Public Services Alert – February 2020

Approval of the Regulations of the Special Administrative Penalties Procedure for Summary Processing in Matters of Transport and Land Transit

On Sunday, February 2, 2020, the Supreme Decree No. 004-2020-MTC was published in the Official Gazette “El Peruano”, which approves the “Regulations of the Special Administrative Penalties Procedure for Summary Processing in Matters of Transport and Land Transit, and its ancillary services attached to it” (hereinafter referred to as “The Regulation”).

The aim of the Regulation, which will enter into force after 45 calendar days of its publication, is to unify the administrative procedures for the administrative penalties procedure for summary processing in matters of transport and land transit. Among the provisions of the Regulation, the following stand out:

• The Regulation applies to any natural or legal person carrying out the activities of land transport of persons, cargo and complementary goods or services, as well as to natural persons transiting on public roads. The Regulation does not apply to the transport of hazardous materials and/or waste by rail.
• The administrative sanction processing shall begin with the notification of the charge allocation to the person adversely affected, which may be the Audit Act, the Traffic Infraction Ballot or the initiation resolution, as appropriate.
• Once proceedings have been initiated, the person adversely affected may argue in their defence regarding the imputation made or make the voluntary recognition of the infraction within five working days of the notification. If the person concerned opts for voluntary recognition, he or she shall be entitled to a reduction in the respective fine.
• At any stage of the procedure, prior to the issuance of the Final Resolution, the competent authority may extend or vary the charges being pressed. In that case, the person adversely affected must be granted a period of five working days to submit their defence.
• Upon receipt of the answer to the charges,the competent authority shall issue a Final Inquiry Report, in which it presents its conclusions on the alleged infraction, in a duly reasoned manner. In the event that the Final Inquiry Report concludes the existence of responsibility, the person adversely affected may submit their defence within five working days extendable by five additional working days.
• Once the Final Inquiry Report has been received and the acquittals, if applicable, will be issued the Final Resolution that concludes the administrative procedure, either confirming the existence of responsibility or filing the procedure.
• The Final Resolution may be appealed only, within 15 working days of its notification.

Finally, the Regulation will not applied to pending procedures, which will continue to be governed by the rules under which they were initiated.

For more information, please contact Verónica Sattler (vsattler@estudiorodrigo.com), Alejandro Manayalle (amanayalle@estudiorodrigo.com) and/or Diana Briones (dbriones@estudiorodrigo.com).