NATIONAL COMMISSION ON TRANSPORT REGULATION Decree 1388/96 Please consider the integration of the National Commission. Approve your Statute.
Bs. As., 29/11/96
VISTO the provisions of Decree No. 660 of 24 June 1996 and
That Article 40 of Decree No. 660/96 merged into the scope of the former SECRETARY of ARTWORKS and PUBLIC SERVICES, currently SECRETARIAT OF PUBLIC ARTWS AND TRANSPORT OF THE MINISTERY OF ECONOMY AND PUBLIC SERVICES, to the NATIONAL COMMISSION FOR TRANSPORTATION OF THE
That also, in the orbit of the SECRETARY for PUBLIC AND TRANSPORT OF THE MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, the UNITY OF COORDINATION OF THE PROGRAMME OF FERROVIARY RESTRUCTURATION operates, which it is necessary to absorb and integrate into the above-mentioned Commission, in accordance with the Resolution of the MINISTERIAL No. 792 of 22 July 1993 has among its functions and powers, control and control of the concessions granted for the exploitation of the railway services of passengers of the METROPOLITANA AREA of the CIUDAD de BUENOS AIRES.
Given the diversity and overlap of existing functions in the precited commissions, it is necessary to establish the common and specific tasks of each mode of transport that will have the NATIONAL COMMISSION ON TRANSPORT REGULATION OF THE SECRETARY OF PUBLIC AND TRANSPORTS OF THE MINISTERY OF ECONOMY AND PUBLIC SERVICES.
That it is necessary to exclude from the competence of the Commission, the role of the management of the system of motor and rail transport of passengers and cargo, in order to concentrate its resources on the control and control of the activities carried out by its operators, as well as the protection of the rights of the users.
This is done as the management function is an essential element of transport system planning, which corresponds to the levels of political decision.
That, through Joint Resolution of the ex-SECRETARY for the transfer of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES No. 204 and the ex-SECRETARIAT OF PUBLIC ARTWORKS OF THE MINISTERY OF ECONOMY AND PUBLIC SERVICES No. 144 of 7 December 1995 has been transferred to the NATIONAL COMMISSION ON AUTOMOTOR TRANSPORT of the former MINISTERY OF ECONOMY AND ARTS AND PUBLIC SERVICES, the control and control functions of the TERMINAL ESTATION OF OMNIBUS FOR THE RETIRE OF GOODS.
That, in order to preserve the continuity in the control of the aforementioned terminal, it is necessary to incorporate into the NATIONAL COMMISSION ON REGULATION OF THE STRANSPORTS of the SECRETARIAT OF PUBLIC AND TRANSPORTS of the MINISTERY OF ECONOMY AND OURS AND SERVICES PUBACTS the functions mentioned in the preceding consideration.
That for the management of the control and control entity it is necessary to create a body of a collegiate nature, made up of CINCO (5) members with technical and professional background in the matter, which will be appointed by the NATIONAL EXECUTIVE PODER, with a duration in their positions of CINCO (5) years.
A regime of incompatibility is envisaged for the exercise of the charges.
That the functions and powers of the Board and the Chairman of the Board are established for the best functioning of the Commission.
That the implementation of this measure does not imply any increase in the credits authorized for this Exercise by Law No. 24,624 of General Budget of Expenditure and Calculation of Resources for the National Administration, and is contemplated in the forecasts for the Exercise 1997.
That the General Directorate of Humanitarian Affairs of the MINISTERY of ECONOMY and ARTWS and PUBLIC SERVICES has taken action.
That the UNITY OF REFORM AND MODERNIZATION OF THE STATE OF THE MINISTRY GABINETE JEFATURA and the SECTOR'S TECHNICAL COMMISSION PUBLICO have taken the intervention that belongs to them, giving favor.
That the present measure is determined by virtue of the emerging powers of Article 99 (1) of the NATIONAL CONSTITUTION.
THE PRESIDENT OF THE ARGENTINA NATION
Article 1 The NATIONAL COMMISSION ON TRANSPORT REGULATION OF THE SECRETARY OF PUBLIC AND TRANSPORT OF THE MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICS shall be composed of the former NATIONAL COMMISSION OF AUTOMOTOR TRANSPORT, the former NATIONAL COMMISSION OF FERROVIARY TRANSPORT and the absorption of the COORDINATION UNITY OF THE PROGRAMME OF FERROVIARY RESTRUCTURATION created by Resolution of the MINISTERIO OF ECONOMY AND PUBLICAL SERVICES No. 792 of 22 July 1993, with the Board of Directors, the powers and competencies assigned in the Statute approved and accompanied as Annex I, and in accordance with the organigram, objectives and actions, and managerial levels, which are encamped in Annexes II, III and IV, respectively.
Art. 2° The Directors of the former NATIONAL COMMISSION OF AUTOMOTOR TRANSPORT and of the former NATIONAL COMMISSION OF FERROVIARY TRANSPORT cease their functions as such.
Art. 3° 3 Please refer to the Chief of Cabinet of Ministers for approval, within a period not exceeding TEN (10) working days, from the publication of the present decree, the organizational structure with the floor of the NATIONAL COMMISSION ON TRANSPORT REGULATION OF THE SECRETARIAT OF PUBLIC WORKS AND TRANSPORTS OF THE MINISTERY OF ECONOMY AND PUBLIC SERVICES.
In that time, it will transfer to the SECRETARIAT OF PUBLIC ARTWORKS AND TRANSPORT of the MINISTERY OF ECONOMY AND ARTS AND PUBLIC SERVICES, the management functions carried out by the merged and absorbed organisms, with the corresponding staff and resources.
The NATIONAL COMMISSION ON REGULATION OF THE SECRETARIAT OF PUBLIC AND TRANSPORT OF THE MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICS shall be governed by their relationship with the staff, by the requirements contained in Act No. 20,774 on Contracts of Work.
Art. 4°. For the determination of the assets, please provide the Board with the preparation of the corresponding inventory of the same, in accordance with Article 3, for which it will have the time limit of NOVENTA (90) working days, starting with the publication of this decree.
The inventory should be approved by the SECRETARIAT OF PUBLIC ARTWORKS AND TRANSPORT of the MINISTERY OF ECONOMY AND PUBLIC SERVICES.
Art. 5°. Please note the salary scale for the staff of the Commission in accordance with the detail that, as Annex V, is accompanied by this act.
Art. 6° The expenditure that demands the application of the provisions of this decree will be met from the provisions provided for in Jurisdiction 50.00 - MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES.
Art. 7° Deróganse los Decretos N° 104 del 26 de enero de 1993, N° 2044 del 6 de octubre de 1993, N° 1836 del 1 de setiembre 1993 y N° 2218 del 15 de diciembre de 1994, y la Resolución N° 792 del MINISTERIO DE ECONOMIA Y ARTWORKS AND PUBLIC SERVICES, de fecha 22 de julio de 1993.
Art. 8° Contact, post, give to the National Directorate of the Official Register and archvese.. MENEM. Jorge Jorge A. Rodríguez.. Roque B. Fernández.
Annex I (Annex replaced by art. 1 Decree No. 1661/2015 B.O. 20/8/2015. Watch: from the day of publication in the Official Gazette)
STATUS OF THE NATIONAL COMMISSION ON TRANSPORT REGULATION
ARTICLE 1. The NATIONAL COMMISSION ON THE REGULATION OF THE TRANSPORT SECRETARY OF TRANSPORTATION of the MINISTERY OF INTERIOR AND TRANSPORTE will have its headquarters in the Autonomous City of Buenos Aires, which can establish delegations in the provinces.
ARTICLE 2. The NATIONAL COMMISSION ON TRANSPORT REGULATION will act as an autonomous entity within the scope of the TRANSPORT SECRETARY of the MINISTERY OF INTERIOR AND TRANSPORT. The preparation of its budget will be carried out by the NATIONAL BUDGET OFFICE of the MINISTERY OF PUBLIC ECONOMY AND FINANCIALS.
The NATIONAL COMMISSION ON TRANSPORT REGULATION shall be governed by the requirements of the Employment Contract Act No. 20,744 (t. 1976) and its amendments and the Collective Labour Convention for the National Civil Service, as approved by Decree No. 214 of 27 February 2006.
ARTICLE 3. For the control and control of transport by the NATIONAL COMMISSION ON TRANSPORT REGULATION, set the following objectives:
(a) Protect the rights of users.
(b) Promote market competitiveness of the modalities of transport hereunder.
(c) To promote greater safety, quality and efficiency in the service, better operation, reliability, equality and widespread use of the system of motor and rail, passenger and cargo transport, ensuring adequate development in all its modalities.
ARTICLE 4. The NATIONAL COMMISSION ON TRANSPORT REGULATION shall exercise its functions on the transport of motor and rail, passengers and cargo subject to national jurisdiction. It is expressly excluded from its competence regarding the railway transport that operates in the national port zone and in the particular deviations, from the limit of the railway property, as well as the transport through trams or other light-guided systems.
ARTICLE 5. These are the duties of the NATIONAL COMMISSION ON TRANSPORT REGULATION:
(a) Ensure the publicity of their decisions, including the background on which they were made.
(b) To receive and process promptly any complaints, complaints or requests for information from the users or third parties concerned concerning the proper provision of services.
(c) To intervene without delay when, as a result of proceedings initiated on an ex officio or on a complaint, it considers that any act or procedure of a company or operator subject to its jurisdiction is in violation of existing rules, or in some way affects security, ordering the companies or operators involved to have the necessary measures to correct or immediately cease the conditions or actions contrary to security.
(d) To keep up-to-date information on national and international trends in the field and on the development of new technologies and operational modalities related to the efficient, safe and reliable delivery of services.
(e) Proposing SECRETARIAT for the transfer of the Ministry of Foreign Affairs And TRANSPORT the dictation of regulatory rules regarding technical, operational, safety, quality and functional aspects of transport.
(f) To elect the Ministry of Foreign Affairs on an annual basis And TRANSPORT a report on the activities carried out by the entity in the previous year and its proposal on the activities to be carried out in the next year.
ARTICLE 6. These are the powers of the NATIONAL COMMISSION ON TRANSPORT REGULATION, in respect of the modalities herein:
(a) Apply and enforce laws, decrees and other regulations on transport.
(b) Fiscalize the activities of the companies and operators of motor and rail transport.
(c) Request the necessary information and documentation to transport companies and operators, to verify and evaluate the performance of the transport system and the best compliance with the mandated control, with adequate protection of the confidentiality of the information that may correspond.
(d) Apply the penalties provided for in the various legal regulations relating to transport and penalties set out in the current regulations and in the existing concession contracts.
(e) Provide the information requested by the Ministry of Transport of the Ministry of Foreign Affairs and Transport, concerning:
I) The determination of the bases and conditions of selection for the granting of new public service permits for passenger automotive transport.
II) Calls to participate in selection procedures for the coverage of public passenger transport services by motor.
III) Projects of invitations to bid to grant in concession or operation sectors of the railway network.
(f) Administratively resolve claims by users or other interested parties.
(g) To collaborate in the promotion of public policies aimed at the protection of the environment, monitoring effective compliance with the applicable regulations.
(h) To promote in the competent courts, judicial proceedings or the provision of precautionary measures, in order to ensure the performance of their functions and the purposes of this decree.
(i) Assist the SECRETARY OF TRANSPORTATION of the MINISTERY OF INTERIOR AND TRANSPORT, to its requirement, in all matters of competence of the NATIONAL COMMISSION ON TRANSPORT REGULATION.
(j) Requiring any plans it deems relevant and giving an opinion when deviating from the security or quality of the service.
(k) Collaborate in the implementation of policies aimed at ensuring accessibility to the system, monitoring compliance with existing regulations.
I) Develop reports on administrative aspects relating to companies and operators.
(m) To recalibrate, systematize and analyse statistical information on transport, in order to know and have the elements to evaluate the performance of the system.
(n) To conclude assistance and cooperation agreements with National Universities and Non-Governmental Organizations with a view to developing actions aimed at assessing efficiency and accessibility to the public transport system and protecting the rights of users.
(ñ) To require the assistance of the public force when necessary for the exercise of its functions, under its sole responsibility.
(o) To audit and monitor the operation of the mandatory technical review workshops (RTO) for vehicles affected to passenger transport services and cargoes of national jurisdiction, to carry out checks, to process relevant summary records and to propose or apply, as appropriate, the penalties provided for in the regulations governing the matter. (Included by Article 4 of the Decree No. 240/2019 B.O. 3/4/2019)
(p) Establish information systems related to the establishment and registration of mandatory technical review workshops (RTO) of vehicles affected to passenger transport services and cargoes of national jurisdiction. (Included by Article 4 of the Decree No. 240/2019 B.O. 3/4/2019)
(q) Propose the legal regime, requirements, technical characteristics or other rules that make the operations of the mandatory technical review workshops (RTO) of vehicles affected to passenger transport services and cargoes of national jurisdiction. (Included by Article 4 of the Decree No. 240/2019 B.O. 3/4/2019)
(r) Supervising the general administrative regime of the mandatory technical review workshops (RTO) of vehicles affected to passenger transport services and cargoes of national jurisdiction. (Included by Article 4 of the Decree No. 240/2019 B.O. 3/4/2019)
(s) Implement, by itself or through contracting, the system of Quick Technical Review Workshops on the vera of the road (TRTR), provided for in the regulation of Law No. 24.449. (Included by Article 4 of the Decree No. 240/2019 B.O. 3/4/2019)
ARTICLE 7. In the area of motor transport, for the performance of its functions, it shall have the following powers:
(a) To monitor the activities of operators in all aspects prescribed in the applicable regulations.
(b) To control the terminal bus stations of national jurisdiction. (Replaced by art. 10 of the Decree No. 240/2019 B.O. 3/4/2019)
(c) Controlling the provincial, municipal or AUTÓNOMA execution of good AIRES subsidies provided by the SECRETARY of TRANSPORT OF INTERIOR MINISTERY And TRANSPORT for the realization of infrastructure works.
(d) Assist in the conclusion of agreements and agreements with provincial, municipal or AUTÓNOMA DE BUENOS AIRES, in all matters concerning the administration and control of the motor transport.
(e) Perceiving and monitoring the collection of tariffs, fees and tariffs on motor transportation.
(f) To promote, where appropriate, the suspension and expiration of permits and licences for the subsequent resolution of the SECRETARY OF TRANSPORT OF THE MINISTERY OF INTERIOR AND
ARTICLE 8. In order to control the management of railway transport under its jurisdiction, it will aim to monitor the activities of railway companies and operators, in respect of the fulfilment of the obligations arising from the applicable regulations.
For the purposes of the preceding paragraph, it shall:
(a) Control of services under their jurisdiction, provided by dealers or operators, in order to ensure their execution in appropriate and efficient quantity and quality, in accordance with complaints and claims of users.
(b) To require companies and operators information on any modification to the system.
(c) Manage the records of operators who believe in their jurisdiction for the provision of railway services.
(d) Control the payment of the canon and the agreed rentals, in the form and the contractually established period.
(e) Procurate the certification of the advance of the works and provisions of the Investment Programme and the provisional and final receipt of the same ones assigned to it, intervening in the process of receipt of the goods that are discharged by the concessionaires while the respective contract is in force.
(f) Ensuring the monitoring and maintenance of property in administration.
(g) Fiscalize the performance of contracts in terms of the conditions of exploitation of the assets affected to the concession.
(h) Verify the effectiveness of contract compliance assurances with the intervention of the relevant technical agencies and the validity of insurance policies established in concession contracts.
(i) Verify the validity of public and private operator insurance policies.
(j) Resolve the conflicts that may arise in respect of their competence between the ADMINISTRATION OF FERROVIARY INFRATS SOCIEDAD OF THE STATE or the FERROVIARY OPERATORS SOCIEDAD OF THE STATE or FERROCARRILES ARGENTINS SOCIEDAD OF THE STATE and the concessional companies of the railway transport service.
(k) To resolve the conflicts arising from the implementation of the open access modality. (Included by art. 12 of the Decree No. 1027/2018 B.O. 8/11/2018. Watch: from the day after the date of publication in the Official Gazette)
ARTICLE 9 With regard to the technical control of rail transport, it will aim to control compliance with existing standards, with respect to fixed infrastructure and rolling material.
For the purposes of the preceding paragraph, it shall:
(a) Procurate with the intervention of relevant agencies, the adoption by companies or railway operators of measures conducive to the security of the goods affected to the provision of services in order to ensure their normal provision, and the protection of the persons and things transported.
(b) To intervene in the investigation of railway accidents which, by their significance, gravity or particular characteristics, require their direct participation in the analysis and determination of the facts and consequences.
(c) To monitor the implementation of infrastructure and rolling stock maintenance programmes.
(d) Issue Certificates of Professional Indonesian and National Enablement of Ferroviary Drivers.
(e) To approve the security aspects of the design and manufacture of the new rolling material of national origin.
(f) Authorize the opening and closing of steps at the level, both vehicles and pedestrians, as well as authorizing cross-sections at different levels (singles and bridges) vehicles and pedestrians that comply with the provisions of the regulations in force in the matter, and propose to the TRANSPORT SECRETARY of the MINISTERIO OF THE INTERIOR and TRANSPORTE the resolution of the cases that I am granted.
(g) Authorize the technical aspects of the road crossings and parallel lines of third-party services in the areas of existing railway concessions.
(h) Issue, where necessary, instructions on safety measures, mandatory compliance by railway companies or operators.
(i) To order the companies and railway operators to immediately separate the service from any employee, in a preventive and temporary manner, when an inspection determines that the employee is not in a position to provide the service to his or her position in safety and to require in cases where the corresponding summary determines the dangers of an infringement or the responsibility of the employee, his or her inability and his definitive separation from the position that he or she had performed and any other security.
(j) Enable or rehabilitate the establishment of lines, branches and stations, as regards ferroviary security.
(k) Analyse communications systems and make recommendations for their unification; (Included by art. 10 of the Decree No. 1027/2018 B.O. 8/11/2018. Watch: from the day after the date of publication in the Official Gazette)
(l) Enable the rolling material, either by itself or by third parties, by preparing the pre-opening procedure for the first time, after a general review, modification in its configuration or characteristics, or in case of a serious accident. (Included by art. 10 of the Decree No. 1027/2018 B.O. 8/11/2018. Watch: from the day after the date of publication in the Official Gazette)
ARTICLE 10. For the purposes of carrying out the missions provided for in Articles 6th, 8th and 9th of the present, the NATIONAL COMMISSION ON TRANSPORT REGULATION:
(a) It shall require information from the railway companies and operators and shall carry out inspections of the same place in order to determine the degree of compliance given by them to the safety standards in the operation, in the road materials, bearing materials, built-in security structures and equipments and to maintain them, as well as issues related to the quality of the service and maintenance of the goods.
(b) It will order the companies and railway operators the actions they must comply with, with a view to complying with the rules on safety and railway quality, when they check deficiencies or omissions in their application.
(c) Promote the correctness of the faults identified following inspections, issuing, where appropriate, directives for correction and sanitation. Any intimation made in this regard will result in the person who receives the obligation to respond and inform the NATIONAL COMMISSION ON TRANSPORT REGULATION of the actions taken.
(d) Shall impose penalties for calls of attention, notice and fines on any private or concessional railway operator under its jurisdiction who does not comply with the security or quality provisions, or who does not respect the directives issued by the NATIONAL COMMISSION ON TRANSPORT REGULATION; all of this in the framework of the procedure that ensures the person concerned the proper administrative process.
(e) Shall impose the penalties for attracting attention and giving notice to any State railway operator under its jurisdiction who does not comply with the security or quality provisions, or who does not respect the directives issued by the NATIONAL COMMISSION ON TRANSPORT REGULATION; all in the framework of the procedure that ensures that the person concerned has due administrative process.
(f) He will inform the SECRETARY OF TRANSPORT OF INTERIOR MINISTERY And TRANSPORT, in detail, of the broken actions, the sanctions imposed on the companies and the railway operators and their performance.
ARTICLE 11. The NATIONAL TRANSPORT REGULATION COMMISSION will be headed by UN (1) Executive Director, with rank and hierarchy of Assistant Secretary, who will be assisted by UN (1) Deputy Executive Director and both will be appointed in their functions by the NATIONAL EXECUTIVE POWER, among persons with relevant technical and professional backgrounds.
Those who have had relations or interests during the DOS (2) last years prior to the appointment, with transport companies, may not be appointed in the positions indicated, except those who have held positions as Director or Syndic on behalf of the NATIONAL STATE.
The Executive Director shall replace the Executive Director in case of absence or impediment. It shall have an equivalent remuneration at Level A Grade 10, Executive Function Level I of the National System of Public Use (SINEP), approved by Decree No. 2098 of 3 December 2008 and amended.
ARTICLE 12. The Executive Director and the Deputy Executive Director shall have full dedication in their role by providing them with the incompatibility set by law for public officials. In addition, during their term of office and up to DOS (2) years later they may not be owners or have any direct or indirect interest, in transport companies or possess in them the amount of sufficient actions that allow them to exert a dominant influence on the social will of the aforementioned companies, or to maintain with them any employment or professional relationship.
They may only be removed from their posts on the basis of the founding act of the NATIONAL EXECUTIVE POWER, for breach of the obligations set forth in this decree.
ARTICLE 13. The Executive Director shall be responsible for the following functions and powers:
(a) To exercise the legal representation and general direction of the NATIONAL COMMISSION ON TRANSPORT REGULATION and to act in judgment when the Commission is an actor or a defendant in matters of its exclusive competence, having the power to absolve positions in trial, being able to do so in writing, being replaced by the Deputy Executive Director in case of impediment or absence.
(b) To proceed annually to the preparation and publication of the report of the NATIONAL COMMISSION ON TRANSPORT REGULATION.
(c) Provide relevant information for the preparation of the budget of the NATIONAL COMMISSION ON TRANSPORT REGULATION.
(d) Partially delegate the necessary powers for the better implementation of the purposes of the NATIONAL COMMISSION ON TRANSPORT REGULATION.
(e) To exercise the administration of the NATIONAL TRANSPORT REGULATION COMMISSION, by signing to that end the relevant administrative acts and appointing, hiring, removing, punishing and directing staff.
(f) Dictate the regulations necessary for the operational functioning of the NATIONAL TRANSPORT REGULATION COMMISSION.
(g) In general, perform all other acts necessary for the performance of the functions of the NATIONAL COMMISSION ON TRANSPORT REGULATION.
ARTICLE 14. In its relations with individuals and with the NATIONAL PUBLIC ADMINISTRATION, the NATIONAL COMMISSION ON TRANSPORT REGULATION shall, in addition to the provisions of the present Act, be governed by the provisions of Act No. 19.549, the Regulation of Administrative Procedures Decree 1759/72 T.O. 1991 and other legal and regulatory regulations in force in the field of transport, as long as applicable.
ARTICLE 15. When, as a result of procedures initiated on an informal basis or by a complaint, the NATIONAL COMMISSION ON TRANSPORT REGULATION considers that any act of a service provider is in violation of the existing regulations, shall notify all interested parties and may convene a public hearing, being entitled to, prior to the determination of the existence of such a violation, dispose according to the act in question, all such preventive measures as may be necessary.
Annex II (Annex replaced by art. 1 Decree No. 1661/2015 B.O. 20/8/2015. Watch: from the day of publication in the Official Gazette)
Annex III (Annex replaced by art. 1 Decree No. 1661/2015 B.O. 20/8/2015. Watch: from the day of publication in the Official Gazette)
NATIONAL COMMISSION ON TRANSPORT REGULATION
1. Instrumentate the necessary mechanisms to ensure the control and control of the operation of the system of motor and rail transport, passengers and cargo of National Jurisdiction, with the aim of ensuring the proper protection of the rights of users and promoting the competitiveness of the markets.
2. Exercising police power in the field of the transport of its competence, controlling the effective enforcement of existing laws, decrees and regulations, as well as the execution of concession contracts and operating agreements; and controlling the activity carried out by operators and transport dealers.
3. Assist the SECRETARIAT OF TRANSPORTATION of the MINISTERY OF INTERIOR AND TRANSPORT in all those aspects relating to its competence.
UNITY OF INTERNAL AUDITORY
Execute internal control of the NATIONAL TRANSPORT REGULATION COMMISSION pursuant to Act No. 24.156.
1. Conduct analysis and review of budgetary, economic, financial, property, policy and management aspects.
2. To make the comparison and assessment of what was actually done with the annual Action Plans, the Organizational and Procedure Manuals of the NATIONAL COMMISSION ON TRANSPORT REGULATION.
3. To permanently evaluate the operational management of each of the areas.
4. To commend to the Executive Director the observations and recommendations that arise from the analysis and evaluation carried out, and to allow the optimization of the activities of the agency.
CONTROL GERENCE OF AUTOMOTOR TRANSPORT PERMISES
Coordinate and control compliance with automotive transport permits in administrative, technical and operational aspects.
1. Apply and enforce permits.
2. Collaborate on the modification, renewal, suspension or expiration of permits and licenses from your competence.
3. Propose to the Executive Director the application of the penalties and fines established in the contracts to the operators of transport, and/or in the existing legal rules.
4. To advise on the preparation of tenders, negotiations, awards and modification of contracts for the granting of their competence.
FERROVIARY MANAGEMENT GERENCE
Fiscalize the activities of the railway companies and operators, according to the applicable regulations in the field of railway management.
1. Apply and enforce concession, operation and/or legal rules in force under your jurisdiction.
2. Requiring and analyzing plans for the provision and quality of service and accessibility, rendering opinions when warnings.
3. Develop reports on administrative matters where the entity of the act so merits it.
4. Fiscalize railway companies and operators for the purpose of evaluating the quality conditions and provision of service to the user.
5. Request all information necessary for the performance of your functions.
6. Manage operator records for the provision of rail services that are believed in their jurisdiction.
7. Fiscalize the payment of canon and rents under your jurisdiction.
8. Fiscalize the advance of the works of Investment Programs where the agency is expected to intervene.
9. Collaborate in the process of transfer and return of goods from the concessionaires and railway operators, in the projects of remodeling, enabling of infrastructure and rehabilitation works and in the elimination or abandonment of line, branches and stations.
10. Verify the validity and adjustment to the existing regulations with the intervention of the relevant agencies of the insurance policies that are required.
11. Intervene, in the matter of its competence, in the resolution of conflicts that may arise between the ADMINISTRATION OF FERROVIARY INFRASTRUCTURES SOCIEDAD OF THE STATE, the FERROVIARY OPERATOR society SOCIEDAD OF THE STATE, FERROCARRILES ARGENTINS SOCIEDAD OF THE STATE and the concessionary companies of the railway transport service.
12. Collaborate and advise on the allocation, modification, renewal, suspension or expiration of permits, licences, concessions or operating agreements of your competence.
13. Substance the sanctioned administrative procedures initiated for breaches of the existing rules on their competence.
14. Assist the Executive Director in the subjects of his competence.
15. Manage statistical records and databases of the railway transport system.
16. Promote the conclusion of assistance agreements within its competence.
17. Intervene in conflicts that are committed to the implementation of the open access modality. (Point incorporated by art. 13 of the Decree No. 1027/2018 B.O. 8/11/2018. Watch: from the day after the date of publication in the Official Gazette)
HUMAN RESOURCES AND ADMINISTRATION
Implementing economic-financial management for the rational allocation of material resources and promoting greater efficiency in the organization and performance of human resources.
1. To receive and monitor the collection of the National Transport Control Rate and other resources of the NATIONAL TRANSPORT REGULATION COMMISSION.
2. Manage the funds of the NATIONAL COMMISSION ON TRANSPORT REGULATION and register the administrative acts related to its economic, financial and property management.
3. Process purchases or locations of goods and services and/or any other kind of public or private procurement to be made.
4. Design a human resources policy in line with the needs of the agency and implement the means to make it effective.
5. Monitor the preparation of the financial and economic budgets by setting the guidelines for their implementation and informing the Executive Director of the status of their implementation and implementation.
6. Supervising the efforts to achieve funds before the MINISTERY OF ECONOMY AND PUBLIC FINANCE.
7. To monitor the collection efforts and the evolution of payments, in order to provide for the needs of funds and the items of their impact.
CALITY AND PRESTATION OF SERVICES
Promote and monitor efficiency and quality in the provision of ground transportation services.
Protect the rights of users through communication with the community, the attention and resolution of their claims and the receipt of their suggestions.
1. Centralize the reception of complaints and suggestions from users and the general public, of the different modes of transport of passengers and cargo.
2. Define and establish user protection regulations in each mode of transport.
3. Establish education and dissemination programmes for transport users.
4. Coordinate the information collection elements of the NATIONAL TRANSPORT REGULATION COMMISSION to monitor the level of user satisfaction.
5. Encourage continuous improvements in the performance of transport operators and the definition of quality standards in the provision of public services.
6. Control compliance with quality standards.
7. Exercise the Executive Secretariat of the User Advisory Council.
AUTOMOTOR TECHNICAL CONTROL
To carry out, by themselves or through third parties, the technical control and control of vehicles affected to the provision of passenger and cargo transport services.
Manage, coordinate and control the Psychophysical Assessment System of Drivers affected to freight and passenger transportation services.
Conduct control of the operators of the automotive transport system, in terms of their technical, economic and financial aspects and evaluate the overall functioning of the system.
1. Fiscalize the activities of the lending companies and/or automotive transport dealers regarding the state of the mobile park and facilities affected to the provision of the service or activity and the hiring of insurance.
2. Control the psychophysical aptitude and the suitability of the driving personnel of passenger and cargo automotive services and activities.
3. Control the operation of the national jurisdiction bus terminal stations. (Punto replaced by art. 11 Decree No. 240/2019 B.O. 3/4/2019)
4. Manage the mobile park records of the transport operators of the area of your competition.
5. Assist in the conclusion of agreements and agreements with provincial authorities.
6. To grant licenses for drivers of passenger and cargo motor vehicles.
7. Propose to the Executive Director the application of penalties and fines in the face of non-compliance with existing legal standards.
8. Collect and systematize statistical information.
9. Conduct studies, assessments and policy projects.
10. To approve the plans of motor vehicles for the transport of passengers within the national jurisdiction, in accordance with the existing standards.
GERENCE OF LEGAL MATTERS
To exercise judicial and administrative representation and to provide legal advice to the NATIONAL COMMISSION ON TRANSPORT REGULATION in its relationship with government agencies and with respect to third parties, both in administrative and judicial headquarters.
1. Intervene in the interpretation and application of regulations on the control of motor and rail transport.
2. To represent and defend the interests of the NATIONAL COMMISSION ON TRANSPORT REGULATION in all types of legal conflict, both judicially and extrajudicially.
3. Assist the Executive Director in his capacity as Legal Representative.
4. To effect the prosecution and prosecution of judicial proceedings that may require it.
5. Dictamine in the actions that, in the field of transport, so require.
6. Monitor and advise on the preparation of records and meetings of the NATIONAL COMMISSION ON TRANSPORT REGULATION and its organs.
7. To advise on the claims of users and their conflicts with the lenders of the activity.
8. To advise on the interpretation and scope of the folds and rules governing the competition, recruitment and execution of works in railway matters.
9. To advise and prepare the instruments for the realization of agreements with companies, operators or other entities of the NATIONAL STATE and/or provincial.
10. Instruct the summaries that may correspond to the implementation of the current regulations on transport control and control and propose sanctions.
11. To advise and prepare the legal instruments for the realization of contracts of purchase, sale, location of works and services, mandates, representation, rentals, leases, as well as the solicitation documents for tenders.
12. Implement legal instruments related to guarantees and guarantees submitted to the NATIONAL COMMISSION ON TRANSPORT REGULATION.
13. Analyse relevant documentation in order to proceed with the release of vehicles retained under the control tasks.
14. Process administrative, judicial or parliamentary offices entering the Agency.
FERROVIARY TECHNICAL CONTROL
Control that the railway companies and operators carry out the actions necessary to comply with the existing technical standards, both in the infrastructure and the rolling material, and in the operational practices.
1. Request the presentation of maintenance plans.
2. Conduct inspections on roads and works, signaling and communications systems, electrical power installations for traction, lighting and driving force, rolling material and operational practices.
3. To carry out the engineering analysis necessary for the authorization of the road and service crossing projects, and for the approval of the design and manufacture of the new rolling material of national origin, as well as of any technical railway matter that is required and on which it is appropriate to be issued.
4. To carry out the administrative monitoring of accidents in order to ensure that railway companies and operators take the measures to avoid their reiteration.
5. Perform the theoretical and practical evaluations necessary to issue the Certificates of Professional Idoneity and the National Enablement of Ferroviary Conductors.
6. Conduct controls on procedures implemented by railway companies and operators to grant psychophysical aptitude and training of operational personnel.
7. Verify compliance with the applicable regulations on hygiene, safety and environmental conservation by railway companies and operators, in all that does not correspond specifically to another State agency.
8. Substantial processes for breaches of maintenance, safety and accidents.
9. Issue and/or propose the issuance of instructions on mandatory compliance security measures by railway companies and operators.
10. Analyse communications systems and make recommendations for their unification. (Point incorporated by art. 11 Decree No. 1027/2018 B.O. 8/11/2018. Watch: from the day after the date of publication in the Official Gazette)
11. Grant, by itself or by third parties, the enabling of the rolling material. (Point incorporated by art. 11 Decree No. 1027/2018 B.O. 8/11/2018. Watch: from the day after the date of publication in the Official Gazette)
Annex IV (Annex replaced by art. 1 Decree No. 1661/2015 B.O. 20/8/2015. Watch: from the day of publication in the Official Gazette)
DIRECTIVE FUNCTION (**)
| || |
| || |
(**) Non-remunerative and non-refundable
(Payment balance for the posts of President, Vice-President and Vocal repealed by art. 5 of the Decree No. 110/2015 B.O. 06/02/2015)
- Annex I (Note Infoleg: by art. 4° Decree No. 110/2015 B.O. 06/02/2015 states that whenever the present Statute makes reference to the “Directory” or the “President of the Board” should be understood as referring to the “Executive Director”
- Annex I, Article 10 replaced by art. 2nd Decree No. 110/2015 B.O. 06/02/2015;
- Annex I, Article 11 replaced by art. 3° Decree No. 110/2015 B.O. 06/02/2015;
- Annex I, Article 12, Subparagraph (a) repealed by art. 5° Decree No. 110/2015 B.O. 06/02/2015;
- Annex I, Article 13, Subparagraph 2) repealed by art. 5° Decree No. 110/2015 B.O. 06/02/2015;
- Annex III, JURIDIC MATTERS, Actions, Subparagraph 8) repealed by art. 5° Decree No. 110/2015 B.O. 06/02/2015.