Sets User Rights On Roads Classified As Concessionary Motorways, Main Routes And Itineraries.

Original Language Title: Define direitos dos utentes nas vias rodoviárias classificadas como auto-estradas concessionadas, itinerários principais e itinerários complementares.

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DRAFT law No. 145/X establishes the rights of users during works on motorways explanatory statement the national network of highways has taken on an increasingly strategic importance to our country, in the most diverse fields of economic activity and mobility of citizens. The current situation is largely a clear consequence of the transport policy followed by successive Governments, with the increased use of private transport, in addition to the lack of an option to promote, in particular, the rail transport of passengers and freight.

In this context of high dependence of the transport system and accessibility in relation to the road and motorways, the huge impact to its users that always results in the execution of maintenance and conservation works or an increase in the number of roads in these structures.

Particularly on motorways as A1 (motorway), A5 (Highway of the Estoril Coast) or more recently the A2 (motorway), are visible the consequences for the movement and for road users arising from the work that has been carried out, first by reducing the maximum speed to below 80 km/h (slightly in line with traffic flow levels required of a motorway) , but also at the level of road safety, in the light of the conditions of movement, with the reduction of transverse profiles, deviations from the carriageway, verges, etc.

The consequences of these interventions to the quality, safety and comfort on the road, the first conclusion that registers is that, in these circumstances, 2 the service provided by the utility company (s) Highway (s) in question does not correspond in fact to which the law determines – and the assumption of payment of the respective toll.

Situations of this kind are framed and regulated, in the framework of the system for granting of motorways, and generally not univocal, but rather on the basis of each concession contract and its legal framework. Thus, there is no effective standardization of criteria and guidelines, including at the level of technical procedures in conservation and maintenance operations, etc.

The need to fill such a gap in legislative and regulatory terms it was underlined in the report adopted by the Court of Auditors to 10 April 2003, within the framework of the audit then held the concession agreement of the breeze. This audit report assumes in this shed an indisputable importance in so far as this company is most of the dealership network of motorways, and is currently under this concession agreement which have performed works by increasing the number of routes with greater relevance and impact-and, it should be noted, with the greatest delays.

It should be noted, for example, that the work of widening of the A1 between the Santa Maria da Feira and the IC 24, recently initiated, was scheduled for the second half of 1999. On the other hand, the intervention on the A2, between the Coina and Firecracker, also started recently, depended solely in accordance with the concession contract, the A12 (Setúbal/Montijo), whose inauguration took place ... for seven years.

On the matter of execution of works on highways, and its consequences for users, already declared itself the Assembly of the Republic, in a resolution adopted unanimously by the 15 January 2004. This initiative (presented by Groups who then supported the Government) Noting the situation already was feeling particularly onerous – particularly on A1-clearly stated in your explanatory statement that ' in these circumstances is not fair to charge tolls. In good accuracy, in these cases the highway becomes virtual, not a real highway. The payment of tolls on the highway only comprises 3 when offered speed and conditions inherent to normal road traffic safety in highway or on the edge, in very rough conditions like that. (…) The suspension or reduction of payment of tolls, in these situations, represents even an attitude of good faith and respect on the part of the State in relation to users of the highway, to have changed the assumptions for the levying of tolls. '

Accordingly, the Assembly of the Republic passed unanimously the resolution No. 14/2004, in the sense of ' recommend to the Government that promotes by motorway concessionaires the change of bases of their concessions in order to provide the best service to users in case of execution of works or works in these lines of communication bus station».

Despite insufficient extension of recommended measures – such as the CFP warned in the debate in Plenary the draft resolution – the truth is that these recommendations had no effect, particularly on your most important aspect: the renegotiation of concession agreements, with a view to the suspension of the collection of tolls.

On the other hand, it is necessary to ensure the existence of a legal system to determine common standards for the protection of the rights of the users of the motorways and main road crossings given the situations in question. Rights including the question of the abolition of tolls on the sublanços site, but which also relate to matters such as information and assistance to the wearer, the monitoring and promotion of road safety, information to local authorities or the consecration of common operational and technical procedures, then by the concessionaires.

With this Bill, we propose the following measures in particular:-the exemption from the payment of tolls during the execution of works on motorways and road crossings, to the extent corresponding to the subsection in work;
-The compulsory publicity information on the running jobs, including their start dates and completion, conditions and limitations and alternative routes; 4-monitoring and regular and up-to-date availability of elements related to road accidents recorded in sections on work, with a view to the adoption of the necessary preventive measures;
-To guarantee provision, free of charge, health assistance and aid and mechanic to users;
-Prior information about authorities planned interventions, as well as consideration of opinions by these issued in the previous study and environmental impact assessment;

-The approval of a National Regulation for operation and maintenance Procedures, establishing common standards and criteria to be observed in the whole national network of motorways.

And, in cases where the highways are managed by the State, without the concession contract (such as Via the Algarve), the Government can ensure the implementation of the measures proposed here, is no less true that the vast majority of the national network of highways is currently exploited by concessionary companies – and the renegotiation of their lease contracts is a necessary condition for the achievement of these standards.

However, it is necessary to stress that more than necessary for the purposes of this Bill, the renegotiation of the concession agreement (in particular the established with the breeze-Auto-estradas de Portugal, SA) is an imperative of fairness and protecting the interest of the State. Such conclusion in fact reading the audit report referenced above, in which the Court of Auditors presented as the first and most important recommendation to the State Conceding that "in due course, be triggered the process of renegotiation of this concession agreement», following the finding of circumstances clearly unfavourable to the State resulting from the negotiated contract with that company dealership.

In these terms, and in view of the above, the undersigned Members of the parliamentary group of the CFP feature, under the constitutional provisions and regulations applicable, the following Bill: 5 Article 1 subject-matter this law lays down rules relating to the rights of users during works in sections and sublanços of highways and road crossings, without prejudice to more favourable regimes established or to be established.

Article 2 Scope 1-for the purposes of this Law, are considered the work intended for the increase of the number of roads and the maintenance and preservation of highways and road crossings which form part of the PRN 2000, concession or managed by the State, involving during your performing one of the following situations: the Reduction of the maximum limit) speed of movement; b) reduction in the number of lines in service; c) deviations from the carriageway; d) Suppression of berms. 2 – Are excluded from paragraph 1 point and emergency interventions, as well as those which, not having been laid down, taking place by reason of force majeure, and still, to this end, overcoming a lead time of 48 hours.

Article 3 concepts in the scope of this Law are considered the following concepts: a) motorways – motorways and road sets associated to them, including works of art, toll plazas and service areas embedded in them, as well as the nodes and sections of roads that the complete; b) Road Crossings-the crossings that integrate Main Itineraries and complementary to the PRN 2000, with its bridges, viaducts and road sets associated to them, including toll plazas and 6 service areas embedded in them, as well as the nodes and sections of roads that the complete; c) Grantor-the Portuguese State, represented by the Ministry of finance for the economic and financial aspects, and the Ministry with the supervision of public works and the road sector for others; d) concession contract – the contract, approved by resolution of the Council of Ministers, concerning the design, construction, financing, operation and/or the conservation of one or more highways or road crossings under concession; e) Sections-road sections in which are divided highways; f) PRN 2000-the national road plan, approved by Decree-Law No. 222/98, of 17 July, as amended by law No. 98/99, July 26, and by Decree-Law No. 182/2003, of August 16. g) national road information Service – the collection, provision, treatment and referral of detailed information and updated on the conditions of movement and safety in road traffic routes, determined by Council of Ministers resolution No. 94/2005, of 24 May. h) Subsection – road section of the highway between two consecutive connection;

Article 4 exemption from toll during the making of the work referred to in article 2, the highways and road crossings subject to toll regime shall be exempt from the payment in your extension corresponding to the sublanços where the execution takes place.

Article 5 prior information 1 users – users have the right to be informed about the performance of the works referred to in article 2, being necessarily included in this information the following elements relating to running jobs: a) the entity responsible for the work; 7 (b)) The global investment amounts and sources of financing; c) the start date and the completion of the work; d) the constraints and limitations arising from your conduct; and alternate routes to the flights) or sublanços the highway or road crossing where the intervention takes place. 2-the information referred to in the preceding paragraph is made available, 30 days before the start of the work until your conclusion, by the following means: a) posting signs in the road access prior to the sublanços connection nodes where you perform the work; (b) the information Available on the site) Internet and telephone line of the national road information service; 3-7 days before the start of work, the information referred to in paragraph 1 shall be the subject of a notice to be published in two national newspapers and on public radio and television service. 4-Notwithstanding the previous paragraphs, while conducting the work is also made available to users information on the work in question through electronic panels located in the signage sections and contiguous to sublanços section where the intervention takes place.

Article 6 information on accidents during the making of the works referred to in article 2, the concessionaire provides weekly national road information service to updated data regarding accidents recorded in sections on work, with a view to identifying and publicising places of greatest danger and the adoption of appropriate measures at the level of prevention and road safety.

Article 7 assistance to users

Assistance to users of the motorways, envisaged under the concession, is in any case the concessionaire free of charge, 8 including the provision of the assistance service and sanitary and mechanical aid, in sections in which they perform the works referred to in article 2.

Article 8 Information 1 – authorities prior To the completion of the preliminary study and the environmental impact assessment relating to assistance provided for in article 2, account shall be taken of the opinions issued by the city councils of the municipalities involved, as well as the respective Metropolitan Authorities and Metropolitan Transport Authorities, if they are in Office, including with regard to the limits of the area of intervention , infrastructures and services affected, changes and conditions on roads and mobility. 2-Immediately after the definition of the work programme and schedule of execution of the work, the Ministry responsible for the supervision of public works and the road sector should inform the entities referred to in the preceding paragraph about the intervention, with a view to cooperation in the adoption of appropriate measures to develop the traffic on municipal road network and its access to highway or road crossing.

Article 9 Definition and evaluation of procedures within 90 days after the publication of this law, the Government approves the National Regulation of operating and maintenance Procedures, establishing common standards and criteria, to be observed on all motorways of the PRN 2000, for the purposes of compliance and qualitative assessment, including those relating to maintenance activities , conservation and increased number of roads, as well as specific interventions and/or emergency.

Article 10 Amendment 9 concessions as a result of the provisions of the preceding articles, the Government shall, within thirty days after the publication of this law, the necessary measures for the renegotiation and amendment of the respective concession contracts and their existing Bases and take the necessary budgetary measures to your implementation.

Article 11 highways managed by the State in cases where the motorway is managed by the State, not the subject of the concession contract, the Ministry responsible for the supervision of public works and road sector ensures the implementation of the measures required to comply with the provisions of this law.

Article 12 entry into force 1-this law shall enter into force on the day following your publication. 2-Are the exception to the preceding paragraph standards with budgetary implications, which will enter into force with the State budget following the publication of this law.

Assembly of the Republic, July 25 2005. The Members of the parliamentary group of the CFP,