Regulatory Alert – June 2022


Publication of Draft Supreme Decree adopting Road Hierarchy Regulations


On May 26, 2022, Ministerial Resolution Nº 426-2022-MTC/01 was published in the Official Gazette “El Peruano”, by which it was ordered the publication of the Draft Supreme Decree adopting the Road Hierarchy Regulation (the “Draft”), a rule that : (i) regulates the process of prioritizing the roads that make up the National Road System; (ii) establishes the criteria for the hierarchy of roads, in order to guide investment and operation decisions; and (iii) determines the guidelines applicable to the declaration of restricted access areas or roads.

The Draft aims to make substantial modifications to the Road Hierarchy Regulation currently in force, adopted by Supreme Decree Nº 017-2007-MTC, in order to make the regulation compatible with the current technical and legal situation.

The Draft proposes, among others, the following main modifications:

1. Article 11 of the Draft indicates that the request for road hierarchy shall be submitted to the head of the MTC, attaching a Technical Report that includes the geographic coverage, information on road management, functional and physical characteristics of the route, among other requirements specified in the Annex of the rule. It also clarifies that the proposed road must not have interventions related to road management.

2. Article 16 of the Draft states that the request for the updating of the geometric axis or the trajectory or for the withdrawal of a road from the SINAC (National System of Roads) shall be submitted to the head of the MTC, for which the “Technical Report” must be attached, supporting the reasons for the request, including, for example, the incorporation of the route within a project of national influence, natural disasters, reasons of national security or because the road is disabled.

3. Article 26 of the Draft adds that for the declaration of restricted access areas or roads, a “Legal Technical Report” must be submitted, the contents of which must include a speed analysis on the road and vehicular flows in the area, identifying the class of vehicles and the times during which the problem occurs; a cost-benefit analysis of the restriction measure, valuing the savings in time for the vehicular flow benefited by the measure, as opposed to the restricted vehicular flow and an analysis regarding the impact on productivity and competitiveness, among other requirements.

The Draft shall be subject to comments and/or contributions from public and private entities and citizens in general, within a period of twenty (20) working days from the publication of Ministerial Resolution Nº 426-2022-MTC/01, which shall expire on June 27, 2022.

For further information, please contact Verónica Sattler (, Alejandro Manayalle ( or Diana Briones (