Whereby Basic Provisions On Transport Are Issued, Powers And Resources Between The Nation And The Territorial Entities Are Redistributed, Planning Is Regulated In The Transport Sector And Other Provisions

Original Language Title: Por el cual se dictan disposiciones básicas sobre el transporte, se redistribuyen competencias y recursos entre la Nación y las Entidades Territoriales, se reglamenta la planeación en el sector transporte y se dictan otras disposiciones

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ACT

(December 30)

Official Journal No. 41.158 of 30 December 1993

" For which basic provisions on transportation are dictated, powers and resources are redistributed between the Nation and the Territorial Entities, planning is regulated in the transportation sector, and other provisions. '

THE CONGRESS OF COLOMBIA,

DECRETA:

TITLE I.

NATIONAL TRANSPORT SYSTEM AND SYSTEM

GENERAL PRINCIPLES AND PROVISIONS

CHAPTER I.

INTEGRATION OF THE SECTOR AND THE NATIONAL TRANSPORT SYSTEM

ARTICLE 1o. SECTOR AND NATIONAL TRANSPORT SYSTEM. Integrates the transport sector, the Ministry of Transport, its assigned or linked bodies and the Maritime Directorate General of the Ministry of National Defence, as soon as it is subject to a coordination with the Ministry of Transport.

Make up the National Transportation System, for the development of transport policies, in addition to the agencies indicated in the previous paragraph, the transit and transport agencies, both land, air and maritime and infrastructure the transport of territorial entities and other dependencies of the central or decentralised sectors of any order which have functions related to this activity.

CHAPTER II.

TRANSPORT GUIDING PRINCIPLES

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ARTICLE 2o. FUNDAMENTAL PRINCIPLES.

a. OF THE SOVEREIGNTY OF THE PEOPLE: The sovereignty resides exclusively in the people, from which the public power emanates. The people exercise it directly through their representatives, in the terms that the Constitution establishes. It is up to the State to guarantee complete and exclusive sovereignty over the territory, the airspace and the territorial sea.

b. THE STATE ' S INTERVENTION: THE STATE IS RESPONSIBLE FOR THE PLANNING, CONTROL, REGULATION, AND SURVEILLANCE OF TRANSPORTATION AND RELATED ACTIVITIES.

c. OF FREE MOVEMENT: In accordance with Articles 24 and 100 of the Political Constitution, everyone can move freely through the territory national, air space and territorial sea, with the limitations imposed by the law.

For reasons of public interest, the National Government may prohibit, condition or restrict the use of airspace, the infrastructure of land transport, rivers and the territorial sea and air navigation over certain regions and the transport of certain things.

In case of conflict or insufficiency of the transport infrastructure the State will prefer the collective public service of the particular service.

d. NATIONAL AND INTERNATIONAL INTEGRATION: Transport is a basic element for national unity and the development of all Colombian territory and for the expansion of the country's international exchanges.

e. SECURITY: People's security is a priority of the System and Transport Sector.

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ARTICLE 3o. PRINCIPLES OF PUBLIC TRANSPORT. Public transport is an industry aimed at ensuring the mobilisation of persons or things by means of vehicles appropriate to each of the infrastructure of the sector, under conditions of freedom of access, quality and safety of users subject to economic consideration and shall be governed by the following principles:

1. FROM ACCESS TO TRANSPORT:

Which implies:

a. That the user can be transported through the medium and that he chooses in good conditions of access, comfort, quality and safety.

b. Users should be informed about the means and modes of transport offered to them and the ways in which they are used.

c. That the competent authorities design and implement policies aimed at encouraging the use of means of transport, rationalizing the appropriate equipment according to the demand and providing for the use of mass transit means.

d. That the design of the transport infrastructure, as well as the provision of public passenger transport services, the competent authorities shall promote the establishment of the conditions for their use by the physically disabled, Sensory and psychic.

2. THE PUBLIC SERVICE OF TRANSPORT:

The operation of public transport in Colombia is a public service under the regulation of the State, who will exercise the necessary control and surveillance for its proper delivery in conditions of quality, opportunity and security.

Exceptionally the Nation, the territorial entities, the public establishments and the industrial and commercial enterprises of the State of any order, will be able to provide the public service of transport, when this is not provided by the (a) private persons, or any monopolistic or oligopolistic practices which affect the interests of users. In any case, the service provided by the public entities will be subject to the same conditions and regulations of the individuals.

There will be a basic transport service accessible to all users. The transport of luxury, tourist and special, which do not compete with the basic system, will be permitted according to the regulation or regulations.

3. FROM THE COLLABORATION BETWEEN ENTITFS:

The different agencies of the National Transportation System will ensure that their operation is based on criteria for coordination, planning, decentralization, and participation.

4. FROM CITIZEN PARTICIPATION:

All people directly, or through social organizations, will be able to collaborate with the authorities in the control and surveillance of the transportation services. The authorities will pay particular attention to the complaints and suggestions that will be made and should be dealt with.

5. OF THE ROUTES FOR THE PUBLIC PASSENGER TRANSPORT SERVICE:

It is a route for the public transport service to travel between a source and a destination, with a specific route and characteristics in terms of schedules, frequencies and other operational aspects.

The granting of permits or concession contracts to public transport operators does not generate special rights, different from those stipulated in such contracts or permits.

The National Government through the Ministry of Transport or its assigned bodieswill establish the conditions for the granting of routes for each mode of transport. transport, taking into account technical studies which are drawn up with an emphasis on the characteristics of demand and supply.

6. FROM FREEDOM OF ENTERPRISE:

For the incorporation of companies or associative forms of transport, other requirements than those laid down in the respective laws and regulations may not be required.

Without prejudice to the provisions of the foregoing paragraph, in order to access the provision of the public service, the companies, associative forms of transport and solidarity economy must be authorized by the State. In order to assume this responsibility, they shall establish conditions that demonstrate the technical, operational, financial, security and origin of the contributed capital.

The authorities will only be able to apply the restrictions on private initiative set out in the law, which tend to prevent unfair competition, the abuse that individuals or companies make of their dominant market position, to ensure the efficiency of the system and the safety principle.

The National Government through the Ministry of Transport or its assigned bodies will regulate the technical or operational conditions for the provision of the service, based on studies of potential demand and transport capacity.

Cargo transport will be provided by natural or legal persons duly authorized by the authorities and the National Government will regulate its operation. The government will establish the guidelines for carrying cargo to be carried out under conditions of safety and efficiency. There will also be no restrictions for routes and frequencies, these will be determined by the market. The National Government may establish technical and security conditions for the provision of the service and its control shall be the responsibility of the transit authorities.

7. OF THE GRANT PERMISSIONS OR CONTRACTS:

Without prejudice to international agreements, agreements or conventions, the provision of the public transport service shall be subject to the issue of a permit or contract of concession or operation by the authority. competent.

Who complies with the requirements set out above, you will be entitled to such a permit or contract of concession or operation. Special transport services are included within this literal.

8. FROM INTERMODAL TRANSPORT:

The competent authorities will promote the best intermodal behavior, favoring healthy competition between modes of transport, as well as their proper complementation.

9. OF THE SUBSIDIES TO CERTAIN USERS:

The National Government, departmental assemblies, and district and municipal councils will be able to provide subsidies for students, physically disabled, elderly people, and services for transportation services. essential, with tariffs outside their economic scope. In such cases, the payment of such subsidies shall be assumed by the entity that establishes it, which must stipulate in the corresponding act the budgetary source that finances it and a form of operation that guarantees its effectiveness. The Nation's subsidies can only be channelled through budget transfers.

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ARTICLE 4. PROTECTION OF THE ENVIRONMENT. For the construction of public works that have an effect on the environment, the public-promoter or construction entity of the work, will prepare an environmental impact study, which will be submitted to the Environment Corporation that has jurisdiction in the area where it is planned to build. The environmental entity will have sixty (60) calendar days to consider the program. Expired this term will apply positive administrative silence.

Once the environmental license authorizations for the projects are issued, the respective municipality will be asked for the corresponding authorization based on this, for which the municipality will have a term of thirty (30) days, or otherwise the positive administrative silence shall apply. Against the actions proposed by the municipal mayors, the resources are obtained through the government of Title II, Chapter I, Articles 49 and following of the Administrative Code.

The authority of the competent transport sector, in agreement with the environmental authority, shall establish the maximum emission levels for substances, noise and gaseous pollutants from the engines of the different types of ships and vehicles. Control over compliance with these provisions shall be exercised by the competent authorities.

CHAPTER III.

REGULATING TRANSPORT AND TRANSIT

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ARTICLE 5o. DEFINITION OF COMPETENCES. POLICY DEVELOPMENT. REGULATIONS ON TRANSPORTATION AND TRANSIT. It is the assignment of the Ministry of Transportation in coordination with the different sector entities, the definition of general policies on transportation and transit.

1o. of Law 276 of 1996, in the sense of including a representative of the Transport Sector, collective public service of passengers and/or mixed of the rural sector by road. The original text of the Subsection is as follows: > Create the Transport Advisory Council, which will be regulated by the National Government, will be integrated by the Minister of Transport, two (2) delegates of the President of the Republic, five (5) delegates nominated by the transport associations formed in the country, as well: one (1) for the carriage of freight, one (1) for the road passenger transport sector, one (1) for the urban passenger transport sector, one (1) for the iron sector and one (1) for the river sector, the designation of which will be carried out by the Ministry of Transportation, one (1) representative of the Colombian Society of Engineers and one (1) representative of the Colombian Association of Transport Engineers-ACIT.

This Council will meet at least once a semester and will be convened by the Minister of Transport.

The responsibilities enshrined in Article 13, Decree 2327 of 1991, correspond specifically to the Maritime Directorate-General.

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ARTICLE 6o. REPLACEMENT OF THE PASSENGER AND/OR MIXED SERVICE FLEET. 2o. of Law 276 of 1996. The added text is as follows: > Replenishment of the Automotive Park of the Public Service of Passengers and/or Mixed.  The maximum useful life of public passenger and/or mixed public service land vehicles shall be 20 (20) years. The public service fleet of public passenger and/or mixed public service (cams) of public passenger and/or mixed public service in the rural sector is excluded from this replacement, provided that they meet the technical safety requirements. required by the rules and with the certification established by them.

The maximum lifetime of the public passenger and/or mixed public service land vehicles shall be twenty (20) years. The Ministry of Transport will require the replacement of the fleet, ensuring that vehicles that have fulfilled their useful life cycle are replaced by new vehicles.

The competent authorities of the metropolitan, district and municipal order may encourage the replacement of vehicles, by establishing different levels of service to the current, which will be provided with vehicles from the replenishment. They will also be able to temporarily suspend the entry of new vehicles to the public passenger transport service, according to the needs of their locality, making the entrance of a new vehicle to the withdrawal of the public service of one which must be transformed or has fulfilled the maximum of its useful life. For the fixing of tariffs, the costs of metropolitan and/or urban transport will be calculated, including the "capital recovery", according to the parameters established by the Ministry of Transport.

PARAGRAFO 1. The following deadlines are set, so that non-transformed vehicles, intended for public passenger and/or mixed service, with metropolitan and/or urban radio, are removed from the service:

-June 30, 1,995, models 1,968 and earlier.

-December 31, 1995, models 1970 and earlier.

-December 31, 1,996, models 1,974 and earlier.

-June 30, 1,999, models 1,978 and earlier.

-December 31, 2,001, 20-year-old vehicles.

-From year 2.002, they must leave each year of the service, the vehicles that reach the twenty (20) years of life.

PARAGRAFO 2. The Ministry of Transport will define, regulate and determine the requirements for the transformation of the land vehicles that are operating in the public passenger and/or mixed service, in such a way that It extends its useful life for up to ten (10) years and for once, from the date on which they perform the transformation.

PARAGRAFO 3. The Ministry of Transport will set the deadlines and conditions for replenishing public passenger and/or mixed public service vehicles with different urban and urban action radio. the competent authorities of each sector shall indicate the operating conditions of the air, iron and sea transport equipment.

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ARTICLE 7o. AUTOMOTIVE PARK REPLACEMENT PROGRAM. The companies of collective passenger and/or mixed character, and the cooperative and solidarity organizations of the transport industry. They are obliged to offer vehicle owners, periodic replacement programs and to establish and regulate funds that guarantee the gradual replacement of the fleet, established in the previous article.

PARAGRAFO 1. The Ministry of Transport in association with the competent territorial authorities will monitor the replacement programs.

PARAGRAFO 2. The use of the replenishment resources for non-pEvistos purposes in this Law, will be a crime of breach of trust and of which the administrator of the resources will be responsible.

PARAGRAFO 3. Likewise, the reorder process may be developed by fiduciary order constituted by the transporters or by public entities individually or jointly.

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ARTICLE 8o. TRAFFIC CONTROL. It is up to the Transit Police to ensure compliance with the rules of transit and transportation, for the safety of people and things on public roads.

the functions of the Transit Police will be of a preventive nature, of technical and human assistance to the users of the roads and of a sanctioning nature for those who violate the rules.

The functions of the Transit Police will be exercised by specialized traffic bodies. The departments and municipalities, of more than fifty thousand inhabitants, with urban population with more than 80%, according to the approved census, will be able to organize their traffic police, whenever they require, for the normal transit of their vehicles. The issuing of this Law shall be maintained and shall continue to perform its functions, the bodies of existing baccalaureate guards.

a period of one (1) year and in coordination with specialized transit bodies, the National Police will also serve as a transit police force throughout the country, prior to training in this field.

The National Government, in a term of no more than one hundred and eighty (180) calendar days counted from the time of this Law, will regulate the creation of schools for the formation of traffic police, which will have as its objective the training and training of applicants, in specific areas of Transportation Engineering, medical first aid, automotive mechanics, human relations and judicial police. It shall determine the requirements of knowledge, experience and seniority necessary to obtain the title of traffic police.

CHAPTER IV.

SANTIONS

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ARTICLE 9o. SUBJECT TO THE SANCTIONS. The authorities determining the legal provisions shall impose penalties for violation of the rules of transport, in accordance with the special provisions governing each mode of transport.

They may be subject to penalty:

1. The operators of the public transport service and those of the special services.

2. People driving vehicles.

3. People using the transport infrastructure.

4. People who violate or facilitate the violation of the rules.

5. Persons who own vehicles or transport equipment.

6. The public service companies.

The sanctions referred to in this Article shall consist of:

1. Admonition.

2. Fines.

3. Suspension of license plates, licenses, registrations or operating permits.

4. Cancellation of license plates, licenses, registrations or operating permits.

5. Suspension or cancellation of the operating licence of the carrier.

6. Immobilization or retention of vehicles.

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ARTICLE 10. subhead] The National Government will present to the Congress of the Republic during the first legislature of 1994, the projects on the National Transportation Statute and the National Transit Code, which will unify the criteria that govern the different modes of transport with the principles set out in this Law.

CHAPTER V.

TRANSPORTATION AND TRANSIT PERIMETERS ON THE

COLOMBIAN TERRITORY

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ARTICLE 11. ROAD TRANSPORT PERIMETERS. Constitute perimeters for national, departmental and municipal transport, the following:

a. The perimeter of the national transport comprises the territory of the Nation. The national service consists of all the routes whose origin and destination are located in different departments within the national perimeter.

The departmental, municipal, associative or metropolitan routes are not part of the national service.

b. The perimeter of the departmental transport comprises the territory of the department. The departmental service is consequently constituted by the set of routes whose origin and destination are contained within the departmental perimeter.

The departmental, associative or metropolitan routes are not part of the departmental service.

c. The perimeter of county and municipal transportation includes urban, suburban and rural areas and the indigenous territorial districts of the respective jurisdiction.

The transportation of passengers between the Capital District and the contiguous municipalities will be organized by the transit authorities of the two municipalities. They will jointly agree to the routes and their frequency.

The buses that from the contiguous municipalities will enter the city center, will use the trunk roads built especially for mass transit through buses. To this end, they will have to adapt to the conditions required for this type of transport on these routes.

TITLE II.

TRANSPORT INFRASTRUCTURE

CHAPTER I.

DEFINITION OF TRANSPORT INFRASTRUCTURE

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ARTICLE 12. DEFINITION OF THE INTEGRATION OF THE TRANSPORT INFRASTRUCTURE IN CHARGE OF THE NATION. It is understood by the infrastructure of the transportation in charge of the Nation, that of its property that meets the basic function of integration of the main zones of production and consumption of the country, and of this one with the other countries. This framework consists of:

1. The national road network, with its zones, facilities, and its signalling, which is defined according to the following criteria:

a. Roads whose transit volumes are higher than those that serve up to 80% of the total road network.

b. Roads with a predominant south-north direction, known as trunk roads, which begin their journey at international borders and end up in the Atlantic ports or international borders.

c. The roads linking the previous trunk lines, known as transversal, whose transit volume is justified, according to the content of the literal a, that they communicate with the bordering countries or with the ports of international trade.

d. The roads linking department capitals with the network formed with the above criteria, according to their technical and economic feasibility, this connection can be of an intermodal nature.

e. The roads for which the National Government has committed itself to foreign governments through international conventions or pacts.

With the purpose of promoting the transfer of the routes that the Nation is currently in charge of the departments, the Ministry of Transport will adopt the necessary mechanisms for the administration, conservation and rehabilitation of These routes can be brought forward by contract.

National highways will be able to become departmental at the request of the respective department, if this demonstrates the capacity for its rehabilitation and conservation.

2. Rivers, inland waterways, their signposting and those inland waterways of national interest.

3. The maritime public ports owned by the Nation and its access channels.

4. The nation's property lines that include its zone, signage and infrastructure for traffic control.

5. The network of aid, communications and meteorology of air transport, basic to provide the airworthiness services and the airport infrastructure.

6. Headlamps, buoys and other signalling elements for maritime transport.

7. Bridges built on road accesses in border areas.

8. Viaducts, tunnels, bridges, and general access to the capital of departments, districts, and municipalities.

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ARTICLE 13. SPECIFICATIONS OF THE NATIONAL ROAD NETWORK. The national road network to be built from the time of this Law shall have at least the following design specifications:

a.-Lane width: 3.65 meters.

b.-Berma width: 1.80 meters.

c.-Maximum percentage of restricted zones to advance: 40 percent.

D-Maximum Pavement Roughness 2.5 IRI (International Roughness Index)

The Nation will not be able to invest in the rehabilitation and construction of national highways, with average specifications lower than those described, except that for technical and cost reasons it is not possible to achieve these specifications.

PARAGRAFO 1. The Ministry of Transport will build parking bays over the surrounding areas on the national roads, which will be where possible, with the basic public services according to the technical designs.

On the new roads that they make and in close proximity to urban centers, it will reserve swathes of land that will be used for the recreation and sports practices of its inhabitants.

PARAGRAFO 2. It will be the responsibility of the departmental and/or municipal civil authorities, the protection and conservation of the public property corresponding to the area of land adjacent to the national highways, acquired as a reserve for the maintenance and widening of the road network.

PARAGRAFO 3. The Ministry of Transport will regulate and update with the periodicity that it deems appropriate the rules on road and bridge designs.

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ARTICLE 14. OF THE NATIONAL FUND OF NEIGHBOURHOOD ROADS. The National Fund of Road Roads, created by decree 1650 of 1960 and restructured by the decrees 1300 of 1988 and 1474 of 1989, will continue to exercise the functions outlined in these Decrees and others rules in force as a public establishment of a national order, attached to the Ministry of Transport. The National Fund for Road Roads may reduce the exercise of its functions. The Ministry of Transport, according to the departments, will establish the timetable and technical and budgetary conditions for the delivery of the roads that are within the road inventory of the National Highway Fund. Neighbourhood and for the liquidation of regional offices to complete their functions, in accordance with Article 124 of Decree 2171 of 1992.

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ARTICLE 15. PLANS FOR EXPANSION OF THE TRANSPORTATION NETWORK IN CHARGE OF THE NATION. The Ministry of Transport will present to the National Council for Economic and Social Policy CONPES for approval, every two years, the road expansion plans, which must contain as minimum the following:

a. The desirability of making investments in new national road infrastructure, in accordance with the priorities of the National Development Plan.

b. The public investments to be made in road infrastructure, and the private ones to be stimulated.

c. The methodologies to be applied in a general way when establishing contracts for concessions and national road infrastructure.

Road expansion plans may modify the national transport network, incorporating or excluding specific routes.

The public investments that will be made in the field of national road infrastructure will be based on the plans for road expansion and the National Development Plan.

Road expansion plans will be issued through the regulatory decrees of the National Development Plan and this Law.

The Ministry of Transport will present in a term no greater than two (2) months counted from the validity of this Law, for the consideration and approval of the National Council for Economic and Social Policy, CONPES, the integration project of the national transport network, in accordance with the criteria laid down in this Law.

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ARTICLE 16. INTEGRATION OF THE TRANSPORTATION INFRASTRUCTURE IN CHARGE OF THE DEPARTMENTS. They are part of the departmental transport infrastructure, the routes that are owned by the Departments today; those that are today the responsibility of the Nation-Fund National Road or National Highway Fund-and that the National Government in compliance with what is ordered in this Law, transfers them through agreement to the departments, as well as those that in the future are departmental, which between two municipal capitals, as well as the corresponding territorial portion of the interdepartmental routes which are not part of the national network; as well as inland ports and docks and airports, as far as they are owned or transferred to them. For the fulfillment of the program of transfer of the nation's routes to the departments, the Ministry of Transport will develop a gradual plan of transfer of routes, technology and economic resources, appropriate for the Co-financing of Vias created by this Law, in such a way as to enable them to effectively manage, conserve and rehabilitate the roads they receive.

The Nation will not be able to give up responsibilities without the definition, appropriation, or spin of the necessary resources. While the delivery is made, the responsibility of the maintenance will be the Nation. The departments and the districts may limit the amount in maintenance of these roads, to the resources that they receive from the aforementioned fund.

The departments on receiving the Nation's roads are also forced to receive contracts with workers ' associations that have cooperatives or precooperatives for road maintenance.

PARAGRAFO 1. They will partially part, partially, of the departmental transport infrastructure the seaports and the airports according to the participation that they have in the harbour or airport societies regional.

PARAGRAFO 2. In cases where the construction of a variant of a National Highway is undertaken, its alternate may move to the departmental infrastructure if it meets the characteristics of the latter, in the opinion of the Ministry of Transport.

PARAGRAFO 3. Departments and districts will be able to directly access the Vias Cofinancing Fund. The municipalities for the co-financing of the neighborhood roads will access through the corresponding department.

Municipalities and districts will be able to directly access the Urban Infrastructure Co-financing Fund.

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ARTICLE 17. INTEGRATION OF THE COUNTY AND MUNICIPAL TRANSPORT INFRASTRUCTURE. It is part of the municipal transport infrastructure, urban, suburban and those owned by the municipality, the port facilities inland waterways, airports and land transport terminals, in accordance with the participation of the municipalities in the port and airport companies, to the extent that they are owned or operated by the municipalities; transferred.

PARAGRAFO 1. In cases where the construction of a national or departmental route, its alternate, is undertaken, it will be able to move to the municipal infrastructure if it meets the characteristics of the municipality, in the opinion of the Ministry of Transport.

PARAGRAFO 2. The policy on land transport terminals in terms of their regulation, tariffs and operational control, will be exercised by the Ministry of Transport.

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ARTICLE 18. AUTONOMOUS ENTITIES. In order to administer the roads delivered by the Nation, as well as the construction, rehabilitation and extension of infrastructure works, the departments, districts and municipalities may constitute entities. Autonomous regions with legal status, their own heritage with participation from the public and private sectors. These institutions may issue shares, bonds, securities, contract loans and execute works in a direct or indirect manner.

CHAPTER II.

TRANSPORT INFRASTRUCTURE FUNCTIONS AND RESPONSIBILITIES

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ARTICLE 19. CONSTITUTION AND CONSERVATION. It is for the Nation and the territorial entities to construct and preserve each and every component of their property, in the terms set forth in this Law.

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ARTICLE 20. PLANNING AND IDENTIFICATION OF PRIORITIES OF THE TRANSPORT INFRASTRUCTURE. It is for the Ministry of Transport, the entities of the national order with responsibility in the transport infrastructure and the territorial entities, the planning their respective transport infrastructure, determining priorities for their conservation and construction.

For these purposes, the Nation and the territorial entities will make the budget appropriations with own resources and with those that determine this Law.

CHAPTER III.

TRANSPORTATION INFRASTRUCTURE CONSTRUCTION AND CONSERVATION RESOURCES

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ARTICLE 21. FEES, FEES AND TOLLS ON THE TRANSPORTATION INFRASTRUCTURE IN CHARGE OF THE NATION. <Article partially modified by article 1 of the 2002 787 Act. The new text is as follows: > For the construction and conservation of the transportation infrastructure in charge of the nation, it will have the resources that will be appropriated in the National Budget and will also charge the use of the transport infrastructure to users, seeking to ensure their proper maintenance, operation and development.

For these purposes, the Nation will establish tolls, fees and charges on the use of the national transportation infrastructure and the resources from its collection will be used exclusively for that mode of transportation.

All services that the Nation or its decentralized entities provide to users by the use of the National Transportation Infrastructure will be subject to the charging of fees or charges.

For the fixing and charging of fees, fees and tolls, the following principles will be observed:

(a) Revenue from the use of the transport infrastructure must ensure its proper maintenance, operation and development;

b) All users should be charged, with the exception of motorcycles and bicycles, fire extinguishing machines of the Volunteer Fire Corps, Official Fire Corps, ambulances belonging to the Red Cross, Civil Defense, Official Hospitals, Military and National Police Vehicles, National Prison and Prison Institute official vehicles, Inpec, official vehicles of the (DAS) Administrative Department of Security and other institutions that perform Judicial Police functions;

(c) The value of the fees or charges shall be determined by the competent authority; their collection shall be carried out by public or private entities responsible for the provision of the service;

(d) Toll rates shall be differential, that is, they shall be set in proportion to the distances travelled, the vehicle characteristics and their respective operating costs;

e) For the determination of the value of the toll and the valuation rates on the national routes, a criterion of fiscal equity will be taken into account.

PARAGRAFO 1o. The Nation may in case of need and previous concept of the Ministry of Transportation, appropriate resources of the National Budget for the maintenance, operation and development of the infrastructure of transport.

PARAGRAFO 2o. To be entitled to the exemption referred to in literal (b), it is mandatory that the related vehicles, with the exception of bicycles and motorcycles, are fully identified with the emblems, colours and institutional hallmarks of each of the entities and bodies to which they belong. For control purposes, the Ministry of Transport shall regulate the relevant.

PARAGRAFO 3o. Optional to the Territorial Entities to decree the exemptions referred to in literal (b), in article 1, or.

PARAGRAFO 4o. The "Concessional" paths are also understood.

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ARTICLE 22. DESTINATION OF TOLL RESOURCES. In the allocation of the resources of the National Institute of Vies, collected by tolls, at least 50% will be invested, for construction, rehabilitation and conservation of roads in the respective department where is collected and the surplus in the respective area of influence.

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ARTICLE 23. RECOVERY. The Nation and the territorial entities may fully or partially finance the construction of transport infrastructure through the collection of the recovery contribution.

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ARTICLE 24. FUND FOR CO-FINANCING OF ROADS. To guarantee the departments the resources for the construction, rehabilitation and maintenance of the roads, create the Fund for the Co-financing of Vies, which will act as a special system of accounts dependent on FINDETER and whose role will be to administer the resources for this purpose under this Law. This Fund will be administered by a committee that will be comprised of:

1. The Minister of Transport or his delegate, who shall preside over it;

2. The Director of the National Planning Department or its delegate;

3. The Director of the National Institute of Vias or his delegate, who shall act with a voice but without a vote;

4. The President of the Financial Society of Territorial Development S.A., FINDETER, or his delegate, who will have a voice, but did not vote and act as Secretary of the Fund.

PARAGRAFO 1. The Directors of the ESCOs will be able to attend the sessions of the Management Committee of the Vies Co-financing Fund, with a voice but without a vote, when they will consider projects corresponding to their respective jurisdiction.

PARAGRAFO 2. You will be resources of the Vies Co-financing Fund:

1. The sums that are appropriated in the National Budget.

2. The own resources of the financial society for Territorial Development S.A. FINDETER to be used for the purpose;

3. All goods and rights belonging to the National Fund of Road Roads that are transferred to you in the development of the liquidation process of this entity;

4. The resources from the beer consumption tax, which is dealt with in article 157 of the Departmental Regime Code contained in Decree Law 1222 of 1986.

5. The sums corresponding to the budget items or appropriations included in the budget for the 1993 financial year of FINDETER and the Community Development Fund of the Ministry of Government which are intended for programmes and projects of co-financing related to the object of the Vies Co-financing Fund.

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ARTICLE 25. CO-FINANCING FUND FOR URBAN INFRASTRUCTURE. The Cofinancing Fund for Road and Urban Infrastructure created by Article 19 of Decree 2132 will be called the cofinancing fund for the URBAN INFRASTRUCTURE, which will be managed by FINDETER as a special system of accounts and will be managed by the Committee noted in article 21 of Decree 2132 of 1992.

PARAGRAFO 1. The following are the resources of the Urban Infrastructure Cofinancing Fund:

1. The sums to be appropriated in the national budget;

2. The resources that the Financial Society of Territorial Development S. A. FINDETER allocate for the effect.

3. The sums corresponding to the budget items or appropriations included in the budget of the 1993 financial year of FINDETER and the Community Development Fund of the Ministry of Government, which are intended for programmes and projects of Co-financing related to the purpose of the Urban Infrastructure Co-financing Fund.

PARAGRAFO 2. The resources of this Fund will be used to co-finance the implementation of programs and investment projects presented autonomously and directly by the municipalities, in urban and rural areas, in such areas as aqueducts, market places, abattoirs, toilet, waste treatment, urban road mesh, parks, sports settings, public areas of tourism and disaster prevention works.

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ARTICLE 26. STATUTORY REFORMS. For the development of the provisions of this Law, it will be necessary to adopt the corresponding statutory reforms by the Shareholders ' Assembly of the Financial Society of Territorial Development S.A. FINDETER, which will require approval from the National Government. Those reforms shall be determined by the officials to whom it is appropriate to carry out the own management functions of the Track and Co-financing Fund for Urban Infrastructure.

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ARTICLE 27. CRITERIA FOR CO-FINANCING. For co-financing the following criteria will be taken into account, in addition to those set out in Article 24 of Decree 2132 of 1992:

a. The territorial entities shall be autonomous in determining the eligibility of the infrastructure projects. However, this eligibility must be determined by the continuous preparation of plans within a minimum of five (5) years.

b. The Ministry of Transport will establish the overall policies of investment in expansion, rehabilitation and maintenance of the transport infrastructure. The co-financing fund will be an element to promote such a policy.

c. The co-financed projects will be implemented through contracts, by the departments and municipalities. These will be autonomous and responsible for the hiring of works.

d. The regional distribution of the resources of the co-financing funds will be defined by the following criteria: unmet basic needs, investments made by the territorial entities, efficiency in expenditure, length of the network Territorial entities vial and promotion of maintenance of existing infrastructure.

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ARTICLE 28. TASAS. The municipalities, and the districts, will be able to establish fees for the right of parking on public roads, and taxes that will discourage the access of private vehicles to city centers.

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ARTICLE 29. NO. Without prejudice to the provisions of Article 6 of Law 86 of 1989, authorize the municipalities, and the districts, to establish a maximum surcharge of 20% at the price of the motor fuel, with destination exclusive to a fund for the maintenance and construction of public roads and to finance the construction of massive transport projects.

PARAGRAFO. In no case shall the sum of the surcharges to the motor fuel, including that laid down in Article 6 of Law 86 of 1989, exceed the percentage established here.

CHAPTER IV.

WORKS BY CONCESSION

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ARTICLE 30. OF THE CONCESSION CONTRACT. The Nation, the departments, the districts and the municipalities, in their respective perimeters, may individually or in combination or through their decentralized entities of the transport sector, grant concessions to individuals for the construction, rehabilitation and conservation of road infrastructure projects.

For the recovery of the investment, the Nation, the departments, the districts and the municipalities will be able to establish tolls and/or recovery. The procedure for causing and distributing the recovery, and the fixing of tolls is regulated by the rules on the matter. The formula for the recovery of the investment shall be laid down in the contract and shall be compulsory for the parties.

The variation of these rules without the consent of the concessionaire, will involve civil liability for the entity who in turn, may repeat against the responsible official.

In the contracts awarded by the National Institute of Vias, the road accesses that are part of the district or municipal transport infrastructure may be included.

PARAGRAFO 1o. Municipalities, departments, districts, and the Nation will be able to provide budget items for infrastructure projects in which, according to the studies, the concessionaires cannot recover your investment in the expected time.

PARAGRAFO 2o. The contracts referred to in paragraph 2o. Article 81 of Law 80 of 1993, which after the promulgation of that Law are celebrated, will be subject in its formation to the provisions of the same. However, they shall not be subject to the provisions of Article 44 4) (4) and (2). of article 45 of that law. The award criteria shall be indicated in the Statement of Conditions.

PARAGRAFO 3o. Under the concession scheme, the revenue that produces the work given in concession, shall be allocated in its entirety to the private concessionaire, until it obtains within the period stipulated in the contract of grant, the return to capital invested. The State shall recover its investment with the proceeds from the operation after the end of the concession period.

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ARTICLE 31. SECURITIZATION AND CREDIT FOR DEALERS. In order to guarantee the internal investments necessary for the financing of infrastructure projects, the concessionaires will be able to securitize the projects, using autonomous assets maintaining contractual liability.

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ARTICLE 32. UNILATERAL CLAUSES. 73 of Law 1682 of 2013 >

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ARTICLE 33. INCOME GUARANTEES. For transport infrastructure works, by the concession system, the grantor entity may establish minimum income guarantees using resources from the budget of the respective entity. Similarly, it may be established that when the revenue exceeds a maximum, the additional revenue may be transferred to the contracting entity as they are caused, be taken to reduce the time of the concession, or used for works additional, within the same vial system.

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ARTICLE 34. ACQUISITIONS OF PREMISES. In the acquisition of premises for the construction of transport infrastructure works, the state entity will be able to delegate this function to the concession holder or to a third party. The acquired premises shall be listed in the name of the public entity.

The maximum value to be paid by the pregod or by the improvements, will be established by the contracting state entity, in accordance with the rules in force on the subject, or by means of commercial guarantees that will be made by firms affiliated with the root property, based on general criteria to be determined by the Agustin Codazzi Geographic Institute for the effect.

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ARTICLE 35. ADMINISTRATIVE EXPROPRIATION. The National Government, through the Ministry of Transportation, the departments through the governor and the municipalities through the mayors, will be able to decree the administrative expropriation with compensation, for the acquisition of premises for works of transport infrastructure. For this purpose, they must comply with the requirements laid down in the rules governing the matter.

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ARTICLE 36. SETTLEMENT OF THE CONTRACT. In the contract for the award of works of transport infrastructure, the form of settlement of the contract and the rights of the parties shall be established in the event of non-compliance with any of them.

CHAPTER V.

ADAPTING ADMINISTRATIVE STRUCTURES

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ARTICLE 37. PRINCIPLES FOR ADMINISTRATIVE RESTRUCTURING. In accordance with article 189 of the National Constitution, the general principles and rules to be followed by the President the Republic to modify the administrative structures of the transport sector, including the structures defined by Decree 2171 of 1992, are as follows:

a. MODERNISATION. It will respond to the technical and administrative developments of public administration and can be supported by the specialized services offered by private individuals.

b. EFFICIENCY. Participation and stimulus schemes aimed at improving administrative efficiency will be encouraged.

c. GERENCIAL ADMINISTRATION. The mechanisms of management control and deconcentration of functions will be established.

d. TRAINING. Special emphasis will be given to the tools for training, technification and professionalization of officials.

PARAGRAFO. For the aeronautical industry, the following principles will apply:

a. FUNTIONAL ADMINISTRATION. It will be managed taking into account four major functional areas: aeronautical planning and regulation, airworthiness services, air safety oversight, oversight and airport services.

b. SPECIAL. The technical specialization that the functions of the aeronautics have will be answered.

c. DECENTRALISATION. Decentralisation and regional involvement in the administration of airport services will be aimed at.

d. SECURITY. The regulatory and control functions of aeronautical and airport security shall be established at the highest levels of the administration.

e. LABOUR COMPETITIVENESS. Wage systems that are competitive in the Colombian labor market will be established for the entity's servers.

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ARTICLE 38. INSTITUTIONAL ADEQUACY OF THE TERRITORIAL ENTITIES. For the fulfillment of the objectives of the transportation system established in this Law, the territorial entities by determination of the Departmental Assemblies or the Councils Municipal, as the case may be, may adopt the reforms which they consider indispensable in their administrative structures and personnel plants, based on the principles defined in the previous article, merging, deleting or restructuring, the bodies of the central or decentralised sector of the respective institution; linked to the system.

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Provisions analyzed by the Legal Advance Casa Editorial Ltda. ©
"Laws since 1992-Expressed Effective and Constitutionality Sentences"
ISSN [1657-6241 (Online)]
Last Updated: September 23, 2016
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