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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1996 ACT 336

(December 20)

Official Journal No. 42,948, dated December 28, 1996

GENERAL TRANSPORT STATUS

Vigency Notes Summary

TITLE I.

GENERAL PROVISIONS FOR TRANSPORT modes

CHAPTER I.

GOALS

ARTICLE 1o. This law aims to unify the principles and criteria that will serve as the basis for the regulation and regulation of Air, Maritime, Inland, Ferreo, Mass and Land and its operation in the National Territory, in accordance with Law 105 of 1993, and with the rules that modify or replace it.

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ARTICLE 2o. Security, especially related to the protection of users, is an essential priority in the activity of the Sector and the Transport System.

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ARTICLE 3o. For the relevant purposes, in the regulation of public transport the competent authorities shall require and verify the safety, comfort and accessibility conditions required for ensure that the inhabitants are effectively provided with the basic service and other levels which are established within each mode, giving priority to the use of mass transport. In any event, the State shall regulate and monitor the transport industry in the terms provided for in Articles 333 and 334 of the Political Constitution.

CHAPTER II.

PRINCIPLES AND NATURE

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ARTICLE 4. The transport will enjoy the special state protection and will be subject to the conditions and benefits established by the regulatory provisions of the matter, which will be included in the Plan National of Development, and as a public service it will continue under the direction, regulation and control of the State, without prejudice to the fact that its benefit can be entrusted to the private individuals.

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ARTICLE 5o. The nature of the essential public service under the State regulation that the law grants to the operation of the public transport companies, will imply the prelation of the general interest on the In particular, in particular as regards the guarantee of the provision of the service and the protection of users, in accordance with the rights and obligations laid down in the Regulation for each mode.

The private transport service is the one that tends to meet the needs of mobilizing people or things, within the scope of the exclusive activities of natural and/or legal persons. In this case, their own equipment must comply with the regulations established by the Ministry of Transport. Where own equipment is not used, the procurement of the transport service shall be carried out with legally-qualified public transport undertakings in the terms of this Statute.

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ARTICLE 6o. By means of transport you understand an organized set of operations to carry out the transfer of persons or things, separately or jointly, from one place to another, using one or more Modes, in accordance with the authorisations issued by the competent authorities based on the National Government Regulations.

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ARTICLE 7o. To execute national or international Multimodal Transport operations, the Multimodal Transport Operator must be previously registered in the Register which for the purpose establishes the Ministry of Transport. In order to obtain this registration, the applicant must demonstrate compliance with the requirements, related to the quality of the mode of transport, with the capital, agents and representatives, insurance coverage of civil liability and other required by regulatory standards.

The agents or representatives in Colombia of Foreign Multimodal Transportation Operators will respond in solidarity with their representatives or agenciados for the fulfillment of the obligations and the sanctions applicable to them. Ministry of Transport.

In any case, the regulations referred to in this Article shall be subject to the international norms adopted by the country and which regulate the matter.

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ARTICLE 8o. Under the Supreme Directorate and Administrative Tutela of the National Government through the Ministry of Transportation, the authorities that make up the Sector and the Transportation System will be responsible for the organisation, surveillance and control of the transport activity within its jurisdiction and shall carry out its duties on the basis of the criteria for collaboration and harmony of its membership in the State order. Likewise, the Ministry of Transport will regulate everything relevant to the tourist transport referred to in Law 300 of 1996.

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CHAPTER III.

CREATING AND RUNNING PUBLIC TRANSPORT COMPANIES

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ARTICLE 9o. The public transport service within the country has a national scope and will be provided by companies, natural or legal persons, legally constituted in accordance with the provisions of the colombian and duly authorised by the competent transport authority.

The provision of the public service of international transport, to more than the applicable national rules, shall be governed in accordance with the Treaties, Conventions, Agreements and practices, concluded or hosted by the country for that purpose.

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ARTICLE 10. For the purposes of this Law, the natural or legal person constituted as a unit of permanent economic exploitation with the equipment is understood by the operator or transport undertaking. appropriate facilities and administrative bodies to carry out the transfer from one place to another of persons or things, or of each other together.

PARAGRAFO. The constitution of the legal person referred to in this Article shall not require prior authorization from the State.

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ARTICLE 11. Companies interested in providing the public transport service or incorporated for that purpose shall request and obtain Enablement to operate.

The Enabling, for the purposes of this Law, is the authorization issued by the competent authority in each mode of transport for the provision of the public transport service.

The National Government will set the conditions for the granting of the Enablement, in terms of organization and economic and technical capacity, will also point out the requirements that must be credited by the operators, such as financial statements duly certified, proof of the existence of the subscribed and paid capital, and gross equity, verification of the origin of the capital, contributed by the partners, owners or shareholders, ownership, possession or linkage of equipment of transport, safety factors, scope of operation and needs of the service.

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National Government will have six (6) months from the current law, to regulate the rating of each mode of transport, and the public transport service that is licensed to operate will have eighteen (18) months from the regulations to benefit from it

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ARTICLE 12. Under the development of the above Article, for the purposes of the conditions on organization, account shall be taken, inter alia, of the structure established for the management and company administration, the human resource selection systems and the availability of the appropriate facilities for its operation.

For the purposes of technical conditions, account shall be taken, inter alia, of the specialized preparation of those responsible for the administration and operation of the undertaking, as well as the technical advances used for the provision of of the service.

For the purpose of security conditions, consideration will be given, among others, to the implementation of programs for the replacement, revision and maintenance of equipment, fuel supply systems, and protection mechanisms. passengers and cargo.

For the purposes of the conditions relating to the financial capacity and the origin of the resources, account shall be taken, inter alia, of the latest income statements and current and former duly certified financial statements, confronting the capital paid, net worth and gross capital, the required financial analyses, as well as the other mechanisms established by the existing provisions to verify the origin of the capital invested.

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ARTICLE 13. Enablement is non-transferable to any title. Consequently, the beneficiaries of the measure may not conclude or carry out any act which, in any way, implies that the transport activity is carried out by a person other than the one originally granted it, except for Oral succession.

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ARTICLE 14. The competent authority of each Mode shall have ninety (90) days from the date of the application for the rating to verify compliance with the required requirements and to decide on it. The Enabling shall be granted by means of a reasoned resolution specifying the characteristics of the undertaking and the service to be provided. The authorisation shall be granted under the same name invoked by the persons concerned since the beginning of the administrative action and any change or change to that name may be made only with the prior permission of the competent authority, which must be recorded in the names and distinguishing marks of the undertakings.

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ARTICLE 15. The enablement will be indefinite, while the conditions originally required for granting it in compliance with the minimum requirements laid down by the provisions remain. relevant.

The competent authority may, at any time of its own motion or at the request of a party, verify its compliance.

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CHAPTER IV.

OF SERVICE PROVISION

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ARTICLE 16. Pursuant to what is set by Article 3or. numeral 7o.  of Law 105 of 1993, without prejudice to the provisions of Treaties, Agreements or Conventions of an international nature, the provision of the public transport service shall be subject to the enabling and issuing of a permit or the conclusion of a the contract of concession or operation, depending on the routes, schedules or frequencies of dispatch, or areas of operation, special transport services, such as: school, employees, tourism and occasional.

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ARTICLE 17. The permit for the provision of the service in areas of operation, routes and schedules or frequencies of dispatch, shall be subject to the conditions of regulation or freedom that for its provision set out in the relevant Regulations. In the case of existing or potential passenger transport, as the case may be, to take the necessary measures to meet the needs of mobilisation.

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ARTICLE 18. The permit for the provision of the public transport service is revocable and non-transferable, and requires your beneficiary to comply with the conditions under the conditions set out in the rules.

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ARTICLE 19. The permit for the provision of the public transport service shall be granted by means of a competition in which the free competition and the private initiative on the 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, the permit may be granted directly along with the enablement to operate as a transport company.

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ARTICLE 20. The competent authority of transport may issue special and transitional permits to overcome specific situations of public service disruption caused by a transport company in any of its Modes, which affect the provision of the service, or to satisfy the occurrence of occasional transport demands.

The situations mentioned above, the transitional permits will cease in their validity and the service will be subject to the conditions normally established or authorized, as the case may be.

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ARTICLE 21. The provision of the public transport service at the various levels and modalities may be agreed by the conclusion of concession contracts awarded under Public Tender, in compliance with for this purpose the procedures and conditions laid down in the General Staff Regulations of Public Administration. The opening of the Public Tender may not be ordered without the existence of an unmet demand for mobilisation having been established.

In any case, the National Government through the Ministry of Transport must include rules that guarantee competition and avoid a monopoly.

The provisions of the first paragraph shall also apply where the particular initiative jointly proposes the construction of the transport infrastructure and the provision of the service, or the implementation of a mass transit system.

In any case, the user will be guaranteed alternative forms of transportation for their mobilization.

CHAPTER V.

TEAMS

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ARTICLE 22. Every public transportation service company will have the authorized carrying capacity to attend the delivery of the services awarded. In accordance with each mode of transport, the Regulation will determine the way in which the equipment is linked to the undertakings, indicating the percentage of their ownership and the alternative ways of complying and proving the same.

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ARTICLE 23. Companies entitled to the provision of the public transport service may do so only with equipment registered or registered for that service, previously registered or registered for the service, previously approved with the Ministry of Transport, its entities attached, linked or in a coordination relationship and which comply with the technical specifications and requirements according to the infrastructure of each of the transport.

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

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ARTICLE 25. Persons who are engaged in the importation, manufacture and assembly of equipment, or of their components, for public and private transport must register with the entities to which they are refers to Article twenty-three in accordance with the conditions outlined for that purpose.

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ARTICLE 26. Any equipment intended for public transport must have the documents required by the relevant provisions to provide the service concerned.

Transport equipment which temporarily enters the country for use other than the public service, shall have a special identification, shall be treated as a temporary importation and must be re-exported within the time limit specified by the Commission. competent authority.

CHAPTER VI.

TRANSPORT-RELATED SERVICES

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ARTICLE 27. It is considered as services related to the public transport that are provided in the Terminals, Secos Ports, airports, Ports or Nodes and Stations, according to the corresponding mode of transport.

The designs for the construction and operation of the facilities where the services referred to in the previous paragraph will operate, will provide for the establishment of appropriate systems or mechanisms for the displacement of the disabled physical.

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ARTICLE 28. The control and surveillance exercised by the Ministry of Transport on the services referred to in the previous Article is understood only with respect to the operation, in general, of the activity conveyor.

CHAPTER VII.

RATES

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ARTICLE 29. In its governing and guiding condition of the Sector and the National Transportation System, it is up to the National Government through the Ministry of Transport to formulate the policy and fix the criteria to be taken into account for the direct, controlled or free fixing of the rates in each of the transport modes.

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ARTICLE 30. In accordance with the provisions of the previous Article, the competent authorities, as the case may be, shall draw up the cost studies that will serve as the basis for the establishment of the tariffs, without prejudice to the provisions of the Treaties, Agreements, Conventions, Conferences or International Practices on the tariff regime for a particular mode of transport.

CHAPTER VIII.

SECURITY

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ARTICLE 31. Equipment intended for the public transport service in any manner shall comply with the conditions of weight, dimensions, capacity, comfort, graphic or electronic speed control maximum, control of environmental pollution, and other technical specifications, in accordance with the provisions of the respective Regulation, for the purposes of the relevant type-approval.

PARAGRAFO. For reasons of road safety, the new National Code of Land Transit must stipulate, develop and regulate the obligation of technical technical review vehicles in public and private transport and with such objective to adopt a National Policy of Automotive Diagnostic Centers.

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ARTICLE 32. Within the indication of the technical conditions required for the approval of the equipment intended for the provision of the public transport service, priority shall be given to the factors The Commission has been able to verify the safety mechanisms in the operation thereof, the environmental control options and the conditions of ease for the mobilization of the physical disabled.

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ARTICLE 33. The National Government through the Ministry of Transport and other competent authorities on the matter, will establish rules and develop programs that tend to be effective quality checks on parts, spare parts and other components of equipment intended for public and private transport.

The importers, producers and traders of such equipment shall register their products with the determination of their useful life, laboratory and measurement tests to certify their resistance, issued by the competent authority.

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ARTICLE 34. Public transport companies are obliged to monitor and verify that the drivers of their equipment have the current and appropriate Driving License for the service, as well as their membership of the social security system as provided for in the relevant legal provisions. The violation of the provisions of this Article will carry the corresponding sanctions.

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ARTICLE 35. Within the structure of the Ministry of Transport, create the General Security Directorate in order to support the administrative and operational functioning of the Police Corps. Transportation and Transit, develop preventive medicine programs and execute training programs and studies on such subjects.

The transport companies must develop through the Institute of Social Insurance or the authorized E.P.S., the preventive medicine programs established by the Ministry of Transport, in order to guarantee the mental fitness and the physical operators of the service providers of the service.

Public transport companies should develop training programs through the SENA or specialized entities, authorized by the Ministry of Transportation, to all the operators of the equipment destined for the service. public, in order to ensure the efficiency and technification of operators.

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The specialized body referred to in the first paragraph of this Article will be composed of members of the National Police and will initially continue to operate for the Automotive Land Transportation, and when the circumstances warrant it, it will be extend to the other modes for which the corresponding administrative and budgetary measures are to be taken.

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ARTICLE 36. The drivers of the equipment intended for the public transport service will be hired directly by the transport operator, who for all intents and purposes will be jointly and severally with the owner of the team.

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The working day of those in charge of driving and operating equipment for the public transport service shall be that established in the corresponding labor and special rules.

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ARTICLE 37. The Banking Superintendence shall take the necessary measures to ensure that the Insurance Companies grant the policies referred to in the previous Article without any compensation different to the payment of the respective premium.

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ARTICLE 38. The equipment intended for the provision of the public transport service must meet the technical-mechanical conditions established for its operation, a circumstance which will be presumed with the the acquisition of legally required insurance, without prejudice to the fact that the competent authorities order their periodic review or for certain cases.

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ARTICLE 39. For the purposes of assessing the conditions of the country's infrastructure or to overcome specific situations of material damage that threaten the use of the same, the Ministry of Transport may adopt separate or jointly with the Entities that make up the National Transportation System, technical, administrative or budgetary measures that temporarily or definitely lead to the preservation or restoration of normalcy.

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ARTICLE 40. 24 of Law 1702 of 2013 >

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ARTICLE 41. 24 of Law 1702 of 2013 >

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ARTICLE 42. 24 of Law 1702 of 2013 >

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