Key Benefits:
Bs. As., 27/11/98
VISTO Issue No. 039650/98 of the Register of the NATIONAL COMMISSION ON TRANSPORT REGULATION, under the SUBSECRETARIA DE TRANSPORTE TERRESTRE of the SECRETARIAN TRANSPORT OF THE MINISTERY OF ECONOMY AND PUBLIC SERVICES AND
CONSIDERING:
Since 1989, the National Government has begun a new stage in its economic history, characterized by the establishment of a popular market economy, which has as constitutional basis the freedom of trade as a principle of a permanent character of the social and economic organization of the ARGENTINA REPUBLIC.
That for the purpose of freeing the productive forces of the Nation from the regulations and restrictions that found basis at the time of their sanction, but that in recent years they had been constituted in a factor of backwardness and hindering national development, by means of Decree No. 2.284, dated 31 October 1,991, ratified by Article 19 of Law No. 24,307, the limitations on the supply of goods and services related to the whole of the territory were ceased.
That Act No. 12,346 entrusted the NATIONAL EX-COMMISSION OF TRANSPORT COORDINATION, dependent on the former MINISTERY OF ARTS AND PUBLIC SERVICES, the determination of what should be understood as a public service of road motor transport for the purposes of that law, in accordance with the importance and regularity of the service provided.
That Article 6 of the above-mentioned Act provided that the passenger and freight rates of any transport company, except for the railways, should be subject to the approval of the ex-NATIONAL COMMISSION OF TRANSPORT COORDINATION, dependent on the ex-MINISTERY OF ARTWORKS AND PUBLIC SERVICES.
That, on the other hand, the law required companies to accept the transport of persons and effects that were authorized to drive, without agreeing preferences for reason of time and place, not to charge for transport a price other than that established in the approved rates, not to agree on differences of treatment to any shipper without special authorization, to carry the transports with the authorized routes and speeds, to supply all the statistical data that were required on the operations of third parties.
That, in relation to the automotive transport of passengers, with the merit of the deregulation provided for by the aforementioned Decree No. 2.284/91, the NATIONAL EXECUTIVE PODER, by Decree No. 958, dated 16 June 1,992, modified by its similar No. 808, dated 21 November 1,995, arranged to adapt the regime of inter-urban passenger transportation to the principles of opening and competition implemented by the National Government.
That, in particular, Decree No. 958/92 approved a new regime that allowed the organization of services in free competition and the increase of the supply in quantity, variety and quality, allowing companies to serve freely on all routes, also ensuring the continuity of public services on those routes determined by the Authority of Application.
CUATRO (4) different modalities for the provision of the passenger transport service: public services, free traffic services, executive services and transportation services for tourism.
That, on the other hand, Decree No. 656, dated 29 April 1994, as amended by its similar No. 1388, dated 29 November 1996, extended the measures adopted by Decree No. 958/92 to the automobile transport of passengers in the urban and suburban sphere, according to the characteristics of these services.
That, in particular, DOS was established (2) different modalities of automotive transport of urban and suburban passengers: public services and free supply services.
In this way, the coexistence of public services, with the characteristics of continuity, regularity, generality, compulsion, uniformity and equality, with other services that are provided in conditions of greater freedom and less regulation, was sought for both the urban and suburban spheres.
That the measures taken in the sector have favored the development of new services and permisionary companies of the passenger car service of national jurisdiction, as well as the emergence of new demands from the population.
On July 5, 1996, the HONORABLE CONGRESS OF THE NATION sanctioned Law No. 24,653, which approved the new regime for the carriage of loads and by its Article 6 created the Unique Registry of Automotive Transport, in which all that performs transport or transport services (such as exclusive activity or not) and their vehicles must be registered, as an indispensable requirement to exercise the activity. The same article clarifies, in its last paragraph, that this record also includes the passenger transport record.
That, on the basis of the foregoing, it is appropriate to instruct the SECRETARIAT for the transfer of the MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICS to take or promote, as appropriate, the necessary measures to simplify the system of passenger self-transport services of national jurisdiction, consolidating the deregulation and competence existing today in the system.
That by Act No. 21.844 it was established that violations or breaches of the legal and regulatory provisions in which the public self-transportation service borrowers under the control and control of the national authority shall be punished with notice, fines, suspension and expiry of the permits, in accordance with the regulations governing the NATIONAL EXECUTIVE PODER.
That Act No. 21.844 was successively regulated by the NATIONAL EXECUTIVE PODER, by Decree No. 698 of 23 March 1979, No. 2673 of 29 December 1992 and No. 253, dated 3 August 1995, currently in force.
It is appropriate to make amendments to the Regime of Penalties for Offences to Legal and Regulatory Provisions on Transport by Automotive of National Jurisdiction, approved by Decree No. 253/95.
That, first, it is appropriate to expressly provide for the consequences of the expiration of the permit, authorization, habilitation or registration, in order to prevent it from becoming illusory, in view of the possibility that the operator will re-register in the respective registry.
On the other hand, it is advisable to increase the amount of fines for offences that commit the safety of the transport, as well as those that constitute a conduct on the part of the offender that infringes the loyal competition within the system.
That under Article 7 of Decree No. 253/95 it was established that any person charged with an act or omission that is classified as prima facie in violation of the rules regulating the carriage by automotive of national jurisdiction being liable to the penalty of fines, may opt for the voluntary payment of the SESENTA BY CIENTO (60 %) of the minimum amount of the penalties that in each case may be less than TWO ticket.
That the experience gained in THREE (3) years of the validity of Decree No. 253/95 demonstrates the need to provide that such voluntary payment can be made in quotas, whereas Article 7 itself establishes, in its final part, that if after the conclusion of the summary procedure, penalties of a pecuniary nature are applied, the Implementation Authority may establish, on the basis and in accordance with the requirements of the relevant regulation, which may be paid in quotas.
That, in fact, the prospect of payment in instalments of the firm fine may lead the alleged offender to desist from receiving voluntary payment, while this benefit does not provide similar facilities, thus frustrating the intention sought with the incorporation of that institute.
That, to the foregoing, it is appropriate to replace Article 7 of Decree No. 253/95 in the stated sense.
That, in summary, the substitutions introduced by the present decree in the Penalties for Infringements to the Legal and Regulatory Provisions in the Field of Transport by Automotive of National Jurisdiction aim to grant it both to the SECRETARY OF TRANSPORTATION of the MINISTERY OF ECONOMIC AND SERVICES OF THE PUBLICARY REGULATION PUBLICOS, a legal instrument better suited to sanction violations of the current regulations, which will result in a more vigorous, efficient and secure system of motor transportation.
That in the light of the measures taken by the present decree, it is also appropriate to adopt a voluntary filing regime, to which all natural or legal persons who have been charged with an offence or have been fined for breaches of the rules governing the carriage of passengers of national jurisdiction.
That, in relation to the automotive transport of loads, the Regulation of Cargo Transport, approved by Decree No. 405, dated 5 March 1981, considered public service to the transport of road cargo carried by a natural or legal person on a onerous basis and on an equal basis for any operator.
That by Article 5 of Decree No. 2284/91, the release and deregulation of the automotive transport of loads, as well as of the cargo and discharge of goods and the hiring between the carriers and the loaders throughout the national territory, without prejudice to the police rules regarding the safety of transport and the preservation of the road system.
That, in this way, and taking into account that it was not justified to keep the transport of cargo under the regime of public service, characterized by concessions or permits that the National State grants to individuals, the regime of State concessions was replaced by a regime of liberties, where the particular did not see its activity of transporting road cargo to the permit of the National Civil Service, but exercised it for its own right.
That, in effect, by Decree No. 1494 of 20 August 1992, as amended by its similar No. 1495 of 23 August 1994, they were established as guiding principles of the transport of cargo by automotive the free entry to the borrower market, the freedom of contract between taker and payer of cargo, the preservation of the security of transit and transport, respect for the principles of free competition, of limited commercial intervention and the efficient national preservation of the environment.
That, expressly, Article 9 of the aforementioned Decree No. 1494/92 established that the transport of road cargo, whatever its modality, was not considered public service, requiring individuals or legal entities to develop the activity, only the registration in the former National Register of Cargo Transport by Automotive.
That the aforementioned Law No. 24,653, with the same philosophy as the norms dictated by the NATIONAL EXECUTIVE PODER, seeks to obtain a system of automotive transport of loads that provides an efficient, safe and economic service, with the capacity to meet the demand and operate with free prices.
That, in order to achieve such results, conditions and rules similar to those of the rest of the economy were established for the sector, with full freedom of contracting and traffic, for which purpose anyone can provide cargo transport services only in accordance with the provisions of Act No. 24.653.
That the Act repealed Decrees No. 1494/92 and No. 1495/94, thus without legal support the former National Register of Cargo Transport by Automotive.
That by Act No. 17.233 and its amendments, the National Transport Control Rate was created, which should be met annually by the public transport service permissionaries on streets and roads under the control and control of the national authority.
That, according to the deregulation of the automotive transport of loads, Law No. 24,378 established that the National Transport Control Rate shall be paid only by the natural or legal persons who perform transport services by automotive of passengers subjected to the counter and control of the SECRETARIAT OF TRANSPORTE of the MINISTERIO DE ECONOMIA and ARTS and SERVICES PUBLICOS, excluding the transport of the
That by the aforementioned Decree No. 253/95, the Regime of Penalties for Offences to Legal and Regulatory Provisions in the Field of Transport by Automotive of National Jurisdiction was approved, which established, in its Section II, infractions relating to transport services by passenger motor (Title I), to transport services by car engine of cargo (Table II) and breaches.
That, however, in spite of referring both to the automotive transport of passengers and cargoes, the regime of penalties uses as a unit of measure for the determination of the amount of the fines to be applied, the price of the minimum ticket of the tariff scale of public passenger transport services in the Federal District, in force on the day of the commission of the infringement or transgression, as set out in Article 2 of Law No. 21.844.
That Article 11 of Act No. 24,653 established a specific infringement regime applicable to those who carry road cargo, without meeting the requirements of the Act and its regulations, leaving the criminalization of violations and the graduation of sanctions to its regulations.
That within the prescribed penalties, the fine was established, which is taxed in Economic Sanctions Units, each of which is equivalent to the price of CIEN (100) litres of diesel, converted to its equivalent in legal currency at the time of payment.
That, in this way, a unit of measure was adopted which relates to the transport activity by motor of loads, abandoning the determination of the fine penalty for the value of the minimum ticket, criterion other than the aforementioned activity.
That the NATIONAL EXECUTIVE PODER regulated Act No. 24,653 by Decree No. 105 of 26 January 1998.
That Chapter III of the above-mentioned decree approved the sanctioning regime applicable to persons carrying out cargo transport services, under the conditions described there, derogating by Article 28 Title II of Section II of Decree No. 253/95, and declaring inapplicable to the transport of road cargo the Title III of Section II of the same decree.
That, therefore, from the date of entry into force of Decree No. 105/98, the automotive activity of cargoes of national jurisdiction has a specific penalty regime, adapted to the guiding principles set out in Act No. 24.653, and whose sanctions refer to a criterion that is directly related to the costs of the exploitation of the activity concerned.
Based on the new regulatory framework applicable to the carriage by automotive of cargoes of national jurisdiction, the activity is excluded from the public service regime, and characterized by the free entry to the activity and freedom of recruitment between the giver and the charger, restricting the intervention of the implementing authority to the necessary to ensure efficient, safe and economical service.
That, at present, any person may transport by automotive cargo of national jurisdiction, with only registration in the Unique Register of Automotive Transport (compliant with the requirements set out in Article 7 of Law No. 24.653), observe the regulations of transit and road safety, technically enabling vehicles, respecting the antiquities provided for in Law No. 24.449 and its regulatory decrees, and contract the required conditions of civil liability.
That, for the above, the activity faces new standards, which determine the freedom of entry and recruitment of services, as well as a new regime of penalties, characterized by the criminalization of a minimum number of offences necessary to ensure security in transit and the provision of services.
On the other hand, by Decree No. 105/98, it was established that the Unique Registry of Automotive Transport will begin to receive registrations from the VEINTE SCIENT (120) days of the date of its publication in the Official Gazette of the ARGENTINA REPUBLIC, and that they will have to be carried out within the time limit of TRESCIENTOS SESENTA (360) days from the time of registration.
That, since Article 13 of Law No. 24,653 repealed Decrees No. 1494/92 and No. 1495/94, by which the former National Register of Cargo Transport was established by Automotive, and that the Unique Registry of Automotive Transport is in the process of constitution and organization, the NATIONAL COMMISSION ON THE REGULATION OF THE TRANSPORTE OF THE SEPORTE PUBLICOS ordered, by Resolution No. 751 of 2 July 1998, to suspend the receipt of applications for registration and the renewal of registration in the registry established by Decree No. 1494/92, providing for the automatic extension of the inscriptions in force or in the process of renewal, until the date of receipt of applications for registration or re-registration in the Unique Registry of the Automotive Transport or which it would be established in the future.
That the situation described makes it difficult to substantiate the summary proceedings arising from the finding of alleged breaches of the regulations governing the transport by automotive of charges of national jurisdiction, while the disappearance of the registration created by Decree No. 1494/92 and the still unfinished implementation of the registration created by Law No. 24,653 does not allow for certain the working data in the ex-Registro Nacional de Transporte de Cargas by Automotive.
That both Act No. 21.844 and Act No. 24.653 constitute what the legal doctrine has referred to as blank criminal laws, while enabling the Administration to apply the penalties they define, but leave the definition of each of the offences at its discretion.
That, as the PROCURATION OF THE NATIONAL THIRD has maintained, the system of blank criminal laws aims primarily to achieve the effective and timely repression of certain facts which, such as violations of the regulatory laws of the economic and health police, refer to fluctuating social situations that require legislation of opportunity (Decrees: 207:534).
That when there is a change in the regulation of a certain economic activity, as a result of a decision of opportunity exercised by the competent authority, which is reflected in the adoption of a new sanctioning regime, composed of partial breaches other than those existing at the time of the commission of the offences, and sanctioned according to a new parameter, constitutes a provision of administrative activity to persist in the processing of the summary proceedings arising from the fact that they have lost the conditions
That the application of administrative sanctions by the Administration does not pursue a collective purpose of what in the case of fines enters the National Treasury, but rather, in exercise of its sanctioning power, aims to achieve compliance with the regulatory norms of the activity in question.
That, therefore, in view of the existence of a new legal regime, established by Law No. 24,653 and its Rule Decree No. 105/98, it is appropriate to concentrate efforts on the persecution of detaches to the new existing rules, and not to compromise the control of their compliance with the processing of summary proceedings prior to the new legal regime applicable to the carriage of cargo from national jurisdiction.
That in order to ensure such efficiency, priority should be given to the sanctioning activity derived from the control activity carried out by the NATIONAL COMMISSION ON TRANSPORT REGULATION, under the SUBSECRETARIA DE TRANSPORTE TERRESTRE of the SECRETARIAN TRANSPORTE of the MINISTERIO DE ECONOMIA and ARTWS and PUBLIC SERVICES, in the subject matter of the approved transport
That, for all the above, it is appropriate to authorize the NATIONAL COMMISSION ON TRANSPORT REGULATION, under the SUBSECRETARIA DE TRANSPORTE TERRESTRE of the SECRETARIAT FOR TRANSPORT OF THE MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICOS, to have the file of the summary proceedings initiated by events that occurred prior to the entry into force of Decree No. 105/98, allegedly violating the regulations governing the carriage by motor of cargo of national jurisdiction.
That the NATIONAL COMMISSION ON TRANSPORT REGULATION, under the SUBSECRETARIA DE TRANSPORTE TERRESTRE of the SECRETARIAT OF TRANSPORTE OF THE MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICOS, has assigned, among other competences, the control of the activity of the passenger and cargo automotive transport companies.
That in view of the development of the activity of the automotive transport of national jurisdiction throughout the national territory, and that the NATIONAL COMMISSION ON TRANSPORT REGULATION, under the SUBSECRETARIA DE TRANSPORTE TERRESTRE of the SECRETARIAT OF TRANSPORTE of the MINISTERY OF ECONOMY AND OURS AND SERVICES PUBLICOS does not have, so far, with delegations within the country, it is incumbent on the FEDERAL POLICY ARGENTINA, NATIONAL GENDARMERIA and NAVAL ARGENTINA PREFECTURA, all of which are dependent on the MINISTERIO DEL INTERIOR, so that, in the area of jurisdiction and its respective competences, they provide collaboration with the aforementioned Commission in the tasks of self-control.
That the General Directorate of Humanitarian Affairs of the MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICOS has taken the intervention that belongs to him.
That this measure is in exercise of the powers conferred by Article 99, paragraphs 1 and 2, of the NATIONAL CONSTITUTION.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
Article 1.- Instruct the SECRETARIAT OF TRANSPORTE, under the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES, to adopt or propitiate, as appropriate, the measures leading to simplify the system of passenger self-transport services of national jurisdiction, in order to consolidate the deregulation and competence existing today in the system. It should also proceed to take the necessary measures to comply with those established by Article 20 of Decree No. 656 of 29 April 1994. Art. 2°- Through the MINISTERY of INTERIOR, the ARGENTINA FEDERAL POLICY, the NATIONAL GENDARMERIA and the NAVAL ARGENTINA PREFECTATION will be instructed to provide the collaboration required by the NATIONAL COMMISSION ON TRANSPORT REGULATION, under the SUBSECRETARIA DE TRANSPORTS OF SECRETARIA DE TRANSPORT Art. 3. Replace Article 4 of the Regime of Penalties for Offences to Legal and Regulatory Provisions on Transport by Automotive of National Jurisdiction, approved by Decree No. 253, dated 3 August 1995, which shall be drafted as follows:ARTICLE 4°. The expiration of the permit, authorization, authorization or registration in the respective registry shall result in the extinction of the legal relationship that links the carrier with the Authority of Application in relation to all the services of the national passenger carriage, regardless of its modality, to which the carrier has accessed, and shall prevent it from continuing with the provision of the services it was authorized to perform.
Without prejudice to this, the expiry of the full range of free, free or executive supply services enjoyed by a public service operator for the transport of passengers of national jurisdiction may be made available, rehabilitating it to request new services such as those described by the term of DOS (2) years, without following the expiration of the public service permit to which it was holder.
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.
Art. 4°- Replace Article 7 of the Regime of Penalties for Offences to Legal and Regulatory Provisions on Transport by Automotive of National Jurisdiction, approved by Decree No. 253, dated 3 August 1995, which shall be drafted as follows:ARTICLE 7°.- 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 fines, may opt for the voluntary payment of the SESENTA BY CIENTO (60 %) of the minimum amount of the penalties that in each case correspond, which may never be less than DOSCIENTA (250) Such payment may be made personally or by third parties in the authorized locations and by authorized means, and must be made within the time limit of CINCO (5) working days from the date of the first notification. Once the time limit has expired or when the applicable penalty is accessory to those of suspension or expiration of the permits, authorizations, habilitation or registration as appropriate, or the person configures recidivism, the defendant's right to this benefit will be denied. This right shall also be devoid of the accused whose conduct is prima facie in the case provided for in Article 12 of these Regulations.
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 the preceding paragraph.
Art. 5°- Replace Article 74 of the Regime of Penalties for Offences to Legal and Regulatory Provisions on Transport by Automotive of National Jurisdiction, approved by Decree No. 253, dated 3 August 1995, which shall be drafted as follows: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.
Art. 6°- Replace Section II - Special Party - of the Penalties Regime for Offences to Legal and Regulatory Provisions on Transport by Automotive of National Jurisdiction, approved by Decree No. 253, dated 3 August 1995, which acts in Annex I, which is an integral part of this decree. Art. 7°- On the occasion of obtaining or renewing the respective permission, authorization, authorization or registration, the operators of the automotive transport of national jurisdiction shall constitute a domicile within the scope of the City of Buenos Aires, or in the jurisdictions where the NATIONAL COMMISSION ON TRANSPORT REGULATION, under the SUBSECRETARIA DE TRANSPORTE TERRESTRE of the SECRETARIAT OF TRANSPORTE OF ECONOMY MINISTERY PUBLICOS, establish delegations, where all the notifications issued will be valid, especially those ordered in the sums instructed on the basis of the finding of breaches of the regulations governing the carriage of motors of national jurisdiction.Failure to comply with the provisions of the preceding paragraph shall enable it to proceed in accordance with Article 42 of the Regulations of Administrative Procedures, Decree 1759/72 t.o. 1991.
Art. 8°- In order to carry out any proceedings before the NATIONAL TRANSPORT REGULATION COMMITTEE, under the SUBSECRETARIA DE TRANSPORTE TERRESTRE of the SECRETARIAT OF TRANSPORTE of the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICOS, the operators must certify that they do not register debts required for fines arising from the commission of domestic regulations. Art. 9°- Authorize the SECRETARIAT for transport of the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS to adopt a voluntary filing regime for the operators of the national self-money transport services in respect of the fines applied unpaid and the alleged violations reported prior to 30 June 1998. The Secretariat shall establish the conditions for voluntary submission, as well as the modes and payment periods. The voluntary presentation will require recognition of the offence in question, and will result in a removal of up to SETENTA BY SCIENT (70 %) of the amount of the corresponding fine, according to what is established in the regulation.For the purpose of adhering to the voluntary presentation established by the SECRETARIAT for the transfer of the MINISTERIO DE ECONOMIA AND ARTWS AND PUBLIC SERVICES, the provisions of Article 8 of this Decree shall not apply.
Exclude from the voluntary submission mentioned in the preceding paragraph to those summary proceedings in which violations have been found regarding which the existing penal regime provides for the expiry of the permit or authorization in question as an accessory sanction and, in the established opinion of the NATIONAL COMMISSION ON TRANSPORT REGULATION, under the SEPORTE TERRITORY SUBSSERVICE PUBLICOS, with respect to the evidence in the summary proceedings, as well as the reiteration of reported violations, the natural or legal persons are prima facie deserving of the expiry penalty.
Art. 10.- Authorize the NATIONAL COMMISSION ON TRANSPORT REGULATION, under the SUBSECRETARIA DE TRANSPORTE TERRESTRE of the SECRETARIAT FOR TRANSPORT OF THE MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICOS, to arrange for the archive of the summary proceedings instructed against transport operators by motor of cargo of national jurisdiction on the occasion of events that occurred prior to the validity of Decree No. 105, dated 26 January 1998. Art. 11.- Instruct the SECRETARIAT OF TRANSPORT OF THE MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICOS, to implement jointly with the business sectors of the passenger and cargo transport a program of renovation of the mobile park affected to the delivery of transport services and the consequent dismantling of the given units of the respective records.For this purpose, the SECRETARIAT OF TRANSPORT OF THE MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICOS will be empowered to arrange for the implementation of a credit allocation regime for the cancellation of obligations to the NATIONAL TRANSPORT REGULATION COMMITTEE, for those companies that adhere to this renewal programme.
Art. 12.- Include to the SECRETARY for the transfer of the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS to adopt the ordained text of the provisions of this decree with those of its similar No. 253/95. Art. 13.- Contact, post, give to the National Directorate of the Official Register and archvese.- MENEM.- Jorge A. Rodríguez.- Roque B. Fernández.- Carlos V. Corach.SECTION II
SPECIAL PART
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.
ARTICLE 81. The 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 entails 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. The 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, 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. 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 daily day and night frequencies in public passenger transport services shall 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. Failure to comply with the minimum net assets, as well as the non-maintenance of the guarantee required during the validity of the permit, authorization, authorization 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 regulated within the time limit specified by the Implementation 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.
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.
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) will be imposed on CINCO MIL (5,000) minimum tickets to the carrier whose personnel allow the transport of animals on board the vehicles, except for the provisions for lazarillo dogs of non-videntes.
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 fined from 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.
ARTICLE 104. The modifications that without prior authorization from the Implementation Authority were introduced into the vehicles, altering the original features of habilitation, shall be fined from TRES 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 emission limits 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 within vehicles shall be fined from QUINIENTOS (500) to DOS MIL (2,000) minimum tickets.
ARTICLE 108. The non-observance of the 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 the required for the normal provision of public services of intercity transport, free or executive traffic, shall 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 do 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 poor exposure or preservation of the patent plate, the identification of the compliance of the technical inspection or the certificate of periodic technical inspection, of the National Enabling License or of the entire document or information whose internal or external display in the vehicles is expressly provided by the Implementing Authority, will make the carrier liable in each case, from a fine of QUINIENTOS (500) to EZ MIL (10.000)
ARTICLE 112. The non-port by the driving staff of the Workbook or the Time Control Book, or its issuance without conforming to the requirements established by the current regulations, or when false, inaccurate or misleading data have been recorded in them, will make the transporter of UNA (1) fine of CINCO MIL (5,000) to DIEZ MIL (10.000) minimum tickets, in each case, without prejudice.
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 relations 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 a deconsideration or in fact adds to users or third parties shall be fined from UN MIL (1,000) to QUINCE MIL (15,000) minimum tickets.
ARTICLE 116. QUINIENTS (500) will be fined at QUINCE MIL (15,000) minimum tickets, the unjust cause for drivers to do their driving position, during the service delivery, or the lack of collaboration to overcome any circumstances that endanger the safety of passengers transported or transient.
ARTICLE 117. A fine of QUINIENTS (500) shall be imposed on 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 who 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 fined from QUINIENTS (500) to CINCO MIL (5,000) minimum tickets.
ARTICLE 119. Violation of the regime of nightlife and rainy days will be fined from UN MIL (1,000) to DIEZ MIL (100,000) 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 front-left door or use the platform of the front door to transport objects or persons, shall be fined from UN MIL (1,000) to MIL (10.000)
ARTICLE 122. A fine of QUINIENTS (500) shall be imposed on DOS MIL (2,000) minimum tickets to the carrier whose driving staff did not 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 QUINIENTOS (500) shall be imposed on DOS MIL (2,000) minimum tickets to the carrier whose driving staff did 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 QUINIENTOS (500) shall be applied to CINCO MIL (5,000) minimum tickets, to the carrier who does not proceed to the total or partial refund, as appropriate, of the amounts paid by tickets for services that were suspended prior to the initiation or interrupted during the delivery 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, shall 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, shall be fined from QUINIENTOS (500) to TRES MIL (3,000) minimum tickets.
ARTICLE 127. Failure to comply with the regulations imposed on the compensation for any deterioration or partial loss of the baggage, lumps or orders entrusted to the carrier by passengers or third parties, shall be punished by 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 fined from 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 shall 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. A fine of QUINIENTS (500) shall be imposed on CINCO MIL (5,000) minimum tickets to the carrier that does not disclose the Authority of Application, within the CUARENTA and OCHO (48) hours of production, any act other than its will that causes the alteration or suppression of any of the modalities of the service it provides.
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. 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 the events, 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 required tax debts, shall be punished with the expiration for the exploitation of transport services by passenger motor, not to regularize the situation within the time period established by the Authority of Application.
ARTICLE 134. The lack of payment of the National Transport Control Rate will result in the effects provided for in Act No. 17.233 and its amendments, without prejudice to the termination of the permit, authorization, qualification 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 Implementation Authority 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, if any, 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 Implementing Authority or does so beyond the specified time limits, or does not make available to the Implementation Authority, at the headquarters of the Application Authority or at the operator's home, the required documentation, information or records, shall 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 which, in the light 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 operations and supporting documentation files of the transport activity carried out during the minimum periods stipulated by the regulations, shall be fined from 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 (100,000) minimum tickets.
ARTICLE 141. The non-observance of any other statute of limitations applicable in the matter, where the statute of limitations provides that its non-compliance 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 by DOSCIENTA (250) to DOS MIL (2,000) minimum tickets.
