CONSTITUCION POKLITICA DEL PERU

LAW Nº 27181 - General Law of Transportation and Land Transit CONCORDANCES: D.S. Nº
016-2009-MTC (TUO of the Regulation - Transit Code) D.S. Nº 033-2001-MTC
(REGULATIONS) OTHER CONCORDANCES THE PRESIDENT OF THE REPUBLIC AS A
REGIME: The Congress of the Republic has given the following Law: THE CONGRESS OF THE
REPUBLIC; The following Law has been issued: GENERAL TRANSPORT AND LAND
TRANSIT LAW TITLE I DEFINITIONS AND SCOPE OF APPLICATION Article 1.- Scope of
application 1.1 This Law establishes the general economic, organizational and regulatory guidelines
for land transportation and transit and governs all the territory of the Republic

The State ensures that all agents involved in transport and transit perceive and assume
the total costs of their decisions, including costs incurred on third parties as a result of
such decisions. Likewise, it promotes the existence of real and competitive prices in the
markets for transport inputs and services and corrects, through the charging of fees or
other similar mechanisms, the distortions of costs generated by vehicular congestion and
pollution. 6.2 When cost correction is not possible, administrative restrictions apply to
control traffic congestion and ensure the protection of the environment, health and safety
of people. Article 7.- Rationalization of the use of infrastructure 7.1 The State promotes the
use of modern traffic management techniques in order to optimize the use of existing
infrastructure. For this purpose, it promotes the definition of standards through regulations
and national technical standards that guarantee the coherent development of traffic control
systems. 7.2 In order to induce rationality in decisions on the use of road infrastructure, the
State seeks to transfer the costs associated with the shortage of road space by charging
fees to those who generate traffic congestion. 7.3 The means of transport that show
greater efficiency in the use of road capacity or in the preservation of the environment are
subject to preferential treatment by the State. 7.4 The State should ensure that the
activities that constitute travel generation or attraction centers contemplate enough space
so that the demand for parking that they generate is satisfied in areas outside the public
highway. Likewise, it tries that the entry or exit of vehicles to such enclosures does not
cause interference or impacts in the neighboring roads. For this purpose, the State is
empowered to oblige the originator of the interference or impacts to the implementation of
elements and road devices and traffic control that eliminate such impacts

ADVANTAGES

Article 4.- Free competition and the role of the State

4.1 The state role in transport and land transit comes from the definitions
national economic and social policy. The State encourages free and fair competition in the
transport, fulfilling functions that, being important for the community, can not be
developed by the private sector.
4.2 The State focuses its action on those transport markets that present
distortions or limitations to free competition. In particular, he directs his attention to
markets that develop in areas of low transport demand in order to improve the
competitiveness in the same and to the existing ones in urban areas of high density of
activities in order to correct the distortions generated by traffic congestion and
pollution.
4.3 The State seeks to protect the interests of users, health care and
security of people and protection of the environment.
4.4 The Executive Power may establish temporary measures that promote renewal
of the automotive park.
CONCORDANCES: D.S. N ° 032-2003-MTC
D.S. N ° 213-2007-EF (Supreme Decree that creates the Temporary Regime of
Renewal of the Automotive Park to promote
the change of energy matrix)
Article 5.- Promotion of private investment
5.1 The State promotes private investment in infrastructure and transport services, in
any of the business and contractual forms permitted by the Constitution and the
laws
5.2 The State guarantees the stability of the rules and the fair treatment of the agents
private companies so that market conditions are not unjustifiably altered
base of which they make their decisions on investment and operation in the matter of transport.
5.3 The conditions of access to the market are regulated by the rules and principles
contained in this Law and the current ordinance

The State promotes private initiative and free competition in construction and
operation of land terminals for passengers or goods, without prejudice to the
compliance with the provisions of this Law, especially in paragraph 7.5 of Article 7,
and in accordance with current national or local regulations that may be applicable.

DISAVANTAGES
The regulatory competence consists of the power to dictate the regulations that govern
in the different levels of the national administrative organization. Those of a general nature
that govern throughout the territory of the Republic and that are mandatory for all
entities and persons from the public and private sectors, including the authorities of the
Executive Power, its different entities and regional or local governments, will be
exclusive competence of the Ministry of Transport, Communications, Housing and
Building.
11.2 Local governments issue complementary rules for the application of the
national regulations within their respective territorial area and competences, without
transgress or denaturalize this Law or national regulations

The authorities holding the management competence may delegate partially

his faculties in other entities. The responsibility for non-compliance of function is
non-delegable. Does not include the exploitation of transport infrastructure for public use.