3.3 Land Transport
A. Sub-Regional Sectoral Agreements
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1. Acuerdo Centroamericano sobre Circulación por Carretera
(Central American Agreement on Highway Traffic)
DATE: June 10, 1958
MEMBERS: Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua
Summary of Provisions
General Provisions (Chapter I)
Article 1: The State Parties, although keeping the right of exploitation of their own highways, agree to their use for international traffic under the conditions established in this
Article 2: For the purposes of this Agreement:
The word “highway” means any public road which is open to the traffic of vehicles, pedestrians and other
Other definitions: “causeway”, “road”, ”intersection”, “conductor”,
“automotive”, “articulated vehicle”, “tow”, “maximum authorized weight”, “tare”, “bicycle”, “motor bicycle”, “motorcycle”.
Chapter II sets general provisions for the traffic in highways, applicable to all
Chapters III to VIII set special provisions applicable to different types of
Final Provisions (Chapter IX)
Entry into Force:
Article 61: This Agreement will enter into vigor on the thirtieth day following the deposit of the third instrument of ratification.
Duration and Denouncement:
1. This Agreement is of indefinite duration.
2. This Agreement may be denounced by any of the signatory States, given a six months
Article 64: The General Secretariat of the Organization of Central American States will be the depositary of the respective instrument, of which it will send certified copies to the Chancelleries of each Party, which will be notified of the deposit of the corresponding instruments of ratification, as well as of any denouncement that has taken place. Once this Agreement enters into force, the General Secretariat of the Organization of Central American States may also send a certified copy of the Agreement to the United Nations to be recorded under Article 102 of the United Nations
Article 65: This Agreement will be open to the Republic of Panama, to join at any time.
2. Acuerdo sobre Reglamentación Básica Unificada de Tránsito
(Agreement on the Unified Basic Regulation of Traffic)
DATE: September 29, 1992
MEMBERS: Argentina, Bolivia, Brazil, Chile, Paraguay, Peru and Uruguay
Summary of Provisions
General Provisions (Chapter II)
1. The rules of traffic contained in this Agreement constitute a minimum and uniform normative basis which will regulate the international vehicular traffic in the territory of the Member
2. Each of the signatory countries will adopt adequate measures in order to assure the implementation of this Agreement’s provisions in its
3. The traffic standards in vigor in the signatory countries’ territories may contain provisions which are not covered in the present Agreement but are compatible with the provisions established in
4. The conductor of a vehicle which circulates in a country is obliged to follow the country’s current laws and
5. In crossing the border, the competent authority of each country will make its current traffic standards and regulations available to the conductors (drivers).
Definitions (Chapter I)
Article 1: The following terms and expressions, figuring in the provisions of this Agreement, have the following
“Road”: Any street, path or way which is open to public traffic.
Other definitions: “causeway”, “lane”, “conductor”, “conductor’s license”, “vehicle”, “pedestrian”, “tow”, “semi-tow”, “motorcycle”, “caravan or convoy”, “sidewalk”, “intersection”, “intersection between the railway and a road”, “demarcation”, “passing a
car”, “parking”, “unloading”, “pace preference”, “competent
Chapters III to VIII cover traffic general rules, drivers or conductors, vehicles, signaling, accidents and mandatory insurance, infractions and
Entry into Force and Duration (Chapter IX)
1 - This Agreement will enter into force thirty (30) days after the ALADI General Secretariat has communicated the receipt of at least four notifications by signatory countries on the fulfillment of the required legal internal provisions in each country.
2 - This Agreement will have a duration of five years, automatically renewable for equal periods, unless a signatory countries decides against it, in which case a renegotiation shall take place.
Adhesion and Denouncement (Chapter X)
1 - This Agreement will be open to the adhesion, under negotiation, of the countries which are members of the Latin American Association of Integration -
2 - The Adhesion will be formalized once its terms have been negotiated between the signatory countries and the solicitant country, through the subscription to an Additional Protocol, which will enter into force thirty (30) days after the requirements established in Article IX of this Agreement have been
3 - Any of the signatory countries may denounce this Agreement after three years of its participation have passed. For such, it will notify its decision with sixty (60) days in advance, depositing the respective instrument with the ALADI General Secretariat, who will inform the other signatory countries of the denouncement. Within one hundred and twenty (120) days of the denouncement’s formalization, the rights and obligations acquired because of the Agreement will automatically
Final Provisions (Chapter XI)
Article XI: The ALADI General Secretariat will be the depositary of this Agreement and will send a copy of it, properly authenticated, to the Governments of the signatory countries.
3. Acuerdo sobre Transporte Internacional Terrestre
(Agreement on International Land Transportation)
DATE: January 1, 1990
MEMBERS: Argentina, Bolivia, Brazil, Chile, Paraguay, Peru and Uruguay
General Provisions (Chapter I)
Article 1: The terms of this Agreement will be applied to the international land transport between the signatory countries, to the direct transport from one country to the other, as well as to when in transit to a third
Article 2: The international transport of passengers or cargo can only be carried by enterprises that are authorized under the terms of this Agreements and its
Article 3: The enterprises will be considered under the jurisdiction of the country in
a) They are legally constituted.
b) The vehicles which are used for the provision of services are located and
c) They have real residence according to the legal provisions of the respective country.
Article 5: Each signatory country will accord to the authorized enterprises of the other signatory countries, on the basis of reciprocity, treatment equivalent to what it accords to its own
Article 8: The signatory countries will adopt special measures for the transport, in railways or highways, of cargoes or products which, because of their characteristics, can become dangerous or impose risks to people’s health, public health, or to the
Article 9: The qualification documents for the conduction of vehicles, issued by a signatory country, will be recognized as valid by the other signatory
About the Annexes:
Article 10: The transport of merchandise taking place under the regime of international customs traffic will be carried according to the standards established in the Annex “Aspects on
Article 12: The authorities on migration of each country will authorize the entry and stay of crew members in its territory, with their traveling vehicle, according to the established in the Annex “Aspects on
Article 13: The enterprises in the area of transport by road undertaking international trips must contract insurance to cover the responsibilities arising from the contract of transport, whether of cargo or persons and
their equipment, accompanied or shipped, and to cover the civil responsibility for injuries or damages caused to third parties which are not being transported, according to the established in the Annex “Insurance”.
Article 15: This Agreement does not mean, in any case, restriction to the facilities which the signatory countries have granted themselves with respect to transport and free
Article 18: When one of the signatory countries adopts measures that affect the international land transportation, it shall make these measures available to the knowledge of the other Competent National Entities, before they enter into
Competent National Entities:
Article 16: The signatory countries will designate their Competent National Entities for the implementation of this Agreement, whose authorities or representatives will constitute a Commission with the purpose to permanently evaluate the Agreement and its Annexes, and to propose modifications to the respective Governments. The Commission will meet by demand of any of the signatory countries, which have to state it with a minimum anticipation of sixty (60)
Final Provisions (Chapter IV)
Article 58: The signatory countries designate as competent national entities for the implementation of this Agreement in its respective jurisdictions, the following:
- Argentina: Department of Transport (Land Transport Division).
- Bolivia: Ministry of Transport and Communications.
- Brazil: Ministry of Transport (National Department of Highways and Federal Railway
- Chile: Ministry of Transport and Telecommunications.
- Paraguay: Ministry of Public Works and Communications (Department of Transport in
- Peru: Ministry of Transport and Communications (Land Traffic General
- Uruguay: Ministry of Transport and Public Works (National Transport
Article 59: Each Competent National Entity will be responsible for the implementation of this Agreement’s
Chapter II sets provisions for the International Transport by Road and Chapter III ser provisions for the International Transport by Railway.
Entry into Force and Duration:
Article 61: This Agreement will enter into force on February 1, 1990 in the countries which have administratively implemented it in their respective territories. For the other countries, it will enter into force when they administratively implement the Agreement in their territories and will have a duration of five years, automatically renewable for equal
Adhesion and Denouncement:
Article 62: This Agreement will be open to the adhesion, under negotiation, of the countries which are members of the Latin American Association of Integration -
The Adhesion will be formalized once its terms have been negotiated between the signatory countries and the solicitant country, through the subscription to an Additional Protocol, which will enter into force thirty (30) days after its deposit with the ALADI General
Article 63: Any of the signatory countries may denounce this Agreement after three years of its participation have passed. For such, it will notify its decision with sixty (60) days in advance, depositing the respective instrument with the ALADI General Secretariat, who will inform the other signatory countries of the denouncement. Within one hundred and twenty (120) days of the denouncement’s formalization, the rights and obligations acquired because of the Agreement will automatically cease.
Decision 257: “Transporte Internacional de Mercancías por
Carretera” (Decision 257: International Transport of Merchandise by
DATE: November 27-28, 1989
Community (Bolivia, Colombia, Ecuador, Peru and Venezuela)
Objective (Chapter III)
Article 5: The Member Countries grant each other freedom of transit to carry the International Transport of Merchandise by Road under the terms and conditions of this
Article 6: The Member Countries, through the Competent National Entity, will allow any of the following modalities for the International Transport of Merchandise by
a) Direct transport, with no vehicle change;
b) Direct transport with no transfer of merchandise, with change in the traction unit;
c) With transfer of the merchandise.
Definitions (Chapter I)
Article 1: For the purposes of this Decision, the following definitions are
“Temporal Admission”, “Customs of Cargo”, “Customs of Destination”, “Customs of Origin”, “Customs of the Border Crossing”, “Letter of International Freight by Road”, “Certificate of Qualification”, “Certificate of Suitability”, “Consignatary”, “Container”, “Contract of Transport”, “Customs Control”, Declaration of International Customs Transit”, “Declarant”, “Customs Deposit”, “Addressee (consignee)”, “Warranty”, “Obligations”, “Handbook of the Land Crew Member”, “Manifest of International Cargo”, “Merchandise”, “Member Country”, “Permit for Provision of Services”, “Seal”, “Remittent”, “Customs Territory”, “Transfer”, “Customs Transit”, “International Customs Transit”, “Authorized Transporter”, “Self Transport”, “Crew”, “Qualified Vehicle”,
“International Transport of Merchandise by Road”: the transport of merchandise from a place of a country where the authorized transporter takes the merchandise under its responsibility, to the designated place for its deliverance, in a different country, in vehicles for the transport by road, in all or part of their route, as a result of a Transport
Application Scope (Chapter II)
Article 2: The Member Countries will apply this Decision to the International Transport of Merchandise by Road, which can only be carried by a juridic person, authorized under the terms established in this Present Decision, from now on called authorized transporter.
Article 3: This Decision will not impose, under any circumstances, restrictions to the facilities for the free traffic and transport of persons, vehicles or merchandise, or over the cross-border transport, which have been or may be granted between each other or with third countries, through bilateral or multilateral agreements or
Article 4: The International Transport of Merchandise by Road, which is the object of the present Decision, considers the following traffic
a) Between Neighbor Member Countries, through their common border;
b) Between Member Countries, passing through the territory of one or more of the other Member Countries;
c) Passing through Member Countries towards third
Recognition (Chapter III): Conditions for the Provision of Transport
Article 8: The licenses to conduct vehicles, granted by any of the Member Countries, will be recognized as valid by the other Member
Article 12: The way in which each Member Country identifies the vehicles used by the authorized transporter (plates and other specific identifications), will be recognized by the other Member
Article 9: The vehicles’ crew will work under the standards and legal provisions regulating the traffic of the Member Country where they operate.
Article 10: The circulation of vehicles will take place in conformity with the current provisions of the Member Countries through which territories this circulation of vehicles is
Transparency and National Treatment:
Article 10: Each Member Country will communicate to the other countries the conditions for such circulation, which in no circumstances can be different from the required for the circulation of its own
Chapter IV covers the Authorization of Transporters and Qualification of
Chapter V covers the Transport Contract.
Chapter VI: Provisions on Customs
Article 37: The Member Countries will authorize transport operations for the International Transport of Merchandise by Road under the regime of international customs traffic, according to the Standards and Principles established in this
Article 38: With the purpose to facilitate the international customs traffic of merchandise, the Member Countries will harmonize and simplify the customs documentation and
Chapter VII: Aspects on Migration
Article 61: Each Member Country will allow, in and out of its territory, the crew of vehicles in operation belonging to the other Member Countries, requiring, for such, the presentation of personal identification documents with the Handbook of the Land Crew Member, issued by the competent authorities.
Chapter VIII: The Andean Committee of Land Transport Authorities
Article 63: The implementation of this Decision will be under the responsibility of an Andean Committee of Authorities on Land
Article 64: The Andean Committee of Land Transport Authorities will be constituted by a representative of the National Competent Entity of each Member Country and a substitute. Article 65: The Andean Committee of Land Transport Authorities has the following
a) To approve the necessary regulation for the implementation of this Decision.
b) To bring to the Board of the Cartagena Agreement the recommendations related to the modification of the terms of this
c) To work for the full application of this Decision and to propose a solution for the problems arising from it to the Competent National Entities of the Member
d) To evaluate and supervise the efficiency of the services, the accomplishment of sub-regional regulations or standards for the implementation of this Decision, as well as the results of bilateral or multilateral agreements signed for its
e) To propose to the National Competent Authorities the orientation and/or work documents to achieve the necessary actions for the implementation of this
f) To recruit representatives of transporters, users and other public or private sectors involved with the International Transport by Road, when the topics of its meetings point that
g) To carry, through the Permanent Technical Secretariat, records of the transporters and vehicles, authorized and qualified by each Member Country; of the Permits for the Provision of Services demanded in each Member Country; and of the technical conditions for the qualification and circulation of the vehicles required by each Member Country for the transport which is the object of this Decision, with the purpose of circulating
h) To process and circulate, through the Permanent Technical Secretariat, technical statistics on the International Transport by Road, reorganized through the National Competent
i) To promote, in coordination with the Member Countries, the harmonization of technical standards and legal provisions of the Member Countries, in the application field of the International Transport of Merchandise by Road.
j) The National Competent Entities constituting the Andean Committee of Land Transport Authorities shall publish a memoir gathering all pertinent information to the period of their
k) To dictate and reform its own regulations.
Article 75 (Chapter X): The Andean Committee of Land Transport Authorities will be installed and will start its sessions ninety days after this Decision enters into
Chapter IX: The National Competent Entities
Article 68: The National Competent Entities designated by the Member Countries will be responsible for the full implementation of this Decision in their
Article 69: Besides what is established in the previous Article, the National Competent Entities shall:
a) coordinate the application of the operational and procedural aspects of this Decision with the respective national authorities;
b) coordinate the execution of the operative aspects of the International Transport of Merchandise by Road with the National Competent Entities of the other Member Countries;
c) establish mechanisms of coordination with the authorized transporters and users of the International Transport of Merchandise by Road of their country;
participate in the establishment of Commissions for Traffic Facilitation at national and border levels, with appropriate capacity and suitability for the solution of problems of users and authorized transporters, in the International Transport of Merchandise by Road; and
e) provide information relating to the International Transport of Merchandise by Road, to the Permanent Technical and Pro Tempore
Entry into Force:
Article 70: This Decision will enter in vigor after its publication in the Official Gazette of the Cartagena Agreement.
Decision 358: Reglamento de la Decisión 257 “Transporte Internacional de Mercancías por
Carretera” (Decision 358: Regulation of Decision 257 on “International Transport of Merchandise by
DATE: May 25-27, 1994
MEMBERS: Andean Community
(Bolivia, Colombia, Ecuador, Peru and Venezuela)
Summary of Provisions
Objective: To approve the Regulation of Decision 257 “International Transport of Merchandise by
Definitions (Chapter I):
Article 1: For the purposes of the implementation of Decision 257 and this Decision, the following definitions are
“Competent National Entity”, the entity responsible for the transport by road in each of the Member Countries, as well as for the full implementation of Decision 257.
The “Competent National Entities” are:
- Bolivia: General Office of Automotive Transport;
- Colombia: General Office of Automotive Land Transport and Traffic;
- Ecuador: National Council on Land Traffic and Transport;
- Peru: General Office of Land Circulation;
- Venezuela: Autonomous Service on Land Transport and Traffic.
Other Definitions: “Operation Scope”, “Cross-border Intersections”, “Declarant”, “Country of Origin”, “Andean System of Highways”, “Authorized Transporter”, “Bound
Conditions for Operations of the International Transport of Merchandise by
Article 2: The international transport of merchandise by road may only be carried by juridic persons, who are constituted and established in one of the Member Countries of the Cartagena
Article 6: The authorized transporter shall determine the transport modality to be used in each operation, taking into account the modalities which are established in Article 6 of Decision 257.
Article 7: The authorized transporter may pick up cargo in any Member Country of the Subregion and transport it to other Member Country; likewise, the authorized transporter may pick up cargo and transport it from a Member Country to a third country, passing through one or more Member Countries different from the country of the beginning of the
Article 8: The operations of the international transport of merchandise by road will take place through the routes that shape the Andean System of Highways, using the cross-border intersections established in Decision 271. Such operations may also take place through the routes and cross-border intersections to which the Member Countries have agreed through bilateral or multilateral
Chapter III covers the authorizations to operate, what includes issues relating to the certificate of suitability, the permit for the Provision of Services, and modifications of the scope of operation.
Chapter IV covers the qualification of
vehicles, Chapter V covers the records of the qualified enterprises and vehicles,
Chapter VII the legal representative of the authorized transporters,
Chapter VIII enterprises carrying their own transport operations and
Chapter IX covers the documents necessary for the provision of transport
The Civil Responsibility Insurance Policy for authorized transporters is the issue of
Chapter X, and the Handbook of the Land Crew Member is the issue of
Chapter XI. Chapter XII covers the request for duplicates of transport documents.
Private Sector Participation in the Committee’s Meetings:
Article 128: The organizations of authorized transporters for the international transport of merchandise by road and of users of the international transport of cargo will be represented in the meetings of the Andean Committee of Land Transport Authorities called by the Permanent Technical
Article 130: The representative of the organizations of the authorized transporters for the international transport of merchandise by road and users of the international transport of cargo will be accredited to the presidency of the Andean Committee of Land Transport Authorities and to the Cartagena Agreement’s Board before each meeting, through its corresponding
Other Provisions (Chapter XIV)
Article 132: The authorized transporter shall communicate to the competent national entity of its country of origin any modifications which may be introduced to the statutes of the enterprise. For such it will have a period of five (5) business days, considered from the date of the corresponding entry, registration or record, and communicate, when necessary, to the other competent national entities which have been granting it a Permit for the Provision of
Article 134: It is created an Andean Record of Authorized Transporters and Qualified Vehicles for the International Transport of Merchandise by Road, which will be the responsibility of the Cartagena Agreement’s
Entry into Force:
Article 137: This Decision will enter into force after its publication in the Official Gazette of the Cartagena Agreement.
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