Andean Community Commission
International Passenger Transportation by Road, Replacing Decision 289
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
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
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
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
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
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
- 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
- Copy of the appointment of the company's legal representative or, in
its absence, a certificate of that appointment issued by the competent
- 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
- 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
- Letter of commitment to take out the Andean Civil Liability Insurance
Policy for the International Road Carrier and Additional Crew Injury
- Service routes, itineraries and frequencies in the Member Country
where it is applying for the permit and for each established trip to be
- 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
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
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
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.
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.
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
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
- 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 82.- The competent national authority shall issue and
deliver the bus certificates of approval, together with the original
When new vehicles are to be approved, this shall be accomplished within
a period of eight calendar days after the date of presentation of the
application accompanied by the respective documents and information.
Article 83.- Vehicles approved by a Member Country shall be
recognized by the other countries as suitable for international passenger
transportation by road.
Article 84.- In order to apply for registration of the approved
vehicles in Member Countries other than the carrier's country of origin, it
is necessary to attach a copy of the original service permit and its
Article 85.- The competent national authority that registers the
approved vehicles shall communicate this fact to the customs authority of
its country, requesting their registration also.
Article 86.- The national transportation and customs authorities
shall have periods of two and four working days, respectively, in which to
register the approved vehicles.
Article 87.- Vehicles shall bear their respective certificates of
approval during the international transportation.
Article 88.- The authorized carrier shall report to the competent
national authority of the Member Country that granted it the original
service permit, about the withdrawal of any approved vehicles from its
fleet, so that note may be taken in the respective annex and the pertinent
certificate of approval and registration may be annulled.
Article 89.- The competent national authorities shall permit the
use of a vehicle that has not been given approval, belonging to the
carrier, a third party or another authorized carrier, in order to continue
an international transportation operation that for reasons of force majeure
or an act of God cannot proceed in the original vehicle. The service shall
continue to be provided under the responsibility of the authorized carrier
that issued the passenger list and travel tickets.
ON THE TRANSPORTATION CONTRACT
AND THE OBLIGATIONS
First Section of the Contract
Article 90.- Each passenger that uses the international
transportation shall be covered by a transportation contract whose
conditions shall be established on the travel ticket.
The travel ticket proves the existence of the transportation contract.
Article 91.- The issuing of the travel ticket by the authorized
carrier and its acquisition by the passenger implies the acceptance and
submission of both parties to the contract terms.
Article 92.- The travel ticket shall be issued by the authorized
carrier on an individual basis and in the passenger's name.
Article 93.- Through the travel ticket, the authorized carrier
commits itself to transport the passenger from a city of origin to a city
of destination located in different Member Countries, using a
preestablished route, itinerary and schedule.
Article 94.- The travel ticket shall be numbered and shall
contain the following information and stipulations:
- Company name and address of the authorized carrier;
- Passenger's family and given names;
- Passenger's city and country of origin and city and country of
- Place and date of issue of the travel ticket;
- Total price of the travel ticket, including tax;
- Starting date and time for the trip;
- Conditions for endorsement, postponement, refund and expiration;
- General features of the insurance coverage;
- General description of what is considered to be luggage; and
- Maximum permitted luggage weight or volume per passenger.
The authorized carrier may, on the back of the travel ticket or on a
separate sheet attached to it, establish general clauses for the
contracting of the international transportation, which shall be accepted by
the passenger at the moment of its purchase.
A sheet attached to that travel ticket shall give the addresses of the
terminals on the itinerary.
Article 95.- The travel ticket shall be issued in as many copies
as needed to comply with the transportation itinerary commitment to the
passenger. It shall contain one copy that shall remain in the authorized
carrier's possession and another in the passenger's.
Article 96.- Before starting the trip, the authorized carrier
shall let passengers know their assigned seat numbers.
Article 97.- Passengers deciding not to make the trip or to
postpone it shall communicate this fact seventy-two hours before the
scheduled starting time. In the former case, they shall be entitled to a
refund of ninety percent of the fare stated on the ticket after the
deduction of taxes.
The travel ticket expires if passengers do not use it on the stated
starting date for the trip and fail to communicate the fact that they will
not be making or are postponing the trip, as stipulated in the previous
paragraph. Tickets without any starting date expire one calendar year after
their issue date.
If their travel tickets expire, passengers shall not be entitled to
demand a refund of the value of those tickets.
Article 98.- The lack or loss of a travel ticket, as well as any
irregularity in the information it contains, shall not affect the existence
or the validity of the transportation contract or relieve the authorized
carrier of its obligations or responsibility to the passenger if the
relationship is proven by other legally accepted means.
The omission of an item or some of the information stipulated in article
94 does not affect the juridical validity of the travel ticket.
Article 99.- Any stipulation contained on the travel ticket or in
the general contract clauses that deviates directly or indirectly from the
provisions of this chapter, if to the passengers' detriment, shall be null
and without any effect whatsoever. The foregoing shall not affect the other
stipulations contained on the travel ticket or in the general contract
Article 100.- The stipulations of this Decision and their
complementary provisions are applicable to the transportation contract,
together with the national provisions of the respective Member Country in
all matters not covered by those stipulations and their provisions.
Article 101.- The provisions of this chapter are applicable to
all such claims as may be filed against the authorized carrier, its
representatives or agents with regard to the performance of the
On the Responsibility
Article 102.- The authorized carrier is the only party
responsible to the passenger for the performance of the transportation
contract, although during the operation the carrier may use the services of
third parties --in the latter case, provided that this does not generate a
new transportation contract.
It is also liable to third parties for any such damages and losses as
may be caused during the operation.
Article 103.- Passengers must carry the documents and fulfill the
necessary requirements for entry into, passage in transit through, a stay
in, and departure from the Member Countries through whose territories they
travel. The authorized carrier is responsible for providing the pertinent
Passengers shall furnish the authorized carrier with the necessary
information and documents for carrying out customs formalities with the
respective authorities. The authorized carrier is not obliged to examine
the documents and information given to it to determine whether they are
Passengers are responsible for any damage that could result from the
irregularity of or failure to present the documents and information
Article 104.- The authorized carrier is liable for any damages
and losses that could be caused by the loss or incorrect use of the
documents provided by passengers during their trip.
Article 105.- Passengers have a right to demand that the
authorized carrier transport them from the city of origin to that of
destination, in accordance with the established terms of the travel ticket.
If, for reasons attributable to the authorized carrier, the trip fails
to be started, the carrier shall refund to the passengers the entire cost
of their travel tickets. If the cause is one of force majeure or an act of
God, it shall refund ninety percent of the ticket cost minus tax.
If the trip is interrupted after it has started, the authorized carrier
shall be obliged to pay passengers the travel costs involved in reaching
their respective destinations via a similar transportation medium.
Article 106.- The authorized carrier may not allege damage to or
the lack of a vehicle, or mistakes in operation, or the negligence of its
subordinates, as a pretext for freeing itself from its responsibility.
Article 107.- Passengers shall be covered, in all international
transportation and throughout the trip, by an injury insurance policy
previously taken out by the authorized carrier.
Article 108.- In the case of an accident, the authorized carrier
is obliged to give passengers and crew the necessary assistance. It shall
also, and immediately, cover the medical, hospitalization, surgical,
pharmaceutical and internment costs without this signifying that it
recognizes its responsibility for the event.
An action may be brought to recover those expenses from any party that
may have the obligation to pay them.
Article 109.- An authorized carrier that has not taken out or
that does not hold a valid injury insurance policy for passengers and crew
shall, in the event of an accident, cover on its own account the expenses
indicated in the previous article.
Article 110.- Before starting the trip, passengers carrying
luggage with them shall hand it over to the authorized carrier, which is
obliged to issue a numbered claim or receipt for each suitcase or bundle
Article 111.- The failure of passengers to appear on the date and
at the time stipulated for the start of the trip frees the authorized
carrier from its contractual obligation to them. The same thing applies in
the event that, after the trip has started, passengers decide on their own
to interrupt it at any point along the route.
Article 112.- The authorized carrier shall not transport:
The authorized carrier shall not be responsible for
the contents of suitcases or bundles carried by passengers as luggage, nor
for the contents of such postal packages and parcels as it may carry. The
liability lies with the respective passenger or sender.
Article 114.- The carrier's civil liability shall not exceed the
amounts established as coverage for the Andean policy.
- Persons who, at the moment of boarding or during the trip, are in
abnormal physical or emotional states that could threaten the order or
safety of the transportation, or who are under the influence of
alcoholic beverages or drugs;
- Animals and objects that may disturb or pose a threat to passengers or
- Persons carrying weapons, ammunition, explosives, chemicals, or
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