Amends Supreme Decree No. 294, In 1984, Of The Ministry Of Works Public, That Fixed Text Revised, Coordinated And Systematized Law No. 15.840, Organic Of The Ministry Of Works Public, And With Force Of Law Decree N ° 206, 1960, Of The Same Min

Original Language Title: MODIFICA DECRETO SUPREMO N° 294, DE 1984, DEL MINISTERIO DE OBRAS PUBLICAS, QUE FIJO TEXTO REFUNDIDO, COORDINADO Y SISTEMATIZADO DE LA LEY N° 15.840, ORGANICA DEL MINISTERIO DE OBRAS PUBLICAS, Y DEL DECRETO CON FUERZA DE LEY N° 206, DE 1960, DEL MISMO MIN

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
"Article 1.-Introducense the following modifications to Supreme Decree No. 294, in 1984, of the Ministry of public works, which set the text revised, coordinated and systematized law No. 15.840, organic of the Ministry of public works, and the decree with force of law N ° 206 of 1960, in the same Ministry, which recast and standardized laws on construction and maintenance of roads" : 1.-Intercalanse in article 17, the following second and third subparagraphs, new, passing current second, third, fourth, fifth and sixth subparagraphs to be fourth, fifth, sixth, seventh and eighth, respectively: "to give effect to the actions referred to in the preceding subparagraph, the address may consider, in coordination with other entities concerned, plantation, afforestation and conservation of tree species preferably native, so that they do not impair and rather complement conservation, visibility and road safety.
Without prejudice to the powers of the address, this will be coordinated with the respective municipalities and the adjoining owners, for the care and maintenance of the Strip and its vegetation effects. "."
2 Add in subsection first article 37 °, then the word "rubbish", as follows: "in them and the side spaces up to twenty meters away".
3. replace article 41 °, by the following: "article 41.-the owners of the land adjacent to national roads can only open access roads to these with express permission of the Dirección de Vialidad. In addition, the Directorate may prohibit any access to those roads when they can cause hazard to the traffic safety or hinder freedom of movement for them. In the same circumstances, the direction may also order the closure of any access to a national road, proposing those concerned previews, a reasonable alternative technical solution.
Municipalities must apply for prior to authorizing industrial or residential areas, shopping malls and shows massive, new enclosures, a technical report to the Dirección de Vialidad about the complementary infrastructure necessary for their access to the roads referred to in the paragraph above and for the access and pedestrian crossing safely, organism that should evacuate the report within sixty days of the filing of the said application extendable once and for the same term when the address formulare les observation. The owners of these buildings or housing estates must finance the cost and run the concerned road works, which shall be subject to inspection and approval of the Dirección de Vialidad.
The Dirección de Vialidad may limit total or partially the access and movement of heavy transport on unpaved public roads, in winter season or high rainfall, in order to prevent their premature deterioration, hugging for these effects to the maximum weights of a general nature that are established by Supreme Decree of the Ministry of public works, signed also by the Minister of transport and telecommunications , for this kind of roads designated seasons. "."
4. replace article 42 °, by the following: 'article 42.-the belts of public roads are competence of the Dirección de Vialidad and are intended mainly for the use of the works of the respective road.
Without prejudice as provided in the foregoing paragraph, and on those roads that build the Ministry of public works, and are not subject to the system established in the decree with force of law N ° 164, 1991, in the same Ministry, this last will grant concessions to individuals by Supreme Decree, and according to the procedure stipulated in the aforementioned legal body. These concessions will be granted by tender, on grounds which may not exceed 5% of the total area of the Strip that is required for the construction of the road, adjacent to public roads, located outside the city a commune and expropriated limits for the exclusive purpose of installing them services for users of the road, such as hotels , service stations, restaurants, view hostels or similar. To such effects, the expropriated, or the adjoining owner, in your case, you will have priority in case of equality of conditions in the bidding process for the concession, which shall, in addition, realized in conformity with the respective basis and within a maximum period of three years.
Without prejudice to its powers, the Dirección de Vialidad may authorize, on such terms and conditions which it shall determine, charged to their respective owners, and upon payment of the corresponding rights, placement of mains drinking water and drain #e; sanitary works; irrigation canals; pipes or ducts for the conduction of liquids, gases, or cables; the posts wired telephone, telegraph or power or fiber optic transmission and, in general, any installation which occupy public roads and their respective bands in the public domain or other road works governed by this law.
Such authorisations shall be granted, unless they are opposed to the use of public roads, their adjacent bands, level crossings and works of art, or the use of tunnels or bridges; do not affect the stability of the works, the security of transit or the future development of the tract; do not obstruct or alter the passage of the waters; there no pollution or significant change, in terms of magnitude or duration, the scenic or tourist value of an area; and possible granting, taking into account the annexed facilities already authorised.
The Dirección de Vialidad will not have liability or any obligation for the maintenance and conservation of these facilities, being owners obligation to preserve them in good condition.
The Dirección de Vialidad, founded resolution, may order the removal of any facility that does not meet the requirements in this article, prior restitution of rights paid, in proportion to the time remaining to get the authorization referred to in the third subparagraph, to an end.
Where for any reason it is necessary to change the location of these facilities of the place in which they were authorized, this transfer will be made by exclusive account of the respective owner or in conditions that have been set to grant permission or respective concession contract. "."
5 insert in the sixth paragraph of article 68 °, then the comma (,) that follows the expression "a contract", the phrase "which shall include also the exercise of managerial functions entrusted to you", followed by a comma (,).
6 Add the following article 71 bis: "article 71 ° bis.-in the second paragraph of the final article of law No. 18.834, shall apply to current workers of the Ministry of public works and dependent services, governed by the labour code, which remain subject to the rules of the administrative statute by being named on the floor or hired assimilated to grade , without solution of continuity, in the same organ in which they operate. "."
7.-Insert, in article 74, the following point (d)), new, passing the current letters d), e) and f) to e), f) and g), respectively: "d) with revenues from the hiring of advertising or advertising from third parties, with the exception of alcoholic drinks and tobacco, printed tickets toll or weighing or any other receipt issued by the Directorate-General of public works or their dependent services related.".
8 added to article 87, the following paragraph: "also may be granted concessions for exploitation, including repair, expansion, conservation or maintenance, as appropriate, of existing works, or land or works covered in strips of public roads, with the purpose of obtaining funds for the construction of other new works that are agreed upon, subject of which there is no private interest to perform them in accordance with the rules governing the system of concessions regulated by decree with force of law No. 164 of 1991, the Ministry of public works. "."