PRESENTATION REPORT

The land transport sector is one of the key levers for improving the conditions for the production of wealth, the movement of people and goods and the strengthening of regional integration.

By ground transportation, it is necessary to hear any movement of persons or goods by road and by means of transport. At the national level, they are urban or long-distance, public or private.

The objective of the State-defined land transport policy is to ensure that the travel needs of people and goods are met at lower cost to users and communities.

However, it must be noted that land transport is still far from achieving the objectives assigned to them. The reasons relate, inter alia, to the only statutory instrument, Decree No. 63-545/MTPUT of 31 July 1963 on the regulation of public and private road transport of persons and goods, which deals with the sector.

The shortcomings and malfunctions resulting from the failure to adapt this decree to the development of the sector led to the adoption of Act No. 2003-04 of 27 May 2003 on the direction and organisation of land transport.

The present draft decree laying down the rules for the implementation of the aforementioned law for the creation of conditions for a better organisation of land transport intervenes in the context of the withdrawal of the State from the production of weaners Of transportation. It creates an enabling environment for private passenger and freight carriers to efficiently handle the demand for diversified transportation in continuous growth.

In order to integrate the various modes of road and rail transport, the draft decree specifies the roles of the public authorities and the delegates of public service missions in the organisation of land transport and the Production of services.

With a view to better taking account of the transport sector in the scheme for organising Community spaces, urban and long-distance road transport benefit from a precise definition of transport and authority Has the power to organise transport.

Finally, with regard to the integrative role of transport at the regional level, articulated by inter-state agreements and sub-regional conventions, the obligation to justify Senegalese nationality for obtaining a carrier licence To be a national of a Member State of the Economic and Monetary Union of the West African Union (UEMOA) or of any other country granting reciprocity to Senegalese nationals.

This is the economy of this draft decree.

The President of the Republic:

Having regard to the Constitution;

Having regard to Act No. 2002-30 of 24 December 2002 repealing and replacing Act No. 62-31 of 6 March 1962 on the Highway Code (Legislative Assembly);

In view of Act No. 2003-04 of 27 May 2003 on the guidance and organisation of Inland Transport;

In view of Decree No. 63-545 of 31 July 1963 on the regulation of public and private road transport of goods and passengers;

In view of Decree No. 2001-557 of 19 July 2001 on the powers, organisation and operation of the Executive Board of Urban Transport of Dakar (CETUD);

In view of Decree No. 2004-13 of 19 January 2004 laying down the rules for the application of Law No. 2002-30 of 4 December 2002 on the Route Code (Regulatory Party);
In view of Decree No. 2007-826 appointing the Prime Minister;

In view of Decree No. 2008-340 of 31 March 2008 establishing the composition of the Government;

In view of Decree No. 2008-362 of 7 April 2008 on the distribution of the services of the State and the control of public institutions, national societies and public participation societies between the Presidency of the Republic, the Primature and the Departments;

The Council of State heard at its meeting on 14 December 2004.

On the report of the Minister of State, Minister of Infrastructure, Land Transport, Telecommunications and Tics,

TITLE I. GENERAL PROVISIONS.

Article 1. - The provisions of this Decree shall apply to road transport of persons and goods, whether public or private.

Art. 2. The provisions of this Decree shall not apply to:

1. The carriage of goods by vehicles with a payload of not more than 2,000 kilograms;

2. Road transport carried out by vehicles assigned to specific transport operations referred to in Article 28 of Act No. 2003-04 of 27 May 2003 on the direction and organisation of ground transport.

The conditions for the organisation of these types of transport are set by ministerial or inter-ministerial orders.

Article 3. - Joint transport, passengers and goods in the same vehicle shall be prohibited throughout the national territory.

TITLE II. -PUBLIC ROAD TRANSPORT OF PERSONS AND GOODS.

Chapter I. -General.

Article 4. - The following are deemed public road transport of persons or goods, transport services carried out by means of a road vehicle for consideration or in exceptional circumstances, free of charge on behalf of third parties by natural persons or Corporations
Allowed for this purpose.

Article 5. - Natural or legal persons carrying on a road transport activity of persons or goods shall be authorised by the Minister responsible for road transport.

Article 6. - Every natural person applying for a public motor carrier licence for a person or goods must:

-proof of registration in the trade register;

-to justify that he is a national of Senegal or a national of one of the Member States of UEMOA or of a third country granting reciprocity to Senegalese nationals;

-to comply with the provisions laid down in Articles 92, 93 and 94 of the Treaty of Economic and Monetary Union of West African States (UEMOA) of 10 January 1994;

-to satisfy the status of a trader in accordance with the uniform act on the general commercial law of the Organisation for Harmonisation of the Law of African Affairs (OHADA).

Art. 7. - Any legal person applying for a public carrier licence of persons or goods must file its articles and justify:

-whether it is Senegalese or that of a member country of UEMOA or a third country granting reciprocity to Senegalese legal persons;

-that its capital is subscribed for more than 50 % by Senegalese nationals;

-that it is constituted in accordance with the national legislation and the provisions of Articles 92, 93 and 94 of the UEMOA Treaty of 10 January 1994.

Art. 8. The conditions for the issue, validity and renewal of the approval of a public road transport operator shall be fixed by order of the Minister responsible for road transport.

Article 9. - The approvals granted to natural and legal persons on the date of entry into force of this Decree shall remain valid.

Article 10. - Approval shall be withdrawn in full by order of the Minister responsible for land transport following the reasoned opinion of the Director of Land Transport in the event of the liquidation of the property, the conviction of any penalty for acts contrary to the Commercial probity and extended cessation of activity for a minimum of 12 months.

The withdrawal may be final or limited to a period of three, six or twelve months and may under no circumstances be eligible for compensation.

Article 11. - The vehicle assigned to the public road transport of persons or goods shall be equipped with a transport authorisation issued by the Director of Land Transport.

This authorisation, which is a recognition of the right of exploitation, is attributed to each vehicle.

It specifies, among other things, the number of passengers authorised, the payload, the routes and the areas served.

The conditions for the granting of the transport authorisation shall be determined by order of the Minister responsible for road transport.

The public road transport authorisations of persons and goods issued on the date of entry into force of this Decree shall remain valid.

The authorisation shall be withdrawn in full by the Director of Land Transport, after the reasoned opinion of the Head of the Regional Division of Land Transport competent, in the event of the liquidation of the goods, of conviction to any penalty for facts Contrary to commercial probity and extended cessation of activity for a minimum of 12 months of the natural or legal person operating the vehicle.

The withdrawal may be final or limited to a period of three, six or twelve months and may under no circumstances be eligible for compensation.

Article 12. - Vehicles for which public road authorizations have been issued must, in addition to the regulatory approval, have on board:

-for passenger vehicles, road maps;

-for the transport vehicles of goods the letters of consignment or the receipts corresponding to their loading.

An order of the Minister responsible for Road Transport will determine the types of road map and consignment note.

Article 13. - The transport authorisation shall be presented at the request of the officers of the public force and of the road controllers duly authorised for that purpose. It shall be used only for the vehicle to which it relates, in accordance with the provisions of paragraph 3 of Article 11.

Chapter 2. -Intercity public road transport of persons and goods.

Art. 14. - Inter-city public road transport of persons or goods shall be deemed to have been carried out for pecuniary interest or, in exceptional cases, on behalf of third parties by natural or legal persons authorised for that purpose.

Such transport shall be carried out on a route connecting at least two agglomerations which do not share the same urban perimeter.

Article 15. - In addition, inter-city road public transport of persons or goods shall be governed by the provisions of Articles 4 to 13 of this Decree.

TITLE III. -URBAN PUBLIC TRANSPORT OF PERSONS.

Art. 16. - The following shall be considered to be urban public transport of persons, the transport services of persons carried out for consideration or, exceptionally, free of charge within an urban area.

Among the urban public transport of persons are:

-public transport of persons carried out with a vehicle of more than five places, including the driver;

-transport services by metro;

-transport services carried out by tram or light rail;

-passenger services by train.

Article 17. - Not considered to be urban public transport, within the meaning of this Decree, transport by ambulance, by road vehicles of funeral pumps, the services of on-road vehicles of leasing companies and tourist companies.

The conditions for the organisation of these types of transport are set by ministerial or inter-ministerial orders.

Article 18. - In the Dakar region, the Conseil Executive des Transports Urbains de Dakar (CETUD) carries out, on behalf of the State and local authorities, the tasks defined in Articles 2 and 3 of Decree No. 2001-557 of 19 July 2001 on the powers, the The organization and operation of the CETUD.

Article 19. - The area of urban transport is defined by the competent authority.

Article 20. - For each type of public urban public transport service, the Minister responsible for Inland Transport issues transport authorisations in accordance with defined terms and conditions.

These authorisations may be limited to one route or to the whole of the urban area.

TITLE IV. -PRIVATE ROAD TRANSPORT OF PERSONS AND GOODS.

Article 21. - The following are deemed to be private road transport of persons or goods, transport services carried out by means of road vehicles by natural or legal persons for their exclusive needs by means of vehicles belonging to them or put to Their exclusive provision, and which constitute only an activity incidental to the principal activity of the natural or legal person concerned.

The following are considered private road transport of persons, the transport of children of the same persons when such transport is carried out between homes and schools frequented.

Article 22. - Vehicles assigned to private road transport of persons whose number of places allowed is greater than ten (10 or more than two (2) tonnes of payload must be in possession of a transport authorization issued by the Director of Land Transport.

Article 23. - Authorisations for private transport of persons or goods on the date of entry into force of this Decree shall remain valid.

Article 24. - The private road transport authorisation shall be allocated to each vehicle for a renewable period of two years following the conditions laid down by regulation.

It specifies, among other things, the number of persons authorised, the payload, the routes and the areas served.

Article 25. - The mere addition of goods not belonging to the natural or legal person who transports or is not part of the subject-matter of its trade, industry or operation causes the transport of its private character to be lost. In this case, the loading is considered public transport.

Article 26. - Vehicles for which private transport authorities have been issued must, in addition to the prescribed authorization, have on board:

-for passenger vehicles, road maps;

-for the carriage of goods, the letters of carriage or the vouchers corresponding to their loading.;

An order of the Minister responsible for Road Transport determines the models of road map types and car letters.

Article 27. - The authorisation shall be withdrawn in full by decision of the Director of Land Transport after the reasoned opinion of the Head of the Regional Division of Land Transport competent and without notice in the event of the liquidation of the property, of conviction to a sentence For reasons contrary to commercial probity and extended cessation of activity for a minimum of twelve months.

The withdrawal may be final or limited to a period of three, six or twelve months and may under no circumstances be eligible for compensation.

Article 28. - Authorisations for private transport of persons or goods on the date of entry into force of this Decree shall remain valid.

TITLE V. - PUBLIC AND PRIVATE RAILWAY TRANSPORT OF PERSONS OR GOODS.

Article 29. - The infrastructure of the national railway network consists of:

-land of right of way;

-track elements: body and platform of the track, including embankments, trenches, drains, rigoles, pits, aqueducts, slope protection plantings, passenger and freight docks, shoulders and runways, fence walls, hedges Vivid, palisades

-works of art: rail, viaducts, culverts and other railway crossing structures; bridge, walkways, underpasses and other railway crossings by road network, or Pedestrian, tunnel, retaining walls and stone-fall protection works;

-road and pedestrian crossings, including facilities for road safety or pedestrian traffic safety;

-track superstructures, including rail and back rails, ties and stringers, ties, ballast, including gravel and sand, track devices;

-carriageways for passenger and goods courses, including installations for the production, processing and distribution of electrical energy for the signalling and telecommunications service;

-installations for the processing, transmission and distribution of electric current for the traction of trains, substations, power lines between the substations and the contact wires, catenaries and support;

-building of stations, halts and passenger terminals, terminal buildings and freight terminals;

-buildings specifically assigned to the infrastructure service;

-public lighting installations on the approaches to train stations and passenger and freight courses.

Article 30. - Moveable assets, even associated with real property referred to in section 29, are not part of the railway infrastructure.

Article 31. - The control of the work of new railway infrastructures shall be carried out by the State or by a public body designated by the State, or by a
Private person under a grant agreement approved by Order in Council.

Article 32. - The national railway network is part of the state's public damage and is the national railway.

S. 33. - The master plan for the long-term development of the national railway network shall be established and updated by decree on a joint proposal by the Minister responsible for regional planning and the Minister responsible for land transport.

The inclusion of a railway infrastructure in the master plan shall entail the reservation of the right-of-way for the establishment of the railway infrastructure in the land use plans developed by the local authorities.

The obligation is made for the said local authorities to contribute in relation to the services of the State to their preservation; the arrangements for the application of this provision shall be fixed by decree.

Article 34. - Right-of-way lands are acquired by the State or on behalf of the State. The work of the railway infrastructure shall be incorporated into the national railway network from the date of receipt of the work.

Article 35. - By railway operation we mean:

-the management of the railway infrastructure involving the maintenance, renewal and management of the railway infrastructure, the management of railway traffic control and safety systems and the land management of the Railway public domain;

-and the technical and commercial operation of rail freight or passenger services.

Article 36. - The State may sign concession agreements with third parties relating to:
(a) on the management of the railway infrastructure of all or part of the national railway network (infrastructure management concession);

(b) on the technical and commercial exploitation of the rail transport services of goods and/or passengers of all or part of the network (concession for the operation of transport services);

(c) on the management of the railway infrastructure of all or part of the national railway network and on the technical and commercial operation of rail transport services of goods and/or passengers on the same part of the network (an integrated concession for infrastructure management and the operation of transport services).

The concession agreements specify the conditions under which the infrastructure may be used by transport operators
Rail transport authorisation and set the terms and conditions for determining the tolls for the use of the infrastructure provided by
The rail operator to the infrastructure manager.

The above mentioned conventions may also be subject to the concession of works of railway infrastructure relating to the part of the network
National railway to be managed by the concessionaire.

The concession agreements are approved by decree.

Article 37. - The State may issue authorisations for railway transport to natural or legal persons. The authorisation shall specify the type, route of transport and railway infrastructure on which transport may be carried out.

The conditions for the issue of the rail authorisations referred to in this Article shall be laid down by decree.

Article 38. - The railway transport operator holding a rail transport authorisation shall, where appropriate, with the railway infrastructure manager concerned an agreement for the use of the railway infrastructure. This Convention allows the use of the infrastructure only for the operation of the transport services for which the authorisation is granted.

Article 39. - The concession agreement shall lay down in particular the conditions for the operation of the trains of the railway operator and the amount of the toll of the use of the railway infrastructure paid by the rail transport operator to the Railway infrastructure manager. The amount of the toll shall be determined in reference to the terms specified in the infrastructure concession agreement used.

Article 40. - The railway infrastructure manager shall ensure the land management of the railway public domain in accordance with the conditions laid down in the concession agreement.

Article 41. - Transport operators operating on the national rail network of commercial rail transport services of goods and/or passengers shall freely define the nature, configuration, technical and commercial organisation Taking into account their commercial interest and profitability.

These services are operated:

-either as part of an integrated concession for the management of infrastructure and the operation of a transport service;

-under the authority of a rail transport authorisation.

Article 42. - The price of the commercial services referred to in Article 41 above shall be fixed in accordance with tariffs laid down freely and made public by rail transport operators or in accordance with specific contracts concluded with their customers.

Article 43. - The configuration and pricing of rail services for the carriage of goods and passengers carried out under the public service obligation shall be determined by the concession agreement or the operating authorisation.
They shall be carried out in accordance with the conditions laid down in the concession agreement or the authorisation to operate in reference to the general principles of compensation set out in Article 16 of Act No. 2003-04 of 27 May 2003 on guidance and Organization of ground transportation.

Article 44. - The undertakings concessionaires and the undertakings holding a railway operation authorisation referred to in Articles 36 and 37 of this Decree shall be compulsorily constituted as limited-liability companies governed by Senegalese law.

By way of derogation from the provisions of the above subparagraph, however, authorisations for the exploitation of railway transport may be granted to undertakings other than Senegalese law where the purpose of the licence is to carry out the operation on the network National railway of part of an international rail transport.

TITLE VI. -CONTROL AND SANCTIONS.

Article 45. - The control of compliance, by public transport undertakings of persons and goods, of social regulation, of the rules of safety and of technical control, is exercised by the authorised services of the State.

Art. 46. - Infringements of this Decree shall be recorded by minutes drawn up by the officers of the competent services of the State.

They are subject to the penalties laid down in Article 35 of Act No. 2003-04 of 27 May 2003 on the direction and organisation of land transport.

Article 47. - All provisions contrary to this Decree shall be repealed, in particular Decree No. 63-545 of 31 July 1963 on the regulation of public and private road transport of goods and passengers.

Article 48. - The Minister of State, Minister of the Interior, the Minister of State, Minister of the Economy and Finance, the Minister of State, Minister of Justice and the Minister of Justice, the Minister of State, Minister of the Armed Forces, the Minister of State, Minister of State Mines, Industry and SMEs, the Minister of State, Minister of Infrastructure, Land Transport of Telecommunications and Tics, the Minister of State, Minister of Town Planning, Housing, Urban Hydraulics, Public Hygiene and Of sanitation, the Minister of Energy shall each be responsible for the The execution of this Decree, which shall be published in the Official Journal.

Done at Dakar, 22 May 2008.

Abdoulaye WADE.

By the President of the Republic:

The Prime Minister,
Cheikh Hadjibou SOUMARE.