Venezuela: - Servicio
Nacional Integrado de Administración
Tributaria (SENIAT) – Gerencia de Aduanas (Integrated
National Tax Administration Service – Customs
Office)
- Dirección Sectorial de
Extranjería – (Sectorial Immigration Bureau)
Country of Origin is the
Member Country where the carrier was
incorporated and has its company headquarters.
Passenger is the individual
who is the user of the international
transportation service and bearer of a travel
ticket issued in his/her name.
Original Service Permit is
the document accrediting that the carrier has
been authorized by the competent national
authority of its country of origin to provide
international passenger transportation by road
once it has obtained the corresponding
complementary service permit.
Complementary Service
Permit is the document granted to a carrier
that possesses an original service permit,
accrediting the authorization given to it by
the competent national authority of a Member
Country other than its country of origin, to
provide international passenger transportation
by road to or from its territory or through it.
Registration is the
inscription by the competent national
transportation authorities or the annotation
by national customs authorities, of each of
the approved vehicles to be used in the
international transportation, for the purpose
of exercising the corresponding control.
Route is the course to be
covered, from the origin to the destination,
by the approved vehicle in an international
transportation operation.
Andean Road System is the
main, interregional and complementary roads
defined and identified as such through a
Decision of the Cartagena Agreement.
Established Trip is the
route and itinerary between the origin and
destination that is assigned to the carrier
for providing the international transportation
service.
Passage in transit is the
movement of the approved vehicle and its crew
through the territories of the Member
Countries while providing international
transportation or as a result of it.
International Passenger
Transportation by Road, hereinafter "international
transportation", is the transportation of
persons which, in reliance on travel tickets
and a passenger list, the authorized carrier
provides in approved vehicles, from a city of
origin to a city of destination, located in
different Member Countries, in accordance with
the established routes, frequencies and
itinerary.
Authorized Carrier is the
company whose purpose it is to transport
passengers by road, incorporated in one of the
Member Countries in accordance with the
pertinent national provisions for business
associations or cooperatives, and which holds
an original service permit and one or more
complementary service permits.
Crew are the persons
employed by the authorized carrier who are
needed to drive the approved vehicle and serve
the passengers.
Approved vehicle is the bus
to which the competent national authority has
granted a certificate of approval.
CHAPTER II
BASIC PRINCIPLES
Article 2.- This Decision
establishes the conditions for providing the
service of international passenger
transportation by road among the Member
Countries of the Cartagena Agreement, in order
to liberalize the supply of that service.
Article 3.- The supply and
provision of the international transportation
service is grounded in the following basic
principles: freedom of operation; access to
the market; national treatment; transparency;
non-discrimination; equality of legal
treatment; free competition and most-favored-nation.
Article 4.- The Member
Countries agree to homologize the
authorizations and transportation documents
and to eliminate all restrictive measures that
affect or that may affect international
transportation operations.
CHAPTER III
ON THE SCOPE OF
APPLICATION
Article 5.- Such
international passenger transportation by road
as is carried out between Member Countries of
the Cartagena Agreement or through their
territories, shall be governed by this
Decision and its complementary provisions.
This legislation is also
applicable when the approved vehicle must be
transported over a given segment and without
transferring the passengers, through another
means of transportation, be it by sea, river,
lake or land, whose use is necessary in order
to be able to continue the international
transportation operation.
Article 6.- The provisions
of this Decision, as well as the complementary
regulations, are applicable also when the crew
and the approved and registered vehicles are
moved without passengers from one Member
Country to another in order to start or
continue an international transportation
operation, or to return to their country of
origin after having concluded it.
Article 7.- The established
trips for international passenger
transportation by road are the following:
-
Between cities of two
bordering Member Countries;
-
Between cities of two
Member Countries with passage in transit
through one or more Member Countries; and
-
Between cities of two or
more Member Countries.
Article 8.- During the
international transportation, authorized
carriers may collect and drop off passengers
whose origin and destination are cities or
localities on the itinerary, located in
different Member Countries.
The authorized carrier, in
order to be able to collect or drop off
international passengers in Member Countries
other than that of its origin, must first
obtain a complementary service permit in those
countries.
The provisions of this
article are applicable to the transportation
of postal packages and parcels.
Article 9.- The
international transportation provided by
carriers from third countries through the
territories of one or more Member Countries,
shall be regulated by the national legislation
of each of the Member Countries through which
they pass in transit or by the provisions of
international agreements in force.
Article 10.- The
international transportation shall be provided
over the routes and in keeping with the
frequencies and itineraries coordinated by the
competent international authorities and
assigned by them.
The routes that make up the
Andean Road System and the authorized border
crossings, as well as such routes or border
crossings as the Member Countries may
authorize, shall be used in coordinating and
assigning routes.
Article 11.- When two or
more Member Countries agree to authorize new
routes or border crossings for international
transportation among them, those routes or
border crossings shall be utilized by the
authorized carriers of the other Member
Countries.
Article 12.- The original
and the complementary service permits and
certificate of approval do not grant the
authorized carrier the right to provide local
passenger transportation by road in the Member
Countries.
Article 13.- Authorized
carriers, on a complementary basis, may engage
in the international transportation of postal
packages and parcels. This service shall be
provided only in approved and registered
vehicles.
Article 14.- In order for
the authorized carrier to provide the service
of international passenger transportation by
road, it shall not be necessary for the Member
Country of passage in transit or destination
on the established trips it intends to offer,
to have authorized a company from its country
to offer the same established trip or another
whose destination or through which it will
pass in transit is the carrier's country of
origin.
The fact that an authorized
carrier from the other Member Country involved
in that established trip has not yet started
operating or has suspended its operations may
not be used to determine the launching of the
transportation service or to impede its
provision.
Article 15.- The
stipulations of this Decision are not
applicable to border transportation, which
shall be governed by such provisions as the
bordering Member Countries may agree upon.
Article 16.- The Member
Countries, in their respective territories,
grant the authorized carriers to which they
have issued complementary service permits, the
right to open offices and branches, as well as
to offer and provide international
transportation service.
Article 17.- The Member
Countries, in their respective territories,
shall grant approved and registered vehicles
freedom of passage in transit for purposes of
international transportation.
Article 18.- An authorized
carrier having obtained a complementary
service permit shall enjoy, in the Member
Country that issued that permit, treatment
that is no less favorable than that which, in
similar circumstances, is given to authorized
carriers from that country.
Article 19.- The Member
Countries shall give authorized carriers to
which they have issued complementary service
permits, treatment that is no less favorable
than that which, in similar circumstances,
they grant to carriers from third countries.
Without prejudice to the
stipulation of the previous paragraph,
bordering Member Countries may grant each
other's carriers special terms, in order to
facilitate passage in transit and
transportation operations locally, so long as
these are limited to the demarcated contiguous
border zone.
Article 20.- Any Member
Country that adopts a measure affecting
international transportation in regard to the
movement of approved vehicles and crews, shall
immediately report it to the other Member
Countries and to the Board of the Cartagena
Agreement.
This same procedure shall
be followed for the signing, adherence to or
ratification, as well as the denunciation, of
bilateral or multilateral agreements or
conventions relating to international
passenger transportation by road, signed with
another Member Country or third countries
CHAPTER IV
ON THE CONDITIONS FOR
THE TRANSPORTATION
Article 21.- Only a carrier
that possesses the authorizations established
in this Decision may offer international
passenger transportation by road.
By the same token, that
carrier, in providing the service, may not
receive treatment that is different because
its form of business organization is not the
same.
Article 22.- A carrier
interested in providing international
transportation must obtain an original service
permit and a complementary service permit.
It must also secure a
certificate of approval and register each one
of the buses belonging to its fleet.
The international
transportation service shall be provided only
upon fulfillment of the requirements set out
in this chapter.
Article 23.- In order to be
able to apply for an original and a
complementary service permit, the carrier must
be incorporated in any of the Member Countries
of the Cartagena Agreement.
The company shall be
governed by the legislation of the Member
Country where it is incorporated and by the
Community provisions for Andean multinational
enterprises.
The establishment of
offices or branches shall be regulated by the
legislation of the Member Country where they
are set up.
Article 24.- The authorized
carrier shall maintain a fleet of at least
three approved vehicles in operation. The
competent national authority that issues the
original service permit may require a larger
number of buses in light of the routes,
frequencies and distances to be covered.
Article 25.- International
passenger transportation by road shall be
carried out as a direct transportation
operation.
Only for duly justified
reasons of force majeure or an act of God may
the authorized carrier transfer the passengers
and their luggage, as well as the postal
packages and parcels it is transporting, from
one vehicle to another.
Transportation over
national segments is not considered
international passenger transportation by road.
Article 26.- All
international passengers, during the
transportation, shall bear travel tickets and
their names shall be on the passenger list.
That list will be handed over to the
immigration officials at the authorized border
crossings, on entering and leaving each one of
the Member Countries of origin, passage in
transit, and destination of the transportation.
Article 27.- The drivers'
licenses issued by a Member Country and used
by drivers in the international transportation,
shall be recognized as valid in the other
Member Countries through which they pass in
transit.
The license category shall
correspond to the classification of the
approved vehicle being driven.
Article 28.- Licenses
belonging to the drivers of approved vehicles,
when these are providing international
transportation service, may not be retained in
the case of traffic violations that are
punishable by fine alone.
Article 29.- The authorized
carrier and its legal representative in each
of the Member Countries within its sphere of
operation, are jointly and severally liable
for the payment of any fines imposed on the
drivers of the company's approved vehicles for
traffic violations committed during the
international transportation service.
Article 30.- The passage in
transit of approved vehicles shall be
regulated by automotive vehicle traffic
regulations in effect in the Member Country
through which they pass.
Article 31.- The
identification used by a Member Country for
the vehicles registered in that country (license
plates or other specific means of
identification) that is employed on the
approved vehicles, shall be recognized as
valid in the other Member Countries through
which those vehicles pass in transit.
The Member Countries shall
not demand that the approved vehicle that
passes through their territories in transit
while providing international transportation
service or as a result of it, use special or
additional identification to that indicated in
the previous paragraph.
Article 32.- The insurance
policy referred to in articles 50d) and 51d)
of this Decision shall be submitted to the
respective competent national authority before
the service may be started.
The authorized carrier may
not provide international transportation
service if its civil liability and passenger
casualty insurance policy has expired.
Article 33.- The authorized
carrier, in the cities of origin, shall have
on hand at all times the itineraries and
destinations of its assigned routes, with
identification of the public or private
facilities available for passenger service and
the dispatch and reception of the approved
vehicles.
Before starting operations,
it shall also report the addresses of those
facilities located in their respective
countries, to the competent national
authorities that issued it the original and
the complementary service permits.
Article 34.- Before
starting the service, the authorized carrier
shall establish the schedule of each frequency
and report it to the respective competent
national authority that issued it the original
or the complementary service permit.
Compliance with the set starting date and time
of the established trip is mandatory.
Any change shall be
reported to the respective competent national
authority before it is implemented.
Article 35.- Authorized
carriers may, within their assigned
frequencies, dispatch as many vehicles as
needed to cover the demand for the service.
Article 36.- The
international transportation may be suspended
by:
-
Court order;
-
Order of the competent
national authority as a result of an
administrative proceeding; or
-
Decision of the
authorized carrier
In the case of item c), the
competent national authority shall be notified
at least fifteen calendar days before its
implementation.
The stipulation of the
preceding paragraph is applicable also to the
transportation of postal packages and parcels.
The suspension of the
passenger transportation service at the
carrier's decision may not last longer than
ninety calendar days, except in duly justified
cases of force majeure or acts of God.
Article 37.- Failure to
reinitiate the passenger transportation
service at the expiration of the cited period
or that granted by the authority in the case
of force majeure or an act of God, shall be
considered its abandonment.
Article 38.- For tax
purposes, the pertinent provisions for
avoiding double taxation among the Member
Countries, provided for in the legislation of
the Cartagena Agreement, shall be applied to
the international transportation.
CHAPTER V
ON THE TRANSPORTATION
AUTHORIZATIONS
Article 39.- The national
authority of each country that is responsible
for road transportation is the competent
entity for issuing to the carriers the
original and the complementary service permits,
as well as the certificate of approval for the
vehicles comprising their fleet.
Article 40.- The original
and the complementary service permits shall be
granted by administrative resolution of the
competent national authority, and shall be
issued in keeping with the legal procedures
and provisions of the respective Member
Country.
Article 41.- The original
service permit shall be granted by the
competent national authority of the carrier's
country of origin.
The complementary service
permits shall be issued by the competent
national authority of each of the Member
Countries in the carrier's sphere of operation
where it intends to operate.
Article 42.- The original
and the complementary service permits shall
each have two annexes containing information
about the approved vehicles, the sphere of
operation and the service routes, frequencies
and itineraries.
Article 43.- The
frequencies, as well as the routes and
itineraries for the authorized carriers'
service shall be decided and coordinated
bilaterally or multilaterally among the
competent national authorities. In the event
that they fail to reach an agreement, the
mediation of the Andean Committee of Land
Transportation Authorities may be requested.
Article 44.- It is up to
the competent national authority of the
carrier's country of origin to assign its
routes, frequencies and itineraries in each of
the Member Countries within its sphere of
operation and for each established trip.
The pertinent annex of the
original service permit will record the
assignment, which shall be reported to the
competent national authorities of the Member
Countries where the carrier will be providing
the service.
Article 45.- The Member
Country that is informed by the competent
national authority, of the assignment of
routes, frequencies and itineraries, shall
allow for the service to be provided in
keeping with the assignment referred to in
article 44, unless it has a sound objection to
it.
Article 46.- The routes and
frequencies should be assigned on the basis of
objective criteria, such as the company's real
capacity to provide service on the routes and
with the frequencies requested and
transparently.
In any case, that
assignment shall not favor monopolies,
oligopolies or market domination.
Article 47.- The routes and
itineraries assigned by the Member Country
issuing the permit, together with the
authorized frequencies, shall be recorded in
the respective annex of the complementary
service permit.
Article 48.- The original
service permit shall be accepted by the Member
Countries where complementary service permits
are requested, as proof that the carrier is
qualified to provide international
transportation service.
Article 49.- The original
and the complementary service permits are non
transferable. As a result, the international
transportation service may not be provided by
a person other than that cited in those
permits.
Article 50.- The carrier
shall submit a written application for the
original service permit, attaching the
following documents and information:
-
Copy of the company's
incorporation documentation and by-laws if
they exist, with the respective record of
their registration; in their absence, the
incorporation certificate issued by the
competent authority, stating the corporate
purpose, reforms, owner's equity, and
duration;
-
Copy of the appointment
of the company's legal representative or, in
its absence, a certificate of that
appointment issued by the competent
authority;
-
Full address of the
company's headquarters;
-
Letter of commitment to
take out the Andean Civil Liability
Insurance Policy for the International Road
Carrier with its Additional Crew Accident
Policy. If the crew carries another kind of
insurance covering injury, the carrier is
not obliged to take out the additional
policy, provided that the risk coverage and
insured sums are equal to or larger than
those established by the Andean Policy;
-
Sphere of operation,
indicating the Member Countries in whose
territories it intends to operate, including
its country of origin;
-
Service routes,
itineraries and frequencies in each Member
Country within its sphere of operation and
for each established trip to be offered; and
-
List and identification
of the vehicles whose approval and
registration it requests. It shall stipulate
which vehicles belong to the company and
which have been leased. The documents and
information requested in article 78 shall be
attached thereto.
Article 51.- The carrier
shall submit a written application for the
complementary service permit, to which it
shall attach the following documents and
information:
-
Copy of the original
service permit and its annexes;
-
Copy of the notarial
power of attorney indicating the appointment
of the legal representative, with full power
to represent the company in all
administrative, commercial and legal acts in
which it shall be involved in the Member
Country where it is applying for a permit;
-
Full address of the
company's legal representative in that
Member Country;
-
Letter of commitment to
take out the Andean Civil Liability
Insurance Policy for the International Road
Carrier and Additional Crew Injury Policy;
-
Service routes,
itineraries and frequencies in the Member
Country where it is applying for the permit
and for each established trip to be offered;
and
-
List and identification
of the approved vehicles with which it shall
operate in that Member Country and for whose
registration it is applying. It shall
indicate which vehicles belong to the
company and which have been leased.
In the case of item f), the
carrier is not obliged to present the
documents or provide the information
stipulated in article 78.
Article 52.- The
application referred to in articles 50 and 51
shall be signed by the company's legal
representative in the Member Country where the
permit is being requested.
Article 53.- The competent
national authority of the respective Member
Country, before granting the original service
permit, shall evaluate the carrier's work
record and capacity.
Article 54.- The competent
national authority shall have a period of
thirty calendar days in which to issue and
deliver to the carrier the original or the
complementary service permit.
The period indicated in the
previous paragraph shall run as of the date of
presentation of the application, together with
all of the documents and information required
in articles 50 and 51, as applicable.
If the documents and
information presented are incomplete or faulty,
the company shall be asked to complete or
rectify them; in that case, the period shall
begin on the day when the requirements have
been fulfilled.
Article 55.- The carrier
shall request the complementary service permit
or permits within ninety calendar days after
the date of issue of the original service
permit; if it fails to do so, the competent
national authority that granted the original
permit shall annul it.
The original service permit
shall also be annulled if, within that same
period computed as of the date of issue of the
complementary permit, the authorized carrier
does not start operating or, if having started
its services, it interrupts them for an equal
length of time, save as provided for in
article 36.
Article 56.- The original
service permit is valid for five years. The
period of validity of the complementary
service permit is subject to that of the
original permit.
The term of both permits
shall be extended automatically for like
periods of time upon expiration, provided that
the competent national authority that granted
them has not issued a final Resolution
suspending or annulling the permits.
Article 57.- The extension
of the validity of the original and the
complementary service permits shall be stated
on the back of those documents.
Article 58.- If a projected
service trip involves passing, between its
origin and destination, through one or more
Member Countries that have not granted the
authorized carrier complementary service
permits, those countries shall allow the
approved vehicles that are providing the
international transportation service to pass
in transit through their territories.
In this case, the
authorities having granted the original and
the complementary service permits shall report
this fact, by letter or facsimile, to the
competent national authority of the Member
Country or Countries through which the
vehicles pass in transit.
That communication shall
indicate the company's name, the kind of
permit issued, the date of its issue, the
routes, frequencies and itinerary assigned for
each established trip, and the list of
approved vehicles.
Article 59.- The competent
national authority that has been notified
pursuant to the previous article, shall
proceed to register the approved vehicles and
request their registration by the customs
authorities of its country.
Article 60.- With the
fulfillment of the stipulations of articles 58
and 59, the Member Countries through which
they pass in transit shall permit the approved
vehicles to move freely through their
territories.
Article 61.- When passing
in transit through a Member Country under the
circumstances envisaged in article 58,
vehicles are authorized to make technical
stops only, such as for mechanical repairs,
fuel replenishment, food provisioning, and
overnight stays by passengers and crew. In
that case, passengers may not be collected or
dropped off and postal packages and parcels
may not be picked up or delivered.
Article 62.- The authorized
carrier may, at any moment, request from the
competent national authority of its country of
origin, a change in its sphere of operation,
as well as its assigned routes, frequencies or
itineraries.
Article 63.- If any
amendments or changes are made in the
company's partnership contract or by-laws
which alter the text of the original or the
complementary service permits, the authorized
carrier shall request that those permits be
modified accordingly.
Article 64.- The original
and the complementary service permits may be
suspended or annulled by the competent
national authorities that granted them. The
suspension or annulment shall be accomplished
through an administrative resolution that
shall be issued in accordance with the
national legal procedures and provisions of
the respective Member Country.
The resolution shall state
the causes for the action to be taken and the
authorized carrier shall be notified thereof.
Article 65.- The authorized
carrier, with the prior specific consent of
the competent national authority, may
occasionally provide closed circuit
international passenger transportation in
approved vehicles.
The competent national
authority that authorized closed circuit
international passenger transportation shall
inform the competent national authority of the
other Member Country involved in the
established trip, by letter or facsimile,
about the authorization granted and shall
indicate the name of the authorized carrier,
the list of crew members, the starting and
ending dates of the established trip, the
authorized route, the cities and places to be
visited, and the characteristics of each
approved vehicle.
The mere fact of
communicating the information stipulated in
this article is sufficient for the respective
Member Country to permit the vehicle's
circulation and the provision of the service.
CHAPTER VI
ON THE CREW
Article 66.- In each
approved vehicle used for the international
transportation, the authorized carrier shall
employ a main and auxiliary drivers and such
other persons as it deems necessary to serve
the passengers in order to ensure adequate
service.
The drivers shall have
their drivers' licenses with them at all times
and these must be valid.
Article 67.- The main
driver is responsible for the correct
provision of the international transportation,
the care and good use of the certificate of
approval and the list of passengers, and for
keeping order, the protection and care of the
passengers and other crew members inside the
bus and the safety of the luggage and postal
parcels being carried.
He also represents the
authorized carrier before the controlling
authorities along the route.
Article 68.- The drivers of
the approved vehicles shall comply with the
land transportation provisions in effect in
the Member Countries in whose territory they
circulate.
Article 69.- The crews of
the approved vehicles may not perform in any
Member Country other than that of which they
are citizens or in which they reside, any paid
activity other than the transportation in
which they are engaged.
Violation of this provision
shall be punished according to the law of the
Member Country where it occurs.
Article 70.- The drivers
and other crew members must be trained in
traffic and land transportation, road safety
and other matters that are essential for the
provision of efficient and safe service.
The authorized carriers
shall prepare and carry out ongoing training
programs for the crew.
Article 71.- The Member
Countries shall adopt mechanisms for
monitoring and evaluating the training
programs.
Article 72.- Authorized
carriers shall cover the expense of returning
the crews of their approved vehicles when they
must leave a country after having completed
the transportation. They shall also cover such
expenses if crew members are unable to
continue the trip because they fail to comply
with national legislation.
CHAPTER VII
ON VEHICLE APPROVAL
Article 73.- The
international transportation shall be carried
out in approved vehicles (buses), which shall
be registered with the competent national
transportation and customs authorities of the
Member Countries through whose territories
they will pass in transit or where they will
provide the service.
Article 74.- Buses owned or
leased by the carrier, which are registered in
the carrier's country of origin or in another
Member Country, may be approved.
The leasing contract may be
signed in a Member Country or in a third
country.
Article 75.- For each
approved vehicle, a certificate of approval
shall be issued at the carrier's request by
the competent national authority of the Member
Country that granted the original service
permit.
Article 76.- Leased
vehicles that come from a third country and
that are to be used for the international
transportation shall be admitted into the
country under a temporary importation regime
for the period of time stipulated in the
respective contract.
Article 77.- The approval
and registration of the buses shall be applied
for at the same time as the original service
permit.
The authorized carrier may
also, at any time, request the approval of new
vehicles, as well as the modification of the
characteristics indicated in article 78b).
Article 78.- In applying
for the approval of the buses, the carrier
shall append the following documents and
information to its request:
-
Copy of the vehicle
registration or of the vehicle ownership
registration for each vehicle; and
-
Characteristics of each
vehicle: license plate number, make, year of
manufacture, chassis number or series,
number of axles, kind of vehicle, number of
seats and external dimensions.
When applying for the
approval of a leased bus, a copy of the
respective leasing contract shall be attached.
Article 79.- In order for
buses to obtain approval, they must meet the
standards contained in the Technical
Regulations on the Limitations on Weight, Type
and Dimension of Vehicles for International
Road Transportation and their corresponding
annex.
Article 80.- Only buses
less than seven years old may be approved and
used for international transportation.
Article 81.- The
certificate of approval shall be valid for
five years. If the leasing contract expires or
the age limit stipulated in article 80 is
reached in less than five years' time, the
period of validity of the certificate of
approval shall be established accordingly.
Article