Land Transport Regulations in Venezuela: Legal and Administrative Framework
Constitutional and Legal Basis for Land Transport in Venezuela
Constitutional Basis
Article 156, paragraph 26 of the Constitution of the Bolivarian Republic of Venezuela (CRBV):
It is the responsibility of the National Public Power to regulate navigation and air transport, land, sea, river, and lake transport, including national ports, airports, and related infrastructure.
Legal Basis
Official Gazette No. 38,985, dated August 1, 2008: Land Transport Act
Object of the Law
Section 1: This law aims to regulate road transport to guarantee the right to free movement of persons and goods throughout the national territory. It also governs the economic activity of transport and related services on public and private roads for public use. Furthermore, it addresses the planning, implementation, management, control, and coordination of the conservation, development, and infrastructure management, all of which constitutes the National Land Transport System.
Rail transport is excluded from this Act and is governed by special laws.
Purpose of the System
Article 2: The National Road Transport System aims to organize, process, and guide the sector towards its full development. It also focuses on the implementation of the infrastructure needed for efficient operation and coordination among the competent organs of Public Power in the direction, planning, and implementation of procedures for the control of land transport.
Administrative Officers
Article 16: The administrative authorities for road transport nationwide are the ministry of people’s power with competence in the field of land transport and the National Institute of Land Transport. At the state level, these authorities are municipal governorates, municipalities, and metropolitan areas, through their competent administrative bodies, within their respective jurisdictions.
Enforcement Bodies
Article 18: For the purposes of this Act, the enforcement bodies responsible for carrying out authorities and verifying the control of the National Land Transport are:
- The Technical Monitoring of Land Transport, under the supervision and assignment of the National Institute of Land Transportation.
- The national, municipal, and state police, duly approved, which, under this Act, are within their control functions of the operation of land transport.
- The National Armed Forces, which may act as the executing body of this Act, without prejudice to the functions conducted by police and enforcement agencies mentioned above.
Obligations Covered by the Law
Owner Obligations (Article 72 of the Transport Law)
Article 72: Any owner of a vehicle is subject to the following requirements:
- Register the vehicle in the National Register of Vehicles and Drivers within thirty (30) business days following purchase and make the markings required by the National Institute of Land Transport within the same period.
- Timely payment of fees, taxes, and other levies.
- Notify the National Register of Vehicles and Drivers of changes in the pattern of vehicle ownership and changes of identification, address, or trade name, in the terms established by the regulations of this Law.
- Report in writing by expert appraisers, approved by the National Institute of Land Transport, to the National Registry of Vehicles and Drivers when the vehicle is made permanently unusable or is declared a total loss and other cases provided for in this Act.
- Keep the vehicle in good conditions of safety, operation, control of gas emissions, and noise pollution of the environment.
- Provide the vehicle with all documentation and identification features provided by this Act, as well as their corresponding identification tags, repair, and maintenance in good condition and visibility.
- Carry out the review, technical, vehicle mechanics, and physics in the terms specified by the regulations of this Law.
- Maintain in force liability insurance.
- Other obligations brought forth by this Act and its Regulations.