
ARTICLE 47. If the question cannot sign the declaration, mention shall be made, signing two witnesses after reading the act. In this case, the instructor and the witnesses will also rub each of the foxes in which the same is counted.
ARTICLE 48. Witnesses shall oath or promise to speak truth before declaring and shall be informed of the consequences to which false or reluctant statements may occur.
ARTICLE 49. Upon the commencement of their declaration, upon accreditation of identity, witnesses shall be asked:
(a) By name and surname, age, marital status, profession and domicile.
(b) Whether they know the complainant or not, or if they do.
(c) If they are relatives for consanguinity or affinity of the summary or complainant and to what extent, if any.
(d) If they have direct or indirect interest in the summary.
(e) If you are intimate friends or enemies of the defendant or the complainant, in your case.
(f) If they are dependent, creditors or debtors of those, or if they have any other kind of relationship that may determine the presumption of bias.
ARTICLE 50. Witnesses will be questioned as to what they know about the case that has motivated the case or circumstances that, in the instructor ' s opinion, are interested in the investigation.
ARTICLE 51. The witness shall answer without being able to read notes or notes unless he is authorized by the nature of the question and must always give reason for his statements.
ARTICLE 52. If the statements provide serious signs of falsehood, the instructor shall make the corresponding communications.
ARTICLE 53. In the form of the interrogation, the provisions of this Regime shall be observed for the statement of the accused, as soon as it is not previously provided and is consistent with the testimony.
CHAPTER V
CAREO
ARTICLE 54. When statements obtained in the summary record about any facts or circumstances that are appropriate to dilute, the instructor may perform the corresponding defects. These will be available on their own motion, taking place between witnesses and summons or among summarists.
Witnesses will be required to oath or promise to tell the truth, not the defendants.
ARTICLE 55. The defendants are obliged to attend but not to submit to the caregiver.
ARTICLE 56. The lack shall be made of two persons at a time, reading, as appropriate, the statements that are reputed contradictory, calling the instructor the attention of the careless over the contradictions, so that they can be reconciled to obtain the clarification of the truth. The questions and answers to each other will be transcribed and the particularities that are relevant will be noted, signing both the diligence that is extended, after reading and ratification.
ARTICLE 57. The recognition of the fact of the accused or his dependant proves sufficient against him, unless he is inverossible or contradicted by other probations, not being able to divide himself into prejudice. She does not dispense the instructor with a complete investigation of the facts or the search for other perpetrators.
CHAPTER VI
PERICIAL
ARTICLE 58. The instructor may order the expert examination if necessary, setting the points of expertise and setting a reasonable time for their production.
ARTICLE 59. Any designation of experts shall be notified to the summary. The expert shall be excused and may in turn be challenged by the cases provided for in Article 17 of the present.
The excuse or recusal shall be deducted within the CINCO (5) days of the corresponding notification or knowledge of the cause when it is overcoming or unknown.
ARTICLE 60. The recusal or excuse of the experts shall be made in writing, within the established period, expressing the cause of the expert. The NATIONAL COMMISSION ON TRANSPORT REGULATION, a decentralised body operating within the scope of the TRANSPORT MINISTERY, or the agency that replaces it, will immediately resolve the challenge or excuse raised and the resolution it dictates will be irrecurrible. The designation of a new expert, when appropriate, must be made within the THREE (3) days of the decision. (Expression NATIONAL COUNTRY OF AUTOMOTOR TRANSPORT OF THE SECRETARY OF TRANSPORT OF THE MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES replaced by the expression NATIONAL COMMISSION OF TRANSPORT REGULATION, a decentralised agency acting in the field of the MINISTERIO DE TRANSPORTE, 9th of the Decree No. 818/2018 B.O. 12/9/2018)
ARTICLE 61. If the designated expert is an official agency, he will be required to cooperate.
Where there are no national agencies that have the required experts, the summary instructor shall, following the hierarchical route, request the collaboration of Provincial or Municipal Agencies. In case of not having the required expert, individuals may be resorted to.
ARTICLE 62. The expert must accept the position within the THREE (3) days of notifying his designation, and produce the report within the TEN (10) days counted from the next to that of acceptance.
ARTICLE 63. The appointment of experts to the State may be requested by the summary instructor, only where there are reasons to justify it, in accordance with the provisions set out in this regard by the legal and regulatory rules governing such contracts.
ARTICLE 64. The experts will give written opinion. It will contain the detailed explanation of the technical operations carried out and the scientific principles in which they found their opinion.
It will also not limit itself to expressing its views, but will also manifest the foundations of them and accompany the photographs, records, analysis, graphics, chrome or other relevant elements. If the expertise is incomplete, the instructor will notice it by ordering the experts to proceed to its enlargement.
CHAPTER VII
INSTRUMENTAL AND INFORMATION
ARTICLE 65. The instructor shall incorporate into the summary any data, background, instrument or information that arises from the course of the investigation as necessary or appropriate for the clarification of the facts or the individualization of the perpetrators.
ARTICLE 66. Reports requested should deal with specific and clearly individualized facts resulting from the documentation, archive or registration of the informant. Public offices may also be requested to refer files, testimonies or certificates relating to the summary.
The requirements for public offices shall be made in accordance with the corresponding hierarchical order.
ARTICLE 67. It may be dispensed with the reports requested under article 66, where they are not answered within TEN (10) working days, unless they are of importance for the proceeding of the case, in which case the instructor may have his/her repetition for the sole and identical time, with a special request for collaboration with the reporting agency. In the event of no response to the second requirement, it shall be dispensed from that probative means.
CHAPTER VIII
INSPECTION
ARTICLE 68. The instructor, if deemed appropriate, will perform an inspection of places or things, making a record recorded, which will add to the corresponding chromes, photographs and objects. It may also request the participation of experts, and witnesses to that act.
CHAPTER IX
CONCLUSION OF THE CONTENTS
ARTICLE 69. Produced the test, the summary will be notified to submit, within the time of CINCO (5) days, alleges on the merit of it.
ARTICLE 70. Produced the allegation on the evidence, if any and all investigations and prosecutions leading to the clarification of the fact under investigation, conducted the evidence measures and added the background of the summary, the instructor shall proceed to terminate the proceedings in the matter of the investigation by setting the closure of the investigation.
CHAPTER X
REPORT OF CLAUSURA
ARTICLE 71. Concluding the summary, the instructor will produce a report as accurate as possible, which should contain:
(a) The circumstantial relationship of the facts investigated.
(b) The analysis of the accumulated test elements, which will be appreciated, according to the rules of sound criticism.
(c) The qualification of the summary's conduct.
(d) The background of the or summary that may have influence to determine the greater or less seriousness of the penalty by the imputed fact.
(e) The legal or regulatory provisions that are deemed applicable and, where applicable, the penalty that it considers appropriate to apply.
(f) Any other appreciation that makes the best solution of the summary.
ARTICLE 72. Demonstrates the existence of certain transgression and, where appropriate, the absence of merit of the defence filed, the Authority of Application shall issue the sanctioning act, duly founded, after a propitiatory report, in the terms of Article 71. This report will be considered an integral part of the sanctioning act.
ARTICLE 73. The NATIONAL COMMISSION ON TRANSPORT REGULATION, a decentralized agency operating in the field of the TRANSPORT MINISTERY, will have the file of the proceedings, when:
(a) The absence of an offence is checked.
(b) The accumulated evidence was not sufficient to demonstrate the commission of failure or to identify the perpetrators of a proven violation. In this case, there will be no time limit for depuration if the possibility of locking the cars, new elements of judgement determining the clarification of the case persists. (Expression NATIONAL COUNTRY OF AUTOMOTOR TRANSPORT OF THE SECRETARY OF TRANSPORT OF THE MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES replaced by the expression NATIONAL COMMISSION OF TRANSPORT REGULATION, a decentralised agency acting in the field of the MINISTERIO DE TRANSPORTE, 9th of the Decree No. 818/2018 B.O. 12/9/2018)
CHAPTER XI
OF THE IMPLEMENTATION OF PREVENTIVE MEASURES
ARTICLE 74. Where acts and omissions that set up the commission of an offence are verified and without prejudice to the appropriate penalties following the relevant procedure, the Authority of Implementation may make provision on a preventive basis:
(a) Paralyzing services.
(b) Disabling the service of driving personnel, vehicles and fixed installations.
(c) Retention or abduction of the vehicle involved in the violation.
(Article replaced by Article 5 of the Decree No. 1395/98 B.O. 04/12/1998)
ARTICLE 75. If, for reasons of the vehicle or for reasons attributable to the carrier, the observed irregularities are not subsidized, the Implementation Authority, by means of evidence that "first facie" credits the responsibility of the carrier, shall maintain the precautionary measure provided for in subparagraph (c) of the preceding article, pending the decision in the corresponding administrative summary.
Where the retention or abduction of the vehicle is appropriate due to the lack of the existing periodic technical inspection certificate, the precautionary measure may be terminated, and the prohibition of its involvement in service may be maintained until such impediment is removed. Failure to comply with such restriction shall render the carrier liable for the expiry of the permit, authorization, qualification or registration as appropriate.
Where appropriate, the vehicle withheld or abducted shall be returned to the person who certifies his or her domain or legitimate possession. All of this, without prejudice to being able to arrange for the transfer of proceedings to the Investigations Court in the event of unlawful acts against the security of the Public Transport.
Carriers shall be solely responsible for the cargo, passengers and their luggage, while the effects of the application of this measure remain.
In no case, retention may exceed SESENTA (60) days.
CHAPTER XII
COMPLEMENTARY PROVISIONS
ARTICLE 76. With regard to the remedy of reconsideration established by Article 8 of Law No. 21.844, Articles 84, 85 and 86 of the "Regulation of Administrative Procedures shall be applicable, as appropriate. Decree 1759/72 T.O. 1991." If the remedy of reconsideration is not resolved within the time limit set by that Article 86, the person concerned may reput it tacitly denied; if he does so, the judicial path shall be open to him under the terms of Article 8. The respective ballots that credit the deposit of the amount of the penalty, in the account determined, shall be accompanied by the written submissions, in the form of a review or appeal against fines.
In all that is not provided for in the present regime, the Law on Administrative Procedures and its Rule Decree No. 1759/72 (t. 1991) shall apply.
ARTICLE 77. After the term of CINCO (5) years, counted from the commission of the act or omission that may constitute infringement, the Authority of Application may not impose any of the penalties provided for in the present. The term shall be fulfilled for its sole maturity, without the need for the individual to invoke it, without prejudice to the administrative responsibility that may be vested in the agents involved in the respective procedure. Except as provided for in the present, those procedures which are pending completion of what is ultimately resolved at the judicial headquarters.
ARTICLE 78. In cases where the SECRETARY for the transfer of the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS concludes agreements by which it empowers competent Provincial Authorities or other National Agencies, to exercise the control and control of the transport services by automotive of national jurisdiction, it may be provided that the NATIONAL STATE recognizes to the provinces or to the corresponding agencies a percentage of what is perceived in terms of pecuniary sanctions applied as a result of the check.
ARTICLE 79. La TRANSPORT MANAGEMENT SECRETARIAT shall approve the regime of penalties for infringement of the regulations on compulsory technical review workshops (RTO) of vehicles affected to the services of transport of passengers and cargo of national jurisdiction and that concerning clinics providing psychophysical evaluation services of drivers, being applicable to the same the penalties for the receipt, fine, suspension - even preventive authorization - and cancellation or expiration of the case
Such a regime shall provide that the penalties for the discharge, pecuniary and derogation - even preventive - shall be applied by the body responsible for the control and control, to be carried out by the SECRETARY OF TRANSPORT MANAGEMENT the penalty of cancellation or expiration of registration, habilitation and/or authorization. (Article replaced by Article 6 of the Decree No. 240/2019 B.O. 3/4/2019)
SECTION II
SPECIAL PART
(Section II replaced by art. 6 Decree No. 1395/98 B.O. 04/12/1998)
OF INFRACTIONS AND SANTIONS RELATING TO TRANSPORT SERVICES BY AUTOMOTOR OF PASAJEROS
CHAPTER I
OF INFRACTIONS TO THE REGIME OF PERMISSIONS, AUTHORIZATIONS, HABILITATIONS AND INSCRIPTIONS IN THE NATIONAL REGISTRATION.
ARTICLE 80. The establishment of unauthorized passenger car transport services will be repressed with a fine of DIEZ MIL (10.000) to TREINTA MIL (30.000) minimum tickets.
(Note Infoleg: by art. 6th of the Resolution No. 1393/2016 of the National Transport Regulation Commission B.O. 28/12/2016 is fixed for the infringement provided for in this article, and provided that the alleged offender is not permissionary, the maximum retention time limit of SESENTA (60) days or until the decision is made in the corresponding administrative summary, in accordance with article 74 and 75 of this Regime, being also applicable to this assumption as provided for in article 3 of the corresponding rule. Watch: implementation from 1 January 2017 to 01 March 2017)
ARTICLE 81. . Violation of the frequency regime in the provision of free urban transport services, free traffic services or executive services shall be punished by a fine of TRES MIL (3,000) to VEINTE MIL (20.000) minimum tickets for each service in excess, uninitiated, or unintentioned, without prejudice to the other legal consequences that such violation entailed to the carrier.
When the provision of services is interrupted for a period of SIETE (7) consecutive days, or CATORCE (14) alternate days in a calendar year, it will be considered in full right that the service has been abandoned by the operator.
The abandonment of services may be causal to resolve the expiry of all the services referred to, under the conditions set out in the second paragraph of Article 4 of these Regulations.
ARTICLE 82. . Violation of the frequency regime in the provision of public services of inter-urban passenger transport, shall be punished in each case, with a fine of TRES MIL (3,000) to VEINTE MIL (20.000) minimum tickets for each service in excess, not initiated or neglected, without prejudice to the other legal consequences that such violation entailed to the carrier.
When the provision of services is interrupted for a period of SIETE (7) consecutive days or CATORCE (14) alternate days in a calendar year, it will be considered in full right that the service has been abandoned by the operator. In this case, in addition to the pecuniary sanction, the expiry of all the free traffic services enjoyed by the operator shall be provided under the conditions set out in the second paragraph of Article 4 of these Regulations.
Without prejudice to the above-mentioned, the abandonment of services or the verification of repetitions in the neglected services may be a cause to resolve the expiration of the public service permit for inter-urban passenger transportation.
ARTICLE 83. . Violation of the daily regime of day and night frequencies in public services of urban passenger transport will be punished in each case, with a fine of QUINIENTOS (500) to QUINCE MIL (15,000) minimum tickets.
When the provision of services is interrupted for a period of CINCO (5) consecutive days or TEN (10) alternate days per calendar year, it will be considered in full right that the service has been abandoned by the operator.
The abandonment of services or the verification of repetition in neglected services may be causal to resolve the expiration of the permit.
ARTICLE 84. . Non-compliance with the minimum net assets, as well as the non-maintenance of the warranty required during the validity of the permit, authorization, qualification or registration in the registry, where required by the applicable regulations, shall be punished with the expiration of the permit, authorization, qualification or registration in question, if the situation is not regularized within the time limit specified by the Application Authority.
The same penalty shall be in case of non-compliance during the validity of the permit, authorization, qualification or registration of the obligation to provide the minimum infrastructure necessary for the maintenance of vehicles and staff rest.
ARTICLE 85. The lack of insurance required by the respective regulations shall be fined from TRES MIL (3,000) to VEINTE MIL (200,000) minimum tickets.
The traffic with vehicles without insurance will be punished with a fine of DIEZ MIL (10.000) to TREINTA MIL (30.000) minimum tickets.
In both cases the suspension or expiration of the permit, authorization, habilitation or registration granted may be made.
The absence on board of the vehicles of the documentation that credits the contracting of regulatory insurance shall be fined from QUINIENTOS (500) to CINCO MIL (5,000) minimum tickets.
The absence on board the vehicles of the aforementioned documentation shall presume the lack of such insurance.
(Note Infoleg: by art. 1st of the Resolution No. 1393/2016 of the National Transport Regulation Commission B.O. 28/12/2016 is fixed for the infractions provided for in this article, the maximum retention period of SESENTA (60) days or until resolution is issued in the corresponding administrative summary, in accordance with article 74 and 75 of this Regime. Watch: implementation from 1 January 2017 to 01 March 2017)
CHAPTER II
OF INFRACTIONS TO MODALITIES OF EXPLOTATION OF SERVICES.
ARTICLE 86.- The performance of services in violation of the authorized modalities, by act or omission of the carrier, shall be repressed with a fine of DIEZ MIL (10.000) to TREINTA MIL (30.000) minimum tickets.
The provision of services other than those authorized in the respective permit, authorization, qualification or registration shall be considered as a violation of the modalities.
In the event of recidivism or repetition of infringements, the suspension or expiration of the permit, authorization, qualification or registration granted may be applied.
(Note Infoleg: by art. 1st of the Resolution No. 1393/2016 of the National Transport Regulation Commission B.O. 28/12/2016 is fixed for the infractions provided for in this article, the maximum retention period of SESENTA (60) days or until resolution is issued in the corresponding administrative summary, in accordance with article 74 and 75 of this Regime. Watch: implementation from 1 January 2017 to 01 March 2017)
ARTICLE 87.- The lack of communication of the modifications related to the operational characteristics of the provision of free traffic, free and executive services within the period and the conditions established by the current regulations shall be punished with a fine of TRES MIL (3,000) to VEINTE MIL (20.000) minimum tickets for each journey carried out in violation, with the accessory of disqualification to request new services such as those referred to in the term of UN (1) year.
ARTICLE 88.- The circulation of a vehicle outside the route authorized by the Implementation Authority in the respective public service permit for urban transport or proposed by the carrier for a free supply service shall be punished in each case with a fine of QUINIENTOS (500) to QUINCE MIL (15,000) minimum tickets.
ARTICLE 89.- The occasional violation of the authorized or proposed tariff regime will be fined from UN MIL (1,000) to VEINTE MIL (20.000) minimum tickets per day of infringement.
In the event of recidivism or repetition of offences, the suspension or expiration of the permit, authorization, authorization or registration granted may be made as an accessory.
ARTICLE 90.- Failure to issue tickets or tickets, or their issuance in the form and content of the regulations for each of the modalities envisaged, shall be fined from UN MIL (1,000) to SEIS MIL (6,000) minimum tickets.
ARTICLE 91.- The absence on board of the vehicle in service of the passenger list, contract or any other required documentation for the accreditation of the modality of the service, the condition of which is obligatory, or the issuance of such documentation without conforming to the requirements established by the relevant regulations, or when false, inaccurate or misleading data have been recorded, shall be fined from UN MIL (1,000) to DIEZ MIL (10.000) minimum tickets.
In any of these cases, the operator shall be presumed to have provided a service other than that authorized in the respective permit, authorization, authorization or registration.
ARTICLE 92.- The lack of adequacy of tariff-rate securities perception equipment to the technical and operating standards established by the Implementing Authority shall be fined from CINCO MIL (5,000) to TREINTA MIL (30.000) minimum tickets.
The breach of the prohibition established in Article 9 of Decree No. 692, dated 27 June 1,992 and in paragraph 16, last paragraph, of Annex II to Decree No. 2.254, dated 1 December 1,992, shall be punished, in each case, with a fine of DIEZ MIL (10.000) to TREINTA MIL (30.000) minimum tickets.
ARTICLE 93.- Failure to comply with the obligations set out in the User Regulation approved by the Resolution of the NATIONAL COMMISSION ON TRANSPORT REGULATION under the SUBSECRETARIA OF TRANSPORT TRANSPORT SECRETARIAT OF THE MINISTERY OF ECONOMY AND OURS AND PUBLIC SERVICES No. 979, of 5 August 1,998, or in which it is replaced in the future, shall be fined from QUINIENTOS (500) to DIEZ MIL (10.000) minimum tickets, without prejudice to the possibility of the suspension or expiration of the permit, authorization or registration in question, in the face of the recidivism or reiteration of offences.
ARTICLE 94.- The company that carries out correspondence without locating the postal items in the compartments specifically authorized to that end shall be fined from QUINIENTOS (500) to CINCO MIL (5,000) minimum tickets.
Similar penalties shall be imposed on the company that transports unauthorized loads on vehicles for passenger transport.
ARTICLE 95.- The transport company whose personnel do not take the measures to ensure the safety of the service and the passengers transported, when situations of intransitability are verified, in the terms provided for in Article 6 of Decree No. 692/92, shall be fined from DOS MIL (2,000) to VEINTE MIL (20.000) minimum tickets.
If such irregularity is committed by holders - or their staff - of permits, permits, authorizations or inscriptions, if any, to perform interjurisdictional school services provided for in Decree No. 656/94, it shall be fined from CUATRO MIL (4,000) to VEINTE MIL (20.000) minimum tickets.
If, as a result of the omission, there would be a fact or accident connected with the conditions of intransitability, the fine will be TREINTA MIL (30.000) minimum tickets.
ARTICLE 96.- Excessive or excessive driving, in violation of transit rules; provision of services with drivers who have not met the minimum regulatory rest; provision of services in violation of the rules that regulate dual driving or with drivers who find themselves in a state of ebriety or who for any reason were affected by their psychophysical capacity for driving, shall be punished, without prejudice to the penalties that correspond to the driver,
If such irregularities are verified in the provision of inter-jurisdictional school services, they will be fined from SEIS MIL (6,000) to TREINTA MIL (30.000) minimum tickets.
ARTICLE 97.- The obstruction or deficient operation of the emergency exits in the vehicles, the conduct of the operation of the fuel load without pre-executing precautions, the transport of passengers that excel from the profile of the body, the transport of flammable in passenger vehicles, or any other act or omission or technical deficiency that hinders the safety of the service, of the users or of the non-transported third parties, shall be sanctioned with a fine of DOS.
ARTICLE 98.- If, as a result of the actions or omissions of the carrier or of the personnel in charge, contained in Articles 95, 96 or 97 of the present regime, a serious event or accident may be caused, the expiry of the permit, authorization, or registration granted.
ARTICLE 99.- Arbitrary and abrupt decline in speed, the realization of bleaching movements or maneuvering manoeuvres or allow passengers to plunder the arms and other parts of the body outside the vehicles will be punished in each case, with a fine of UN MIL (1,000) to QUINCE MIL (15,000) minimum tickets.
ARTICLE 100.- A fine of CINCUENT DOSCIENTS (250) shall be imposed on CINCO MIL (5,000) minimum tickets to the carrier whose personnel permit the transport of animals on board the vehicles, except as provided for in Law No. 26,858 for guide dogs or assistance of persons with disabilities and the transfer of domestic animals, in the terms established by the Implementing Authority.
(Article replaced by Article 2 of the Decree No. 811/2019 B.O. 05/12/2019)
ARTICLE 101.- The provision of services authorized to an operator through a third party other than permission, authorization, qualification or registration in the registry, or when the intuitive person of the services is not verified, shall be punished by a fine of QUINCE MIL (15,000) to TREINTA MIL (30.000) minimum tickets, without prejudice to the violation of the form of the permit in which it was incurred.
The expiry penalty of the permit, authorization, habilitation or registration granted shall be applied as an accessory.
CHAPTER III
OF INFRACTIONS TO REGULATION ON VEHICLES, PERSONAL DE CONDUCTION AND INSTALATIONS.
ARTICLE 102. . Failure to comply with the timetables provided by the Implementation Authority with respect to various aspects related to the characteristics, equipment or other elements of vehicles affected to national automotive transport services shall be punished by a fine of CINCO MIL (5,000) to QUINCE MIL (15,000) minimum tickets.
Failure to comply with the schedules provided for in Decree No. 467, dated 29 April 1998 and its regulations, shall be fined by TREINTA MIL (300,000) minimum tickets.
In both cases, and without prejudice to pecuniary sanctions, the suspension or expiration of the permit, authorization, habilitation or registration granted may be made.
ARTICLE 103. . The provision of services with vehicles not authorized by the Implementing Authority or by the authority in which it had delegated such a function shall be fined from RES MIL (3,000) to QUINCE MIL (15,000) minimum tickets.
(Note Infoleg: by art. 1st of the Resolution No. 1393/2016 of the National Transport Regulation Commission B.O. 28/12/2016 is fixed for the infringement provided for in this article, the maximum retention period of SESENTA (60) days or until resolution is issued in the corresponding administrative summary, in accordance with article 74 and 75 of this Regime. Watch: implementation from 1 January 2017 to 01 March 2017)
ARTICLE 104. . The modifications that without the prior authorization of the Implementation Authority were introduced into the vehicles, altering the original habilitation characteristics, will be fined from RES MIL (3,000) to QUINCE MIL (15,000) minimum tickets.
As an accessory measure, the use of such vehicles may be prohibited, while anti-regulatory changes are not abolished.
The excess of the maximum number of passengers that support the cargo capacity and the technical and design characteristics of the vehicle or the use of vehicles with dimensions not authorized by the current standards will be fined from DOS MIL (2,000) to DIEZ MIL (100,000) minimum tickets.
ARTICLE 105. . The carrier whose vehicles suffered from mechanical, body or instrumental deficiencies will be fined from DOS MIL (2,000) to DIEZ MIL (100,000) minimum tickets.
The lack of security elements or the inadequate functioning of these devices will be fined from CINCO MIL (5,000) to TREINTA MIL (30,000) minimum tickets.
The same penalty shall be in cases where the deficiencies of bodywork, mechanics or instrumentalities may affect the safety of the service, of the users or of the third parties not transported.
In cases where the shortfall of the instrument intended for the record of the speed, or the disconnection of the acoustic-luminous signal of speed excesses or the speed limiter and/or the security system for the opening of doors, be the result of a doloss action or omission of the carrier or its dependent, it will apply, in each case, UNA (1) fine of DIEZ MIL (10.000) to T.
ARTICLE 106. . The use of vehicles that do not observe the limits of the emission of smoke and/or polluting gases and/or particulate material, as provided for in the relevant regulations, shall be punished, in each case, with a fine of TRES MIL (3,000) to QUINCE MIL (15,000) minimum tickets.
ARTICLE 107. . Failure to comply with existing rules on commercial advertising abroad or inside vehicles will be fined from QUINIENTOS (500) to DOS MIL (2,000) minimum tickets.
ARTICLE 108. . The non-observance of essential hygiene conditions in vehicles, or the performance of the driving function under inappropriate hygienic conditions, will make the carrier passive in each case, from UNA (1) fine from UN MIL (1,000) to EZ MIL (100,000) minimum tickets.
The non-observance of the conditions of hygiene and/or safety in the fixed facilities of the company or in the physical space of the terminals located in its headers, will make the carrier passive in each case, from UNA (1) fine CINCO MIL (5,000) to QUINCE MIL (15,000) minimum tickets.
ARTICLE 109. . Failure to comply with the minimum park required in the respective permit for the exploitation of urban and suburban public services of passengers or of the required for the normal provision of public services of interurban transport, free or executive traffic, will be fined from TRES MIL (3,000) to VEINTE MIL (20.000) minimum tickets for each missing vehicle.
The failure to adjust the number of units to the application authority ' s intimation will be causal to resolve the expiration of the permit, authorization, or registration granted.
ARTICLE 110. . A fine of TRES MIL (3,000) will be imposed on VEINTE MIL (20.000) minimum tickets, to the carrier whose vehicles will not have technical qualifications.
The penalty of fine will be from EZ MIL (10.000) to TREINTA MIL (30.000) minimum tickets, when those vehicles are circulating. In this case, the suspension or expiration of the permit, authorization, habilitation or registration granted may be made.
The non-exhibition on board the vehicle of the periodic technical review certificate in the light of the request of the Application Authority or its authorized agents shall presume the failure to comply with that requirement.
ARTICLE 111. . The unreported lack, the deficient exposure or preservation of the patent plate, the identification of the compliance of the technical inspection or the certificate of periodic technical inspection, the National Enabling License or of the entire document or information whose internal or external display in the vehicles is expressly arranged by the Implementing Authority, will make the carrier passive in each case, of a fine of QUINIENTOS (500) to MIL 10,000.
ARTICLE 112. . La no portación portación por parte del personal de conduction de la Libreta de Trabajo o de la Libreta de Control Timetable, o su edición sin conformarse a los requisitos establecido por la normas vigente, o cuando se han constado en ellos datos false, inaccuraos o deceptsos, hacer pasible al transporteista de UNA (1) fin de CINCO MIL (5.000) a DIsaEZ MIL (10.000)
ARTICLE 113. . A fine of SEIS MIL (6,000) will be imposed on VEINTE MIL (20.000) minimum tickets, to the carrier who will use driving personnel services that do not have the prior authorization of the Implementation Authority.
The penalty will be raised to TREINTA MIL (30,000) minimum tickets when the staff on duty had been expressly disqualified and the decision communicated to the carrier. In this case, the suspension or expiration of the permit, authorization, authorization, or registration granted may be made.
The absence on board the vehicle of the National Enabling Licence of the driving staff, when its exhibit is required by the App Authority or its authorized agents, shall presume the lack of the qualification of the said staff.
ARTICLE 114. . The carrier who, in violation of the current regulations, will provide services using driving personnel that does not review dependency relationship with the operator or who develops its activity without being properly registered with the forecasting agencies, will be punished, in each case, with a fine of EZ MIL (10.000) to TREINTA MIL (30.000) minimum tickets.
When such infringement is committed by free, free or executive traffic service operators, the aforementioned operators will be disqualified to request new services for the term of UN (1) year.
CHAPTER IV
OF INFRACTIONS TO THE RULES ON COMPORTS OF PERSONAL WITH THE PUBLIC.
ARTICLE 115. . The carrier whose personnel treats in deconsiderate or in fact adds to users or third parties will be fined from UN MIL (1,000) to QUINCE MIL (15,000) minimum tickets.
ARTICLE 116. . . QUINIENTS (500) will be fined to QUINCE MIL (15,000) minimum tickets, the unjust cause abandonment of drivers from their driving position, during the service delivery, or the lack of collaboration to overcome any circumstances that endanger the safety of the passengers transported or transients.
ARTICLE 117. . A fine of QUINIENTS (500) shall be passed to CINCO MIL (5,000) minimum tickets to the carrier whose personnel, express or tacitly refuse to stop the vehicle's departure in the different authorized places, to allow the descent of passengers that have requested it.
The same penalty shall be applied to the carrier whose personnel refuse to stop the vehicle's march in the authorized locations, to allow the promotion of the user public.
ARTICLE 118. . The promotion or descent of passengers in places not authorized for the different categories of service shall be punished with a fine of QUINIENTS (500) to CINCO MIL (5,000) minimum tickets.
ARTICLE 119. . Violation of the regime of nightlife and rainy days will be sanctioned with a fine of UN MIL (1,000) to DIEZ MIL (10.000) minimum tickets.
ARTICLE 120. . The parking lot of vehicles in unauthorized locations, or not respecting the maximum number of units allowed on hold or the arrest of vehicles on hold with motors will be sanctioned in each case with a fine of UN MIL (1,000) to DIEZ MIL (10.000) minimum tickets.
ARTICLE 121. . The carrier whose personnel conduct passenger transport vehicles with open promotion and descent doors or allow the unjustified use of the front door for the descent of users, or does not carry on the complete series of interior lighting, or perform an improper use of the left front door or use the platform of the front door to transport objects or people, will be sanctioned with a fine of UN MIL (1,000) to DIEZ MIL (10000 tickets).
ARTICLE 122. . A fine of QUINIENTS (500) shall be imposed on DOS MIL (2,000) minimum tickets to the carrier whose driving staff fails to observe the current regulations regarding the prohibition of smoking or salivar.
Similar sanction will merit the tolerant attitude of those staff to those users who violate any of those rules.
ARTICLE 123. . A fine of QUINIENTS (500) will be sanctioned to DOS MIL (2,000) minimum tickets to the carrier whose driving personnel will not observe the current regulations regarding the prohibition of conversing with passengers and possessing radio or reproducing apparatus of recorded, installed or portable tapes.
ARTICLE 124. . A fine of QUINIENTS (500) shall be applied to CINCO MIL (5,000) minimum tickets, to the carrier that does not proceed to the total or partial refund, as appropriate, of the amounts paid for tickets for services that were suspended prior to the initiation or interrupted during their allowance for reasons beyond the will of the users.
The same penalty shall be for the carrier who did not observe the rules on returning tickets acquired in advance.
ARTICLE 125. . The carrier whose authorities or employees, directly or indirectly, refuse to transport passengers, luggage or orders without cause that warrants it, will be fined from UN MIL (1,000) to VEINTE MIL (20.000) minimum tickets.
Similar penalty shall be applied for failure to recognize travel passes or authorizations issued by the Implementing Authority.
ARTICLE 126. . The carrier who does not deliver to users the appropriate document that credits the shipment of goods or the corresponding guide or password of luggage, or provides a guide that does not comply with the statutory requirements, will be fined from QUINIENTOS (500) to TRES MIL (3,000) minimum tickets.
ARTICLE 127. . Failure to comply with the regulations that impose the compensation for complete or partial loss of baggage, lumps or orders that were entrusted to the carrier by passengers or third parties, shall be punished with a fine of QUINIENTOS (500) to EZ MIL (10.000) minimum tickets.
Similar penalty shall be applied to the unwarranted delay in the delivery of luggage or shipments.
ARTICLE 128. . The unjustified delay, diversion or total or partial destruction of the correspondence transported, shall be punished by a fine of UN MIL (1,000) to DIEZ MIL (10.000) minimum tickets, without prejudice to the civil or criminal actions that may correspond.
ARTICLE 129. . Failure to comply with the regulations in force for the free transport of accompanied baggage will be fined from QUINIENTS (500) to CINCO MIL (5,000) minimum tickets.
Such punishment shall be on the carriers who misleadingly or compulsively compulsively compel the passenger to hire additional insurance for the luggage transported.
CHAPTER V
OF INFRACTIONS TO THE RELATIONS OF TRANSPORTISTS WITH AUTHORITY OF APPLICATION.
ARTICLE 130. s A fine of QUINIENTS (500) to CINCO MIL (5,000) minimum tickets to the carrier that does not disclose to the Authority of Application, will be punished with a fine of QUINIENTS (500) to CINCO MIL (5,000) And OCHO (48) hours of production, any act other than your will that causes the alteration or suppression of any of the modalities of the service you provide.
ARTICLE 131. . Failure to comply with the rules governing the proposal and presentation of schedules to the Implementation Authority shall be repressed with a fine of QUINIENTS (500) to CINCO MIL (5,000) minimum tickets.
ARTICLE 132. El The carrier who, on the occasion of the accidents suffered by the vehicles of his fleet, does not refer to the Authority of Application, within the SETENTA And DOS (72) hours of the fact, the denunciation and report of what happened, will be fined from UN MIL (1,000) to QUINCE MIL (15,000) minimum tickets.
ARTICLE 133. . The verification of operators who during the validity of the respective permits, permits, authorizations or registrations in the respective registers, maintain tax debts required, will be sanctioned with the expiration for the exploitation of transport services by passenger motor, not to regularize the situation within the period specified by the Authority of Application.
ARTICLE 134. . The lack of payment of the National Transport Control Rate will generate the effects provided for in Act No. 17.233 and its amendments, without prejudice to the termination of the permit, authorization, authorization or registration, if any.
The lack of proof of payment of the National Transport Control Rate on board vehicles affected to motor transportation services, when the Applicable Authority so requires, will be fined from QUINIENTOS (500) to TRES MIL (3,000) minimum tickets.
ARTICLE 135. . The unawareness of the powers of the Implementation Authority or its authorized agents; the granting of unconsidered treatment to these agents; or the commission of acts that prevent or hinder the performance of their duties, shall be punished in each case with a fine of UN MIL (1,000) to VEINTE MIL (20.000) minimum tickets.
ARTICLE 136. . The disobedience to the orders of the Authority of Application or its authorized agents shall, in each case, be punished with a fine of DOS MIL (2,000) to QUINCE MIL (15,000) minimum tickets, without prejudice to the penalty to be applied for the offence which, in its case, has given rise to the order issued.
The provision of services using vehicles or defected driving personnel of the service by order of the Implementation Authority shall be fined from CINCO MIL (5,000) to TREINTA MIL (30.000) minimum tickets.
ARTICLE 137. . The carrier who does not submit the data or other elements required by the Application Authority or makes it outside the time limit set for that purpose, or does not make available to the Implementation Authority, at its headquarters or at the operator's home, the documentation, information or records required, will be punished in each case, with a fine of TRES MIL (3,000) to VEINTE MIL (20.000) minimum tickets.
Such infringement may be considered as a criminal offence for the application of the suspension or expiry of the permit, authorization, qualification or registration obtained.
ARTICLE 138. . A fine of TRES MIL (3,000) will be imposed on VEINTE MIL (20.000) minimum tickets to the carrier that, in the face of the request of the Implementation Authority or in compliance with its obligations, will present data or other false elements or with inexcusable errors.
When these vices are verified in general balance sheets, exploitation results, statistics, insurance or affidavits, the fine will be from SEIS MIL (6,000) to TREINTA MIL (30,000) minimum tickets.
Both offences may be considered causal to resolve the suspension or expiration of the permit, authorization, qualification or registration granted.
ARTICLE 139. . The non-observance of the registration regime provided for in the current regulations for the different types of services, the absence of registration of the operations and of supporting documentation of the transport activity carried out during the minimum periods stipulated by the regulations, will be fined by CINCO MIL (5,000) to VEINTE MIL (20.000) minimum tickets.
ARTICLE 140. . Unjustified non-compliance with quotations emanating from the Implementation Authority will be fined from UN MIL (1,000) to DIEZ MIL (10.000) minimum tickets.
ARTICLE 141. . The non-observance of any other statute of limitations applicable in the matter, when the same provision provides that its breach shall result in the application of the penalties set forth in the present regime, and provided that they are not expressly detailed in the preceding articles, shall be fined from DOSCIENTA (250) to DOS MIL (2,000) minimum tickets.
(Note Infoleg: by art. 55 of the Annex to Decree No. 1035/2002 B.O. 19/6/2002 states: "Refer Part II of Section II of Decree No. 253 dated 3 August 1995." This change has not been reflected in the present updated text due to material impossibility for its preparation)
Background- Article 4 replaced by art. 3rd Decree No. 1395/98 B.O. 04/12/1998;
- Article 7 replaced by art. 4th Decree No. 1395/98 B.O. 04/12/1998;
- Part II of Section II repealed by art. 28 of Annex I Decree No. 105/98 B.O. 29/01/1998;
- By art. 29 Annex I Decree No. 105/98 B.O. 29/01/1998 is declared inapplicable to road cargo transport under Section II, Title III;
