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Transport and Communications Alert – July 2020

ALERT- TRANSPORT AND COMMUNICATIONS

Administrative procedures are adopted for granting the benefit of a differentiated toll rate in the non-concessioned National Road Network and authorizations for the use of vehicles in the National Road Network.

On July 7, 2020, Supreme Decree No. 015-2020-MTC (the “Supreme Decree”) was published in the Official Gazette “El Peruano”, through which the Ministry of Transport and Communications (“MTC”) adopted the administrative procedures for granting the benefit of a differentiated toll rate in the non-concessioned National Road Network (the “Differentiated Toll Rate”) and authorizations for the use of vehicles in the National Road Network that carry out activities that generate alteration of road capacity and traffic interference in the Public Road Infrastructure of the National Road Network.

Regarding the benefit of the Differentiated Toll Rate, the following stand out:

• This benefit is only applicable for non-concessioned toll units of the National Road Network. In the toll units of the National Road Network under concession, the rates established in the Public-Private Partnership contracts or corresponding concession contracts apply.

• The ranges of the Differentiated Toll Rate shall be determined by Board of Directors Resolution of the Special Project of National Transport Infrastructure of the MTC (“PROVÍAS NACIONAL”), depending on the use of the public road of the National Road Network.

• The following are beneficiaries of the Differentiated Toll Rate:

(i) Natural and/or legal persons providing public passenger transport services or goods transport services, on routes no greater than eighty kilometers from the length of the National Road Network subject to the payment of a toll, whose benefit is valid for one year and may be extended for equal periods.

(ii) Local and Regional Governments with respect to the vehicles of their property that are destined to provide public services and those that provide citizen security using the National Road Network, whose benefit shall have indeterminate validity; and

(iii) Natural persons owning a maximum of three vehicles for private use, whether light and/or heavy, who are residents of a locality where a toll station or unit is located at a distance of not more than ten kilometers and who use the National Road Network for an average of thirty kilometers to carry out their daily activities, whose benefit shall be valid for five years and may be extended for equal periods.

On the other hand, the Supreme Decree establishes that in order to carry out activities that generate alteration of road capacity and traffic interferences in the Public Road Infrastructure of the National Road Network, the applicants must obtain, as appropriate, the following authorizations from PROVÍAS NATIONAL: (i) Authorization for the use of special vehicles of categories N and O; (ii) Authorization to transport special goods in special or non-specialized vehicles with a gross vehicle weight greater than forty-eight tons up to sixty tons and traveling in convoys; (iii) Authorization to transport special goods in special or non-specialized vehicles with a gross weight greater than sixty tons and traveling in convoys; (iv) Authorization for the transport of special goods exceeding the maximum allowed dimensions and travel by convoy; and (v) Authorization for the use of special vehicle combinations.

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