Key Benefits:
FEDERAL ROADS, BRIDGES AND SELF-TRANSPORTATION LAW
Official Journal of the Federation December 22, 1993
Last reform published in the DOF on June 4, 2014
On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.
CARLOS SALINAS DE GORTARI, Constitutional President of the United Mexican States, to its inhabitants known:
That the H. Congress of the Union has served to address the following
DECREE
" THE CONGRESS OF THE MEXICAN UNITED STATES, D E C R E T A:
FEDERAL ROADS, BRIDGES, AND SELF-TRANSPORTATION LAW
TITLE FIRST
OF THE ADMINISTRATIVE REGIME OF FEDERAL ROADS, BRIDGES AND SELF-TRANSPORTATION
CHAPTER I
LAW ENFORCEMENT SCOPE
Article 1o. This Law is intended to regulate the construction, operation, operation, conservation and maintenance of the roads and bridges referred to in the following Article s (I) and (V), which constitute general routes of communication; as well as the federal self-transportation services they operate in, their auxiliary services and transit on those routes.
Article 2o.- For the purposes of this Act, it is understood by:
I. Roads or roads:
a) Those who enter with some foreign country path.
b) Those who communicate to two or more Federation states; and
c) Those that in whole or in most part are built by the Federation; with federal funds or through federal grants by individuals, states or municipalities.
II. Carta de Porte: It is the legal title of the contract between the sender and the company and for its content will be decided the questions that are raised in connection with the transport of the things; it will contain the mentions that the Code of the matter demands and will take the effects to be determined on it;
III. Right of way: Strip of land that is required for the construction, conservation, extension, protection and in general for the proper use of a general route of communication, whose width and dimensions fixed the Secretariat, which may not be less than 20 meters at each side of the road axis. In the case of two-body roads, it shall be measured from the axis of each of them;
IV. Parators: facilities and buildings adjacent to the right of way of a federal highway providing accommodation, food, health services, services to vehicles and communications, to which access is provided from the road;
V. Bridges:
a) Nationals: Those built by the Federation; with federal funds or through federal grant or permission by individuals, states or municipalities on federal roads, or general communication pathways; or to save topographical obstacles without connecting with roads in a neighbouring country, and
b) International: Those constructed by the Federation; with federal funds or by federal concession by individuals, states or municipalities on the currents or general lines of communication that form part of the dividing lines
VI. Secretariat: The Secretariat for Communications and Transport;
VII. Auxiliary Services: Those who are not part of the federal passenger, tourism or cargo self-transport, complement their operation and operation;
VIII. Service of self-transport of cargo: The carrying of goods to third parties on roads of federal jurisdiction;
IX. Passenger self-transport service: The one that is provided on a regular basis subject to schedules and frequencies for the departure and arrival of vehicles;
X. Tourism self-transport service: the one that is provided on a non-regular basis for the transfer of people for recreational, cultural and leisure purposes to centres or areas of interest;
XI. Parcel and courier service: The carrying of packages duly wrapped and rolled or with packaging that allows them to be moved and which is provided to third parties on the roads of federal jurisdiction;
XII. Terminals: auxiliary facilities for the service of passenger transport, where the departure and arrival of buses for the ascent and descent of passengers are effected, and for the carriage of cargo, in which the the reception, storage and dispatch of goods, access, parking and exit of vehicles intended for this service;
XIII. Transit: The circulation that is performed in the general communication paths;
XIV. Private transport: It is the natural or moral person's conduct in respect of his or her respective activities, as well as persons linked for the same purposes, without thereby generating a recovery;
XV. Vehicle: Motorized transportation, including media or trailers that you drag; and
XVI. General communication paths: The roads and bridges as defined in this article.
Article 3o.- They are part of the general communication paths necessary for the right of way, the works, constructions and other goods and accessories that make up the "
Article 4o.- In the absence of express provision in this Law or its regulations or international treaties, they shall apply:
I. The Law of General Communication Vies; and
II. The codes of Commerce, Civil for the Federal District in Common Matter, and for the entire Federal Republic, and Federal of Civil Procedures.
CHAPTER II
JURISDICTION AND JURISDICTION
Article 5o. It is in federal jurisdiction everything related to the roads, bridges, as well as the transit and the federal self-transportation services that they operate and their auxiliary services.
Correspond to the Secretariat, without prejudice to those granted to other dependencies of the Federal Public Administration the following attributions:
I. Plan, formulate, and conduct policies and programs for the development of roads, bridges, federal self-transportation services, and their ancillary services;
II. Build and directly preserve roads and bridges;
III. Grant the concessions and permits referred to in this Law; monitor their compliance and resolve their revocation or termination;
IV. Monitor, verify and inspect that roads and bridges, as well as self-transport services and their ancillary services, comply with relevant technical and regulatory aspects;
V. Determine the technical characteristics and specifications of roads and bridges;
VI. Issue Mexican official rules for roads and bridges as well as self-transportation vehicles and their ancillary services;
VII. Repealed
VIII. Set the general tariff regulatory bases.
Motorcycles will have to pay 50 percent of the toll that cars pay, and
IX. Other than any other applicable legal provisions.
CHAPTER III
CONCESSIONS AND PERMISSIONS
Article 6o.- A concession is required to build, operate, operate, conserve, and maintain federal roads and bridges.
The concessions will be granted to Mexicans or companies formed in accordance with Mexican law, in the terms established by this Law and the respective regulations.
The concessions will be granted for up to 30 years. These may be extended, up to a period equivalent to that originally indicated, at any time after the first third of their validity, when, in the opinion of the Secretariat, the need to make investments is justified. have not been provided for under the original conditions of the respective award-winning titles. They may also be extended, at any time during its term of validity, where the reasons for the application are presented, not attributable to the dealers, including delays in the release of the right of way. In order to allow the extension to be considered, the concessionaire must have complied with the conditions imposed. In both cases, the Secretariat shall obtain the registration referred to in Article 34, fractions II and III of the Federal Budget and Liability Act.
The Secretariat will ultimately answer the requests for extension referred to in the previous paragraph, within a period of 60 calendar days from the date of filing. of the same duly requisitioned and shall establish the new conditions of the concession, for which it shall take into account the investment, the future costs of enlargement and improvement and the other financial and operational projections that it considers the profitability of the concession.
The concessions granted to build, maintain and maintain federal roads and bridges will be able to request in their construction characteristics to be used recycled rubber from used tyres.
Article 7o.- The concessions referred to in this chapter shall be granted by public tender, in accordance with the following:
I. The Secretariat shall, on its own or at the request of the person concerned, issue a public call for proposals to be submitted within a reasonable period of time, which shall be open on a pre-determined basis and in the presence of the parties concerned.
Where there is a request from the data subject, the Secretariat shall, within a reasonable time, issue the call or indicate to the person concerned the reasons for the failure to come within a period of not more than 90 days;
II. The call will be published simultaneously in the Official Journal of the Federation, in a newspaper of broad national circulation and in another of the entity or federative entities where the work is carried out;
III. The bases of the contest shall include at least the technical characteristics of the construction of the route or the technical project, the period of the concession, the requirements of the quality of the construction and operation; the criteria for its granting shall be mainly the prices and rates for the user, the technical project in their case, as well as the consideration offered by the grant of the concession.
IV. One or more stakeholders who demonstrate their economic solvency, as well as their technical, administrative and financial capacity, may participate and comply with the requirements laid down by the bases issued by the Secretariat;
V. On the basis of the act of opening of proposals and during the period in which they are studied and homologued, all interested parties shall be informed of those who are disposed of, and the main reasons for such determination;
VI. The Secretariat, based on the comparative analysis of the accepted proposals, will issue the ruling duly founded and motivated, which will be made known to all participants. The winning proposition shall be available to the participants for 10 working days after the failure has been made to manifest what is at their right; and
VII. The concession shall not be granted if none of the submitted proposals comply with the basis of the contest or by chance or force majeure. In this case, the contest will be declared deserted and a new call will be issued.
Article 8o.- Permission granted by the Secretariat is required for:
I. The operation and operation of the federal freight, passenger and passenger transport services;
II. The installation of interior loading terminals and verification units;
III. The drag, drag, and salvage and vehicle depot services;
IV. The parcel and courier services;
V. The construction, operation and operation of passenger terminals;
VI. The construction of access, crossing and marginal facilities, in the right of way to federal highways;
VII. The establishment of parators, except in the case of concessionary roads;
VIII. The installation of ads and advertising tokens;
IX. The construction, modification or extension of the works in the right of way;
X. The construction and operation of private bridges on general communication paths; and
XI. The private transport of persons and cargo, except as provided for in Article 40 of this Law.
The respective regulations shall indicate the requirements for the establishment, construction, operation and operation of the facilities and services mentioned above.
In the cases referred to in fractions I to III, IV and XI of this Article, permits shall be granted to anyone who complies with the requirements laid down in this Law and its rules.
The Secretariat may, in the terms of the previous article, contribute to the granting of permits in the case of ancillary services linked to the road infrastructure.
The permissions will be granted for an indefinite period, except those granted for advertisements, which will have the duration and conditions specified in the respective regulations.
Article 9o.- The permits referred to in this Law shall be granted to Mexicans or companies incorporated in accordance with Mexican law, in terms of the respective regulations.
The corresponding resolution shall be issued within a period not exceeding 30 calendar days from the date on which the duly requested application was submitted, unless the complexity of the resolution requires a longer period of time, which may not exceed 45 calendar days. In the cases referred to in the Regulation, if the time limit has not elapsed, the resolution shall be deemed to be favourable.
Article 10.- The concessions and permits referred to in this Law shall be in accordance with the provisions on economic competition.
Article 11.- The Secretariat shall carry out internally a register of the companies providing self-transport services or their ancillary services.
Article 12.- The Secretariat shall be empowered to establish modalities in the operation of roads and bridges and in the provision of self-transportation services and services. aids, only for as long as it is strictly necessary, in accordance with the respective regulations.
Article 13.- The Secretariat may authorize, within a period of 60 calendar days, from the filing of the application, the assignment of the rights and obligations established in concessions or permits, provided that they have been in force for a period not less than 3 years; that the transferor has fulfilled all its obligations; and that the transferee meets the same requirements as were taken into account for the granting of the respective grant or permit.
If the time limit referred to in this article has not been issued, the respective resolution shall be deemed to be favourable.
Article 14.- In no case will it be possible to give in, mortgage, or in any way tax or to alienate the concession or the permit, the rights in them conferred, the roads, bridges, the self-transport services and their ancillary services, as well as the goods affected by them, to no foreign government or State.
Article 15.- The grant title, as the case may be, must contain, among others:
I. The name and address of the concessionaire;
II. Object, legal bases, and the reasons for granting it;
III. The construction characteristics and the conditions for the preservation and operation of the path;
IV. The tariff regulation bases for the collection of quotas on roads and bridges;
V. The rights and obligations of the dealers;
VI. The period of validity;
VII. The amount of the reserve fund for the conservation and maintenance of the track;
VIII. The consideration to be given to the Federal Government, which will be fixed by the Secretariat of Finance and Public Credit on the proposal of the Secretariat, and
IX. The causes of revocation and termination.
Article 16.- Concessions end with:
I. Expiration of the deadline set in the title or extension that would have been granted;
II. Renunciation of the holder;
III. Revocation;
IV. Rescue;
V. Disappearance of the object or the purpose of the grant;
VI. Settlement;
VII. Bankruptcy, for which the provisions of the Law of the Matter will be in place; and
VIII. The causes provided for in the respective title.
For the termination of the permits are applicable to fractions II, III, and VI to VIII.
The termination of the concession or permit does not exempt its holder from the liabilities incurred, during its lifetime, with the Federal Government and with third parties.
Article 17.- Concessions and permissions can be revoked for any of the following reasons:
I. Failure to comply, without justification, with the object, obligations or conditions of the concessions and permissions on the terms set out in them;
II. Do not comply with the build and operation features, set in the grants and permissions;
III. Disrupt the dealership from the operation of the path wholly or partially, without justified cause;
IV. Interrupt the permissioner for the provision of the passenger self-transport service in whole or in part, without justified cause;
V. Reinfluence the application of higher rates than authorized or registered;
VI. Execute acts that prevent or tend to prevent the performance of other service providers or permissioners who are entitled to it;
VII. Do not cover compensation for damages arising from the provision of services;
VIII. Change the nationality of the dealership or permissioner;
IX. Ceder, mortgage, tax or transfer the concessions and permits, the rights in them conferred or the goods affected thereto, to any government or state or to admit these as partners of the concessionary or permit companies;
X. Ceder or transfer the concessions, permissions or rights on them conferred, without authorization from the Secretariat;
XI. Modify or substantially alter the nature or conditions of roads and bridges or services without authorization from the Secretariat;
XII. Provide services other than those flagged in the respective permission;
XIII. Do not grant or not maintain the warranty of damages against third parties;
XIV. Inconsistently enforce any of the obligations or conditions set forth in this Act or its regulations, and
XV. The others provided in the respective grant or permission.
The holder of a concession or permit that has been revoked will be unable to obtain a new concession within a period of 5 years, counted from the time the respective resolution.
Article 18.- Completed the term of the concession, and if any, of the extension that has been granted, the general way of communication with the rights of way and its services They will pass to the domain of the Nation, free of charge and free of all taxes.
CHAPTER IV
RATES
Article 19.- In case the Secretariat considers that there is no effective competition on some or some routes in the operation of the federal self-transportation service (a) passengers shall request the opinion of the Federal Competition Commission so that, in the event of a favourable outcome, the respective tariff bases are established. Such regulation shall be maintained only as long as the conditions which gave rise to it remain.
Article 20.- The Secretariat may establish the applicable rates for the operation of the Verification Units, as well as the tariff regulatory bases of the Drag, drag and rescue and vehicle storage.
In the cases referred to in this Article and the former in which tariffs are to be set, these shall be maximum and include adjustment mechanisms for the provision of services. under satisfactory conditions of quality, competitiveness and permanence.
Article 21.- When a permit subject to tariff regulation considers that the conditions outlined in this chapter are not met, it may request the opinion of the Commission Federal Competition. If the Commission is of the opinion that the conditions of competition apply in whole or in part to the regulation, the modifications or deletions to be made must be made.
TITLE SECOND
OF PATHS AND BRIDGES
ONLY CHAPTER
OF THE CONSTRUCTION, CONSERVATION AND EXPLOITATION OF ROADS AND BRIDGES
Article 22.- It is useful to publish the construction, conservation and maintenance of roads and bridges. The Secretariat itself, or at the request of the interested parties, will carry out the sale or promote the expropriation of the land, buildings and material banks necessary for this purpose. The sale or purchase shall be carried out in accordance with applicable law.
In the case of purchase purchase, it may be carried out through the interested parties, on behalf of the Secretariat.
The national waters and waters as well as the materials existing in them, may be used for the construction, conservation and maintenance of roads and bridges according to the legal provisions.
Article 23.- No construction or reconstruction work may be carried out on the roads and bridges, without prior approval by the Secretariat, of the plans, descriptive memory and other documents related to the works they intend to execute.
Except as provided in the preceding paragraph, the emergency and maintenance work necessary for the preservation and smooth operation of the concession road.
For urgent work, the Secretariat will indicate the guidelines for its implementation. Once the urgency has passed, it will be the responsibility of the concessionaire to carry out the final works that will be adjusted to the conditions of the project approved by the Secretariat.
Article 24.- Federal road crossings may only be carried out prior to the Secretariat's permission.
The construction and conservation works of the crossings shall be made on behalf of the operator of the route or work crossing to the already established one, prior to the fulfilment of the requirements established in the permit and in the respective regulations.
Article 25.- The Secretariat, taking into account the circumstances of each case, may provide for the construction of the necessary booklets to avoid heavy transit through the populations.
The Secretariat, considering the importance of the road, the continuity of the road and the safety of the users, will be able to agree with the municipalities, their passage through the towns, leaving the monitoring and regulation of transit within the urban area to local authorities.
The Secretariat may also agree with states and municipalities on the conservation, reconstruction and expansion of federal tranches;
Article 26.- The accesses that are built within the right of way will be considered auxiliary to the federal roads.
In the areas adjacent to the general communication routes of this Law, up to a distance of 100 meters from the limit of the right of way, no works of exploitation of quarries or any type of works requiring the use of explosives or harmful gases.
Article 27.- For security reasons, the Secretariat may require the owners of the pre-god to close the roads to close or delimit, as required, in respect of the right of way.
Article 28.- Prior permission is required from the Secretariat for the installation of electric transmission lines, poles, fences, transmission pipelines of products derived from the oil or any other underground, superficial or aerial work, in the general lines of communication that could hinder the proper functioning of the federal roads. The Secretariat shall assess, after technical advice, the provenance of such permits.
He who without permission, with any work or work invented the means of communication referred to in this Law, will be obliged to demolish the work carried out in the part of the road invaded and the The right of the defined path and the repairs it requires.
Article 29.- The right of way and facilities seated in it shall not be subject to servitude.
Article 30.- The Secretariat may grant concessions to build, maintain, conserve and exploit roads and bridges to private individuals, states or municipalities, according to the procedure established in this Law; as well as to maintain, preserve and explore federal roads constructed or acquired by any title by the Federal Government. In the latter case, the concessions may not be for longer than 20 years. The Secretariat shall ensure, where there are alternate routes, the operation of a toll free.
Exceptionally the Secretariat may grant to the governments of the states or to parastate entities without being subject to the contest procedure referred to in this Law. Where the construction or operation of the route is contracted with third parties, it must first obtain the approval of the Secretariat and apply the tendering procedure provided for in Article 7 of this Law.
The construction, maintenance, conservation and exploitation of roads and bridges will be subject to the provisions of this Law and its regulations, and the conditions imposed in the respective concession.
Article 31.- The establishment of international bridges will be done by the Federal Government through the Secretariat or may be granted in the appropriate part of the national territory, its construction, operation, operation, conservation and maintenance to individuals, states and municipalities in the terms of this Law, and in accordance with the provisions of the agreements that the effect is signed.
In any case, the Federal Government will directly conduct negotiations with the other country for the establishment of the bridge.
Article 32.- The roads and bridges that will be built will not be open to public use, without the Secretariat being aware that its construction has been adjusted to the project and specifications approved and which has the characteristics established in the corresponding Mexican official standard. The concessionaire shall give notice to the Secretariat of the completion of the work and shall have a period of 15 calendar days to resolve the conduct; if the time limit has not been issued the respective resolution shall be understood as favourable.
THIRD TITLE
FROM FEDERAL AUTOTRANSPORT
CHAPTER I
GENERAL PROVISIONS
Article 33.- Federal autotransportation services, will be as follows:
I. Of passengers;
II. Tourism; and
III. Loading.
Article 34.- The provision of federal self-transportation services may be provided by the permit with own or leased vehicles, in accordance with the provisions of this Law and its regulations, treaties and international agreements on the matter and official Mexican norms.
Article 35.- All vehicles of self-transportation of cargo, passage and tourism that transit on roads and bridges of federal jurisdiction, must comply with the technical verification of their physical and mechanical conditions and obtain the approval record corresponding to the periodicity and terms that the Secretariat establishes in the respective Mexican official standard.
Companies that have the technical elements according to the respective official Mexican standard, will be able to perform the technical verification of their vehicles.
Article 36. The drivers of vehicles of federal transportation must obtain and, if necessary, renew, the federal license issued by the Secretariat, in the terms established by the respective regulations. The drivers of vehicles referred to in Articles 40 and 44 are exempted from this provision.
The person concerned must approve training courses and updating theoretical and practical knowledge with vehicles or simulators to be established in the respective regulations.
Permits are required to monitor and verify that the drivers of their vehicles have the current federal license.
The Secretariat will keep a record of the licenses you grant.
Drivers of vehicles travelling on roads and bridges must carry the current licence requiring the applicable legal provisions. They shall also refrain from driving in a drunken state or under the influence of drug abuse or exceeding the maximum speed limits established by the Secretariat.
The respective regulations will establish the causes of suspension or cancellation of federal licenses, as well as provisions regarding transit.
Article 37.- Permissioners will have the obligation, in accordance with the law of the matter, to provide their drivers with training and training to ensure that the the provision of services is efficient, safe and efficient.
Article 38.- The vehicle permits are jointly and severally liable with their drivers, in the terms of this Law, their regulations and other legal provisions applicable, of the damage caused by the provision of the service.
Article 39.- Vehicles intended for the service of federal and private passenger, tourism and cargo transportation must comply with the conditions of weight, dimensions, capacity and other specifications, as well as with the speed limits in terms of the respective regulations. They are also required to have maximum speed electronic or graphic control devices.
Article 40.- No permission will be required for private transport, in the following cases:
I. Vehicles of less than 9 passengers; and
II. Vehicles of less than 4 tons of payload. For moral people, in vehicles up to 8 tons of payload.
This is without prejudice to the compliance with applicable legal provisions for the transport of hazardous materials, waste, remnants and hazardous wastes.
Article 41.- The Secretariat will issue permission to carriers authorized by state or municipal authorities for the use of federal jurisdiction paths that do not exceed 30 kilometers and are required for the operation of their services, in the terms of the respective regulations.
Article 42.- Companies engaged in the leasing of trailers and semi-trailers with federal self-transportation service plates referred to in this Law shall be registered. to the Secretariat, under the terms and conditions set out in the respective regulations. They may also lease their units to permits that meet the same requirements as the federal self-transportation service permits.
Article 43.- You may only obtain registration as a trailer rental company and semi-trailers that meet the following requirements:
I. Be constituted as a commercial company in accordance with Mexican law and that its social object expressly establishes the service of leasing of trailers and semi-trailers;
II. Get license plates and card for each trailer and semi-trailer; and
III. Accredit the units property.
These companies will in no way be able to directly provide the federal freight forwarding service.
Article 44.- Private-use car rental companies, which circulate on federal highways, may choose to obtain from the Secretariat Circulation and federal service plates.
Article 45.- Trying to lease pure and financial vehicles for the federal self-transportation service, the legal provisions of the matter will be included.
Article 45 Bis.- All Federal Authority when determining the remission of vehicles for the storage and custody service to premises permitted by the Secretariat, they must notify the person concerned or their legal representative within 15 calendar days of their execution, giving or making available, as appropriate, a certified copy of the corresponding record, to exercise their right of hearing.
In that notification, the person concerned or his legal representative shall be issued to the person or his legal representative so that he does not have the vehicle available or serious, if he does so shall be void right.
In the notification, the person concerned or his/her legal representative must be given notice that he/she does not express what is appropriate within the time limits referred to in the Article 55 Bis 1 of this Law, the goods will cause abandonment in favor of the Federal Government.
Article 45 Bis 1.- The notifications referred to in this Law shall be made as follows:
I. Personally, with the data subject or its legal representative, in accordance with the following rules:
a) The notification will be performed at the address of the data subject. If the person concerned is deprived of his or her freedom, the personal notification shall be made at the place where the person is being held;
b) The notifier must be sure of the address, deliver a copy of what is notified, and obtain the name and signature of the person with whom the diligence; settling the data in the official document with which it is identified;
c) If the person is not found to be notified in the first search, he will be left in the designated address to wait at a fixed time of the business day next, and if you do not expect, or refuse to receive the notification, you will be instructed in a visible place of the address and the notification will be practiced by edicts in terms of the fraction II of this article, and
d) In all cases, you must get up on the circumstantial act of the diligence that is practiced.
II. By edicts, when the identity or address of the person concerned is unknown, as well as in the cases referred to in point (c) of the previous section, compliance with the following rules:
a) The edicts will be published in the Official Journal of the Federation, in a journal of greater circulation at national level and one of greater circulation in the place where the resolution has been issued, for two times with a three-day interval, and
b) The edicts must contain a summary of the resolution to be reported.
Personal notifications shall take effect on the day they have been practiced and those made by edicts on the day of the last publication.
The time limits laid down in this Law shall begin to run on the day following that in which the respective notification has taken effect.
CHAPTER II
PASSENGER AUTOTRANSPORT
Article 46.- With regard to its operation and the type of vehicles, the passenger self-transport service shall be classified in accordance with the provisions of the Regulation. respective.
Article 47.- The permissions granted by the Secretariat to provide passenger self-transportation services to and from the seaports and federal airports will be adjusted to the terms that the corresponding Mexican official regulations and standards establish. For this purpose, the Secretariat shall first seek the opinion of the person in charge of the port administration or of the airport concerned.
The opinion referred to in this article must be issued within a period not exceeding 30 calendar days, counted from the date of receipt of the request; otherwise, understand that you have no observations.
CHAPTER III
TOURISM SELF-TRANSPORT
Article 48.- The permits granted by the Secretariat to provide self-transport services for tourism may be at their national or international destination.
The national tourism self-transportation service will be provided on all roads of federal jurisdiction without any time or specific routes. This service shall be classified in accordance with the rules laid down in the respective Regulation, taking into account its operation and type of vehicle.
Article 49.- The permits for the provision of tourist self-transport services entitle their holders to the ascent and descent of tourists in seaports, airports and airports. land terminals, in previously contracted services.
CHAPTER IV
LOAD AUTOTRANSPORT
Article 50.- The permit for self-transport of cargo authorizes its holders to carry out the self-transport of any type of goods on all paths of jurisdiction federal.
The Secretariat will regulate the transportation of materials, waste, remnants and hazardous wastes circulating in general communication channels, without prejudice to the powers that the law grants to other agencies of the Federal Executive. The terms and conditions for this service will be specified in the respective regulations.
Dealing with bulky or heavy objects, special permission is required to be granted by the Secretariat, in the terms of this Law and the respective regulations.
Article 51.- The loading and unloading maneuvers and, in general, those that assist and complement the federal freight forwarding service, will not require any authorization to their benefit, so users will have full freedom to contract these services with third parties or use their own staff to do so.
TITLE FOURTH
OF AUXILIARY SERVICES TO FEDERAL SELF-TRANSPORTATION
CHAPTER I
CLASSIFICATION OF AUXILIARY SERVICES
Article 52.- The permits provided by the Secretariat for the provision of auxiliary services to federal self-transportation under this Law shall be as follows:
I. Passenger Terminals;
II. Interior Load Terminals;
III. Drag, salvage and vehicle storage;
IV. Verification units; and
V. The parcel and courier.
CHAPTER II
PASSENGER TERMINALS
Article 53.- For the provision of the passenger self-carriage service, the permissionaries must have terminals of origin and destination in accordance with the regulations for the promotion and descent of passengers, without prejudice to obtaining, where appropriate, the authorisation of the use of the soil by the State and municipal authorities.
The operation and operation of passenger terminals shall be carried out in accordance with the terms laid down in the relevant Regulation.
CHAPTER III
LOAD INTERIOR TERMINALS
Article 54.- Inland freight terminals are ancillary facilities to the transport service in which they are provided to third-party freight transshipment services and others. complementary. These include: loading and unloading of trucks and trains, storage, transport, consolidation and deconsolidation of loads and surveillance and custody of goods.
For installation and connection to the railroad and the federal highway will require permission from the Secretariat.
CHAPTER IV
DRAG, SAVE, AND WAREHOUSE
Article 55.- Drag, drag and rescue services and vehicle storage shall be subject to the operating conditions and modalities laid down in the Regulations. respective.
Article 55 Bis.- The vehicles in respect of which the person concerned or his legal representative does not express what is right, shall cause abandonment in favour of the Federal Government after 90 calendar days, counted from the notification, which the Federal Authority has carried out in its case, at the time of withdrawal of the movement.
Article 55 Bis 1.- The Federal Authority shall notify the interested party or its legal representative of the time limits provided for in the previous Article, so that within the 90 calendar days from the notice manifest what is at your right, under the warning that not to do so, the goods will cause abandonment in favor of the Federal Government, in the terms of this Law.
Article 55 Bis 2.- The Permissioner must notify the Federal Auto Transport Directorate of the list of units that meet the requirements for be considered in the case of abandonment, with the exception of those who are subject to administrative, jurisdictional or any action of complaint, in protest of speaking truth and who are or have been at the disposal of authorities (a) the federal authorities, in order to ensure that the application is supervised and provided data is made the corresponding publication, in accordance with the provisions of Article 45 Bis 1 of this Law.
After the expiration of 90 calendar days from the publication, they will be considered abandoned by legal provision in favor of Federal Government and the Permit shall have 30 calendar days to make the vehicles available to the Service of Administration and Disposal of Goods, in accordance with the applicable provisions.
The granting of false data by the permissioner will be responsible for the criminal, civil or administrative actions that may arise and will cause revocation of the permit.
CHAPTER V
VERIFICATION UNITS AND TRAINING CENTERS
Article 56.- The physical-mechanical verification units of vehicles that circulate on federal highways may be operated by private individuals by means of a permit issued by the Secretariat and its grant shall be adjusted, as appropriate, to the procedure referred to in Article 7o. of this Law.
Article 57.- To operate a center for the training and training of drivers of the federal self-transportation service, it will be necessary to have the authorisations granted by the authorities concerned. The Secretariat shall coordinate with the competent authorities for the requirements of establishment, as well as for training and training plans and programmes.
CHAPTER VI
PARCEL AND MESSAGING
Article 58.- The delivery of the parcel and courier service requires permission to be granted by the Secretariat under the terms of this Law and subject to the conditions that establish the respective Regulation. This service shall be subject to the provisions of the transport document.
TITLE FIFTH
INTERNATIONAL PASSENGER, TOURISM, AND FREIGHT
Article 59.- The international carriage of passengers, tourism and cargo is the one that operates from a foreign country to the national territory, or vice versa, and will conform to the terms and conditions laid down in the applicable international treaties.
Article 60.- Domestic and foreign vehicles intended for the provision of international passenger, tourism and cargo self-transport services The above Article shall comply with the security requirements laid down by this Law and its regulations; they shall also have metal identification plates and safety instruments. The operators of such vehicles must carry a driving licence in force.
Article 61.- The semi-trailers of foreign origin that enter the country temporarily, may circulate on the roads of federal jurisdiction, up to the period authorized in the terms of the law of the matter, as long as they credit their legal stay. In the trawl they shall use an approved vehicle for the provision of the self-transport freight service.
TITLE SIXTH
OF RESPONSIBILITY
CHAPTER I
OF RESPONSIBILITY FOR ROADS, BRIDGES AND PASSENGER AND TOURISM
Article 62.- The dealers referred to in this Law are obliged to protect the users on the roads and bridges for the damages they may suffer for their use. In addition, passenger and passenger self-transport permits shall protect passengers and their baggage from the damage they suffer on the basis of the provision of the service.
The guarantee that the effect will be established must be sufficient for the concessionaire to protect the user of the road during the journey of the same, and the permit to the passengers from which they address until they fall from the vehicle.
The dealers and permissioners must grant this guarantee in the terms set out in the respective regulations.
Article 63.- The physical and moral persons authorized by the governments of the states and the Federal District to operate public passenger transport, and to use tranches of the federal jurisdiction, shall ensure their responsibility, in the terms of this chapter, for any damage to the passengers they carry, without prejudice to the requirements and conditions for operating in the highways of federal jurisdiction.
Article 63 Bis. All vehicles transiting through federal roads, roads, and bridges must have insurance to guarantee third parties the damages they may have. to be caused by the driving of the vehicle in his/her goods and persons. The hiring of the insurance shall be the responsibility of the vehicle owner.
The Secretariat of Finance and Public Credit, hearing the opinion of the National Insurance and Fiance Commission, will establish the rules for the operation of the insurance to be refers to the first paragraph, seeking economic accessibility and availability for recruitment. For this purpose, a minimum amount of insurance policy coverage will be established.
For no reason will it be possible to force vehicle owners to hire insurance with any specific insurance institution.
The hiring of this insurance does not exempt the responsibility of road and bridge dealers; and from those with permission or authorization to to provide passenger, tourism or freight transport services as referred to in this Law.
Article 63 Ter. The owners of vehicles that have insurance of the automobile industry with greater coverage of the insurance referred to in the article The fine referred to in Article 74 Bis of this Law shall not be prevented from circulation or the fine shall be imposed.
Article 64.- The right to receive the compensation provided for in this chapter and the fixing of the amount shall be subject to the provisions of the Civil Code for the District Federal in common matter, and for the entire Republic in Federal Matter. For the ranking in the payment of the same, the provisions of article 501 of the Federal Labor Law will be available.
The Secretariat shall administratively resolve disputes arising in connection with the insurance of the passenger or user of the track, without prejudice to the submission of the controversy to the competent judicial courts.
Article 65.- When dealing with international travel, the permit is required to protect the traveler from the point of origin to the point of destination, in terms of establish international treaties and conventions.
CHAPTER II
OF RESPONSIBILITY IN LOAD AUTOTRANSPORT
Article 66.- Permissioners of cargo self-transport services are responsible for losses and damages suffered by goods or products that carry, from the moment in which they receive the load until they are delivered to their consignee, except in the following cases:
I. For the purposes of goods or products, or unsuitable packaging;
II. When the load by its own nature suffers damage or total or partial damage;
III. Where the goods are transported at the written request of the sender in discovered vehicles, provided that by the nature of the goods they must be transported in closed or covered vehicles;
IV. False statements or instructions from the loader, the consignee or consignee of the goods or the holder of the transport document; and
V. Where the value of the goods is not declared by the service user, the liability shall be limited to the amount equivalent to 15 days of the general minimum wage in force in the Federal District, per tonne or the corresponding proportional share in the case of lower weight shipments.
Article 67.- When the service user pretends that in the event of loss or damage to his or her property, including fortuitous case or force majeure, the permissioner responds for the total price of the same, you must declare the corresponding value, in which case you will have to cover an additional charge equivalent to the cost of the respective guarantee that you agree with the permit.
Article 68.- It is the obligation of the self-transport operators to ensure, in the terms authorized by the Secretariat, the damages that may be caused to third parties in the their goods and persons, general communication routes and any other damage which could be caused by the vehicle or by the load in the event of an accident, as laid down in the respective regulation.
Dealing with materials, waste, remnants and hazardous wastes, the insurance must cover the load from the moment it leaves the premises of the shipper or generator, until it is received by the consignee or consignee in the facilities identified as final destination, including the risks that the loading or unloading will result in or out of their facilities. Unless otherwise agreed, their loading and unloading will be carried out by the consignors and consignors, so they must guarantee in the terms of this article the damages that could be caused in these maneuvers, as well as the damage caused This is the case for an accident.
Article 69.- The permissioner who participates in the operation of international multimodal transport services, will only be responsible to the service user in the conditions and terms of the transport contract established in the transport document and only by the land transport segment in which it participates.
TITLE SEVENTH
INSPECTION, VERIFICATION, AND SURVEILLANCE
Article 70. The Secretariat shall be responsible for the inspection, verification and monitoring of roads and bridges, as well as for the federal self-transportation services, its auxiliary services and private transportation, in its technical and regulatory aspects, for ensure compliance with this Law, its regulations and the Mexican official rules that it issues in accordance with it. For this purpose, it may require in any time the concessionaires and permissionaries with the technical, administrative, financial and statistical data, that allow the Secretariat to know the way to operate and to exploit the roads, bridges, federal self-transportation services and their ancillary services.
The Secretariat shall inspect or verify in fixed weight and dimension verification centres, both the Federal Self-Transportation, its ancillary services and the transport Private sector that operate on roads and bridges, comply with the provisions on weights, dimensions and capacity of vehicles, in accordance with the provisions of the respective Mexican official rules. This is without prejudice to the powers conferred on the Secretariat of Public Safety in the matter, when vehicles circulate on roads and bridges.
For the purposes of this Article, the Secretariat may commission public servants to its service, who shall, where appropriate, impose the respective penalties.
The Secretariat may authorize third parties to carry out verifications in accordance with the provisions of the Federal Law on Metrology and Standardisation.
Article 70 Bis. The Secretariat and the Secretariat of Public Security, in the field of their respective competences, shall coordinate in the surveillance, verification and inspection of the Federal Self-Transportation Services, their auxiliary services and private transportation.
Article 71. The Secretariat may carry out inspection visits, through commissioned public servants who exhibit valid identification and order of visit, specifying the provisions to be inspected. Inspection visits shall be carried out in working days and hours, however, inspections may be carried out on days and indeft hours in cases where the type and nature of the services so require, in which case they must be provided in the order of business.
The dealers and permissionaries, are obliged to provide the public servants with the secretariat all the data or reports that they are required and to allow access to their facilities to fulfil their duties in accordance with the order of business issued by the Secretariat. The information they provide will be of a confidential nature.
Article 72. For any inspection visit, duly circumstantied minutes shall be lifted, in the presence of two witnesses proposed by the person who has attended the visit or by the public servant, if the latter has refused to appoint them.
Article 73.- In the minutes that are lifted on the occasion of an inspection visit, the following shall be stated:
I. Time, day, month, and year in which the visit was performed;
II. Location of the dealership or permit facility where the visit was practiced;
III. The name and signature of the public server performing the inspection;
IV. Name, address and signature of persons designated as witnesses;
V. Name and character or legal personality of the person who attended the inspection visit;
VI. Object of the visit;
VII. Date of the order of business, as well as the identification data of the public server performing the inspection;
VIII. Statement of the person who attended the visit or his refusal to allow it; and
IX. Descriptive synthesis about the visit, settling the facts, data and omissions derived from the object of the visit.
Once the minutes are drawn up, the public servant performing the inspection will provide a copy of the inspection to the person who attended the visit, even if it is would have refused to sign it, which will not affect its validity.
The visited will count with a term of 10 working days, in order to present the tests and defenses that it considers to be conducive, in the case of some infraction to the dispositions of the Law. With a view to them or in the absence of their presentation, the Secretariat shall give the appropriate resolution.
TITLE EIGHTH
SANTIONS
Article 74. Except as provided in Article 74 Bis of this Law, the violations of the provisions of this Law shall be sanctioned by the Secretariat in accordance with the following:
I. Apply rates above those that are authorized, with a fine of one hundred to five hundred minimum wages;
II. Destroy, inuse, power off, remove, or change an established signal for the security of the terrestrial or media communication paths self-transportation that they operate, with a fine of one hundred to five hundred minimum wages;
III. intentionally placing signs in order to cause damage to vehicles in circulation, with a fine of one hundred to five hundred minimum wages;
IV. Failure to comply with any of the provisions on federal self-transportation, its ancillary services and private transportation, with a fine of up to five hundred minimum wage days, and
V. Any other breach of the provisions of this Law or of the orders resulting from it, with a fine of up to a thousand days of minimum wage.
In case of recidivism, the Secretariat may impose an equivalent fine up to twice the amount indicated, except for the specific exceptions or cases provided for in the this Act.
For the purposes of this Chapter, the minimum wage, the general minimum wage in force in the Federal District at the time of the infringement, is understood.
Revenue from fines imposed in terms of this Article shall be assigned to the Secretariat to cover operating and investment expenses in technology and programmes linked to self-transport.
Article 74 Bis. The Secretariat of the Interior, through the Federal Police, in accordance with the respective laws and regulations, will impose the following sanctions:
I. For violations of this Law and regulations resulting from it in transit, fine of up to two hundred days minimum wage, and
II. For driving vehicles on federal roads and bridges that do not have a contract of insurance that guarantees damages to third parties with a fine of twenty to forty days of minimum wage in force in the Federal District.
The owner of the vehicle will have 45 calendar days for hiring the insurance policy, same which when submitting it to the collecting authority during the previous term, the infringement shall be cancelled;
III. Any other violation of the provisions of this Law and the order of they are derived for the operation of the services of federal transport, their auxiliary services and private transport when they circulate in the land area of the general lines of communication, with fine of up to five hundred days of salary minimum.
In the event of recidivism, the Secretariat of Public Security may impose a fine equivalent to twice the amount indicated, except for exceptions or cases specified in this Law.
The income derived from fines referred to in this Article's fraction I shall be assigned to the Secretariat of Public Security to cover expenses 20% of the total for crime prevention shall be allocated to programmes linked to the public security itself and in a specific manner, whereas the derivatives of the II fraction will be used in accordance with the provisions of the last paragraph of Article 74 of this Law.
The Secretariat and the Secretariat of Public Security shall establish mechanisms for the exchange of information on violations.
Article 74 Ter. The Secretariat of Public Security through the Federal Preventive Police, may withdraw vehicles in the following cases:
I. When they are providing the federal self-transportation service, their auxiliary services and private transportation on the roads and bridges, without the corresponding permission;
II. When counting with concessions or state, municipal or Federal District permits, they are providing the federal self-transportation service, their ancillary services and private transport on roads and bridges outside the sections authorised by the Secretariat;
III. When they exceed the time allowed to circulate or transit on the occasion of their temporary importation and are provided with the self-transport service federal, its auxiliary services and private transport on roads and bridges, and should give a view to the relevant authorities;
IV. When they are in transit and do not comply with the minimum security conditions, to be determined in this Law and the orders that are derived, and
V. Where the self-transport service is being provided and its time limit or maximum operating limit is expired to provide for the service of federal passenger or passenger transport, in accordance with the relevant regulatory provisions.
Article 75.- That without having previously obtained grant or permission from the Secretariat to operate or exploit roads, bridges or terminals, will lose to the Nation, the works executed and the facilities established.
Once the Secretariat becomes aware of this, it will proceed to the assurance of the executed works and the established facilities by placing them under the guard of an interventor, (i) a list of the following: Subsequently to the assurance, a period of 10 working days shall be granted to the alleged infringer to present the evidence and defenses that he considers pertinent in his case; past that term, the Secretariat will dictate the established and motivated resolution that corresponds.
Article 76. The amount of administrative penalties imposed for violations of this Law and the orders resulting from it, for the operation of the federal self-transportation service, its auxiliary services and private transportation, as well as for the transit of vehicles, may be guaranteed with the value of the vehicles themselves or by providing sufficient security to respond to them. If the guarantee is the vehicle, it may be delivered to its driver or to its rightful owner, who shall submit it to the competent authority when requested.
The owner of the vehicle shall have a period of 30 working days from the date on which the fine was fixed to cover it as well as the costs incurred by the vehicle. place, otherwise the settlement shall be made and the tax authority, together with the vehicle, shall be taken over to the competent tax authority for recovery.
In the case of private vehicles, only the guarantee shall be granted in the case of serious misconduct or recidivism.
Article 77.- When imposing the penalties referred to in this Title, the Secretariat shall consider:
I. The severity of the violation;
II. Damage caused; and
III. The recidivism.
Article 78.- The penalties referred to in this Title shall apply without prejudice to the criminal liability resulting from it, nor that, where appropriate, the Secretariat revokes the grant or permission.
Article 79. Except as provided in Article 79 Bis, in order to declare the revocation of the concessions and permits, suspension of services and the imposition of the penalties provided for in this Law, it will be the following:
I. The Secretariat shall inform the alleged offender of the cause or causes of the sanction, giving him a period of 15 working days to present his evidence and defenses; and
II. Submitted the evidence and defenses or the time limit indicated in the previous fraction without having been submitted, the Secretariat shall dictate the resolution corresponding to a period not exceeding 30 calendar days.
Article 79 Bis. For the imposition of the sanctions referred to in Article 74 Bis of this Law, the following shall be:
I. The violations and penalties to be imposed shall be entered on the corresponding ballots, and
II. The payment of the penalties imposed must be carried out by the offenders in the designated banking institutions or offices, or through any of the the means established for that purpose.
Article 80. Against the rulings given in this Law and its regulations, review proceedings may be instituted in accordance with the provisions of the Federal Administrative Procedure Law.
TRANSIENT
Article First.- This Law will take effect the day after its publication in the Official Journal of the Federation.
Article Second.- The Law on the Construction of Roads in Cooperation with States is repealed, published in the Official Journal of the Federation on May 8, 1934.
Article Third.- Articles 1o., fractions VI and VII; 8o., paragraphs 2 to 4; 9o, fractions VII and VIII; 21 to 28; 39; 85; 87; 88; 90; 91; 97; 98; 100 to 105; 109; 128; 146 to 168 and 537 to 540 of the General Notice of Communication Act; and other provisions that oppose this Act.
As from the entry into force of this Law, they are left without effect solely as regards the matters regulated therein, Articles 3o. to 5o.; 10; 12 to 20; 29 to 38; 40 to 84; 86; 89; 92 to 96; 99; 110; 116 to 124; 126; 127; 523 to 532; 535 and 541 of the General Communication Act.
Article 4.- Violations committed prior to the entry into force of this Law shall be sanctioned in accordance with the provisions in force at the time when were committed.
Article Fifth.- The regulatory and administrative provisions in force will continue to be implemented, while the new regulations are issued, except in the case of the This Act.
Article Sixth.- The concessions and permits granted prior to the entry into force of this Law, shall continue in force in the terms and conditions entered in the until the end of its term.
As far as concessions and permits are concerned, the provisions of the General Communication Act will be in place.
Article Seventh.- The warranties referred to in Articles 62 and the first paragraph of 68 shall enter into force 12 months after their publication in the Official Journal of the Federation.
Mexico, D. F., as at 13 December 1993.-Dip. Cuauhtemoc López Sánchez, President.-Sen. Eduardo Robledo Rincon, President.-Dip. Sergio González Santa Cruz, Secretary.-Sen. Jorge Rodriguez Leon, Secretary.-Rubicas.
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for its proper publication and observance, I hereby express my request for the Decree at the residence of the Federal Executive Branch, in Mexico City, Federal District, on the fifteenth day of December of a thousand nine hundred and ninety-three.- Carlos Salinas de Gortari.-Heading.-The Secretary of the Interior, José Sponsorship González Blanco Garrido.-Heading.
