Reform of Article 99 of the Land Transport Law and significance for the country

The development and performance of the transport sector is relevant to the competitiveness of Honduras due to its interrelationship with agriculture and manufacturing; the latter represents 5.2% of GDP, while industrial production linked to the agricultural sector stands out for its relevance in the country’s foreign trade, representing 60% of the value of total exports in 2018. [1]

At the organizational level, the freight transport sector is made up of 55% private companies grouped into 1,357 concessionaires; while the remaining 45% are the so-called Unitary Cargo Transport or small entrepreneurs who have 1 to 10 freight units, and which in recent years (2016-2019) have added a total of 28,171 carriers. In addition, there is the Honduran Freight Transport Chamber (CATRACHO), whose members are mainly international freight transport companies. [2]

It is because of the importance it symbolizes and the representativeness of this good for the country that productive success requires a legal and regulatory framework that allows everyone to measure themselves on equal terms and translates into performance. logistics.

A few weeks ago, the reform of Article 99 of the Honduran Land Transport Law was published. Although it was approved in the National Congress in August 2022, it was not until September 1, 2022 that it came into force with its publication. in Gazette No. 36,017. [2] This regulation reinforces and guarantees the payment of the tariff for the users of the transport of goods as established in the law on transport, contained in the legislative decree n ° 155-2015 of December 17, 2015, which derives from the executive agreements n ° 01417 and 0466 of December 13. 2011 and July 2, 2013 respectively [3]with this reform the amounts established are not modified, as we have misunderstood, it is a reinforcement so that customers respect the fair payment according to what has been established for which fines of at least 4 SMIC are add to those who do not respect the established prices.

These amendments to the Transport Law aim to put an end to unfair competition through a legal tool, which also leads to development because it helps to overcome the disadvantages generated by the paralysis of products and raw materials, among others, as well as road closures that alter the free movement of people.

This is a first step for the modernization of this important sector, although there is still a large void to be filled with projects focused on the modernization of the fleet, the implementation of technological tools and even on technical training, in order to promote the efficiency of this sector with the generation of legal instruments to support this transformation.

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