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Transport and Communications Alert – June 2020

ALERT- TRANSPORT AND COMMUNICATIONS

The Regulation of the Act that promotes and regulates the use of bicycles as a sustainable means of transport is adopted, and other regulations of the transport sector are amended

On June 4, 2020, Supreme Decree No. 012-2020-MTC (“Supreme Decree“) was published in the Official Gazette “El Peruano”, which: (i) adopts the Regulations of Law No. 30936, “Act that promotes and regulates the use of bicycles as a sustainable means of transport ”(“Regulation”); (ii) amends the National Traffic Regulations, adopted by Supreme Decree No. 033-2001-MTC; and (iii) amends the National Regulation of Road Infrastructure Management, adopted by Supreme Decree No. 034-2008-MTC.

The Regulation aims to promote the use of bicycles as a sustainable means of transport through the development of measures in the areas of education, work, urban development and infrastructure. Among the provisions of the Regulations, the following stands out:

  • The promotion of the use of bicycles by workers as a means of transport to get to their workplace shall be considered for the recognition of good labor practices promoted by the Ministry of Labor and Employment Promotion as a preventive activity of occupational health and health risks.
  • The Regional and Local Governments must consider in their objectives and institutional strategic actions, as well as in their operational activities and investments, the construction and adaptation of the cycling and complementary cycling infrastructure, prioritizing the satisfaction of passability, accessibility and safety conditions for pedestrians and cyclists to be able to move around, with due regard for their status as vulnerable road users.
  • Local Governments must consider in the formulation, approval, implementation and amendment of the urban planning instruments and urban management instruments, the construction and adaptation of the cycling and complementary cycling infrastructure; as well as the interconnectivity of cycling infrastructure with integrated transport systems, so as to ensure the safe movement of pedestrians and cyclists.
  • For the construction, adaptation and maintenance of the cycling and complementary cycling infrastructure, the competent authorities shall plan their inclusion in the Multi-Annual Investment Programming, for their formulation and evaluation, execution and operation, according to the investment cycle of the Projects of Investment or, failing that, optimization, marginal expansion, replacement or rehabilitation investments, as appropriate.
  • The properties of public or private entities must have bicycle parking facilities at a rate of 5% of the net area allocated to parking spaces for vehicles, with exceptions. Circulation areas and/or common areas are not included in this percentage.
  • The Provincial and District Municipalities must implement a “Public Bicycle System” in their respective jurisdictions, being able to use the public and private investment mechanisms provided in the current regulations, considering the evaluation of the management, financing, operation, means of payment, tariff integration and maintenance model, among others to ensure their operation and sustainability.

On the other hand, with regard to the National Traffic Regulations, the Supreme Decree amends and incorporates, among other aspects, provisions related to: (i) the use of cycling vehicles; (ii) cycling and other cycles; and (iii) the regime of infringements, sanctions and preventive measures applicable to land traffic. Likewise, the Supreme Decree stipulates that the ballots imposed for the commission of infringements of bicycle drivers or other cycles shall be of an educational nature for a year.

With regard to the National Regulation of Road Infrastructure Management, the Supreme Decree amends and incorporates, among other aspects, provisions related to the definition of guidelines for technical standards allowing the progressive implementation of elements of sustainable mobility to be included in road infrastructure management planning.

Finally, it must be pointed out that private investment projects that have signed contracts, as well as projects under construction shall remain subject to the regulations in force until before the Supreme Decree enters into force.

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