Conditions for operating license according to the National Ordinance Passenger Transport

ORANJESTAD - In response to the incident that occurred on November 20, 2019, about the route that buses should drive according to the operating license, the Minister of Transport, Communications and Primary Sector makes the following comments.

The Department of Public Transport (Departamento Transporte Publico) falls under the Ministry responsible for passenger transport. The Departamento Transporte Publico must implement the objectives of the National Ordinance Passenger Transport for issuing an operating permit, advise the minister in question in this regard and arrange for its registration. The department is also responsible for monitoring compliance with the aforementioned national ordinance.

According to Article 34b (1) of the National Ordinance on Passenger Transport (LvPv) (AB 1995 no. GT 23), the officials designated by national decree are responsible for monitoring compliance with the provisions laid down by or according to this national ordinance. Such a national decree is published in the National Gazette of Aruba. Besides, paragraph 2 (c) states that the officials referred to in the first paragraph are, exclusively to the extent that this is reasonably necessary for the performance of their duties, competent to stop any person transporting persons.

Article 24 of the National Decree on General Provisions for Supervision (AB 1998 No. 70) stipulates that the power to force the vehicle to stop or to stop the vehicle will only include the power to stop the vehicle if the power is assigned to uniformed officials of the Aruba Police Force or other uniformed officials appointed by national decree. In this case, the uniformed supervisors working at the Departamento Transporte Publico (DTP)

Furthermore, according to the Article 20, preamble, under c of the LvPv, the license by the reasoned decision of the Minister of Transport and Communications will be withdrawn permanently or for a period to be determined in that decision if the license holder acts contrary to the provisions of the license.

Considering the above and based on the internal and external controls that will take place, the minister indicates that, first of all, a warning will be sent to the license holder if it is established that the person concerned is acting contrary to the provisions of the license. 

Secondly, the operating license will be withdrawn for a specific period if the license holder does not respond to the warning.

If, after the warning and the temporary withdrawal of the operating license, the license holder still acts contrary to or does not comply with the provisions of the license, the operating license will be definitively withdrawn.

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