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Transport and Communications Alert – May 2020

ALERT- TRANSPORT AND COMMUNICATIONS

Sectoral health guidelines and protocols were adopted for the resumption of economic activities under the scope of the transport and communications sector

Thorugh Supreme Decree No. 080-2020-PCM, the gradual and progressive resumption of economic activities in Peru and the continuation of those that have been operating exceptionally were adopted. Said regulatory framework obliges economic operators to prepare the necessary health protocols for the resumption of activities, which must be met with the Guidelines for the surveillance of the health of workers exposed to COVID-19, adopted by the Ministry of Health through Ministerial Resolution No. 239-2020-MINSA, as well as sectoral protocols adopted by the respective authorities.

Taking into account this legal framework, on May 7, Ministerial Resolution No. 258-2020-MTC/01 (“RM 258”) was published, which adopted, among others, the sectoral health protocols applicable to various activities under the scope of the Ministry of Transport and Communications. The adopted protocols are as follows:

(i) “Sectoral health protocol for the prevention of COVID-19 for telecommunications services” (Annex I of RM 258), which applies to telecommunications service operators, their contractors, suppliers and business partners.

 (ii) “Sectoral health protocol for the prevention of COVID-19, in the provision of special air transport, air work and other related activities of civil aeronautics” (Annex II of RM 258), which applies to all natural persons or legal persons providing special air transport services (which includes the transport of workers from authorized activities), air work and other related activities in civil aeronautics. The protocol applies to daily work and particularly in each of its aeronautical operations and is applicable to its workers, subcontractors and all those who are involved in the aeronautical operation in question.

(iii) “Sectoral health protocol for the prevention of COVID-19, in air transport of cargo” (Annex III of RM 258), which applies to regulated entities that are part of the air transport of cargo process. A regulated entity means a natural or legal person who must comply with the aeronautical regulations applicable to its operation and/or holds a certificate or authorization issued by the General Directorate of Civil Aeronautics.

(iv) “Sectoral health protocol for the prevention of COVID-19, in land and rail transport of cargo and goods and related activities at the national level” (Annex IV of RM 258), which is mandatory for natural and legal persons providing the service of land and rail freight and goods and related activities at the national level, drivers, drivers or carriers and participants in related activities.

(v) “Sectoral health protocol for the prevention of COVID-19, in the water and river transport of cargo and goods and related activities at the international, national and regional level” (Annex V of RM 258), which is mandatory for natural and legal persons providing the water and river transport of cargo and goods as well as related activities at the national level, operators, captains or skippers of the ship and participants in the related activities.

(vi) “Sectoral health protocol for the prevention of COVID-19, in the special public passenger transport service in the taxi mode and in smaller vehicles” (Annex VI of RM 258), which is mandatory, throughout the national territory, by the operators, drivers and users of the special public passenger transport service in the taxi mode and of the special public passenger service using minor vehicles.

(vii) “Sectoral health protocol for the prevention of COVID-19, in the regular passenger transport service at the provincial level” (Annex VII of RM 258), which applies to: (i) service operators authorized to the provision of regular passenger transport services at the provincial level, regulated in the National Transport Administration Regulations, adopted by Supreme Decree No. 017-2009-MTC; (ii) the human resource involved in any stage of the provision of the aforementioned transportation service; and, (iii) users using the regular transportation service for people at the provincial level.

(viii) “Sectoral health protocol for the prevention of COVID-19, in the transport of workers at the national, regional and provincial level” (Annex VIII of RM 258), which is mandatory for operators, drivers and users of the special passenger transport service in the mode of transport of workers, as well as in the mode of tourist transport, as their services are reactivated, at the national, regional and provincial levels, regulated in the National Regulations for Transport Administration, adopted by Supreme Decree No. 017-2009-MTC.

Once the respective protocols have been prepared by the private ones, and in accordance with Supreme Decree No. 080-2020-PCM, these must be registered in the system specially enabled by the Ministry of Health for the emergency (SICOVID-19), following the procedure adopted in the relevant guidelines.

For more information, please contact Alejandro Manayalle (amanayalle@estudiorodrigo.com) or Diana Briones (dbriones@estudiorodrigo.com).