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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LAW 105
1993 (December 30)
Official Gazette No. 41,158, of December 30, 1993
"Whereby basic provisions on transport are issued, powers and resources are redistributed between the national government and Territorial Entities, planning is regulated in the transport sector and other provisions. " Summary

Term Notes
THE CONGRESS OF COLOMBIA,
DECREES: TITLE I.

SECTOR AND NATIONAL TRANSPORTATION SYSTEM PRINCIPLES AND GENERAL PROVISIONS


CHAPTER I. SECTOR AND INTEGRATION SYSTEM NATIONAL TRANSPORTATION
ARTICLE 1o. SECTOR AND NATIONAL TRANSPORTATION SYSTEM. Integra Transport, the Ministry of Transport, its affiliated or associated agencies and the General Maritime Directorate of the Ministry of National Defense sector as it is subject to a relationship of coordination with the Ministry of Transport.
Up the National System of Transportation, for the development of transport policies, in addition to the organizations listed in the preceding paragraph, transit agencies and transportation, both by land, air and maritime transport infrastructure and local authorities and other dependencies of the central or decentralized of any order having functions related to this activity sectors.
CHAPTER II. GUIDING PRINCIPLES OF TRANSPORT

Article 2.
. FUNDAMENTAL PRINCIPLES.
A. SOVEREIGNTY OF THE PEOPLE: Sovereignty resides exclusively in the people, from whom public power emanates. The people exercise directly through their representatives, in the terms established by the Constitution. The State must ensure the complete and exclusive sovereignty over the territory, airspace and territorial sea.
B. STATE INTERVENTION: The State planning, control, regulation and monitoring of transport and activities related thereto.
C. THE FREE MOVEMENT: In accordance with Articles 24 and 100 of the Constitution, any person can move freely throughout the national territory, airspace and territorial sea, within the limits established by law.
For reasons of public interest, the Government may prohibit, condition or restrict the use of airspace, land transport infrastructure, rivers and the territorial sea and air navigation on certain regions and the transport of certain things .

In case of conflict or inadequate transport infrastructure the state prefer the collective public service particular service.
D. NATIONAL AND INTERNATIONAL INTEGRATION: Transportation is a basic element for national unity and development throughout Colombia and for the expansion of international trade in the country.
E. SAFETY: The safety of people is a priority of System and Transport Sector.

ARTICLE 3. PRINCIPLES OF PUBLIC TRANSPORT. Public transportation is an industry aimed at ensuring the mobilization of people or things through appropriate to each of the infrastructure sector in terms of freedom of access, quality and safety of users subject to a payment vehicles and governed by the following principles:
1. TRANSPORT ACCESS:
Which means:
a. The user can be transported through the medium and so choose in good access, comfort, quality and safety.
B. That users are informed of the means and modes of transport that are offered and the ways of their use.
C. The competent authorities design and implement policies to encourage the use of public transport, rationalizing the appropriate equipment according to demand and inclining by the use of mass transit.
D. The design of transport infrastructure and in the provision of services of public passenger transport, the competent authorities promote the establishment of conditions for use by physical, sensory and mental disabilities.
2. THE NATURE OF PUBLIC TRANSPORT SERVICE:
operation of public transport in Colombia is a public service under the control of the State, who shall exercise control and supervision necessary for proper performance in conditions of quality, timeliness and safety.
Exceptionally
the Nation, territorial entities, public institutions and industrial and commercial enterprises of the State of any order may provide public transport service, when it is not paid by individuals, or monopolistic or oligopolistic practices arise affecting the interests of users. In any case, the service provided by public entities will be subject to the same conditions and regulations of individuals.
There will be a basic transport service accessible to all users. They are permitted under the regulation or regulations luxury transportation, tourism and special, that do not compete unfairly with the basic system.
3. COLLABORATION BETWEEN THE ENTIDADFS:
Different agencies of the National System of Transport ensure that its operation is founded on criteria of coordination, planning, decentralization and participation.
4. CITIZEN PARTICIPATION:
All persons directly, or through social organizations shall cooperate with the authorities in controlling and monitoring transport services. The authorities pay special attention to complaints and suggestions are formulated and should give them due process.
5. ROUTES FOR PUBLIC PASSENGER SERVICE:
understood for route for public transport service the route between a source and destination, with a particular course and characteristics regarding schedules, frequencies and other aspects operating.
The granting of permits or concession contracts to public transport operators to particular does not create special rights, other than those stipulated in the contracts or permits.
The National Government through the Ministry of Transport or its attached agencies, establish the conditions for the granting of routes for each mode of transport, taking into account technical studies prepared with emphasis on the characteristics of demand and supply. Effective Jurisprudence


6. FREEDOM OF COMPANY:
For the incorporation of companies or associative forms of transport may not require other requirements established in the laws and in the respective regulations.
Without prejudice to the provisions of the preceding paragraph, to access the provision of public service, business, associative forms of transportation and solidarity economy must be enabled by the state. To assume that responsibility, they will credit conditions demonstrating technical, operational, financial, security and source of capital contributed ability.
The authorities may apply the restrictions on private initiative established by law, which tend to avoid unfair competition, abuse that persons or businesses make of their dominant market position to ensure system efficiency and security principle.
The National Government through the Ministry of Transport or its attached agencies regulate the conditions of technical or operational for the service, based on studies of potential demand and carrying capacity. Effective Jurisprudence


The cargo transportation 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 the transport of cargo is carried out under conditions of safety and efficiency. Also there will be no restrictions on routes and frequencies, these will be determined by the market. The Government may establish technical and security conditions for service delivery and control is the responsibility of transit authorities.
7. PERMITS OR CONCESSIONS CONTRACTS:
Without prejudice to the provisions of treaties, agreements or international, the provision of public transport will be subject to the issuance of a permit or concession contract or operation by the competent authority.
Who meets the requirements established thereon, shall be entitled to such a permit or concession contract or operation. They are included within this literal special transport services.
8. Intermodal transport: The competent authorities
promote the best intermodal behavior, promoting healthy competition between modes of transport and proper supplementation.
9. SUBSIDIES TO CERTAIN USERS:

The national government, the departmental assemblies and district and municipal councils may provide subsidies for students, physically disabled, elderly and indispensable served by transport services, with rates beyond their financial reach. In these cases, the payment of such allowances shall be borne by the entity that establishes which should provide the budgetary source that finances and a way of operation to ensure its effectiveness in the relevant act. Nation subsidies can only be channeled through budget transfers.

ARTICLE 4. ENVIRONMENTAL PROTECTION. For the construction of public works that have an effect on the environment, public-developer or builder of the work organization, prepare an environmental impact study, which will be submitted for consideration by the Environmental Corporation having jurisdiction in the area where it is planned to build. The environmental agency have sixty (60) calendar days to consider the program. Once this term the positive administrative silence will apply.
Once authorizations issued environmental license for the project, will be asked to appropriate authorization respective municipality based on this, for which the municipality will have a term of thirty (30) days, or otherwise apply administrative silence. Against acts issued by municipal mayors come from government channels resources that treats the Title II, Chapter I, Article 49 et seq of the Administrative Code.
The competent authority of the transport sector, in accordance with the environmental authority will establish maximum levels of emission of substances, noise and gaseous pollutants from the engines of different types of ships and vehicles. Control over compliance with these provisions, shall be exercised by the competent authorities. Effective Jurisprudence


CHAPTER III.
REGULATION OF TRANSPORT AND TRANSIT

The 5th ITEM. DEFINITION OF POWERS. POLICY DEVELOPMENT. TRANSPORTATION AND TRAFFIC REGULATIONS. It is attribution of the Ministry of Transport in coordination with the various sectoral entities, the definition of general policies on transport and transit.
Create the Advisory Council for Transport, which will be regulated by the Government, shall be composed of the Minister of Transport, two (2) delegates the President of the Republic, five (5) delegates nominated by transport associations established in the country, as follows: one (1) by road freight, one (1) for the sector of passenger transport by road, one (1) for the transport sector urban passenger, one (1) for the iron industry and one (1) by water sector whose appointment be made by the Ministry of Transport, one (1) representative of the Colombian Society of Engineers and one (1) representative of the Colombian Association of Transportation Engineers - ACIT.
The Council shall meet at least once every six months and shall be convened by the Minister of Transport.
In accordance specifically corresponds to the Maritime Directorate General enshrined in Article 13 Decree 2327 of 1991. Effective Notes responsibilities


ARTICLE 6o. TOPPING fleet PASSENGER SERVICE AND / OR MIXED. Resetting the Automotive Park Public Service Passenger and / or Mixed. The maximum shelf life of ground vehicles of collective public passenger service and / or mixed shall be twenty (20) years. Excluded from this replacement vehicle fleet collective public passenger service and / or mixed (camperos, goats) collective public passenger service and / or mixed rural, always sector and they meet the safety requirements required by the standards and certification established by them. Effective Notes


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

The competent authorities of metropolitan, district and municipal levels, may encourage the replacement of vehicles, by establishing different service levels to date, to be provided with vehicles from the replacement. It also may temporarily suspend the entry of new public service passenger transport, according to the needs of your local vehicles, subordinating the entry of a new vehicle to the withdrawal of public service one that must be transformed or has served the maximum of life. For fixing tariffs calculated metropolitan transportation costs and / or urban including under "capital recovery", according to the parameters established by the Ministry of Transport.
PARAGRAPH 1. The following deadlines are set, for vehicles unprocessed, intended for public passenger and / or mixed with action metropolitan radio and / or urban, be removed from service:
- June 30, 1,995, 1,968 and earlier models.
- December 31, 1995, 1970 and earlier models.
- 1,996 December 31, 1974 and earlier models.
- June 30, 1,999, 1,978 and earlier models.
- 2,001 December 31, vehicles 20 years old.
- From 2.002, they must leave each year of service vehicles arriving at twenty (20) years.
Paragraph 2. The Ministry of Transport will define, regulate and determine the requirements for the transformation of terrestrial vehicles are operating in the public service of passengers and / or mixed, so that they prolong life up ten (10) years and only once, from the date on which perform the transformation. Effective Jurisprudence


PARAGRAPH 3. The Ministry of Transport will establish the terms and conditions to replace the collective public service vehicles of passengers and / or mixed with different radius of urban action and together with the competent authorities of each sector indicate operating conditions equipment for air, rail and maritime transport. Effective Jurisprudence

Editor's Notes


ARTICLE 7. PARK REPLACEMENT PROGRAM AUTOMOTOR. Companies collective character of passengers and / or mixed organizations and cooperative and supportive nature of the transportation industry. They are required to offer vehicle owners, periodic replacement programs and to establish and regulate funds to ensure the gradual replacement of the vehicle fleet, established in the previous article.
Paragraph 1. The Ministry of Transport in association with the competent local authorities, monitor replacement programs.
PARÁGRAFO 2. The use of replacement resources for purposes not pErevistos in this Act, shall offense of abuse of trust and he will be responsible resource manager.
PARAGRAPH 3. Similarly, the backfill process may be developed by fiduciary assignment constituted by conveyors or public entities individually or jointly.

Article 8. TRAFFIC CONTROL. It corresponds to the Traffic Police enforce the legislative scheme of traffic and transport, for the safety of people and things on public roads.
The functions of the Traffic Police will be preventive, technical and human assistance to road users and involved punishment for those who break the rules.
The functions of the Traffic Police will be exercised by the specialized bodies of transit. Departments and municipalities, more than fifty thousand inhabitants, with urban population with more than 80%, according to census approved, may organize their traffic police, whenever required for the normal traffic of vehicles. The issuance of this law will remain and will continue to exercise their functions, bodies existing bachelors guards.
Within one (1) year and in coordination with the specialized bodies of transit, the National Police will also meet traffic police functions throughout the national territory, prior training in this field.

The Government, in a term not exceeding one hundred and eighty (180) calendar days from the effective date of this Act, shall regulate the creation of training schools traffic police, which will aim instruction and training of applicants in specific areas of Transportation Engineering, medical first aid, auto mechanics, human relations and judicial police. It shall likewise, the requirements of knowledge, experience and seniority needed to obtain the title transit police.
CHAPTER IV. SANCTIONS


Article 9. SUBJECTS OF SANCTIONS. The authorities defined by the laws impose penalties for violation of the rules governing the transport under special provisions governing each mode of transport.
They may be subject to sanction:
1. Operators of public transportation and special services.
2. Persons who drive vehicles.
3. Persons using transport infrastructure.
4. Persons who violate or facilitate the violation of the rules.
5. People owning vehicles or transport equipment.
6. The utilities.
The sanctions referred to in this Article shall consist of:
1. Admonition.
2. Fines.
3. Suspension of licenses, certificates, registrations or operating permits.
4. Cancellation fees, licenses, registrations or operating permits.
5. Suspension or cancellation of the operating license of the carrier.
6. Vehicle immobilization or retention.

ARTICLE 10 CODES. The national government will submit to Congress during the first term of 1994, projects on National Statute of Transportation and the National Traffic Code, to unify the criteria for the different modes of transport with the principles established in this Law. | CHAPTER V.
|| pERIMETERS TRANSPORT AND TRANSIT ROAD IN THE TERRITORY

COLOMBIAN ARTICLE 11.
PERIMETER ROAD TRANSPORT. Perimeters are for the national, departmental and municipal transportation, the following:
a. The perimeter of the national transport includes the territory of the Nation. National service consists of the set of routes whose origin and destination are located in different departments within the national perimeter.
Not part of the national service routes departmental, municipal, associative or metropolitan.
B. The perimeter of the transport department includes 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.
Are not part of departmental service municipal, associative or metropolitan routes.
C. The perimeter of the district and municipal transport includes urban, suburban and rural areas and indigenous territorial districts of the respective jurisdiction.
Transport passengers between the Capital District and the neighboring municipalities will be organized by the transit authorities of the two municipalities. They mutually agreed awarded the routes and frequency.
The buses from neighboring municipalities entering the city center, use the trunk roads specially built for mass transport through buses. For this purpose will have to adapt to the conditions for such transport on those routes.
TITLE II. TRANSPORT INFRASTRUCTURE


CHAPTER I. DEFINITION OF TRANSPORT INFRASTRUCTURE

ARTICLE 12. DEFINITION OF INTEGRATION OF TRANSPORT INFRASTRUCTURE IN CHARGE OF THE NATION. It is understood by transport infrastructure by the Nation, that of his property that meets the basic function of integration of the main areas of production and consumption in the country, and this with other countries. This infrastructure is constituted by:
1. The national road network, with their areas, facilities, and signage, defined according to the following criteria:
a. The road whose traffic volumes are higher than those serving up to 80% of the total road network of roads.
B. Roads with predominantly south-north, called stem, which begin their journey at international borders and end up in the Atlantic ports or international borders.

C. The roads linking the trunk above each other, called transverse, the volume of transit justified, according to the literal content, communicate with neighboring countries or international trade ports.
D. The roads connecting departmental capitals formed with the above criteria, according to technical and economic feasibility network, this connection may be intermodal.
E. The routes for which construction has committed the Government through agreements with foreign governments or international agreements.
For the purpose of the transfer pathways that are now in charge of the nation to promote the departments, the Ministry of Transport shall take the necessary mechanisms for management, conservation and rehabilitation of these roads, can advance by contract.
National roads will become departmental at the request of the respective department, if this demonstrates the ability for rehabilitation and conservation.
2. Rivers, canals navigable waters, signaling and those public river ports of national interest.
3. Public maritime ports owned by the Nation and its access channels.
4. Railway lines owned by the Nation that includes your area, signaling and infrastructure for traffic control.
5. Network support, communications and meteorology air, basic transportation to provide air navigation services and airport infrastructure.
6. Lighthouses, buoys and other signaling elements for maritime transport.
7. The bridges built on the access roads in border areas.
8. Viaducts, tunnels, bridges and general access to the capitals of departments, districts and municipalities.
ARTICLE 13.
SPECIFICATIONS national road network. The national road network that is built from the effective date of this Act, have at least the following design:
a.- Track width: 3.65 meters.
B.- berm width: 1.80 meters.
C.- Maximum percentage of restricted areas to advance 40 percent.
D.- Pavement Roughness maximum 2.5 IRI (International Roughness Index)
The Nation shall not invest in rehabilitation and construction of national highways, with lower average specifications to those described, except that for technical reasons and costs is not possible to achieve these specifications.
Paragraph 1. The Ministry of Transportation will build parking bays on the areas surrounding national roads, which will count as possible, with basic public services in accordance with technical designs.
In the new roads who undertake and proximity to urban centers, will reserve swaths of land to be used for recreation and sports activities of its inhabitants.
PARÁGRAFO 2. It is the responsibility of the civil authorities departmental and / or municipal, protection and conservation for the area of ​​land adjacent to national roads, acquired as a reserve for maintenance and widening of the road network public property .
PARAGRAPH 3. The Ministry of Transport shall regulate and updated with the periodicity deemed appropriate rules on road and bridge designs.
ARTICLE 14. NATIONAL
Roads Fund. The National Local Road Fund, created by Decree 1650 of 1960 and restructured by decrees 1300 1988 1474 1989 continue to exercise the functions set out in those decrees and other standards as a public establishment of national, under the Ministry of Transport. The National Roads Fund may reduce the performance of their duties. The Ministry of Transport, according to departments, establish the timetable and technical and budgetary conditions for delivery of veredales pathways that are within the vial inventory of the National Local Roads Fund and the settlement of regional offices completed its functions, in accordance with Article 124 of Decree 2171 of 1992. Effective Notes

ARTICLE 15.
PLANS EXPANSION OF TRANSPORT NETWORK IN CHARGE OF THE NATION. The Ministry of Transport shall submit to the National Council for Economic and Social Policy CONPES for approval every two (2) years, road expansion plans, which must contain at least the following: Effective Notes


A. The convenience of investing in new national road infrastructure, according to the priorities of the National Development Plan.

B. Public investments to be made in road infrastructure, and private that should be encouraged.
C.The methodologies to be applied generally to establish concessions and consideration for national road infrastructure.
Road expansion plans may change the national transport network, incorporating or excluding specific pathways.
Public investments made in national road infrastructure will adhere to the provisions in the road expansion plans and the National Development Plan.
Road expansion plans are issued through decrees of the National Development Plan and this Law.
The Ministry of Transport will present a term not exceeding two (2) months from the effective date of this Act, for consideration and approval of the national Council for Economic and Social Policy, CONPES, the proposed integration of the national transport network, in accordance with the criteria set out in this Act.

Term Notes Effective Jurisprudence


ARTICLE 16. INTEGRATION OF TRANSPORT INFRASTRUCTURE BY DEPARTMENTS. They are part of the departmental transport infrastructure, the roads are owned by the Departments today; which they are now the responsibility of the Nation - National Road Fund or the National Local Road Fund - and that the National Government in compliance with the order of this Act, transferred them by treaty departments, like those in the future are departmental, which communicate with each other two municipal headers, as well as the territorial portion of interdepartmental roads that are not part of the national network; like docks and river ports and airports, as long as they own or that are transferred to it. To fulfill the program of transfer paths Nation departments, the Ministry of Transport will develop a gradual transfer plan routes, technology and financial resources appropriated by the Fund Co-financing of routes created by this Act, so that it enables them an effective administration, maintenance and rehabilitation of roads they receive.
The Nation can not deliver without defining responsibilities, ownership or rotation of the necessary resources. While delivery is made, the responsibility for maintaining the nation's will. Departments and districts may limit the amount maintenance of these roads, the resources for this purpose receive the said fund.
Departments to receive the nation's roads, also oblige receive contracts with associations of workers who have cooperatives or pre-cooperatives for road maintenance.
PARAGRAPH 1. Haran partially part of the departmental transport infrastructure seaports and airports according to the holdings they have in the port companies or regional airport.
Paragraph 2. In cases where the construction of a variant of a national road rush their alternates will move to the departmental infrastructure if it meets the characteristics of it, according to the Ministry of Transport.
PARAGRAPH 3. The departments and districts can access directly to the Fund Co-financing of routes form. Municipalities for co-financing of neighborhood roads will access through the appropriate department.
The municipalities and districts can access directly to the Fund for Urban Infrastructure Cofinancing way.

ARTICLE 17. INTEGRATION OF THE DISTRICT MUNICIPAL INFRASTRUCTURE AND TRANSPORT. It is part of the municipal district transport infrastructure, urban, suburban and those owned by the municipality roads, river and sea port facilities, airports and land transportation terminals, according to participation that have municipalities in port and airport companies, to the extent that they own or when they will be transferred.
Paragraph 1. In cases where the construction of a national or provincial route is undertaken, their alternates, will move to the municipal infrastructure if it meets the characteristics of it, according to the Ministry of Transport.
Paragraph 2. The policy on land transport terminals in their regulation, rates and operational control will be exercised by the Ministry of Transport.

ARTICLE 18.
autonomous entities. In order to manage the roads delivered by the Nation as well as the construction, rehabilitation and expansion of infrastructure departments, districts and municipalities may form autonomous entities with legal personality, its own assets with participation of the public and private sectors . These entities may issue shares, bonds, securities, contract loans and to execute works directly or indirectly.
CHAPTER II.
ROLES AND RESPONSIBILITIES ON TRANSPORT INFRASTRUCTURE

ARTICLE 19. CONSTITUTION AND CONSERVATION. The Nation and territorial entities the construction and maintenance of each and every component of your property, under the terms established in this Act.
ARTICLE 20.
PLANNING AND IDENTIFICATION OF PRIORITIES OF TRANSPORT INFRASTRUCTURE. The Ministry of Transport, to national entities with responsibility for transport infrastructure and territorial entities, their respective planning transport infrastructure, identifying priorities for conservation and construction.
For these purposes, the Nation and territorial entities shall budgetary appropriations with its own resources and those determined by this Law.
CHAPTER III.
RESOURCES FOR CONSTRUCTION AND CONSERVATION OF TRANSPORT INFRASTRUCTURE

ARTICLE 21. TAXES, RATES AND TOLLS IN TRANSPORT INFRASTRUCTURE IN CHARGE OF THE NATION. For the construction and maintenance of transport infrastructure by the Nation, this will have the resources appropriated in the national budget and also charged the use of infrastructure transport users, seeking to ensure its proper maintenance, operation and development.
For these purposes, the Nation establish tolls, fees and charges on the use of national transport infrastructure and resources from its collection will be used exclusively for that mode of transport.
All services that the nation or its decentralized entities provide users ancillary to the use of the National Transportation infrastructure will be subject to payment of fees or rates.
For fixing and collection of taxes, fees and tolls, the following principles shall be observed:
a) Income from the use of transport infrastructure, must ensure their proper maintenance, operation and development;
B) There shall be charged to all users, except motorcycles and bicycles, fire extinguishing machines Corps Volunteer Firefighters, Fire Officers Corps, ambulances belonging to the Red Cross, Civil Defense Official Hospitals, Vehicles Military Forces and the National Police, official vehicles of the National Penitentiary and Prison Institute, INPEC official vehicles (DAS) Administrative Security Department and other institutions providing judicial police functions; Effective Jurisprudence


C) The value of rates or rates will be determined by the competent authority; your collection will be handled by public or private entities, responsible for the service;
D) toll rates will be differential, ie, they are fixed in proportion to the distances, vehicle characteristics and their operating costs;
E) To determine the amount of the toll and valuation fees on national roads, it will take into account a criterion of fiscal equity. PARAGRAPH 1.
. The Nation may if necessary and prior concept of the Ministry of Transport, appropriating funds from the National Budget for maintenance, operation and development of transport infrastructure. PARAGRAPH 2.
. To qualify for the exemption provided for in paragraph b), it is mandatory that vehicles there related, except bicycles and motorcycles, are fully identified with emblems, colors and institutional distinctive of each of the entities and agencies to which they belong. For control purposes, the Ministry of Transport shall regulate pertinent. PARAGRAPH 3.
. Is empowered to local authorities to enact the exemptions referred to in paragraph b) of article 1.
PARÁGRAFO 4o. It is also understood pathways "Concessioned". Effective Notes

Effective Jurisprudence

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ARTICLE 22.
TOLL FATE OF RESOURCES. In the allocation of resources from the National Roads Institute, collected by tolls, at least it will be invested 50% for construction, rehabilitation and maintenance of roads in the respective department where collected and over in the respective zone of influence. Editor's Notes


ARTICLE 23. RECOVERY. The Nation and territorial entities may finance all or part construction of transport infrastructure through the collection of valorización.

ARTICLE 24. CO-FINANCING FUND VIAS. To ensure departments resources for construction, rehabilitation and maintenance of roads, believe the Fund Co-financing of routes, which will act as a special dependent system accounts FINDETER and whose function will be to manage the resources allocated . for this purpose under this Act this fund will be administered by a committee which will consist of:
1. The Minister of Transport or his delegate, who will preside;
2. The Director of the National Planning Department or his delegate;
3. The Director of the National Roads Institute or his delegate, who will act with voice but no vote;
4. The President of the Territorial Development Finance Corporation of SA, FINDETER, or his delegate, who will have a voice but no vote and act as Secretary of the Fund.
PARAGRAPH 1. The Directors of CORPES may attend meetings of the Committee Fund Management Co-financing of routes, with voice but no vote, when they are to consider projects under their respective jurisdiction.
PARÁGRAFO 2. 'Fund resources Co-financing of the following routes:
1. The amounts appropriated in the national budget.
2. The equity of the financial company of Territorial Development SA FINDETER which is intended for the purpose;
3. All assets and rights belonging to the National Local Road Fund to be transferred in settlement process development of this entity;
4. Resources from the excise tax on beer, which Article 157 of the Code of Departmental Regime under Decree Law 1222 of 1986. Effective Notes


5. The amounts for items or budget appropriations set the budget for the fiscal year 1993 FINDETER and Community Development Fund of the Ministry of Government which are aimed at programs v co-financing projects related to the purpose of the Fund Co-financing of routes .

ARTICLE 25. CO-FINANCING FUND FOR URBAN INFRASTRUCTURE. The Co-financing Fund for Road and Urban Infrastructure established by Article 19 of Decree 2132 will be called FUND CO-FINANCING FOR URBAN INFRASTRUCTURE, which will be handled by FINDETER as a special system of accounts and will be administered by the Committee stated in Article 21 of Decree 2132 of 1992. Paragraph 1. Will
Fund Co-financing resources for the following Urban Infrastructure:
1. The amounts appropriated in the national budget;
2. The resources the Territorial Development Finance Corporation SA FINDETER intended for effect.
3. The amounts for items or budget appropriations contained in the budget for the fiscal year 1993 FINDETER and Community Development Fund of the Ministry of Government, which are aimed at programs and projects Co-financing related to the purpose of the Fund Co-financing for Urban Infrastructure.
PARÁGRAFO 2. The resources of this fund will be used to co-finance the implementation of programs and investment projects presented autonomously and directly by municipalities, urban and rural areas, in areas such as aqueducts, market places, slaughterhouses, toilet , waste treatment, urban road network, parks, sports venues, public areas of tourism and disaster prevention works.

ARTICLE 26 STATUTE. Development of the provisions of this Act, will require the adoption of relevant statutory reforms by the Shareholders of the Territorial Development Finance Corporation SA FINDETER, which require approval by the National Government. In such reforms to those concerned officials to exercise their own leadership Fund Co-financing of roads and Co-Financing Fund for Urban Infrastructure functions are determined.

ARTICLE 27.
criteria for eligibility. For co-financing the following criteria are taken into account, in addition to those set out in Article 24 of Decree 2132 of 1992:
a. The local authorities are autonomous in determining the eligibility of infrastructure projects. However, this eligibility should be determined by the continuous preparation of plans for a minimum period of five (5) years.
B. The Ministry of Transport will establish the general policies of investment in expansion, rehabilitation and maintenance of transport infrastructure. Fund Co-financing is an element to promote the policy.
C. The co-financed projects will be implemented through contracts, by departments and municipalities. These are autonomous and responsible for contracting works.
D. The regional distribution of resources Funds Co-financing shall be defined by the following criteria: unsatisfied basic needs, investments made by local authorities, efficiency in spending, length of the road network of local authorities and promoting maintenance existing infrastructure.

ARTICLE 28. FEES. Municipalities and districts may collect fees for the right parking on public roads, and taxes that discourage access by individuals to the downtowns vehicles.
ARTICLE 29.
AUTOMOTIVE FUEL SURCHARGE. Without prejudice to the provisions of Article 6 of Law 86 of 1989, is hereby authorized to municipalities and districts to establish a maximum surcharge of 20% to the price of automotive fuel, with exclusive destination to fund construction and maintenance public roads and to finance the construction of mass transit projects.
PARÁGRAFO. In any case the sum of the automotive fuel surcharges, including under Article 6 of Act 86 of 1989, exceed the percentage set here. Effective Jurisprudence


CHAPTER IV. WORKS BY GRANTING


ARTICLE 30. CONCESSION CONTRACT. The Nation, departments, districts and municipalities in their respective perimeters, may individually or in combination or through its decentralized entities in the transport sector, granting concessions to individuals for the construction, rehabilitation and maintenance of road infrastructure projects .
For Payback, the Nation, departments, districts and municipalities may establish tolls and / or recovery. The procedure for cause and distribute recovery, and the setting of tolls is governed by the rules on the matter. The formula for return on investment will be established in the contract and shall be binding on the parties.
The variation of these rules without the consent of the licensee, imply liability for the entity who in turn, may sue the responsible official.
In concession contracts concluded by the National Roads Institute, they may include access roads that are part of the district or municipal transportation infrastructure. PARAGRAPH 1.
. Municipalities, departments, districts and the Nation will provide budgetary allocations for infrastructure projects which according to studies, dealers can not recoup their investment in the expected time. PARAGRAPH 2.
. Contracts that relates to clause 2. Article 81 of Law 80 of 1993, after the enactment of this Act are held, shall be subject in training as provided therein. However, these are not subject to the provisions of paragraph 4 of Article 44 and paragraph 2o. Article 45 of the Act. In the specification the award criteria will be indicated. Editor's Notes

PARAGRAPH 3.
. Under the concession scheme, income producing work under concession, will be allocated entirely to the private concessionaire, until it obtained within the time stipulated in the concession contract, return to invested capital. The state will recover its investment with income from operations after completion of the grant period. Editor's Notes

ARTICLE 31.
securitization and CREDIT LICENSEES. In order to ensure domestic investment needed to finance infrastructure projects, grantees may securitize projects through autonomous equities maintaining the contractual responsibility.

CLAUSES ARTICLE 32. UNILATERAL. Effective Notes

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ARTICLE 33. GUARANTEES OF INCOME. For transport infrastructure for the system concession, the grantor may establish minimum income guarantees using budget resources of the respective entity. Likewise, it may provide that when revenues exceed a maximum additional revenue may be transferred to the contracting entity as they cause, be taken to reduce the term of the concession, or used for additional works within the same road system .

ACQUISITIONS ARTICLE 34. PREMISES. In the acquisition of land for the construction of transport infrastructure, the licensing state agency may delegate this function to the dealer or a third party. The acquired properties will include the name of the public entity.
The maximum amount payable by land or improvements, be established by the contracting state entity, in accordance with the existing rules on the matter, or through commercial appraisals to be made by member firms to Lonjas estate, based on the general criteria to determine the effect the Codazzi.
ARTICLE 35. ADMINISTRATIVE
Expropriation. The Government, through the Ministry of Transport, departments through the governor and municipalities through mayors may decree the expropriation administrative compensation for land acquisition intended to transport infrastructure. For this purpose they must adhere to the requirements outlined in the rules governing the matter.

ARTICLE 36. LIQUIDATION OF THE CONTRACT. In the concession contract of transport infrastructure, it will be established in the form of settlement of the contract and the rights of the parties in the event of breach of any of them.

CHAPTER V. ADEQUACY OF ADMINISTRATIVE STRUCTURES

ARTICLE 37. PRINCIPLES FOR ADMINISTRATIVE RESTRUCTURING. In accordance with paragraph 16 of Article 189 of the Constitution, the general principles and rules to be followed by the President of the Republic to amend the administrative structures of the transport sector, including structures defined by Decree 2171 of 1992, they are as follows :
a. MODERNIZATION. It will respond to the technical and administrative developments in public administration and can rely on the specialized services offered by individuals.
B. EFFICIENCY. participation and encouragement schemes aimed at improving administrative efficiency will be encouraged.
C. MANAGERIAL ADMINISTRATION. management control mechanisms and deconcentration of functions will be established.
D. TRAINING. special emphasis will be given to training tools, modernization and professionalization of staff.
PARÁGRAFO.
To: for the aeronautical sector, additionally the following principles shall apply. FUNCTIONAL ADMINISTRATION. It will be managed taking into account four major functional areas: planning and regulating aviation, air navigation services, monitoring and air safety, supervision and airport services.
B. SPECIALIZATION. It will answer technical expertise that they possess the functions of aeronautics.
C. DECENTRALIZATION. It will tend to decentralization and regional participation in the management of airport services.
D. SECURITY. regulatory functions and control of aviation and airport security, at the highest levels of government will be established.
E. LABOR COMPETITIVENESS. wage systems that are competitive in the Colombian labor market for servers entity be established.

ARTICLE 38. INSTITUTIONAL ADAPTATION OF TERRITORIAL ENTITIES. To fulfill the objectives of the transport system established by this Act, the local authorities for determination of the departmental assemblies or municipal councils, as the case may adopt reforms they deem necessary in their administrative and plant personnel structures, Based on the principles defined in the preceding article, merging, deleting or rearranging the central or decentralized agencies of the respective entity sector linked to the system.
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