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Peru Issues Decree Authorizing MTC to Declare Public Transport Emergencies

The measure creates a permanent framework for rapid action during declared transport emergencies.

Overview

  • Legislative Decree No. 1704 was published in the official gazette El Peruano under powers delegated by Congress.
  • The MTC may declare an emergency by ministerial resolution when damage or imminent risk severely disrupts service or endangers users across road, port, airport, rail and waterway systems.
  • Each declaration runs for up to 180 calendar days, is extendable, and must specify the infrastructure to be intervened.
  • During the emergency, the ministry can act directly or hire contractors under public procurement rules, including on concessioned assets and infrastructure managed by regional or local governments.
  • Temporary land use to remove interferences is authorized, permits are deemed approved with subsequent environmental reporting, new traces in protected areas require a prior binding technical opinion, and Defense-sector assets are excluded unless a law provides otherwise.