Land Transport Regulations in Venezuela: Powers and Rights
Decision Notification: Article 208
The final decision shall be notified to the addressee even if they have not been present at the hearing.
Jurisprudential Trends
‘Pico y Placa’ in Caracas: Improving Mobility
Pico y Placa (license plate restrictions) in the morning and afternoon, going to Chacao, is the first step in a plan to improve mobility across Caracas.
Distribution of Powers
Article 4. The regulation of land transport falls under the purview of the competent bodies in this area. The jurisdiction is divided between the National Public Power, state, and municipal authorities.
Jurisdiction of National Public Power
Article 5. The National Public Power is responsible for the following aspects of land transport:
- Issuing licenses.
- Maintaining the National Register of Vehicles and Drivers.
- Determining the types of transport units.
- Setting national conditions for the provision of public and private transportation services.
- Regulating public land transport of passengers on suburban and intercity routes (without prejudice to the powers of municipalities or metropolitan governments).
- Managing cargo transportation at the national level.
- Implementing the sanctioning system.
- Monitoring and controlling traffic on roads (without prejudice to the powers of states and municipalities).
- Providing related services at the national level.
- Establishing road traffic procedures.
- Creating rules and administrative techniques for the construction, maintenance, and management of roads.
- Granting concessions.
- Managing toll stations.
- Setting tariffs at the national level.
- Other responsibilities as defined by law.
Jurisdiction of the State Public Power
Article 6. The State Public Power has jurisdiction over the following aspects of land transport:
- Conservation, management, and exploitation of roads and highways, in coordination with the National Public Power.
- Public land transport services and passenger terminals within the state.
- Implementation, maintenance, management, use, and control of state road traffic.
- Allocation of fines imposed, in accordance with the provisions of this Law.
Jurisdiction of Municipal Public Power
Article 7. The Municipal Public Power has jurisdiction over the following aspects of land transport:
- Provision of public land transportation services.
- Establishment of urban areas and urban route terminals for suburban and interurban transport and passengers to and from destinations within the limits of its jurisdiction, under applicable national standards and operating conditions.
- Public and private land transport services within its jurisdiction.
- Traffic engineering to manage the movement of vehicles and people in accordance with national rules.
- Issuing licenses or permits for horse-drawn vehicles.
- Construction and maintenance of urban roads.
- Related services.
- Allocation of fines imposed in accordance with the provisions of this Act.
- Traffic control and monitoring, according to national legislation.
- Other responsibilities as assigned by law.
Any restriction of movement that municipalities wish to apply must be assessed and approved by the Ministry of Popular Power qualified in the field of land transport.
User Rights
Article 14. Users of public roads, whether permanent or occasional, are entitled to move freely, in conditions of adequate traffic flow and safety. They will be compensated by those responsible for road management for personal injury and material damage attributed to poor road conditions.