By Which The National Transportation Statute Is Adopted

Original Language Title: Por la cual se adopta el Estatuto Nacional del Transporte

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ACT 336 OF 1996
(December 20)
Official Gazette No. 42,948, of December 28, 1996


STATUTE GENERAL TRANSPORTATION Summary Effective Notes


TITLE I. GENERAL PROVISIONS FOR MODES OF TRANSPORT CHAPTER I.


OBJECTIVES ARTICLE 1o. This law aims to unify the principles and criteria that will form the basis for regulation and regulation of Public Transport Air, sea, river, rail, Massively Land and operation in the national territory, in accordance with Law 105 1993, and the rules that modify or replace.
Article 2.
. Security, especially related to the protection of users, is a key priority in the activity of the Sector and Transportation System.

ARTICLE 3. For relevant effects in regulating public transport competent authorities shall require and verify the security, comfort and affordability required to ensure the inhabitants the efficient delivery of basic services and other levels to be established within each mode giving priority to the use of mass transit. In any case, the State shall regulate and monitor the transportation industry in the terms provided in Articles 333 and 334 of the Constitution.
CHAPTER II. PRINCIPLES AND NATURE


ARTICLE 4. The operator shall state special protection and shall be subject to the conditions and benefits established by the regulatory provisions of matter, which are included in the National Development Plan, and as a public service will continue under the supervision, regulation and control of the State without prejudice to its provision may be entrusted to individuals.

The 5th ITEM. The character of essential public service under state regulation that the law gives the operation of public transport companies, involve the priority of general interest on the matter, especially with regard to ensuring service delivery and protection users, according to the rights and obligations specified in the regulations for each mode.
The private shuttle service is one that tends to satisfy needs of moving people or things within the scope of the exclusive activities of individuals and / or legal. In this case their own equipment must meet the standards established by the Ministry of Transport. When not own used equipment, hiring transportation service must be made with public transport companies legally authorized under the terms of this Statute. Effective Jurisprudence


ARTICLE 6o. For transport activity it means an organized operations designed to execute the transfer of people or things, either separately or jointly, from one place to another, using one or more modes in accordance with the authorization issued by the competent authorities based on the regulations set the National Government.

ARTICLE 7. For executing national or international multimodal transportation, Multimodal Transport Operator must be previously enrolled in the Registry for the purpose by the Ministry of Transport. For this record, the applicant must certify compliance with the requirements relating to quality mode of transport, with capital, agents and representatives, insurance coverage liability and others who are required by the regulations.
Agents or representatives in Colombia of foreign Multimodal Transport Operators jointly liable with their constituents or brokered by the fulfillment of the obligations and penalties that apply by the Ministry of Transport.
In any case the regulations referred to in this Article to be subject to the international standards adopted by the country and governing the matter. Effective Notes

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Article 8. Under the supreme direction and administrative supervision of the national government through the Ministry of Transport, authorities that make up the sector and the transport system will be responsible for the organization, monitoring and control of transport activity within their jurisdiction and shall serve based on the criteria of collaboration and harmony of its own membership in the state order. Likewise, the Ministry of Transport shall regulate all matters relevant to the tourist transport under Law 300 of 1996 Notes Effective

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CHAPTER III.

CREATION AND OPERATION OF PUBLIC TRANSPORT COMPANIES

Article 9. The public transport service within the country has a national scope and will be provided by companies, individuals or legal entities, legally constituted under Colombian regulations and duly authorized by the competent authority for transport.
The provision of public services International Transport, more than the national rules applicable to the case, shall be governed in accordance with the treaties, agreements and practices, held or received by the country for this purpose. Effective Notes

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ARTICLE 10. For the purposes of this Act means transport company operator or natural or legal person incorporated as permanent economic exploitation unit with equipment, facilities and appropriate management bodies to make the transfer from one place to other people or things, or one and the other together.
PARÁGRAFO. The constitution of the legal entity referred to in this Article, will not require any prior authorization from the State.

ARTICLE 11. Companies interested in providing public transportation service or constituted for this purpose must request and obtain authorization to act.
The Enabling, for purposes of this Act, is the authorization issued by the competent authority in each mode of transport for the provision of public transport services.
The Government shall determine the conditions for the granting of Entitlement, on organization and technical and economic capacity, also, it brings the requirements that operators must provide evidence such as financial statements duly certified, demonstrating the existence of capital subscribed and paid, and gross assets, verification of the origin of capital contributed by the partners, owners or shareholders, ownership, possession or linking transportation equipment, safety factors, area of ​​operation and service requirements. Effective Jurisprudence


The national government will have six (6) months from the effective date of this law, to regulate the authorization of each mode of transport, and providers of public transport services that are operating license shall be eighteen (18) months from regulation to benefit from it

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ARTICLE 12. In furtherance of the provisions of the preceding Article, for purposes of the conditions on the organization, should be taken into account, inter alia, the structure established for the management and administration of the company, the selection systems of resource human and the availability of adequate facilities for its operation.
For the purposes of technical conditions shall be taken into account, among others, specialized training who are in charge of the administration and operation of the company, as well as technical advances used for the service.
For purposes of security conditions on the implementation of programs replenishment, servicing and maintenance of equipment are taken into account, inter alia, the fuel supply systems and mechanisms to protect passengers and cargo.
For purposes of the conditions relating to the financial capacity and source of resources, they are taken into account, among others, the latest statements of income and current and former duly certified financial statements, comparing the paid capital, equity and gross, financial analyzes required and other mechanisms established by the provisions in force to verify the origin of the invested capital. Effective Notes

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ARTICLE 13. Enabling is not transferable to any title. Consequently, the beneficiaries of the same may not hold or perform any act that in any way imply that the transport activity is developed by a different person who initially was granted, except sucesorales rights. Effective Notes

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ARTICLE 14. The competent authority of each mode have ninety (90) days from the date of the application for the authorization to verify compliance with the requirements and decide on this. Entitlement is granted through a Resolution in which they specify the characteristics of the company and the service provided. The authorization will be granted with the same name invoked by interested parties since the start of administrative action and any modification or change that can only be made with prior permission of the competent authority, why should maintain a record of the names and distinctive companies. Effective Notes

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Article 15. They shall be indefinite, while subsisting conditions for granting originally required for compliance with the minimum requirements established by the relevant provisions.
The competent authority may at any time on its own initiative or upon request, verify compliance. Effective Notes

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CHAPTER IV.
OF SERVICE PROVISION

ARTICLE 16. In accordance with the provisions of the 3rd Article. the 7th paragraph. Law 105 of 1993, subject to the provisions of treaties, agreements or conventions international, the provision of public transport service shall be subject to the authorization and issuance of a permit or the conclusion of a concession contract or operation , depending on the case of routes, schedules or frequencies office, or areas of operation, special transportation services, such as school, salaried, tourism and occasional. Effective Notes

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ARTICLE 17. Permission for the service in operational areas, routes and schedules or frequencies of office, shall be subject to the conditions of regulation or freedom, the provision established in the relevant regulations. In passenger transport existing or potential, as appropriate to adopt measures to meet the needs of mobilization. Effective Notes

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ARTICLE 18. The permit for the provision of public transport service is revocable, non-transferable, and requires the recipient to comply authorized under the conditions laid down therein. Effective Notes

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ARTICLE 19. The permit for the provision of public transport service will be awarded by competition in which free competition and private initiative on creation of new enterprises are guaranteed, as determined by the regulations issued by the National Government.
When the service to be provided is not subject to predetermined routes and schedules may be granted permission directly with the authorization to act as a carrier. Effective Notes

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ARTICLE 20. The competent authority may issue special transport and temporary permits to overcome specific situations of disturbing public services caused by a transport company in any of its modes, affecting the service, or to meet the rise transport occasional demands.
Surpassed the situations mentioned, the temporary permits will cease its validity and the service is subject to the conditions normally established or authorized, as appropriate. Effective Notes

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ARTICLE 21. The provision of public transport services at different levels and modalities may be agreed by the conclusion of concession contracts awarded in competitive bidding, fulfilling work procedures and conditions specified in the General Statute Concentration Public administration. You may be ordered the opening of the Bidding without previously there is evidence of an unmet demand for mobilization.
In any case the national government through the Ministry of Transport, should include as award criteria, rules to ensure competition and prevent monopoly.
The provisions of the first paragraph also apply when private initiative jointly propose the construction of transport infrastructure and service delivery, or the implementation of a mass transit system.

In any case, the user will be will ensure alternative forms of transport for their mobilization. CHAPTER V. EQUIPMENT



ARTICLE 22. Every company in the public transport service will authorized to address the provision of services provided carrying capacity. In accordance with each mode of transport, Regulation determines the way in which equipment companies, indicating the percentage of ownership and alternate ways to meet and prove it. Effective Notes

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Previous legislation ARTICLE 23.
enabled to provide the public transport service may only do so with registered or recorded for the service, previously registered or recorded for the service equipment companies, previously approved by the Ministry of Transport, related bodies linked or coordination relationship and comply with the specifications and technical requirements according to the infrastructure of each mode of transport. Effective Notes

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ARTICLE 24. The authorities of Foreign Trade and Economic Development, must comply with the technical concepts of the Ministry of Transport, on equipment needs and quality before approving imports, assembly or manufacture thereof. Effective Notes

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ARTICLE 25. Persons engaged in the import, manufacture and assembly of equipment, or components, intended for the public and private transport must register with the entities referred to in Article twenty accordance with the conditions designated for this purpose. Effective Notes

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ARTICLE 26. All equipment intended for public transport must have the documents required by the relevant provisions to provide the service in question.
Transport equipment entering the country temporarily destined for a use other than public service, they have a special identification shall be treated as a temporary import and re-exported shall be within the period prescribed by the competent authority.
CHAPTER VI.
RELATED TO TRANSPORT SERVICES
ARTICLE 27.
considered related to public transport which are provided at the terminals, dry ports, airports, ports and stations or nodes, depending on the mode of transport corresponding services.
The designs for the construction and operation of facilities where services work in the preceding paragraph referred to contemplate the establishment of systems or appropriate for the displacement of the physically disabled mechanisms.

ARTICLE 28. The control and supervision exercised by the Ministry of Transport on the services referred to in the preceding article, is understood only in respect of the operation in general of the transport activity.
CHAPTER VII.

RATES
ARTICLE 29. In its leading status and guiding the sector and the National Transport System, it is up to the national government through the Ministry of Transport to formulate policies and establish the criteria to be considered for direct, controlled or free fixing rates in each of the modes of transport.

ARTICLE 30. In accordance with the provisions of the preceding article Jan, the competent authorities, as appropriate, develop cost studies as a basis for setting rates, notwithstanding the provisions requiring the Treaties, Agreements , conventions, conferences or practices on the tariff regime for particular transport mode.

CHAPTER VIII. SAFETY

ARTICLE 31.
equipment intended for the public transport service in any mode, must comply with the conditions of weight, dimensions, capacity, comfort, graphical control or electronic speed limit, control environmental pollution, and other technical specifications, according to what is designated in the relevant Regulations, for purposes of the corresponding approval.
PARÁGRAFO. For reasons of road safety, the new National Land Transit Code shall provide, develop and regulate the obligation of mechanical technical review in public and private vehicular transport and with this objective adopt a national policy Automotive Diagnostic Centers. Effective Notes

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ARTICLE 32. Within the marking of the technical conditions for the approval of equipment for the provision of public service transport, priority will be awarded to check factors as the high performance of security mechanisms the operation thereof, to the environmental control options and ease conditions for mobilizing the physically disabled. Effective Notes

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ARTICLE 33. The National Government through the Ministry of Transport and other competent authorities on the matter, establish standards and develop programs aimed at developing effective quality controls on parts, spare parts and other items of equipment components for public and private transportation services.
Importers, producers and marketers of such equipment will register their products with the determination of its useful life, laboratory testing and certifying its resistance measurement, issued by the competent authority. Effective Notes

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public transport companies are required to monitor and verify that the drivers of their computers Driving License valid and appropriate for the service and its affiliation to the social security system according to the provisions foreseen legal force on the subject. The violation of the provisions of this Article will lead to appropriate sanctions.

ARTICLE 35. Within the structure of the Ministry of Transport, believe the General Security Directorate in order to support administrative and operational functioning of the body Specializing in Transportation and Traffic Police, develop preventive medicine programs and execute programs training and studies on such matters.
Transport companies should develop through the Institute of Social Insurance or EPS authorized, preventive medicine programs established by the Ministry of Transport, in order to ensure the mental and physical suitability of equipment operators service providers.
Public transport companies should develop training programs through SENA or specialized agencies authorized by the Ministry of Transport, to all operators of the equipment for public service, in order to ensure efficiency and modernization of operators. Effective Jurisprudence


The specialized than the first paragraph of this Article shall be composed of members of the National Police and initially continue to operate for the Transport Automotive, and when circumstances warrant relates to body to other modes will be extended to the which the relevant administrative and budgetary measures must be taken. Effective Notes

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ARTICLE 36. The drivers of the equipment for the public transport service will be hired directly by the transport operator, who for all purposes shall be jointly liable with the owner of the team. Effective Jurisprudence


The working day of those who are responsible driving and operation of equipment for public transport service will be established in the relevant labor and special rules. Effective Notes

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ARTICLE 37. The Banking Superintendency shall take the necessary measures to ensure that insurance companies grant policies referred to in the previous Article no purpose other than payment of the respective premium compensation. Effective Notes

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ARTICLE 38.
equipment for the provision of public transport service must meet the technical conditions - mechanical set for operation, a fact which is assumed with the acquisition of insurance required by law, without prejudice to the competent authorities to order periodic review or for specific cases. Effective Notes

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ARTICLE 39. For purposes of evaluating the conditions of the country's infrastructure or to overcome specific situations of material damage that threaten the use thereof, the Ministry of Transport may adopt separately or together with the entities that comprise the System national Transport, technical, administrative or budgetary measures that lead to temporarily or permanently preserve or restore normalcy.
ARTICLE 40.


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ARTICLE 41.


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