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1 PROPOSAL of law No. 214/X PL 7/2008 2008.06.12 explanatory memorandum Metropolitan Authorities of transports (AMT) of Lisbon and Porto were created by Decree-Law No. 268/2003, 28 October, amended by Decree-Law No. 232/2004, of 13 December, which lays down, inter alia, that the AMT were public entities and approved its Statute. However, the institutional model established by such legislation does not correspond to the necessary political and technical understanding for the weighting of two cross-cutting issues in the sector of passenger transport in large conurbations, namely: the need for articulation of public policies with impact on metropolitan transport system, both in terms of policies defined by the Government, as in the measures defined by the Local Government; and the need to ensure the financial sustainability of the transport system, through the increase of demand of public transport, and the diversification of funding sources. With the assumption that the AMT should work, first of all, as entities responsible for the articulation of public policies with impact on metropolitan transport system, understand the Government that there are several reasons that justify the submission of a new model for the AMT, especially the following: 2-the corporate approach advocated by the previous model doesn't sit well with the fact that the AMT to exercise State functions , as such powers of authority. Thus, in the proposed model, the AMT are legal persons governed by public law, with administrative, financial and patrimonial autonomy;
-The previous model featured a Central Administration and Local representation that is not considered appropriate: so the new model involves the mixed composition of the AMT, respecting the principle that the Central and Local Administration participate in the measurement of its assumption of responsibilities, particularly of a financial nature, in the metropolitan transport system, a solution that elevates metropolitan-wide treatment of the transport policies of the metropolitan areas of Lisbon and Porto;
-The previous model enshrined a set of assignments for the AMT without, however, providing the skills necessary for the pursuit of these assignments. Thus, the reformulation of the model implies the definition of concrete functional assignments relevant cores of AMT, ensuring an appropriate level of transfer of powers of Central and Local Administration, taking into account the level of intervention intended for metropolitan mobility systems. The AMT must be endowed with powers and competencies to enable them to act on the strategic planning, coordination and monitoring of the transport service, on the matters of financing and charging, promoting the use of public transport, to integrated mode and Enhancer of intermodality, taking into account the policies of land use planning and management of the public highway;
3-the previous legal regime did not provide for effective planning instruments: in fact, despite the reference to instruments such as the "transport plan", the same was not sufficiently denser, nor had operative force content and drafting procedure defined, running the risk of becoming an instrument without binding force. In the proposed model, sought the Government to find solutions, through ensuring the consecration of planning instruments, as well as establishing guidelines, have binding force to actually organise mobility and ensure your articulation with regional planning. The new costumes of organization of the transport system in metropolitan areas is based on the following strategic goals:-firstly, the definition of a model compatible with the Community framework, in particular as regards compensation for public service obligations in inland transport. For this, the Government proposes the adoption of a legal framework in the field of autonomous contracting of public passenger transport service, providing, according to new regulation of the European Parliament and of the Council on public transport of passengers by rail and road, a clear legal framework for the market in the carriage of passengers by roads. The AMT and the Office of mobility and land transport, I. P., assume the main tasks regarding the reorganization of the transport systems in its various scales – urban, regional, national, taking into account the progressive institution of a mechanism of regulated competition, based on the scheme-rule of the public service contract;
4-Secondly, it is necessary to articulate the mobility systems with various territorial management instruments – regional land use plans and municipal master plans – in order to achieve an integrated and coherent planning, mobility and transport systems. This law is to establish a set of instruments that enhance this objective of coherence and integration, namely the consecration of a new sectoral strategic plan, bringing together public policies such as land-use planning and the environment with emphasis on mobility and transport – Urban Commuting plan (PDU), with reflections on classic territorial management instruments. In addition, the AMT shall draw up the operational programme transport (POT) that defines the aspects necessary for the operation of urban transport of passengers in their metropolitan areas, detailing the costs and funding sources of the metropolitan transport systems, providing for the conclusion of programme contracts and becoming as the base instrument for the gradual and progressive public transport services;
-Thirdly, it is important to articulate the various components of mobility systems, promoting intra and intermodality, acting, in subjects such as urban circulation, parking, networks and services, timetables and tariffs;
-Last but not least, we highlight the strategic objective of increased demand in urban public transportation and metropolitan level. Should be promoted to audition for the National Association of Municipalities. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: 5 1-article 1 subject-matter this law establishes the legal regime of the Metropolitan Authorities of transports (AMT) from Lisbon (AMTL) and the port (AMTP). 2-The AMT are governed by this law, by other legal provisions are specifically applicable and by their internal regulations. Article 2 Nature 1-The AMT are public legal person, endowed with administrative and financial autonomy and their own heritage. 2-The AMT are transport organising authorities under the urban and local transport systems of the metropolitan areas of Lisbon and Porto. Article 3 Territorial areas of intervention of the AMTL and AMTP correspond, respectively, to the metropolitan areas of Lisbon and Porto, defined by law No. (...). Article 4 Duties without prejudice to other legally provided for, the AMT have powers regarding planning, organization, operation, financing, surveillance, dissemination and development of the public transport of passengers.
6 article 5 planning Assignments 1-they are attributions of the AMT, strategic planning: a) promoting the development of Urban Travel Plan (PDU) and the operational programme transport (POT) in the Metropolitan Area; b) elaborate the Inquiry to mobility in the metropolitan areas of Lisbon and Porto; c) promoting the development of the Public Account of movements of Passengers in the metropolitan areas of Lisbon and Porto; d) issue an opinion and participate in follow-up structures of territorial management instruments of the municipalities of the Metropolitan Area. 2-they are attributions of the AMT, with regard to the integration of networks and services in the metropolitan areas of Lisbon and Porto: a) ensure coordinated exploitation and integration between the various modes of public transport and circulation policies and parking; b) Promote change plans in the circulation and parking, which enhance the attractiveness and performance of collective transport. Article 6 Tasks as regards coordination and supervision 1-they are attributions of the AMT, for coordination: a) Promote mechanisms for coordination between the various public transport operators, so as to increase interoperability and intermodality; b) Set the circulation and parking policies, framework, to promote the attractiveness and the good performance of collective transport;
c) Define the principles of spatial planning of Metropolitan interest interfaces and modes of your exploration, including exploration by delegation in the municipalities associated with or to third parties; d) Develop coordinated actions aimed at improving the quality, safety and environmental protection in the context of Metropolitan public transport services; and gradual and progressively ensure), the terms of the public service, in the metropolitan areas of Lisbon and Porto, without prejudice to the powers of the Office of mobility and land transport, briefly referred to as DMV, I. P.; f) ensure public service contracts with the private operators of collective transport of passengers by road, within the metropolitan areas of Lisbon and Porto. 2-they are attributions of the AMT in surveillance: a) Monitor and evaluate the quality and efficiency of public passenger transport services; b) Oversee compliance with laws and regulations applicable within the framework of its tasks, as well as the fulfillment of contracts, concessions or authorizations and operating programmes, and for such articulate with the DMV, I. P., through Protocol to be concluded, the terms and the means to make effective this assignment; c) Apply sanctions and penalties in the cases provided for in the law or contracts concluded with operators. Article 7 powers regarding financing and charging 1-they are attributions of the AMT on financing: 8 a) provide for the definition of public service obligations (PSO) inherent in transport and the funding of their compensation; b) Promote the establishment of regulatory mechanisms, programming, encouragement and financial support to the acquisition and renovation of fleets, the acquisition of public information systems and supporting the exploitation and implementation of new technologies, in the context of urban transport policies, in conjunction with the powers of the DMV, I. P.; c) lay down rules, in accordance with the law, with regard to coordination, mobility rate for metropolitan areas and by the municipalities of them members. 2-they are attributions of the AMT regarding tariff and ticketing: a) Propose and implement tariff principles and rules of the transport system, the interfaces and parking lots of Metropolitan interest; b) Propose, implement and coordinate the underground ticketing system; c) regulate the marketing of multimodal transport titles and the redistribution of revenues depending on the services provided by each operator. Article 8 powers regarding disclosure and development of urban transport are assignments of AMT, disclosure and development of urban transport: a) to develop and promote the image of urban transport in the Metropolitan Area and perform actions to encourage the use of public transport; b) Publicize the offer of services, creating and managing media and communication with the operators;
9 c) Promote technological innovation initiatives and services, with a view to improving the quality, safety and mobility in the urban transport; d) Support, participate and fund research projects in the field of urban transport and urban mobility; and) promote the implementation of innovative projects and pilot actions in the field of urban transport and urban mobility. Article 9 Urban Commuting plan 1-the PDU is the sectoral plan for the mobility and transport, which promotes the integration of land-use planning policies and mobility, within the framework of metropolitan areas. 2-the preparation and approval of the PDU follows the regime established in Decree-Law No. 380/99, of 22 September, as amended by Decree-Law No 316/2007, of 19 September, with any necessary adaptations. 3-it is for the AMT, with the technical support of the Office of mobility and land transport, i. p. (DMV), the responsibility for preparation of the PDU, and the General Council of the AMT the adoption of the proposal to be submitted to public consultation. 4-the approval of the PDU is made by the Government on a proposal from the AMT, after the public consultation process. 5-the PDU is binding on all public authorities with responsibility in the management of infrastructures for the transport system, and the regional and municipal plans of land use planning be adapted accordingly within three years.
10 article 10 1 transport operational programme-the POT is the regulatory legal instrument that defines the aspects necessary for the operation of urban transport of passengers within the respective Metropolitan Area, with your approval to AMT. 2-the POT lays down the principles applicable to collective transport networks, in particular the principles applicable to itineraries, timetables, service levels , tariff, interfaces, and metropolitan-wide circulation. 3-POT specifies the supply of public transport services, their costs and provides your financing, pursuant to article 22, through programme contracts to be concluded with the State, with its Metropolitan Area and the municipalities that are part of, being as the base instrument for the gradual and progressive establishment of contracts of public transport services. 4-the POT is in force for a period of 4 years, and can be reviewed at any time, by means of partial resolution of the General Council of the AMT. 5-the preparation and approval of the POT for a metropolitan area does not depend on the effectiveness of their prior PDU, but must be reviewed after the entry into force of this. 6-POT rules are binding on the authorities and bodies of the Central Administration to the municipalities of the metropolitan area and, through public service contracts for transport operators. Article 11 1-organizational structure Are organs of the AMT: a) the General Council;
11 (b)) the Executive Council; c) the Advisory Council; d) the sole auditor. 2-the term of Office of the members of the organs of the AMT is four years. Article 12 Supervision and follow-up for supervision and monitoring of the activity of the AMT are exercised jointly by the Member of Government responsible for the area of finance, by the Member of the Government with the tutelage of transport and the President of the Metropolitan Board of its AMT. Article 13 1-General Council the General Council is the deliberative organ of the AMT. 2-the General Council of the AMTL consists of 17 members designated in accordance with the following rules: a) Central Administration designates 9 members, through order all the members of the Government responsible for the areas of transport and public works, Local Administration, environment, regional planning and Regional Development, internal administration and finance; b) Local Government, through the Lisbon Metropolitan Board, appoints 8 members, of whom 1 is indicated by the Lisbon Municipality, and the rest take into account geographical specificities of the Lisbon Metropolitan area. 3-the General Council of AMTP is composed of 13 members, appointed according to the following rules: 12 a) Central Administration means 7 members by joint decree of the members of the Government responsible for the areas of transport and public works, Local Administration, environment, regional planning and Regional Development, Home Affairs and finance. b) Local Government, through the Porto Metropolitan Board, designate 6 members, of whom 1 is indicated by the Municipality of Porto and the other take into account geographical specificities of the Porto metropolitan area. 4-Fit the General Council elect its Chairman from among the members appointed by the Local Administration. 5-the General Council ordinarily meets twice a year and extraordinarily whenever the President convene, on his own initiative or at the request of five of its members or of the Executive Council. 6-the members of the Executive Board and the Auditor General shall participate in the meetings of the Board without the right to vote. Article 14 responsibilities of the General Council without prejudice to the powers conferred upon it by law or delegated, it is for the General Council: a) approve business plans and annual budgets and multi-year of AMT; (b) Approve the proposal to PDU) to submit to the approval of the Government; c) approving the POT; d) issue an opinion on the following matters: (i)) road networks and services; II) networks and rail services, metros and river;
13 iii) changes in the circulation and impact on metropolitan transport system; IV) investments in road infrastructure and transport; v) equipment Location with great traffic generation; and) preparing the regulations provided for in the law and deemed necessary for carrying out its tasks; f) Proceed to the general assessment of the activity of the Executive Board; g) deliberate on any matter that is submitted by the Executive Board. Article 15-1 Executive Board the Executive Board is the governing body that runs the guidelines issued by the General Council. 2-the Executive Board consists of a Chairman and four other members. 3-the President and two of the vowels are appointed by joint decree of the Prime Minister and the Minister of tutelage, being one of the members of the Governing Board of the DMV, I. P., by extension, Member of the Executive Council. 4-the appointment of the other two vowels competes to the Metropolitan Board, being one of the full-time members of the Executive Board Metropolitan, by extension, Member of the Executive Council. 5-the appointment of all members of the Executive Board is preceded by the General Council. 6-the Chairperson and the two members not involved in the Executive Council are professional management, and the Statute of the public Manager and their remuneration fixed jointly by members of the Government responsible for the area of finance and by the transport sector.
14 7-the Executive Board ordinarily meets with monthly and extraordinarily whenever the President convene, for your initiative or at the request of any of its members. 8-the Executive Council can only decide when present the majority of its members. 9-the deliberations are taken by an absolute majority of votes cast, the President of a casting vote. 10-Without prejudice to the powers conferred upon it by law or delegated or subdelegated, the President of the Executive Board: the) Coordinate the activity of the Executive Board and summon and direct their meetings; b) to ensure the proper implementation of the decisions of the Executive Board. 11-of the meetings are recorded minutes that approved in draft, acquire effectiveness with the signature of the President or who has replaced.
Article 16 Responsibilities of the Executive Council Without prejudice to the powers conferred upon it by law or delegated, it is for the Executive Board, in its Metropolitan Area: a) pursue the tasks entrusted to the AMT, in compliance with the decisions of the General Council;
b) monitor compliance with the law and regulations applicable to the transport sector in the respective metropolitan areas;
15 c) make inquiries, examinations and other due diligence inspection in nature in any entity or place subject to your supervision; d) initiate a misdemeanour and impose fines or penalties for infringements of the laws and regulations whose implementation or supervision you; e) Participate to the competent authorities of offences to take knowledge and that are unrelated to their duties; f) Inspecting the records of complaints and complaints from users, the entities contracted dealers or authorized carriers; g) conduct inquiries and preparatory studies in the framework of its mission; h) Elaborate the General survey to mobility; I) promoting the development of the Public Account of movements of Passengers; j) promoting the development of the PDU and the POT; l) Promote the coordination of public entities and entities with a view to coordinated execution operators of the PDU, POT and programme contracts with infrastructure managers with regard to programming, implementation and financing of investments and the management and maintenance of networks and their equipment; m) carry out the disclosure of the regulatory framework in force in each moment and of their responsibilities and initiatives, as well as the rights and obligations of operators and users; n) Cooperate, in the framework of the tasks of the AMT, with other public or private entities, domestic or foreign, since that do not involve sharing or delegation of their powers;
16 o) Encourage the use of alternative means of settling disputes between entities contracted or authorized dealers or between these and users, and may cooperate in the creation of institutionalised arbitration centres and establish agreements with existing ones; p) Prepare budgets and plans of annual and multiannual activity programmes; q) establish the technical and administrative organisation of the AMT; r) Represent the AMT in court and outside it, actively and passively, to propose and track actions, confess, give up, compromise and accept arbitration commitments; s) decide on the admission of personnel and your remuneration; t) Provide prosecutors and representatives of the AMT in accordance that it deems convenient; u) Issue decisions and concrete recommendations, disseminating information and practice other acts necessary or convenient to the pursuit of its mission; v) Exercise the other powers fit by law. Article 17-1 Advisory Council the Advisory Council is the organ of consultation of the AMT. 2-the Advisory Board is chaired by the President of the General Council and is made up of representatives of the following entities, in accordance with the set in regulation to be adopted by the General Council: a) all municipalities that are part of its Metropolitan Area; b) users ' associations and consumer protection; c) environmental Associations, trade unions and business;
17 d) managers of transport infrastructure; and road safety supervisory Entities). 3-the Advisory Council opinion in relation to judgments of courts of AMT on the following subjects: the Plans to be drawn up) or approved by the AMT; b) definition of the levels of efficiency and quality of transport services; c) Any matters that may be submitted by the General Council. 4-the Advisory Council meets ordinarily once a year and extraordinarily whenever summoned by your President. Article 18 1 sole auditor-the auditor is responsible for the supervision of accounting and financial activity of the AMT. tax only-2 must be an audit firm of recognized reputation and trustworthiness, to be determined by the General Council. Article 19 staff Scheme 1-the staff of the AMT applies the Regime of employment contract in Public Functions.
2-Can provide service in the AMT integrated personnel in the frames of the services of central or local administration or workers of public undertakings, in accordance with applicable law.
18 article 20 inspection and supervisory Functions 1-the staff of AMT, when properly identified and in the exercise of its functions of inspection and oversight, may in particular: a) access to facilities, equipment and services of organizations subject to your supervision; b) Ordering documents, equipment and other materials for analysis; c) solicit or collect identification elements, for further action, all individuals who infringe the laws and regulations whose observance must respect; d) Send the news, under the law; and the collaboration of the Request) police authorities, judicial and administrative, when deemed necessary for the performance of its functions. 2-for the purposes of the preceding paragraph, are assigned to the staff of AMT ID cards, and conditions for the issue are set out in order to be approved by the Member of Government responsible for the transport sector. Article 21 financial and patrimonial Regime 1-financial and patrimonial activity of AMT is governed by this law and, in the alternative, by the financial regime of public administration offices. 2-Constitute revenue from AMT: 19 a) The contributions, appropriations and subsidies allocated by the State budget, by its Metropolitan Area and the municipalities of her members, intended to finance the organic structure of the AMT; b) participation in fees to the users of the transport services provided in their metropolitan area under contract with operators; c) participation in revenues from managing bodies of ticketing systems in the metropolitan area; d) The contributions which are allocated under the programme contracts concluded with the State, with the metropolitan area and the municipalities members; e) fees, fines and other revenue collected in the performance of their duties and responsibilities; f) proceeds from the disposal of assets and rights on them; g) any gifts, legacies, bequests, subsidies or other forms of financial support; h) Any other revenue, income or values arising from your or activity which, by law or contract, you will be assigned. Article 22 financing model of transport systems 1-the financing of each metropolitan transport system is secured by funds from: the tariff or other revenues) generated in the system; b) from the State budget; c) of the respective budgets and of the local metropolitan area of her members;
20 d) Other items that may be determined under the applicable law. 2-State contributions, the metropolitan areas and municipalities are effected under the terms established in programme contracts to be concluded in accordance with the provisions of articles 24 to 26 3-the contribution of the State is established by members of the Government responsible for the finance and transport areas, the preliminary prior to the approval of the POT, and outright under the programme contracts referred to in article 24 4-the contribution of metropolitan areas is carried out with the basis of participation in the recipe of Metropolitan mobility rates. 5-the contribution of the municipalities is made on the basis of criteria which take into account the potential of each generation and attraction of mobility in the Metropolitan Area. 6-Without prejudice to the provisions of this law and in the Community scheme, the State ensures the same level of financial resources that spend the date of Constitution of the AMT and which are necessary to draw up contracts with private operators of road passenger transport. Article 23 tariff and transport tickets 1-tariff revenues constitute own resources of transport operators, without prejudice to the holdings referred to in article 21 2-tariff systems should focus on metropolitan transport intermodal and interoperadores titles. 3-The AMT should focus on common or ticketing systems compatible throughout the transport system managed by them.
21 Article 24 programme contracts with the State 1-The AMT celebrate programme contracts with the State. 2-The programme contracts referred to in the preceding paragraph contain, inter alia: a) the objectives to be achieved; b) reimbursement obligations of the State to the contractualisation of public transport services, in particular the amounts of financial compensation to be allocated to each of the operators in the event of dealing with public enterprises; c) investments, referred to in point (l)) of article 16, to be held by the AMT, by the municipalities or by operators, aimed at improving the functioning of the transport system, or the increase in demand. 3-State contributions for the financing of the metropolitan transport system should be gradually reduced as a function of the efficiency of the transport system and the diversification of sources of financing of the transport system. Article 25 programme contracts with the metropolitan areas 1-The AMT celebrate programme contracts with the metropolitan areas of Lisbon and Porto in the extent of the jurisdiction these exercise, for competence or representation of the set of municipalities. 2-the financing of own powers of metropolitan areas depends on the creation of Metropolitan mobility rates.
22 article 26 programme contracts with municipalities 1-The AMT celebrate with each of the municipalities that integrate programme contracts, as a rule, with a duration of four years. 2-The programme contracts referred to in the preceding paragraph aim to wake the terms for implementing the rules of the PDU and POT fit run by the municipality, as well as program the annual assistance from the municipality for the financing of the transport system. 3-Can, inter alia, the record of the contract-program the timing of the establishment of a charge for parking areas and aisles dedicated to the movement of public transport in municipal road network or the transport interfaces or location of interest. Article 27 contractual Regime of the public passenger transport service the contractualisation of public transport of passengers by the AMT is governed by its own diploma by applicable provisions of Community law and, in the alternative, by the system of public subsidies. Article 28 the present model and Evaluation framework of the AMT will be in 2011, the subject of an evaluation report promoted by Government and Together metropolitan Lisbon and Porto, which must assess the adequacy and effectiveness of the present legal framework of the AMT and propose, if necessary, the improvements that are essential to the further development of this model of organization and coordination of the metropolitan transport systems.
Article 29 Transitional Rules 23 1-until the end of the year of 2008 the running costs of the AMTL AMTP and are supported by the DMV, I. P., through transfer from the budget of the Ministry of public works, transport and communications. 2-until the entry into force of the Regime of employment contract in Public Functions, personnel of the AMT applies the scheme of the contract of employment provided for in law No. 23/2004, of June 22, as conferred by law No. 53/2006, of 7 December. Article 30 Standard set is repealed Decree-Law No. 268/2003, 28 October, amended by Decree-Law No. 232/2004, of 13 December, succeeding the AMT of Lisbon and Porto in the rights and obligations which, by virtue of these diplomas, exist.
Seen and approved by the Council of Ministers of 12 June 2008 the Prime Minister, the Minister of Parliamentary Affairs Minister Presidency
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