Decree 25 2010 Suspending the Granting of Permits for the Operation of Paid Public Passenger Transportation Service in All Its Modalities

The General Directorate of Transportation must suspend the granting of new OPERATING PERMITS TO PROVIDE FOR THE FIRST TIME THE SERVICE OF PAID PUBLIC TRANSPORTATION OF PERSONS IN ALL ITS MODALITIES, as well as increases to Operating Permits for Public Transportation of Persons already authorized excluding the Public Transportation of Persons Service of Rigid Executive Category and/or Superior Category and the contracted service of public and private passengers for the remainder of the current year two thousand ten, and effective as of the date of the validity of this Decree.

In cases where the need for the creation of a new route is demonstrated, in communities where there is no means of transportation and where the population jointly with local transportation formally requests it, the General Directorate of Transportation must resolve after previously hearing the opinion of the National Transportation Council, an opinion that shall not have binding character. Likewise, the request must be accompanied by the corresponding socioeconomic study. The General Directorate of Transportation must hear the corresponding legal opinion before issuing the resolution. It is understood that category migration does not constitute a new Certificate or Operating Permit.

Authorize the change and/or renewal of the public transportation fleet of persons without this implying an increase to it, nor the change of category of this service for the benefit of the population.

The State Department in the Offices of Public Works, Transportation and Housing (SOPTRAVI), through the General Directorate of Transportation, must proceed to review the Operating Permits and Operating Certificates granted during the period between January 2009 through January 2010 inclusive, and in cases where the existence of irregularities is determined, proceed to their invalidity, cancellation or extinction in accordance with law, prior to an opinion from the Attorney General of the Republic. The Ordinary Commission for Control and Monitoring of the National Congress must follow up on the Report sent to the Superior Court of Accounts and the Public Ministry. The Prosecution Against Corruption must conduct a review of all permits that in accordance with this Article have been declared invalid, cancelled or extinguished, in order to determine the criminal and administrative responsibility that may apply. Transportation operating permits must be granted through the processes established by Law. The results of these processes must be reported to the Honduran people through publication in a National circulation newspaper including the corresponding list of granted permits.

The State Department in the Offices of Public Works, Transportation and Housing (SOPTRAVI), through the General Directorate of Transportation, must update and periodically publish the census of all vehicles authorized to provide passenger transportation service, confiscating and placing at the disposal of the competent authorities the units that are detected operating irregularly, applying administrative sanctions and referring to the competent agencies the respective files so that the actions that correspond in law may be executed. TRANSITORY PROVISION

Exceptionally, requests that are currently in process at the General Directorate of Transportation and that are duly justified and comply with the requirements established in accordance with the Law, may be granted.

This Decree shall enter into force twenty (20) days after its publication in the Official Newspaper La Gaceta. Given in the city of Tegucigalpa, municipality of the Central District, in the Session Room of the National Congress, on the fifth day of the month of May of two thousand ten. LENA KARYN GUTIÉRREZ AREVALO PRESIDENCY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY ELISEO NOEL MEJÍA CASTILLO SECRETARY To the Executive Branch. Therefore: Execute. Tegucigalpa, M.D.C., May 31, 2010. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC The State Secretary in the Offices of Public Works, Transportation and Housing. MIGUEL RODRIGO PASTOR MEJIA LIC. MARTHA ALICIA GARCIA MARCO ANTONIO RODRIGUEZ CASTILLO Coordinator and Supervisor Miraflores Colony Telephone/Fax: Management 230-4956 Administration: 230-3026 Plant: 230-6767 GOVERNMENTAL CIVIC CENTER