Draft bill 200.

Summary.

The draft bill amends Law 14 of 1993 to direct concessions toward continuous, safe, economical and efficient service. It defines medium sized buses, concession contracts, concessionaires and internal or feeder routes. It places transport workers under their concessionaires’ supervision and makes concessionaires liable for harm caused by workers under their control, in accordance with the Civil Code (Código Civil). Any person could file complaints with the Land Transit and Transport Authority (Autoridad del Tránsito y Transporte Terrestre) seeking fines, compensation, service adjustments or the exercise of the authority’s powers. The bill specifies complaint details and evidence, identification and summons of the respondent, and reconsideration and appeal before the Board of Directors (Junta Directiva), under Law 38 of 2000. Contractual clauses releasing transport workers or concessionaires from liability would be void.

Services would be provided under concession contracts awarded by public tender in accordance with the Public Procurement Law (Ley de Contrataciones Públicas). The Regulatory Entity (Ente Regulador) would determine routes and organize a five year transition for existing permanent concessions, including training for concessionaires and transport workers. The contract held by Transporte Masivo de Panamá, S.A. is excepted from that transition. Tender documents would identify routes, operating areas or stands; awards would consider resources, organization, fares and integration with the Metro system. Contracts would cover safety, environmental protection, comfort, maintenance and early termination. The Regulatory Entity would establish coordination rules among concessionaires and with the Metro. The authority would review the fare system at least every five years and include fares in concession contracts. The bill repeals Article 24 of Law 14 of 1993.

Concessionaires would control their routes, subject to oversight by the Land Transit and Transport Authority (Autoridad de Tránsito y Transporte Terrestre). If a concession ends early, the authority would publish a tender notice within no more than two months. Its director general would order early termination through a reasoned decision appealable to the Board of Directors. To preserve service, the authority could temporarily request service from Transporte Masivo de Panamá, S.A. or take other measures. Every transport worker would join the concessionaire’s payroll, under the Labor Code (Código de Trabajo) and the applicable social security system. Vehicles would display identification, route, schedule and fare information. Concessionaires would maintain and share records of workers and vehicles; the authority would also maintain a public national register. Charging workers to operate on a route would be prohibited and grounds for termination. Within five years, concessionaires would add their transport workers to their payrolls and bear fleet maintenance and replacement costs without passing them on to workers. They would discipline workers for specified conduct, while the authority would sanction specified concessionaire breaches. Articles 33-A, 33-B and 35-A would be repealed.

The text addresses continuity when a vehicle is subject to a precautionary measure, fare reviews and special night, luxury and express fares. It regulates vehicle conditions and inspections, involving the National Police Traffic Operations Directorate (Dirección de Operaciones del Tránsito de la Policía Nacional), and tourism transport with the Panama Tourism Authority (Autoridad de Turismo de Panamá). It also addresses employment relations and insurance for passenger injury or death. An amendment to Law 34 of 1999 would require the Board of Directors to submit regulations to the Executive Branch (Órgano Ejecutivo). The National Assembly (Asamblea Nacional) and the transit authority would prepare and publish a consolidated text of Law 14 of May 26, 1993. The bill gives retroactive effect to earlier permanent concessions, subject to the stated exception, and would take effect upon promulgation. Its provisions would concern transit authorities, concessionaires, transport workers, passengers, insurers and tourism transport providers.