To regulate the time of use of passenger transport buses, the Ministry of Communications, Infrastructure and Housing (CIV) sent to the Attorney General’s Office (PGN) a proposal that attaches to the current transport law and in which it leaves in the responsibility of the carrier, the legal representative or the owner of the vehicle, guarantee that the units are in appropriate conditions for circular.
After the accident occurred in Zone 16 of Guatemala City, in which a bus fell to a ravine and caused the death of 54 people, President Bernardo Arévalo publicly announced his intention to reform the transport regulation or even create a new one. As part of these changes, the Government tried to comply with mandatory insurance for damages to third parties. However, the regulations were rejected by a majority of the population.
In this regard, the Deputy Minister of Transportation, Fernando Suriano, explained that several actions are carried out in monitoring and in accordance with that presidential commitment, including the reform to the regulation that establishes the seniority limit of 25 years for passenger transport buses. These actions, according to Suriano, are coordinated in parallel and with the participation of different actors, both from the public and private sector.
In that sense, Suriano clarified that there is already a legal framework that clearly defines responsibilities. These fall into the bearing, the legal representative or the owner of the vehicle, who must ensure that the units are in adequate conditions to circulate.
“The age of the vehicle is not the only determining criterion, since there may be relatively new units in poor condition. Therefore, a reform is being raised to the regulation that was already agreed with the three main leaders of the transport of people, who, in turn, must socialize it with their members,” he said.
He added that the document was recently sent to the PGN to continue its official process.
He clarified that the current proposal strictly attaches to what the law indicates and that the rules for reviews are already contemplated both in the regulations and in current legislation.
Suriano said that, according to the proposal, those responsible for vehicles – sports, owners or legal representatives – must bring detailed records and maintenance logbooks, which demonstrate the appropriate conditions of the units.
These records must be available mainly for the General Directorate of Transportation, although their possession corresponds directly to the owner, as established by law. The objective of this measure is to prevent the State from assuming responsibilities that legally do not correspond to it, and that each one fulfills their obligation.
Given the consultation on whether, upon receiving the endorsement of the Attorney General’s Office, the transporters will be obliged to present evidence that their units are in good condition, Suriano explained that it is not yet adequate to draw conclusions until the regulation is official and published.
Consensus
Carlos Vides, president of the Board of Directors of the Extraurban Passenger Transport Transportation (Gretexpa), confirmed that the proposal was sent to the PGN and was agreed with said institution.
Vides explained that it is a “certification of physical and mechanical review functionality”, and stressed that it is the obligation of the bearing to perform the verifications of the mechanical and security conditions of the units.
“A log should be carried out for each unit, in which the preventive and corrective services carried out are detailed. The review will be carried out by a technician or professional in automotive mechanics, or by the workshop of the authorized carrier registered with the SAT,” he said.
Vides added that the General Directorate of Transport (DGT) will establish the mechanism for the presentation of said certificate. As for the proposal to request that document, he said it is “reasonable.”
“We consider it prudent and provide security to the user,” he said.
Mandatory insurance
About the mandatory insurance that months ago caused protests, Suriano confirmed that there is already a work agenda and that, in recent weeks, meetings have been held with the different sectors involved.
In addition, he mentioned that there would be a new meeting to monitor the work route. He stressed that it is not sought to consult only a small group, but to all sectors involved: users, transporters, insurance, financial entities, among others.
In the public sector, the official said that the main participants have been the Ministry of the Interior – then the Rector according to the Law -, the Ministry of Communications, the General Secretariat of the Presidency, the Superintendence of Tax Administration (SAT) and the Ministry of Finance.
The Deputy Minister emphasized that the mandatory insurance regulations were not fully rejected, but found resistance in a specific sector, but also received support from other groups, such as cargo carriers, who are even actively demanding it.
He recalled that the mandatory insurance regulations were initially approved by former President Jimmy Morales, in 2019, but was repealed during the government of Alejandro Giammattei. Subsequently, new regulations arose that failed to be effectively implemented. Therefore, the current government promised to work with all sectors to build a viable regulation that complies with the provisions of the 1997 law regarding the mandatory insurance.
Although the Deputy Minister of Transportation states that several sectors participate in the discussion tables on insurance, Edgar Guerra, defender of public transport of the Human Rights Attorney’s Office, said it would have been important to include them to request guarantees in various actions and ensure the participation of all interested parties.
Time threshold
According to the DGT, 10,563 vehicles are currently registered. Of that amount, 4 thousand collective transport units exceed 25 years old, limit established by current regulations for the circulation of this type of bus.
These ancient buses, as they have stressed incoming and outgoing authorities of the DGT, represent a risk for both passengers and other drivers, being more prone to mechanical failures and accidents.
According to the data of that entity, 6,561 buses circulate with less than 25 years of manufacture. These represent 61.11% of the total units. However, 403 of that amount will reach that threshold in 2026 and another 374 in 2027. The figures will continue to rise, according to the stipulated data.
This means that the number of obsolete units is increased every year, while carriers resist renewing their fleets, when lack of resources, so the approach sent to the PGN includes the proposal not to withdraw the units that turn 25, in exchange for periodically certifying that the units are in good condition. Nor has the frequency of these inspections been defined.
Corruption
At the time, the former director of the DGT, Elizabeth Velásquez, publicly denounced that corruption prevailed in that entity, stating that there were registered buses despite having more than 25 years of manufacture. He also indicated that, in order for everything to advance, there were personnel who requested fees that were not established in the law, so there were also several procedures pending to carry out, mainly of people who preferred not to cancel.
On May 6, the CIV reported that Mynor Estuardo González Henríquez was appointed new general director of the DGT, replacing Velásquez.
In a position that Velásquez granted to Free pressHe indicated that he was removed from the position at his own request, due to health problems. He affirmed that his resignation was not due to nonconformities within the institution, so he now occupies the position of advisor, from where he coordinates actions to prevent acts of corruption from being committed.