Modifies Article 3° Of The Law N ° 18.696

Original Language Title: MODIFICA ARTICULO 3° DE LA LEY N° 18.696

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"Sole article.-replacing article 3 ° of the law N ° 18.696, by the following: 'article 3.-national transport of passengers paid, public or private, individual or collective, through the streets and roads, shall be carried out freely, subject to the Ministry of transport and telecommunications set conditions and dictate the rules within which will operate these services, in terms of mandatory technical standards and emission of pollutants of vehicles" as well as in regard to conditions of operation of transport services paid passengers and use of routes.
The Ministry of transport and telecommunications, without prejudice to the provisions of article 118 of the law N ° 18.290, may, in the case of congestion of the roads, deterioration of the environment and/or safety conditions of persons or vehicles product of the movement of the vehicle, having the use of waterways for certain types of vehicles or services , through procedures of public tender for the operation of the passenger transport market.
For the purposes of the provisions of the preceding paragraph, the Ministry of transport and telecommunications, before determining the cases of congestion of roads or deterioration of the environment and have, for certain types of vehicles or services the use of waterways, through public bidding, shall require prior report of the Department of the traffic of the affected communes and of the Ministerial Secretariat for transport corresponding. The respective report must be, drained by all the required, within the period of 15 calendar days, counted from the date of receipt of the respective trade.
The invitation to tender referred to in the second paragraph above shall notify in the Gazette and in at least two newspapers of the respective city 60 days in advance and carry on bases technically defined by the Ministry of transport and telecommunications. The respective granting that derive from a tender must be granted founded resolution and realized in a contract between the benefit passenger transport company and the Ministry of transport and telecommunications, in which both parties are obligated to the terms included in the bases of the invitation to tender and which lays down penalties for each party in the event of non-compliance.
The Ministry of transport and telecommunications may suspend existing transportation services in case of breach and cancel these in the event of serious or repeated infringement of regulations concerning technical standards and emission of pollutant gases, on conditions of operation of the services and standards of provision of pathways that are handed down under the cases raised in the second paragraph of this article.
In addition, the Ministry of transport and telecommunications shall be entitled to dictate technical standards relating to safety and pollution, allowing to enact the final technical obsolescence of vehicles intended for the carriage of passengers and his subsequent departure from this automotive Park.
The Ministry of transport and telecommunications will establish a national register of passenger transportation services as a global register of all modes of public transport services of passengers in which shall be entered all those records deemed relevant by the Ministry as to perform the audits and controls of transport services of passengers corresponding.
The Ministry of transport and telecommunications, use of the powers granted him paragraphs first and sixth and without prejudice to its full exercise, seek the participation of the various sectors involved in the activity of the public transport of passengers through instances of consultation for the enactment of the relevant regulations. The Ministry should urge especially by the participation of municipalities, governorships, and respective municipalities, to ensure the maximum adaptation of such rules to the realities of the corresponding jurisdiction.
In the event of a suspension or cancellation of a service, the affected may bring an action within a period of five working days from the date of notification of the measure by registered letter to the Court of letters corresponding to the domicile of the plaintiff. The filing of this appeal will not suspend implementation of the measure, effect to be produced only in the case of the Court's decision be favourable to the appellant. This will know of the resource without form of trial, listening to the Ministry, with a history that provided and who deems necessary to require and shall issue its decision within a maximum period of 30 days. The decision will be susceptible of appeal, devolutive effect only.
Carabineros de Chile and inspectors of the Ministry of transport and telecommunications and the municipalities shall ensure the compliance with regulations issued according to this law. "."
Having complied with provisions of the N ° 1 of the article 82 of the Constitution politics of the Republic, and by how much I had to approve it and punish it; therefore enacted as a law of the Republic.