ALERT- TRANSPORT AND COMMUNICATIONS
Sanctions are established for non-compliance with the sectoral guidelines for the prevention of COVID-19 in the land transport service and other provisions in the transport sector are amended
On July 19, 2020, Supreme Decree No. 016-2020-MTC (the “Supreme Decree“) was published in the Official Gazette “El Peruano”, through which the Ministry of Transport and Communications (“MTC“) establishes the applicable sanctions for non-compliance with the sectoral guidelines for the prevention of COVID-19 in the land transport service and amends other provisions in the transport sector.
The Supreme Decree states that:
- The “Table of Infringements and Sanctions on the sectoral guidelines for the prevention of COVID-19 in the provision of the land transportation service” (the “Table”) is incorporated in the National Regulations for Transportation Administration, adopted by Supreme Decree No. 017-2009-MTC (the “RNAT”).
- Article 105 of the RNAT is amended, specifying that the benefit of reducing the fine for prompt payment is not applicable to the infringements established in the Table.
- The corresponding provisions of the RNAT are amended to include non-compliance with the protocols and sectoral guidelines for the prevention of COVID-19 as cases in which the competent authority may apply preventive measures of retention of driver’s license, precautionary suspension of service, interruption of the journey or precautionary suspension of the authorization of the vehicle or the driver, respectively.
- The application of the accumulated maximum daily driving day, established in numerals 30.2 and 30.9 of article 30 of the RNAT, is suspended until September 9, 2020, the same that remains until that date established in twelve (12) hours in a twenty-four (24) hour period.
- The deadline of five (5) working days is established for the District Municipalities to incorporate into their respective ordinances the infringements and sanctions for non-compliance with the protocols and sector guidelines for the prevention of COVID-19 in the case of carriers authorized to perform the Special Public Transport Service for Passengers in Minor Vehicles, in accordance with the National Regulations for Special Public Transport for Passengers in Motorized or Non-Motorized Vehicles, adopted by Supreme Decree No. 055-2010-MTC.
- The validity of the provisions of Supreme Decree No. 015-2020-MTC is suspended until December 31, 2020 regarding the administrative procedures for granting the benefit of a differentiated toll rate in the non-concessioned National Road Network and for granting authorizations for the use of vehicles that carry out activities that generate alteration of road capacity and interferences to traffic in the Public Road Infrastructure of the National Road Network, specifying that during said suspension, Board of Directors Resolution No. 008-2008-MTC/20 adopted by Board of Directors Resolution No. 2226-2008-MTC shall continue to apply as appropriate.
For more information, please contact Verónica Sattler (vsattler@estudiorodrigo.com) and/or Diana Briones (dbriones@estudiorodrigo.com).
