On May 16, 2025, Directorial Resolution N° 010-2025-MTC/18 was published in the Official Gazette “El Peruano”, which approved the “Guidelines for the application of road hierarchization and the content of the Technical Report of the Road Hierarchization proposal” (the “Guidelines”). Said standard constitutes an instrument to standardize the criteria in the attention of requests of the Road Hierarchization process, related to the application of the new Road Hierarchization Regulation, approved by Supreme Decree N° 015-2024-MTC (the “New Regulation”).
It should be taken into consideration that the New Regulations were published on September 14, 2024 in the Official Gazette “El Peruano”, but only the Eighth and Ninth Final Complementary Provisions became effective the day after the aforementioned publication. The effectiveness of the remaining provisions was subject to a term of 20 calendar days from the date of publication of the Guidelines. In this regard, given the recent publication of the Guidelines, the New Regulations will enter into full force and effect on June 4, 2025.
The New Regulation establishes the updated technical and administrative criteria for the classification of roads in the national territory, as well as the declaration of restricted access areas or roads, with the purpose of optimizing the investment and operation of road infrastructure. This regulation replaces the previous regulation approved by Supreme Decree N° 017-2007-MTC.
The most relevant aspects of the New Regulation are listed below:
SINAC will be composed of the following three levels: (i) the National Road Network, (ii) the Departmental or Regional Road Network, and (iii) the Provincial Road Network (which replaces the Neighborhood or Rural Road Network under the previous regulation). Likewise, it is foreseen that the Urban Road Network and Rural Roads will be in charge of the Local Governments, but will not be part of the SINAC.
Unlike the previous regulation, which regulated in a general manner the processes for road classification and reclassification, the new regulation establishes a more detailed regulation on this matter. Thus, specific provisions are developed for each type of process (classification, definitive or temporary reclassification, modification and de-hierarchization), requiring technical reports, georeferenced information and coordination between levels of government. These requests must be evaluated and approved by the Ministry of Transportation and Communications (“MTC”) through a Ministerial Resolution.
The New Regulation introduces additional criteria to classify roads in the National Road Network, linked to the interconnection between routes, articulation with zones of socioeconomic influence and logistic connection. In the same line, a new criterion is introduced for the Departmental Road Network, referring to the fact that the road must support long distance traffic in its geographical area and allow the creation of transport circuits with other national and/or provincial roads. The Provincial Road Network is also redefined, adding criteria for its classification that strengthen its articulating function at the interdistrict level (such as interconnecting the capital of the province with the capitals of its districts or these with each other).
The new regulation significantly broadens the criteria for declaring restricted access areas or roads, incorporating technical, environmental and safety factors. New factors include internal and external geodynamics, protection of natural areas, the need for exclusive lanes for public transportation, and protection of vulnerable people. In addition, it requires the development of a pilot plan, monitoring and evaluation measures, as well as the mandatory installation of signage in accordance with MTC manuals.
For further information, please contact Veronica Sattler (vsattler@estudiorodrigo.com) and/or Andrea Morelli (amorelli@estudiorodrigo.com).