The Superintendency of Transportation asked the Mayor of Bogotá to exhaustively review Agreement 607 of 2024 that It was approved in a second debate in the City Council, in order to verify which act complies with the current regulation..
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The Agreement “through which provisions are established to promote good practices in the application of summonses for violation D12”, would introduce new rules, related to the control of the unauthorized provision of transportation services.
Given this change, the Superintendency of Transportation recalled that the procedure that has been established by the legislator, regarding traffic or transportation regulation, cannot be ignored.
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For the Superintendent of Transportation, Ayda Lucy Ospina Arias, it is important to highlight that, “For the Entity it is of utmost importance that there are initiatives aimed at ensuring that the operational control authorities are guarantors of respect for the rights of the different road actors, however, it is important to remember that in accordance with the provisions of paragraph 3 of the article 6 of Law 769 of 2002, “the governors and mayors, the Departmental Assemblies and the Municipal Councils, may not, in any case, dictate traffic regulations of a nature permanent, involving additions or modifications to the traffic code.” The above shows the impossibility of making any alteration to its procedures, which is why we make a special call to the District Administration to rigorously review the text of the Agreement, since, although it is everyone’s duty to safeguard the rights of citizens “We must also ensure that the Law is complied with and especially when it comes to road safety and the lives of others.”.
Among the powers that the Council of Bogotá has is that of “Dictate traffic and transportation rules”However, it is essential to remember that, neither openly nor covertly, nor consciously or unconsciously, the scope of the legal provisions regarding administrative violations of traffic or transportation regulations could be determined by District Agreement.
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As well as, when it is intended to condition the application of legal regulation, ignoring the procedure that has been established by the legislator when an infraction is committed; or when the exercise of the operational control authority is restricted, imposing that when two independent infractions result from the same conduct, only one infraction is reported so that it can be investigated, ignoring the ideal combination of administrative infractions.
Taking into account its inspection, surveillance and control functions, the Superintendency of Transportation calls on the territorial authorities to continue with the efforts they deploy in their jurisdiction, to control compliance with traffic and transportation regulations, guaranteeing not only the rights of offenders, but also the rights of duly authorized public transportation service providers.
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