For a public transport company to be authorized, it had to demonstrate compliance with certain requirements to obtain authorization for the operation and provision of transport services. The resolution is granted for an indefinite term while the conditions that gave rise to the authorization subsist. 

What is the purpose of the visit?

For a public transport company to be authorized, it had to demonstrate compliance with certain requirements to obtain authorization for the operation and provision of transport services. The resolution is granted for an indefinite term while the conditions that gave rise to the authorization subsist. 

One of the purposes of the visits of the Superintendency of Ports and Transportation is to verify that the company still complies with the requirements that it accredited at the time of requesting the authorization and the others that are proper to the provision of the service.

Al presentar la solicitud de habilitación la empresa se compromete a ejecutar una serie de acciones y programas encaminados a la correcta prestación del servicio. Por ello la entidad vigilará que los planes y programas propuestos se estén ejecutando según lo dispuesto en la normatividad vigente. 

Among these are the rolling plan, strategic road safety plan, preventive and corrective maintenance plan, daily readiness protocols, bimonthly vehicle reviews, and gas and mechanical technical reviews. 

What documents do you request?

Initially, the basic documents of the company are required, such as the certificate of existence and legal representation, the authorization resolution to provide the transport service and financial statements and mainly those that support the transport operation. 

Regardless of the type of company, the Superintendency of Ports and Transportation requires a list of the vehicle fleet, rolling plan, documentation that demonstrates the employment relationship of the drivers, service contracts, contributions to social security and supports of the trainings carried out.

Documents related to preventive and corrective maintenance, daily enlistment forms, current contractual and extra-contractual liability policies, and Road Safety Strategic Plan.

Preventive and corrective maintenance, its plan and schedule have become a nerve center of the visits. The entity has found a massive non-compliance in the execution of the aforementioned. They are being filled out without a real support and supports on compliance with Resolution 315 and 378 of 2013. It is recommended that you use technological applications to keep a strict control. Many times the documents are lost or are in the possession of the drivers and are not in the company when the authority requests them.

Depending on the type of company there are specific requirements. For example, cargo manifests are requested from cargo transportation companies, which must be duly filled out, specifying deductions, withholdings, payments, value of freight and duly signed by a representative of the company.

Special transport companies are requested to provide transport service contracts according to the requirements established in the regulatory decrees, integral administration contracts or administration contracts by affiliation, resolutions by means of which they were granted transport capacity, and Unique Contract Extract Formats - FUEC, and also a comparison is made between the authorized transport capacity and the operational transport capacity, that is, the quantity and class of linked vehicles and a demonstration of the required minimum percentage of ownership of the company

It is clear that the company must operate in facilities and conditions proper to its corporate purpose, with the staff proposed to obtain authorization, and have administrative, operational, information and communication systems, document management and customer service departments. the users.

Can the Superintendency of Ports and Transportation visit me without prior notice?

If you can do it. It is not the obligation of the entity to notify the day and time of the visit.

What happens if I refuse to be visited?

The Superintendency of Ports and Transportation will open a sanctioning administrative investigation against the company for reluctance to provide information. If it is proven that the person being surveyed is responsible for not facilitating the inspection and supplying the information, a pecuniary penalty may be imposed, up to 100 or 700 monthly minimum wages.

What's next after the visit?

If you meet all the requirements and provide all the requested documents, your company will have no consequences. It will be recorded in the minutes and the diligence will be understood to have been completed.

Otherwise, if the company does not comply with some of the requirements or suffers from any required document, the Superintendency will open a sanctioning administrative investigation against the company, which must be attended by the company to carry out the due legal defense through a lawyer specialized in the matter. According to Law 336 of 1991, National Transportation Statute, fines range between 1 and 700 monthly minimum wages.

In accordance with the provisions of article 46, literal a, of Decree 3366 of 2003, the transport companies have a term of no less than three months to overcome the deficiencies presented, before the surveillance and control entity can proceed to the cancellation of licenses, registrations, qualifications or operating permits of transport companies.

Finally, and given the publication in the media about unfortunate cases in which officials of the Superintendency of Ports and Transportation request perks and gifts, in order not to report possible non-compliance by transportation companies, it is recommended not to comply with these types of demands, since Both the one who offers and the one who receives may face criminal proceedings for the alleged commission of crimes liable to detention in prison (ARTICLE 405. OWN BRIBERY, ARTICLE 406. IMPROPER BRIBERY and ARTICLE 407. BRIBERY FOR GIVING OR OFFERING THE PENAL CODE)  Furthermore, these reprehensible behaviors, when they are not reported, become repetitive and continuous by the officials who supervise the companies.

These cases can be reported to the Office of Internal Disciplinary Control of the Superintendency of Ports and Transportation, through a PQR on the entity's website and a criminal complaint before the Attorney General's Office.