Key Benefits:
LAW 1702 OF 2013
(December 27)
Official Journal No. 49.016 of 27 December 2013
CONGRESS OF THE REPUBLIC
By which the national road safety agency is created and other provisions are dictated.
COLOMBIA CONGRESS
DECRETA:
NATIONAL ROAD SAFETY AGENCY.
ARTICLE 1o. CREATION OF THE NATIONAL ROAD SAFETY AGENCY. Create the Special Administrative Unit called the National Road Safety Agency (ANSV), a decentralized entity, of the national order, which is part of the Executive Branch, with people legal, administrative autonomy, financial and own assets, attached to the Ministry of Transport.
ARTICLE 2o. AUTHORITY. The National Road Safety Agency (ANSV) is the highest authority for the implementation of national road safety policies and measures. Coordinates public and private bodies and entities committed to road safety and implements the Government's road safety action plan; its mission is to prevent and reduce traffic accidents.
ARTICLE 3o. OBJECT. The National Agency for Road Safety (ANSV) will have as its object the planning, articulation and management of the country's road safety. It will be the institutional and coordination support for the implementation, monitoring and control of strategies, plans and actions aimed at meeting the objectives of the National Government's road safety policies throughout the national territory.
ARTICLE 4. LEGAL, ADMINISTRATIVE REGIME. The unilateral acts issued by the National Agency for Road Safety are administrative acts and are subject to the provisions of the Administrative Procedure Code and Administrative Contentious.
ARTICLE 5o. DEFINITIONS. For the application of this law, the following definitions shall be taken into account:
Safety. Understand for road safety the set of actions and policies aimed at preventing, controlling and reducing the risk of death or injury of people on their journeys either in motorised or non-motorised means. This is a multi-disciplinary approach to measures which take part in all the factors contributing to road traffic accidents, from the design of road and road equipment, the maintenance of road infrastructure, the transport of road traffic, the traffic regulation, vehicle design and elements of active and passive protection, vehicle inspection, driver training and driver regulations, education and information of road users, supervision police and sanctions, institutional management to the attention of the victims.
National Road Safety Plan. It will be a plan, based on the diagnosis of the accidents and the functioning of the country's road safety systems. It shall determine objectives, actions and timetables, in order to conclude the multi-sectoral action aimed at reducing casualties from traffic accidents. The National Road Safety Agency (ANSV) will be the body responsible for the process of elaboration, planning, coordination and monitoring of the National Road Safety Plan, which will remain in force until the law is passed and a new law is enacted. National Road Safety Plan.
Prevention Campaigns. Decided attempts to inform, persuade, or motivate people to change their beliefs and/or behaviors to improve road safety in general or in a specific and well-defined large public, typically within a period of time. determined by means of organized communication activities involving specific channels of media with the support of interpersonal and other support actions such as the activities of police forces, education, legislation, increased personal commitment, rewards, among others.
ARTICLE 6o. HOME. The National Agency for Road Safety (ANSV) will have as its main address the city of Bogota, D. C.
ARTICLE 7o. NATIONAL ROAD SAFETY FUND. Create the National Road Safety Fund as a special account of the Nation National Agency for Road Safety, without legal status, or administrative structure, with patrimonial independence, administrative, accounting and statistics to finance the operation and investment of the National Road Safety Agency, which replaces the Road Prevention Fund created by Article 244 of Law 100 of 1993, the settlement of which is ordered in accordance with this law.
The National Road Safety Fund will be integrated with resources corresponding to three percent (3%) of premiums collected by insurance companies operating the compulsory body damage insurance caused to people in accidents. -SOAT.
The Agency will define what is related to the spins by the insurers.
The National Road Safety Fund will operate under the dependency, guidance and coordination of the National Road Safety Agency, which will only be able to allocate up to one third of the Fund's resources for its operation.
The Director General of the National Road Safety Agency will be the computer for the expenditure of the resources of the National Road Safety Fund.
PARAGRAFO. The resources of the National Road Safety Fund will be administered by a Fiduciary; with whom the National Road Safety Agency will subscribe to the respective contract.
The autonomous patrimony that will be constituted will execute the resources solely and exclusively for the purpose and functions assigned to the National Agency of Road Safety that will operate in contractual matter under rules and rules of the private law observing in all the principles contained in Articles 209 and 267 of the National Constitution.
ARTICLE 8o. HERITAGE. The heritage of the National Road Safety Agency (ANSV) shall consist of:
1. The items assigned to you within the General Budget of the Nation
2. The resources it receives in the form of donations, legacies and assignments of natural or legal persons or foreign nationals, governments or foreign governmental entities, international organizations or organizations of any kind local, national or international.
3. Resources which are received through agreements from public or private entities for the development of the Agency's programmes or their operation.
4. The assets to be acquired by the Agency for any title.
5. Funds from services provided to third parties.
6. The resources of the National Road Safety Fund, corresponding to 3% of the premiums collected by insurance companies operating the compulsory insurance for bodily harm caused to persons in traffic accidents-SOAT
7. The financial returns obtained from their own resources.
8. The assets under which the Road Prevention Fund is created by Article 244 of Law 100 of 1993 at the time that the Fund is liquidated.
9. The contributions of any kind from international cooperation resources to the fulfillment of the goal of the ANSV.
10. The others you receive in development of your object.
ARTICLE 9o. FUNTIONS. The National Road Safety Agency (ANSV) shall perform the following functions:
1. Planning
1.1 Be the inter-institutional support and the body responsible within the National Government for the planning, management, implementation, monitoring and control of strategies, plans and actions aimed at fulfilling road safety policies throughout the country.
1.2 Design and enact on behalf of the National Government the National Multi-Annual Road Safety Plan, with review every two (2) years.
1.3 Develop the road safety strategy supported by horizontal intergovernmental cooperation and vertical coordination of national, regional and local activity, generating the necessary alliances with professional, business and social sectors.
1.4 Coordinate and administer the National Road Safety Observatory, which will function in the design and implementation of the methodology for data collection, processing, analysis and interpretation related to road safety in Colombia.
1.5 Serving as a consultant to the National Government and Local and Regional Governments for the proper implementation of road safety policies, instruments and tools within the framework of the National Plan and Local and Regional Road Safety Plans.
1.6 Collect, process, analyze and interpret all necessary information on the topic of road safety, allow the development of research on causes and circumstances of road accidents to plan, execute and evaluate the road safety policy.
2. Regulatory
2.1 Submit to the National Government through the Ministry of Transport legislative (legislative and regulatory) initiatives relating to Transit with an impact on road safety, based on the evaluation of the existing normativity.
2.2 Evaluate the effectiveness of regulatory standards associated with road safety and promote their modification, update, or repeal, where appropriate; if they are of legal order, they will be proposed to the Ministry of Transportation to be submitted for consideration by the Congress of the Republic.
2.3 Define with the technical support of INVIAS and the ANI, within a period not greater than one (1) year after the enactment of this law, a manual of protection elements for the country's roads, obeying technical criteria related to the conditions and category of the path.
2.4 Define a strategy, no more than two hundred and forty (240) days after the sanction of this law, for the most vulnerable actors in transit, call pedestrians, motorcyclists, cyclists and passengers of the public transport service in the higher risk road infrastructure, call the trunk and main roads in the cities and throughout the national network of primary and concessionary roads, double-heated.
2.5 Define within a period of not more than one hundred and eighty (180) days after the enactment of this law, the obligations that in terms of road safety will correspond to the transit agencies according to their categorisation and the type of transit services that they can offer, which each of these bodies will have to fulfil in order to maintain their rating and operation. The Superintendence of Ports and Transport will maintain its oversight function on them.
2.6 Define, with the Ministries of Transport, Trade and External Relations, the agenda for the development of technical regulations for equipment and vehicles in terms of safety elements, as well as establishing the the conditions for participation in the international standardisation bodies and the assessment of the conformity of these elements within six (6) months following the enactment of this law.
2.7 Define, within the framework of the fundamental right to free movement, the necessary regulations, actions and requirements in road safety to be adopted for the reduction of traffic accidents in the national territory.
2.8 Define the general content of courses on traffic rules for offenders.
3. Information
3.1 Develop, comment on and promote technological and information mechanisms to model and investigate the causes and circumstances of road accidents, to support planning, preparation, execution and evaluation of road safety policies.
3.2 Use, evaluate and process information that produces and manages public and private entities that perform public functions and/or operators of traffic violation control systems such as to propose to the Ministry of Transport the adoption of policies and the updating and modification of rules that contribute to road safety, and/or to request the intervention of the Superintendence of Ports and Transport.
3.3 Be the institutional body of information for citizens and the general public of all measures taken by the Government in the field of road safety.
3.4 Develop, encourage research into the causes and circumstances of road accidents through the National Road Safety Observatory, to support planning, preparation, execution and evaluation of road safety policies. Any technical investigation into traffic accidents involving, ordering or directly carrying out public or private entities shall be sent in copy to the National Road Safety Agency for the purpose of making recommendations to the improvement or mitigation of the identified risks. The technical investigation of traffic accidents in the national territory shall be considered to be of public interest.
3.5 Design and implement a system for measuring road safety indicators, in accordance with the methodology defined and used by international bodies in the field, which would feed back the design of the policies, and report on progress and achievements through the National Road Safety Observatory.
3.6 Represent the National Government in international academic activities and scenarios and with multilateral organizations in relation to the promotion of road safety.
4. Control
4.1. Define strategies for monitoring compliance with transit rules and coordinate cross-sectoral actions in this field.
4.2 Design, coordinate and adopt with the National Police and other competent authorities, the priorities and action plans for surveillance and control of traffic rules and road safety throughout the territory National.
4.3 Coordinate and implement with the competent public entities, the mechanisms to request the information that it deems appropriate to periodically evaluate the compliance with the safety standards vial.
4.4 Implement strategies and design measures and instruments to improve the effectiveness of the sanctioning system in the field of traffic violations, seeking to reduce impunity against them, which is seen as directly reflected in road accidents, which must contain the application to the Superintendence of Ports and Transport of suspension of the authorization of the transit or support agencies that incur in bad practices or driving license by recidivism.
The Ministry of Transportation will regulate how this function will be performed.
4.5 Formulate, for adoption by the Ministry of Education and the Ministry of Transport, the policy of education in the field of road safety, and establish the contents, methodologies, mechanisms and goals for its execution, along all levels of training.
4.6 Define the evaluation criteria and modifications that are necessary from the road safety point of view, to update the rules and conditions in the academic training and the realization of the physical assessment and theoretical and practical knowledge tests, which must be met by the applicants for a driving licence or revalidation or revalidation of a driving licence.
4.7 Promote the implementation and use of information and telecommunications technologies (ICT) in order to generate solutions that will lead to the effectiveness and competitiveness of road safety policies.
4.8 Define and regulate policy on automatic and semi-automatic systems of control and enforcement of these traffic violations.
4.9 Reglamenting the training requirements to be met by the officials of the Transit Agencies in technical and legal aspects that guarantee the legality of the contravening processes that are applied in the development of their functions.
5. Awareness and education campaigns
5.1 Conduct information, training, and road safety awareness campaigns for the country.
5.2 Promote training instances and/or train national and local technicians and officials whose performance is linked or can be linked to road safety.
5.3 Promote and support the knowledge of road safety in the training of professionals, in such a way that the involvement of specialized professionals in road safety for design and construction can be demanded of road infrastructure projects.
5.4 Define, in accordance with the provisions of the National Transit Code, the contents that in terms of road safety, devices and behavior, must contain information to the public for new vehicles are sold in the country and must be carried by the owner's manuals.
5.5 Coordinate with the Ministry of Education the design and implementation of the content and methodologies of road education, in the terms laid out by Law 1503 of 2011.
6. Infrastructure
6.1 Promote the design and implementation of infrastructure road safety assessment systems, through audits or road safety inspections.
6.2 Define the conditions for conformation of the local, departmental, and national inventory of the transit signals by the authorities of those same orders, who will be required to supply and maintain updated this information.
7. Coordination and consultation
7.1 Coordinate, articulate and support the actions of the different Ministries to ensure consistency and alignment with the National Road Safety Plan.
7.2 Artistic actions with territorial entities to ensure consistency and alignment with the National Road Safety Plan.
7.3 Promote, through consultation and participation, the collaboration of economic, social and academic actors involved in road safety policy.
7.4 Formulate performance indicators for all road safety actors in the country focused on the effective decrease in mortality and morbidity figures in traffic accidents.
7.5 Submit an annual report on the performance of road safety performance indicators in the country to the Congress of the Republic and publish it in written journals of wide circulation and on its website, to more take the last day of the month of June of the following year.
7.6 Coordinate with the Ministry of Health and Social Protection the creation of a program or system of care for victims in traffic accidents from the resources of the sub-account of catastrophic diseases and traffic accidents-ECAT-.
8. Consultants
8.1 Issue concept with respect to any draft national or territorial authority whose application may have relationship or implications with road safety.
8.2 Propose and agree minimum active and passive safety conditions for the approval of motor vehicles by the competent authority, in accordance with international technical regulations that in each case they apply, as well as the conditions of verification by the Ministries of Industry, Commerce and Tourism.
8.3 Promote, through consultation and participation, the collaboration of the industrial, business, social and academic sectors involved in road safety policy. The consultation and participation of these sectors will be mandatory and will be effective both as a call for the National Road Safety Agency and at the request of the National Agency for Road Safety.
9. Other
9.1 Promote the development of public or private quality control institutions and authorities that permanently evaluate products that are used in road safety in the equipment of vehicles, the protection of infrastructure, technological aid and the protection of drivers and passengers.
9.2 Manage your own financing and possible additional resources.
9.3 The others that are assigned to you by the law or are required for the normal operation of the National Road Safety Agency (ANSV).
ORGANIZATION AND STRUCTURE OF THE NATIONAL ROAD SAFETY AGENCY (ANSV).
ARTICLE 10. Structure. The National Road Safety Agency (ANSV) shall have the following structure for the performance of its object and functions:
1. Board of Directors
2. General Address
3. General Secretariat
4. Behavior Address
5. Infrastructure and Vehicle Management
6. Directorate for Inter-institutional Coordination
7. Address of the National Road Safety Observatory
ARTICLE 11. MANAGEMENT AND ADMINISTRATION BODIES. The Directorate and Administration of the ANSV will be in charge of the Board of Directors and of the Director General, who will be free to appoint and remove the President of the Republic and who will act as a representative. legal.
ARTICLE 12. INTEGRATION OF THE BOARD OF DIRECTORS. The Board of Directors of the National Road Safety Agency (ANSV) shall be composed of the following members:
Board of Directors.
1. The Secretary General of the Presidency of the Republic, who will chair him.
2. The Minister of Transport, or his delegate.
3. The Minister of Health, or his delegate.
4. The Minister of Education, or his delegate.
5. The Deputy Minister of Transport.
6. The Director of National Planning.
7. The Director of the Transit and Transportation Police.
8. A Governor.
9. A Mayor.
PARAGRAFO 1o. Ministers may only delegate to the respective Deputy Ministers their representation in the meetings of the Board of Directors, with the exception of the Deputy Minister of Transport.
PARAGRAFO 2o. To the meetings of the Board of Directors, the Director General of the National Road Safety Agency (ANSV), who will act as the Secretary of the Council, will attend, in a voice but without a vote.
PARAGRAFO 3o. To the meetings of the Board of Directors, other public servants may participate, which the Board of Directors or the Director General determine, when the topics to be addressed require, they will participate with voice but without vote.
PARAGRAFO 4o. The Board of Directors shall meet at least once a month, on the date to be convened by the Director General of the National Road Safety Agency, and may meet in an extraordinary manner, when its members request it.
PARAGRAFO 5o. The elected Governor and Mayor will be for maximum periods of two (2) years.
ARTICLE 13. DIRECTOR OF THE AGENCY. The Directorate of the National Road Safety Agency (ANSV) will be in charge of its Director General, who will be appointed by the President of the Republic.
The Director of the National Road Safety Agency is the visible head of the discourse and objectives of the road safety policy, he is the main interlocutor with civil society, the administrations and the organs of the State involved, for to promote cooperation and coordination in all matters relating to road safety.
ARTICLE 14. FUNCTIONS FOR THE BOARD OF DIRECTORS AND THE DIRECTOR OF THE NATIONAL ROAD SAFETY AGENCY. In accordance with the provisions of Article 76 of Law 489 of 1998, and the other concordant laws, the Government National regulations within a period of not more than one hundred and twenty (120) days from the approval of this law, the functions of the Board of Directors and the Director of the Agency, as well as the other aspects related to the operation and operation of the same.
ARTICLE 15. COMMITTEES, COUNCILS AND COMMITTEES. The following Councils and Committees shall be established as instruments of support and facilitators of the Agency's activities:
15.1 Inter-ministerial Commissions: The Board of Directors will be able to create the inter-ministerial commissions it requires to resolve specific issues that are defined and to plan the projects of cross-sector action that Consider the National Road Safety Plan. These commissions will be attended by representatives of the Ministries directly related to the specific subject to be resolved.
These inter-ministerial commissions will be of a temporary nature and will work only for the period of time defined by the Board of Directors, which will be necessary to resolve the issue in question.
15.2 The Territorial Council of Road Safety will be of permanent character, and will be the area of territorial concertation and agreement of the road safety policy of the Republic of Colombia.
It will be integrated by:
-The Governor of the department or its delegate.
-A representative of the Deputy Minister of Transport.
-A delegate from the National Road Safety Agency (ANSV)
-The Commander of the National Police Transit and Transport Directorate
-The mayor of the capital of the department or its delegate and four (4) mayors of municipalities of the department or their delegates. Two (2) of the mayors will be nominated by the Colombian Federation of Municipalities and the remaining two (2) according to the regulations that the Ministry of Transport will issue.
PARAGRAFO 1o. The representation of the Municipalities and the Department will correspond exclusively to the first Transit and Transportation Authority of each of them respectively.
PARAGRAFO 2o. The representation of the Metropolitan Area Director will be during the permanence of your period.
15.3 Operating Committee. The National Road Safety Agency (ANSV) shall be assisted by an Operational Committee, which shall have the task of coordinating operations or the implementation of regular or contingent measures on Road Safety on the country's roads.
It will be made up of representatives from the Ministry of Transport, the National Police, the National Infrastructure Agency, and the National Institute of Road-Inways.
15.4 Road Safety Advisory Board. The Road Safety Advisory Board shall be an advisory and publicprivate participation body in which the representatives of all the social partners, in particular representatives of the victims, of the various groups of persons, are members. users, economic operators in the automotive assembly sector, transit authorities, support body and academic experts in road safety. Its role is to inform road safety plans and strategies, propose actions, discuss proposals and achieve commitment and alignment with these public-private sectors in national road safety objectives and strategies.
PARAGRAFO 1o. They will be permanently assisted by the president of the Federation of Colombian Insurers, Fasecolda, or his delegate, and the chairman of the committee representing the technical chapter of transit authorities or your delegate.
PARAGRAFO 2o. Each of the social and economic agents, transit authorities, and support agency statements shall elect one (1) delegate to the Advisory Council.
ARTICLE 16. NATIONAL ROAD SAFETY OBSERVATORY. The National Road Safety Observatory will be part of the administrative structure of the National Road Safety Agency (ANSV). It will have the main function of supporting the National Security Agency. Vial in the planning and evaluation of the policy, plans and strategies of road safety by means of diagnosis, analysis and research. The functions of the National Road Safety Agency (ANSV) related to the management and management of information will be developed through the National Road Safety Observatory.
PARAGRAFO. The representatives of the automotive public transport associations, will be invited to the sessions in which figures are disclosed regarding each modality in the proportion or number of delegates that determine the Director General of the National Road Safety Agency. In the same way, there will be representatives of automotive land transport other than public transport.
ARTICLE 17. CAMPAIGN EFFECTIVENESS MONITORING. The road safety, information, training and awareness campaigns in road safety, technical studies for the quality of the protection elements provided for in the National Road Safety Plan and in the plans and strategies to be developed, they will be monitored and evaluated by the National Road Safety Observatory to determine their effectiveness and/or need for adjustment by the National Road Safety Agency. (ANSV).
ARTICLE 18. AGENCY ACCESS TO PUBLIC RECORDS. The National Road Safety Agency (ANSV), as the country's national road safety authority, may have free access to all public records, databases, or information, which is handled by public or private entities, and which requires for the due exercise of its functions, in particular those of its National Road Safety Observatory. The information provided must be complete and allow for the individualisation of each record.
The Agency, for its part, must ensure the reservation and security of information and documents that come to know in development as provided for in this article and its use for its missionary functions.
OTHER PROVISIONS CORRECT THE NUMBERING OF THE FAULTS FOR NOT BEING CONSECUTIVE, IT INCORPORATES THE NEW FAULT THAT WAS INCORPORATED AS PROPOSITION IN THE SECOND DEBATE OF CHAMBER AS NUMERAL 19 AND INCLUDES THE REFERENCE TO THE NUMERAL 19 FOR THE PURPOSE OF RECIDIVISM AND AS A NON-APPLICABLE TO THE TRANSIT AGENCIES.
ARTICLE 19. GROUNDS FOR SUSPENSION AND CANCELLATION OF THE RATING OF SUPPORT AND TRANSIT AGENCIES. The suspension and cancellation of the approval of the support agencies by the authority which granted it or by its superior shall be cancelled. immediate when any of the following faults are incurred:
1. Do not maintain all of the conditions of the enablement, not obtain the quality certifications or to temporarily lose any of the requirements prior to the enablement.
2. When your activity or omission has put at risk or caused damage to persons and/or property.
3. Where the performance of their employees during the service in crime against the Public Administration and these actions have not been the subject of internal control of the body, all the functions of the entity shall be understood to be public, for administrative, tax, disciplinary and criminal effects.
4. Alter or modify the information reported to the RUNT or put this information at risk.
5. Issue certificates in unauthorized categories or services.
6. To provide third parties with documents, equipment or implements intended for the service or to permit the use of such documents by third parties.
7. Refrain from unjustifiably providing the service.
8. Issue certificates without user appearance.
9. To link personnel who do not meet the required academic and experience training requirements, when the documents presented are not true, replace the staff without notice to the Ministry of Transport or keep them in service during administrative, judicial or professional suspensions.
10. Report information from unauthorized sites or installations.
11. Do not make the mandatory reports and reports according to the particular point of the Ministry of Transport and the Superintendence of Ports Transport.
12. Alter the results obtained by the aspirants.
13. Do not report user certificate information in an unjustified manner.
14. Vary the fees without informing you publicly and previously at your premises and the Ministry of Transport. In this case, you will fine between 1 and 5 monthly minimum legal wages for each case.
15. To remain in service despite being in firm sanction of suspension of the habilitation. It will also fine between 50 and 100 statutory minimum monthly wages.
16. Refrain from reporting in writing to the competent authorities the inconsistencies that are presented in the information provided by the user or in the information received during the services.
17. Do not address the prohibition regime laid down in the laws and regulations.
18. Do not address the improvement plans that are pointed out by the control and surveillance authorities.
19. Permit the completion of transit procedures without the peace and except issued by the Integrated Information System of Multas and Sanctions for Infrared Transit.
The suspension may also be preemptively ordered when there has been an alteration of the service and the continuity of the service offers risk to the users or may facilitate the deletion or alteration of the evidentiary material for the research.
The suspension of the rating carries the suspension of the service to the user-which will have to announce publicly in its facilities-and the loss of the interconnection with the National Registry of Transit RUNT for each headquarters in which it has been The fault is not.
The cancellation will proceed in case of recidivism in any of the faults mentioned in the numerals 2, 4, 5, 6, 8, 10, 12, 14, 15 and 19 of this article. In firm the cancellation, it will have effects on all the offices of the agency, for which the closure of the establishments of commerce will be available. The natural or legal persons who have given rise to the cancellation, their associates and relatives up to the fourth degree of consanguinity, second of affinity and first civil, may not constitute new support agencies in any of their modalities or associate or make part of any title of authorised body during the following five (5) years.
The sanctioning procedure will be the one mentioned in the Administrative Code.
The commission of some of the faults mentioned in the numerals 2, 4, 5, 6, 7, 11, 14 and 19 of this article will be understood to be a lack of the transit agencies and will empower the Superintendence of Ports and Transport to intervene.
ARTICLE 20. DETERMINATION OF FEES FOR SERVICES PROVIDED BY THE SUPPORT AGENCIES. 30 of Law 1753 of 2015. The new text is as follows: > The Ministry of Transport shall define by resolution, within a period not exceeding ninety (90) days counted from the entry into force of this law, the conditions, safety features and the range In addition to the services provided by the Motor Vehicle, the Driver Recognition and Evaluation, the Automotive Diagnostics, and those carrying out the theoretical-practical test for the the collection of driving licences expressed in current minimum wages. A study of direct and indirect costs will be carried out considering the particularities, infrastructure and requirements of each service for the fixing of the tariff. For the determination of the values that for each service should be transferred to the National Road Safety Fund, the following procedure shall apply:
1. The value of the budget of the National Road Safety Agency shall be taken in the immediately preceding year, certified by the budget officer.
2. The number of services accumulated over the same period will be defined by the four (4) groups of support bodies (Car Centres, the Driver Recognition, the Automotive Diagnostics and those carrying out the test). theoretical-practice for obtaining driving licenses), dividing the value of the numeral precedent in the number of services.
3. The product of splitting the operation will be based on the individual calculation of each rate.
4. The final rate of each service shall correspond to the individual calculation multiplied by numerical factors less than one (1) depending on the membership of each user or their vehicle (in the case of the Automotive Diagnostics Centres). risk based on criteria such as age, type of license, vehicle class, service or others to estimate the risk of accident, taken on the basis of official statistics on deceased and injured persons. Factors will be increasing or decreasing depending on the largest or smaller share of accidents, respectively.
5. Once the value of the individual rate is defined, the rate will be accumulated to the rate value for each service.
In no case will the final rate to the user be able to exceed half (0.5) daily minimum wage in the rates charged by the Centers for the Recognition of Drivers, of Automotive Diagnostics and those who carry out the theoretical-practical test for obtaining driving licences and one (1) daily minimum wage in the Car Centres.
The corresponding percentage will be determined to be turned to the National Road Safety Fund and the part that will be allocated as remuneration for the support agencies that this article is dealing with.
PARAGRAFO 1o. The National Road Safety Agency, in charge of the resources referred to in this Article and the other revenue of the National Road Safety Fund, may support the transit authorities which require intervention based on their road safety indicators, as well as the National Police through agreements that will have as their object, both institutional strengthening actions, and preventive and control actions, including, when the use of detection devices for those traffic offences that they generate increased risk of accident.
PARAGRAFO 2o. The National Road Safety Agency will transfer to the National Institute of Legal Medicine and Forensic Sciences, one comma five (1.5) current statutory minimum wages (smmlv) for every medical necropsy The law, registered in the previous month for cause or for the occasion of traffic accidents, once referred to the information of deaths and injuries under the conditions of report set by the Ministry of Transport. The securities shall be intended for the financing of legal and information medical activities related to accidents and events of transit.
ARTICLE 21. TRANSITION REGIME. For the purpose of ensuring continuity in the provision of public services and the development of road safety related activities in the country that the Road Prevention Fund has been carrying out Under Article 244 of Law 100 of 1993, as regulated by Article 9 of Decree 3990 of 2007, the following transitional provisions are adopted:
1. The Fund, which deals with the numeral 1 of Article 244 of Law 100 of 1993, regulated by Article 9 of Decree 3990 of 2007, will retain its current competence and continue to exercise its functions. entrusted, for the purpose of ensuring continuity in the provision of the services to his office and bringing forward the delivery procedure to the National Road Safety Agency, until it is established as the trustee mechanism, which will be informed by the Ministry of Transport or the National Road Safety Agency.
2. The Ministry of Transport will have a maximum period of one hundred and eighty (180) days, following the enactment of this law, to carry out the necessary procedures leading to the creation of the National Road Safety Agency.
3. During the aforementioned period, the Ministry of Transport will provide the administrative and logistical support that requires the implementation and implementation of the National Road Safety Agency and, by virtue of this, it is expressly authorized for:
3.1 Adopt the procedure for the entry into operation of the National Road Safety Agency, which you must publish in the Official Journal
3.2 Subscribe on behalf of the National Road Safety Agency to the public trust contract for the management of the resources of the National Road Safety Fund, referred to in this law.
3.3 If the convenience studies so determine and in agreement with the Trustee, it will ask the fund to treat the numeral 1 of article 244 of the Law 100 of 1993, regulated by Article 9o of Decree 3990 of 2007, the cession of the current fiduciary order to the National Agency for Road Safety-National Road Safety Fund and to the Trustee.
4. Prepare the administrative acts required by the National Road Safety Agency for its entry into operation.
4.1 Adopt a procedure for the fund to treat the numeral 1 of article 244 of Act 100 of 1993, regulated by Article 9o of Decree 3990 of 2007, among other actions:
4.2 Transfer the resources caused and the securities that have been acquired from the resources referred to in the numbered article 244 of the Act 100 of 1993, as well as their the respective income, to the National Road Safety Fund, to which this law refers.
4.3 Deliver an administrative, budgetary, technical and legal balance sheet of the Road Prevention Fund.
4.4 The rights and obligations arising from the legal contracts and business required by the National Road Safety Agency shall be subrogated to ensure business continuity.
5. Transfer to the National Road Safety Agency, assets and assets acquired from its resources, once it has been made available for liabilities payable.
6. It shall be transferred to the National Road Safety Fund, the assets and assets acquired by the Road Prevention Fund through the mechanisms which it would have provided, with its own resources and after it has been incurred by those responsible for liabilities, in relation to contractual and work obligations acquired in advance of this law, as expenses inherent in its settlement process.
7. Implement the necessary measures to ensure that the legal contingencies of the fund that deals with the numeral 1 of article 244 of the Law 100 of 1993, regulated by article 9o of Decree 3390 of 2007, to the National Road Safety Agency, remain in the head of the current administrators and do not transfer, to any entity.
ARTICLE 22. REGULATION. The National Government shall have a period of no more than six (6) months to issue the Administrative Acts required for the regulation of this Law and to implement and implement the National Security Agency. Vial (ANSV).
ARTICLE 23. NATIONAL TRANSPORT COUNCIL (TAT) The functions that in the field of land transport correspond to the National Transportation Security Council created by the article 40 et seq. of Law 336 of 1996 will be exercised by the National Road Safety Agency.
It will be up to the Ministry of Transport to determine the dependency on the coordination of the Council as to the remaining modalities.
ARTICLE 24. VALIDITY AND REPEAL. This law governs from its enactment and repeals all provisions that are contrary to it. It modifies the relevant, the numeral 1 of the article 244 of the Act 100 of 1993 and the articles 40 to 42 of the Law 336 of 1996.
The President of the honorable Senate of the Republic,
JOHN FERNANDO CHRIST BUSTS.
The Secretary General of the honorable Senate of the Republic,
GREGORIO ELJACH PACHECO.
The President of the honorable House of Representatives,
HERNAN PENAGOS GIRALDO.
The Secretary General of the honorable House of Representatives,
JORGE HUMBERTO MANTILLA SERRANO.
COLOMBIA-NATIONAL GOVERNMENT
Publish and comply.
Dada en Bogotá, D. C., at December 27, 2013.
JUAN MANUEL SANTOS CALDERÓN
The Minister of Finance and Public Credit,
MAURICIO CÁRDENAS SANTAMARIA.
The Minister of Transport,
CECILIA ALVEZ-CORREA GLEN.
The Deputy Director of the Administrative Department of the Civil Service, in charge of the Office of the Director of the Administrative Department of the Civil Service,
MARIA TERESA RUSSELL GARCIA.
