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DECRECT N° 574

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF THE SALVADOR,

CONSIDERING:

I.- That by Legislative Decree No. 477, dated 19 October 1995, published in Official Gazette No. 212, Volume No. 329 of 16 November 1995, the Land Transport, Transit and Road Safety Act was issued.

II.- Let Art. 32 sub-paragraph 2 of the law referred to in the previous consideration, determines that the concession given in the area of public transport of passengers, by means of buses and microbuses of the service, may be transmitted only to the heirs of the transport lender, of any of the modalities described in that law, and the transfer of any concession by act between the living is prohibited.

III.- In spite of what was stated in the previous consideration, many operators of the public collective transport of passengers, through the granting of transport, have transferred in favor of third parties, the vehicles with which they provided such services, which has caused serious administrative and legal difficulties to the owners of these goods, if they cannot acquire the concession with such transfers and thus the prerogatives that those instruments give to the owners.

IV.- That in order to avoid the suspension of the collective passenger transport service, by the entrepreneurs in the previous circumstances, it becomes necessary to issue the relevant transitional provisions to allow the transfer of the concessions to the current owners of the vehicles linked to those legal instruments.

TANTO,

Juan Antonio Orestes

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Eduardo Ortíz Amaya, Silvia Estela Ostorga de Escobar, Benito Antonio Lara Fernández, Audelia Guadalupe López de Kleutgens, Guillermo Antonio Olivo Méndez, José Simón Paz, Mario Antonio Ponce López, Sergio Benigno Portillo Portillo, Norma Carolina Ramírez, Claudia Luz Ramírez García, David Ernesto Reyes Molina, Jackeline Noemí Rivera Ávalos, Lorenzo Rivas Echeverría

DECRETE: the following Transitional Provisions:

Art. 1.- Any legal person who is serving the public service of collective transport of passengers, by virtue of having been transferred to him any of the vehicles described in article 27 of the Law on Transit Ground Transport and Road Safety, linked to a concession, will have until April 16, 2014, to inform the Vice-Ministry of Transport.

Verified that it is the information referred to in the preceding paragraph, the Vice-Ministry of Transport, in order to avoid the suspension of the service, shall proceed to transfer the concession to the owner of the vehicle linked to the said legal instrument and to make modifications in the records that it may carry. In such cases the legal person shall acquire the concession in question, under the same conditions in which he was granted to his predecessor.

In the case of transfer of permits, such transfers will proceed when the purchaser is a concessionaire or permissionary. In such cases, the respective contract should be amended to incorporate the line linked to the acquired permit.

The provisions of this article shall also proceed in cases where the applicant is a natural person.

For the exercise of the above prerogatives, applicants must submit the documents by which they prove to be the holders of the vehicle concerned, as well as that the corresponding service is currently being provided.

Art. 2.- The procedures set out in the present decree will generate a rate of fifty dollars from the United States of America, for each vehicle that is transferred and which must be cancelled at the co-lection of the Vice-Minister of Transport.

Art. 3.- For the implementation of the provisions of this Decree, it shall not apply the provisions of Art. 133 of the Public Service Procurement and Contracts Act.

Art. 4.- This Decree shall enter into force on the day of its publication in the Official Journal.

DADO en EL SALON AZUL DEL PALACIO LEGISLATIVE: San Salvador, at the five days of December of the year two thousand thirteen.

OTHON SIGFRIDO MORALES,

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PRESIDENT.

ENRIQUE ALBERTO LUIS VALDEZ SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE, FIRST VICEPRESIDENT. SECOND VICEPRESIDENT.

JOSE FRANCISCO MERINO LOPEZ, FRANCISCO ROBERTO LORENZANA DURAN, TERCER VICEPRESIDENT. VICEPRESIDENT FOURTH.

CARLOS ARMANDO REYES RAMOS, QUINTO VICEPRESIDENT.

LORENA GUADALUPE PEÑA MENDOZA, MANUEL VICENTE MENJIVAR ESQUIVEL, FIRST SECRETARIAT. SECOND SECRETARY.

SANDRA MARLENE SALGADO GARCIA, JOSE RAFAEL MACHUCA ZELAYA, TERCERA SECRETARIA. SECRETARY FOURTH.

IRMA LOURDES PALACIOS VASQUEZ, ERNESTO ANGULO MILLA, QUINTA SECRETARIA. SECRETARY SIX.

FRANCISCO JOSE ZABLAH SAFIE, JOSE SERAFIN ORANTES RODRIGUEZ, SEPTIMO SECRETARIO. OCTAVO SECRETARY.

CASA PRESIDENCIAL: San Salvador, on the fifteenth day of January of the year two thousand fourteen.

PUBLIQUESE,

Carlos Mauricio Funes Cartagena, President of the Republic.

Gerson Martínez, Minister of Public Works, Transport and

Housing and Urban Development.

D. O. No. 9 Volume No. 402 Date: January 16, 2014

FNM/geg 19-02-2014

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PRORROGA:

D.L. No. 660, 3 APRIL 2014; D.O. No. 70, T. 403, 11 APRIL 2014. (Vence on 31/12/14)

JCH 28/05/14

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