The exceptional regime to carry out the transport service of workers is amended
On September 1, 2020, Supreme Decree No. 017-2020-MTC (the “Supreme Decree“) was published in the Official Gazette “El Peruano”, through which the Ministry of Transportation and Communications (“MTC“) amended the Thirty-Third Transitory Complementary Provision of the National Regulations for the Administration of Transportation adopted by Supreme Decree No. 017-2009-MTC (the “Regulation”), which regulates the exceptional regime to carry out the transportation service of workers (the “Exceptional Regime”).
It must be noted that the Exceptional Regime was established by Supreme Decree No. 011-2020-MTC, published on May 15, 2020, in order to allow authorized carriers to provide the regular passenger transport service and the special passenger transport service to provide the special worker transport service, exceptionally and temporarily, due to the impact of the measures in place to prevent the spread of COVID-19.
The amendments made to the Exceptional Regime by the Supreme Decree include the following:
– It is established that the Exceptional Regime is applicable to carriers that have an authorization in force as of March 15, 2020 to provide (i) the regular passenger transport service at national and regional levels; and (ii) the special passenger transport service in the tourist or student transport modes, at the national, regional and provincial levels (the “Services”).
– The following conditions are provided for the application of the Exceptional Regime:
(i) The authorization to provide the Services at the national level entitles the provision of transport service for workers at the national, regional and provincial levels.
(ii) The authorization to provide the Services at the regional level entitles to provide the transport service for workers at the regional and provincial levels.
(iii) The authorization to provide the Services at the provincial level entitles to provide the transport service for workers at the provincial level.
– It is specified that the above conditions are also applicable to carriers that have an authorization in force as of March 15, 2020 to provide the transport service for workers at the national, regional and provincial levels, respectively.
– It is indicated that the written communication as an affidavit to be sent by carriers for the use of the Exceptional Regime to the authority that issued the original authorization must comply with the following requirements: (i) record the general data of the carrier (RUC , corporate name, city or cities in which the service shall be provided and the license plates of the vehicle units); and (ii) indicate that the operating conditions required to benefit from this regime and with the Sectoral Guidelines for the Prevention of COVID-19, issued by the MTC, that correspond, are met.
– The maximum date to provide the service established in the Exceptional Regime is on October 31, 2020.
– It is provided that the carriers authorized to provide the Services that benefit from the Exceptional Regime may provide both the authorized Service and the special service for transporting workers; however, they may not allocate a vehicle unit for both services in the same journey.
– It is pointed out that carriers using the Exceptional Regime may not allocate a vehicle unit for different territorial areas in the same journey, specifying that failure to comply with this provision shall lead to the issuance of a control certificate or the beginning of a sanctioning procedure, as appropriate.
– It is provided that the carriers that use the Exceptional Regime must provide the driver with: (i) the service contract in original or a copy with certain minimum information; and (ii) the manual user manifest with certain minimum information about the users of the service. It is specified that failure to comply with this provision shall lead to the issuance of a control certificate or the initiation of a sanctioning procedure, as appropriate.
– It is added that legal entities that have valid authorization to provide the transport service for workers, in addition to having authorization to provide the tourist transport service, may use the vehicle fleet enabled for both services for which they must comply with the conditions and considerations of the Exceptional Regime.
For further information, please do not hesitate to contact Verónica Sattler (vsattler@estudiorodrigo.com) and/or Diana Briones (dbriones@estudiorodrigo.com)
