Regulation Of Guides For Tourists

Original Language Title: Reglamento de Guías de Turistas

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TOUR GUIDE RULES

Published in the DOF on November 17, 1988

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

MIGUEL DE LA MADRID H., Constitutional President of the United Mexican States, exercising the power conferred on me by the fraction I of the Article 89 of the Political Constitution of the United Mexican States, and based on articles 4, 57, 59, 60, 61, 70 Fra VII, 71, 74 and 75 of the Federal Law on Tourism, I have had to issue the following one,

TOURIST GUIDES REGULATION

CHAPTER I

General Provisions

ARTICLE 1o.-The provisions of this Regulation will be applied throughout the Republic by the Federal Executive, through the Secretariat of Tourism, hereinafter referred to as "the Secretariat".

ARTICLE 2o.-This Regulation lays down the provisions to be observed by natural persons providing the tourist services a reference to the V portion of the Article 4 of the Federal Tourism Law.

The application of this Regulation is without prejudice to the powers of the Secretariat of Communications and Transport under the Law of the General Communication.

ARTICLE 3o.-It is understood by guides, for the purposes of this Regulation, to the natural persons who with the authorization of the Secretariat, provide to tourists are oriented and professional information about the national tourist heritage, as well as driving services and assistance to them.

ARTICLE 4.-The persons referred to in the previous Article, who for the purposes of this Regulation shall be identified under the generic name of "guides", are classified in general guides, drivers guides, local guides and specialized guides.

CHAPTER II

Registration in the National Register of Tourism

ARTICLE 5o.-Persons who provide or intend to provide services of guides, must ask the Secretariat for registration in the Registry National of Tourism, which is the instrument by means of which is captured the statistical information that allows you to program and promote the national tourist activity and to regulate the provision of the tourist services.

ARTICLE 6o.-In order to comply with the above, the persons referred to in the preceding Article shall fill in the forms they are provided by the Secretariat and satisfy the following requirements:

I.-Credit your nationality; in the case of foreigners you must also credit your legal stay in the country;

II.-Acreditar that have concluded studies of guide of tourists, that they have with recognition of official validity granted by the Secretariat of Public Education;

III.-Present evidence issued by public health institution, stating that they do not suffer from physical or mental illness incompatible with the exercise of this activity;

IV.-Present four recent photographs, child size; and

V.-Credit your address.

ARTICLE 7o.-The requirements to which reference has been made shall be fulfilled, the Secretariat shall register the natural person concerned in the Register National of Tourism and shall issue you within a period not exceeding 15 working days after this fact, the credential and the corresponding gaffer or flag.

ARTICLE 8o.-The credential issued by the Secretariat must be cover by the guide, who must take to the public eye the gafete or flag that accredits it as such, for as long as it offers and provides its services.

ARTICLE 9o.-In order to keep up-to-date the statistical information contained in the National Register of Tourism, the guides must endorse the credentials issued to the Secretariat by the Secretariat every three years.

For this purpose, they shall submit to the Secretariat the application in the forms provided by the Secretariat within 10 working days. prior to the expiration date of the credential, and comply with the requirements set out in Section III, IV and V of Article 6o. of this Regulation.

The guides must accredit to the Secretariat every three years their attendance at refresher courses; without this requirement they will not be able to endorse their credential.

ARTICLE 10.-The application submitted and the requirements referred to in the preceding Article shall be met, the Secretariat shall have a 10 working days to deliver to the guide in question, the proof that the endorsement of your credential has been made.

ARTICLE 11.-The Secretariat shall grant the permanent credential to the guides who have complied with all the provisions of this Regulation and have performed a satisfactory job, in the judgment of the same, in an uninterrupted manner for twelve years of service.

Once the permanent credential has been obtained, it will be sufficient for them to inform the Secretariat every three years, which continue to provide the service of guides and comply with the provisions of Article 6o (III) of this Regulation.

ARTICLE 12.-Periodically the Secretariat will disseminate among the travel agencies, by the most suitable means, a list of the guides registered in the National Register of Tourism.

ARTICLE 13.-In exceptional cases, due to the lack of authorized guides that dominate a certain language, the Secretariat, listening to the opinion of the Consultative Commission referred to in Chapter VII of this Regulation, may authorise those who so request to temporarily serve as guides, provided that they comply with the requirements set out in Article 6o, fractions III, IV and V.

CHAPTER III

Drivers Guides

ARTICLE 14.-The guides who intend to use a vehicle for the service of tourism, must fill the application that is provided by the Secretariat, in order to obtain the appropriate authorization and to present to it the following documents:

I.-Guide credential in effect;

II.-Credibly credit the ownership or possession of the vehicle;

III.-Current license to drive the vehicle, issued by the competent authority; and

IV.-Insurance policy covering the medical costs of tourists in the event of an accident, as well as their compensation in the event of death;

ARTICLE 15.-The Secretariat shall provide each driver with a tarjeton to be placed in visible place of the vehicle. Such a tarjeton shall contain the name, address and numbers of both the driving licence and the guide card; the mark, model, colour, maximum number of passengers and plates of the vehicle in which the service shall be provided shall also be indicated.

ARTICLE 16.-The guides who are authorized to use a vehicle for the service of tourism, must inform the Secretariat of the the transfer of ownership or possession, loss of the vehicle or a corresponding discharge within a period of 15 working days from the occurrence of the event in question.

ARTICLE 17.-The insurance referred to in Article 14 (IV) must be maintained in force for the time the vehicle is used for the tourism service.

CHAPTER IV

Local Guides and Specialized Guides

ARTICLE 18.-The Secretariat may authorize those who so request, the status of local guides or specialized guides.

ARTICLE 19.-Local guides in addition to complying with the requirements set out in Article 6o., fractions I, III, IV and V shall demonstrate to the Secretariat, in accordance with the mechanisms laid down by the Secretariat, sufficient knowledge of an attraction or site of tourist interest, of a given locality or federative entity.

ARTICLE 20.-The credential issued in favor of a local guide must expressly indicate the attraction or site of tourist interest, in which be empowered to provide its services.

ARTICLE 21.-Specialist guides in addition to complying with the requirements set out in Article 6o., in all their fractions, they must demonstrate to the Secretariat, in accordance with the mechanisms that it determines, a thorough knowledge of activities or topics of tourism interest.

ARTICLE 22.-The condition of specialized guide will be clearly indicated in the credential that the Secretariat will issue to you, also the activity or the topic in which you are specialized.

CHAPTER V

Rates

ARTICLE 23.-The Secretariat, considering the proposals of the Consultative Commission referred to in Chapter VII of this Regulation, shall establish the fees that the guides may charge for the provision of their personal services.

ARTICLE 24.-The fees to be determined for the guides, will be released by the Secretariat, through agreements published in the Journal Officer of the Federation.

ARTICLE 25.-The rates established by the Secretariat shall be determined in national currency and shall express the type, duration and distance of the travel, as well as the amount per person or per unit. For the determination of the rates, the following aspects must be considered: driving of the tourist's vehicle by the guide; cost per hour and extra hour; cost of passage, toll, feeding and lodging of the guide, when the service provided by this one so requires; and the condition of local or specialized guidance, if any.

ARTICLE 26.-At the time of the entry into force of the maximum rates to which the previous articles refer, the guides will be able to apply them in the terms and the conditions under the arrangements referred to in Article 24 of this Regulation.

ARTICLE 27.-Rates to be established by the Secretariat must be shown by the guides to the applicants and users of their services and to be respected in their terms.

CHAPTER VI

Complementary Operation Rules

ARTICLE 28.-During the provision of their services, the guides must provide truthful and objective information, and exalt the historical and Culture of the Nation.

ARTICLE 29.-The guides, carrying valid credential and gafete or distinctive will have free access to the areas open to the public of museums, monuments and archaeological areas and in general all tourist attractions, as well as accommodation establishments, during the performance of their activities.

ARTICLE 30.-The guides must notify the Secretariat of their change of address, within a period of 15 working days from the date of the event. this fact.

ARTICLE 31.-In no case will a single guide be able to attend groups integrated by a larger number of 25 tourists.

CHAPTER VII

Consultative Commission of Guides

ARTICLE 32.-For the purpose of analyzing the operation of the guides, a collegiate body to be called " Commission Guide Advisory ".

ARTICLE 33.-The Consultative Commission of Guides will be integrated by three representatives of the Secretariat and three of the representative organizations of these service providers.

The Secretariat shall describe the representative character of the organisations proposing membership for the Commission.

For each representative owner, an alternate shall be appointed.

ARTICLE 34.-The representatives of the Secretariat shall be appointed by the holder of the Secretariat, who shall appoint the President of the Commission Consultative, which in turn will designate who should serve as Technical Secretary.

ARTICLE 35.-The Consultative Commission shall have the following functions:

I.-Act as a consultation body of the Secretariat in all matters relating to the operation of the guides;

II.-To give an opinion on applications to serve as guides, in the cases of Article 13;

III.-Propose the fees that may be charged by the guides as well as the periodicity with which they are to be fixed; and

IV.-Other that are complementary to the above and that are required for the fulfillment of their object.

ARTICLE 36.-The Consultative Commission shall be held in an extraordinary manner twice a year and in an extraordinary manner when the President is convened, any of its members to request the holding of an extraordinary session.

ARTICLE 37.-The Consultative Commission shall validly be assisted by four of its members, provided they are present, at least two representatives of the Secretariat and two of the providers. From each session, a record will be lifted, which once approved will be signed by the President and the Technical Secretary.

ARTICLE 38.-The agreements of the Consultative Commission will be taken by a majority of votes of those present, counting their president with a vote of quality. Such agreements shall be made of the knowledge of the Secretary of Tourism with the character of proposals, who shall determine the conduct.

CHAPTER VIII

Reconciliation Procedure

ARTICLE 39.-When a tourist considers that he has not received the services of a guide in terms of the agreed or the forecasts of this Regulation, may submit a written complaint to the Secretariat.

ARTICLE 40.-When you have knowledge of a complaint, the Secretariat will give you a course, for which you will cite the complaint and the guide to go before it to hold a hearing in which it would urge the parties to reconcile their interests, setting the date of the hearing at the summons. Such notifications shall be made on a personal basis or by registered mail with acknowledgement of receipt.

ARTICLE 41.-If the reason for the complaint is not the responsibility of the Secretariat, it will notify the complainant, informing him which authority has been channeled for your attention.

ARTICLE 42.-The complaint or the guide may request in writing from the Secretariat, at least four working days in advance of the date indicated for the hearing to be held, the deferred hearing of the hearing, without it being possible to postpone more than 10 working days after the date initially fixed.

ARTICLE 43.-If the guide or his representative does not attend the hearing to which they have been duly summoned by the Secretariat, without If you are justified, you will be given a fine equivalent to a quarter of the monthly minimum wage in the Federal District.

ARTICLE 44.-If the Secretariat cites a second hearing on the grounds of unassisted unassisted by the guide or its representative, and Nor does it come to this, you will be imposed a fine equivalent to half of the monthly minimum wage in force in the Federal District. The second hearing shall be held within five working days after the date on which the first hearing was held.

ARTICLE 45.-The lack of assistance from a complaint to a hearing to which it has been duly cited, without there being justified cause for it in the judgment of the Secretariat, it shall imply that the Secretariat has not filed the complaint which has been filed, with the exception referred to in the following Article.

ARTICLE 46.-When the Secretariat considers that the complainant is unable to attend the hearing to which he has been summoned the purpose of promoting the reconciliation of their interests with those of the guide, will be in accordance with the provisions of Article 83 of the Federal Law on Tourism.

ARTICLE 47.-Regardless of the outcome of the hearing, the Secretariat shall raise a record, giving a copy of the minutes to the complaint as well as to the guide or your representative.

ARTICLE 48.-However, the guide has reached an agreement with the complainant, the Secretariat may impose the first, considering for this purpose the seriousness of the offence and the intention with which it has been committed, the appropriate sanction, in accordance with the provisions of Chapter IX of this Regulation. In cases where there has been agreement between the parties, this act shall serve as a mitigating factor for the determination of the nature and the amount, if any, of the penalty imposed.

CHAPTER IX

Sanctions

ARTICLE 49.-The Secretariat may sanction the guides, or those who are such as such, for any or some of the following reasons:

I.-Credential or not to carry it, or not to take into view the gaffer or flag referred to in Article 8., during the provision of the service;

II.-Do not carry in visible place of the vehicle the tarjeton referred to in Article 15;

III.-Refrain from notifying the Secretariat of the provisions of Articles 16 and 30;

IV.-Do not endorse the credential, if the service continues to be provided;

V.-Not having the insurance referred to in Article 14, fraction IV of this Regulation;

VI.-Charge fees higher than those set by the Secretariat;

VII.-In the case of local guides, provide their services in places outside those for which they are specifically authorized;

VIII.-Others involving a violation of the Federal Tourism Act or this Regulation.

ARTICLE 50.-The sanctions that may be imposed by the Secretariat to the guides, by some or some of the reasons referred to in the Article The following are the following:

I.-Multa;

II.-Temporary cancellation of the credential;

III.-Final cancellation of the credential.

ARTICLE 51.-Regardless of the penalties mentioned in the previous Article, the Secretariat may promote to the competent authorities the temporary suspension of authorisations granted to guides to use vehicles in the tourism service, in cases where the provisions of Article 17 of this Regulation are not observed.

ARTICLE 52.-For the purposes of the provisions of Article 95 of the Federal Law on Tourism and in this Regulation, it is understood by minimum wage monthly in force in the Federal District the result of multiplying by thirty the general minimum wage in force in the Federal District.

ARTICLE 53.-The guide that incurs the infractions referred to in Sections II, III and IV of Article 49, shall be received in writing by the Secretariat to address the failure within a period of 15 working days after the notification has been received. In the event that the subsidiary anomaly has passed, you will be able to impose a fine up to once the minimum monthly salary in force in the Federal District.

ARTICLE 54.-The guide that incurs the infractions referred to in the fractions V, VI and VII of Article 49, may be imposed a fine up to twice the monthly minimum wage in the Federal District.

ARTICLE 55.-To the person who provides his own services of guidance and who lacks a credential, a gaffer or a flag, a fine may be imposed up to three times the monthly minimum wage in the Federal District.

ARTICLE 56. Other violations of the Federal Tourism Law and this Regulation may be sanctioned by the Secretariat with a fine equivalent to a quarter of the monthly minimum wage in the Federal District.

ARTICLE 57.-In cases where the infringement referred to in Article 49 (VI) is committed and the guide is reconciled with the user who has filed the complaint, the fine may be imposed for an amount equal to one-fourth of the monthly minimum wage in force in the Federal District.

ARTICLE 58.-In the event of recidivism, the Secretariat may impose up to two of the amount of the fine previously imposed. It is understood by the reoffending the commission of a second or subsequent infringement to the same provision within a period of two years, provided that a sanction decision has been notified and, if a review appeal had been lodged, the recursion resolution has been confirmed.

ARTICLE 59.-If within the period referred to in the previous Article the infringer reincites the new account, it may be imposed up to two so many the amount of the second fine and if it reaffects again, the Secretariat may cancel the credential of the guide in question.

Where a guide does not endorse your credential, after three years after your issue or endorsement, the Secretariat will have canceled the credential.

Where the relevant guide is authorised by the competent authorities to use the vehicle for the tourism service, the Secretariat shall make it aware of the cancellation of the credential and shall promote to them the revocation of the authorization referred to.

ARTICLE 60.-When the Secretariat considers that it is appropriate to initiate the procedure to impose a sanction on a guide or to act as such, (c) to provide a hearing to a hearing for the purpose of declaring what is appropriate to its right and showing evidence in its favour. The summons must be delivered personally or sent by registered mail with acknowledgement of receipt, convening the hearing whose date will be determined in the summons.

ARTICLE 61.-At the express request of the alleged infringer or his representative, the Secretariat may grant him the time limit which he considers convenient for you to collect and display the evidence to which it is referred.

ARTICLE 62.-Before initiating the hearing referred to in Article 60, the alleged infringer or his representative shall accredit duly his personality. The Secretariat shall draw up a circumstantial record of the hearing, giving a copy to the alleged infringer or his representative, who shall have the right to indicate a conventional address to receive notifications.

ARTICLE 63.-Considering the allegations and the evidence of the alleged infringer or his representative, the Secretariat shall issue the a decision which is duly substantiated and reasoned, notifying it at the address indicated for that purpose. Copies of the same will be sent to the complaint, in case the procedure has been established as a referral of the filing of a complaint, as well as to the corresponding tax authority, for the purposes of the provisions of Article 106 of the the Federal Law of Tourism.

ARTICLE 64.-Against the sanctions imposed and notified by the Secretariat, the review appeal shall be brought before the holder of the in the terms provided for in Chapter XIII of the Federal Tourism Law.

ARTICLE 65.-Final decisions which are issued in relation to the resources to be brought, shall be notified to the appellant as well as to the to the relevant tax authority, whether the contested sanction is revoked, confirmed or modified.

TRANSIENT

FIRST.-This Regulation shall enter into force on the day following its publication in the Official Journal of the Federation.

SECOND.-The Rules of Guides of Tourists, Drivers and Similar Guides of 31 July 1967, published in the Official Journal of the European Union, are hereby repealed. Federation on August 14, 1967.

THIRD.-The persons who, within the year after the entry into force of this Regulation, wish to obtain their credential of guidance to lend the (a) the relevant service and are not providing it at the time of entry into force, when they lack the document to accredit the studies referred to in Article 6 (2), they shall support and approve an examination of the subjects which integrate the plans and programmes of approved studies for tour guide.

FOURTH.-The Secretariat shall make known to the interested party the place, date and time when it shall present the examination referred to in the Article precedent. Such an examination will be oriented to aspects related to our country, and will take into consideration the following areas of knowledge:

I.-Archaeology

II.-Modern and contemporary art

III.-Popular art and folklore

IV.-Pre-Hispanic Art

V.-Viral art

VI.-Ethnography

VII.-Geography

VIII. -History

Given at the Federal Executive Branch, in Mexico City, Federal District, eight days in the month of November of a thousand nine hundred Eighty-eight.-Miguel de la Madrid H.-Rubrica.-The Secretary of the Interior, Manuel Bartlett Díaz.-Heading.-The Secretary of Communications and Transport, Daniel Díaz Díaz.-Rubrias.-The Secretary of Public Education, Miguel González Avelar.- Heading.-Health Secretary Guillermo Soberon Acevedo.-Signature In the absence of the Secretary of the Industry, Jesus Kumate Rodriguez, Undersecretary of Health Services.-The Secretary of Tourism, Antonio Enriquez Savignac.-Heading.