Esta ley establece los parámetros para las tarifas del Tren Urbano en Puerto Rico, regulando su costo y dirigiendo al Departamento de Transportación y Obras Públicas a emitir reglamentos. La ley busca promover el uso del transporte público y ofrecer tarifas especiales para estudiantes, personas de edad avanzada y personas con discapacidades. También establece multas por uso indebido y garantiza que los contratos relacionados con el Tren Urbano respeten estas tarifas.
(Approved on January 8, 2004)
To create an "Act to Establish the Urban Train Fare Parameters, for the purpose of regulating the Urban Train Fares cost; to direct the Department of Transportation and Public Works to issue Regulations; and for other purposes.
More than ninety (90) percent of the Urban Train Transportation System has been paid for by the People of Puerto Rico and it is an infrastructure work that must serve the social and economic development of Puerto Rico; in addition to improving the quality of life of all Puerto Ricans and strengthening their access to a more fair society in the full exercise of their rights.
As part of its mission and its broad vision of rights, the State must provide essential services that enrich the quality of life of the people who live in this land. Through special legislation the State has broadened the conventional framework of rights set forth in Article II of the Constitution of the Commonwealth of Puerto Rico. In this manner it complies with the duty imposed by the Constitution to promote and make these rights effective. Likewise, the Supreme Court of Puerto Rico, through interpretation, has taken a broad view of the acknowledged rights, invoking some that were rejected during the approval process of the Constitution. The broadening of
these rights through the legislation and judicial interpretation has contributed to promote the effectiveness of these rights.
The Supreme Court of Puerto Rico, in its attempt to make a broad interpretation, has for example, recognized and reincorporated the right to elementary school education, established by the Constitution, and has extended it to university level, Pagán Hernández v. U.P.R, 107 D.P.R. 720, (1978).
There are large sectors of our society that do not receive enough income to guarantee life's essentials. From a demographic point of view, some of these large sectors can be found in the extreme age parameters of the population pyramid. From this it appears that children, adolescents and youth, as well as the elderly population, suffer the effects of poverty to a greater extent. Thus, legislation has extended them preferential treatment. There are also, population sectors that try to overcome certain disadvantages. The State also grants them a more favorable treatment when it comes to enjoying public facilities and services, as is the case of persons with disabilities.
The Government has recognized that urban sprawl and lack of planning for decades has hindered certain population sector's access to some government dependencies and urban centers. Paradoxically, in the year 2000, Puerto Rico had one (1) motor vehicle for each 1.7 inhabitants. ¹ According to the Department of Transportation and Public Works data and statistics, the Island at present has more than two point four 2.4 million motor vehicles. Therefore, it is projected that by the year 2020, the number of registered motor vehicles will reach the overwhelming amount of five
⁰ ⁰: ¹ www.dtop.gobierno.pr/mensaje.asp, verified on September 17, 2003
million (5,000,000). The Department of Transportation and Public Works deems that the Urban Train shall reduce congestion to levels prior to the year 1990; and that by the year 2010, it shall absorb the forty-five (45) percent of trips in private vehicles projected for such date.
The resources of the State must be used to create a more fair and equitable society. The public transportation system that unities various municipalities of the metropolitan area is an option to comply with the constitutional mandates imposed upon the State. The Urban Train operation in Bayamón, Guaynabo and San Juan, together with the Integrated Alternative Transportation system, which includes other municipalities, makes interconnection among several towns possible. Indispensable social services shall become more widely available in different areas of the metropolitan area with the opening of the Urban Train. This public transportation system, wisely used, can be an instrument for a more organized, lively and safe city. The proximity of Urban Train Stations to universities, schools, sports centers, recreational places, theaters, courts, government centers, public parks and hospitals, among others, when used adequately, will result in a reduction of dependency on motor vehicles and it would help in the integration of the population to the massive use of the system.
The Department of Transportation and Public Works has underscored the beneficial effect that a new public transportation system would have for Puerto Rico. The Urban Train, which has been paid for in more than ninety (90) percent by all Puerto Rican taxpayers, must be an instrument at the service of people who visit or reside in the Metropolitan Area. Furthermore, it must be an instrument of social justice for the population sectors for which existing legislation guarantees a special and favorable treatment in different
instances. This Act enables the permanent establishment of a fare system in accordance with these objectives and establishes criteria and parameters for its implementation and review. The parameters enumerated promote and stimulate the use of this instrument of the Puerto Rican People, while it creates economic relief for students, elderly and persons with disabilities. For all of the above, this Legislature intends to approve this Act to regulate the fares of the Urban Train.
Section 1.- The Department of Transportation and Public Works is hereby directed to adopt Regulations for Urban Train Fares, which promotes and fosters the use of public transportation for all residents and visitors to the Metropolitan Area, and which shall include a consideration of special costs for students, the elderly and persons with disabilities. The fixing of fares for the use of the Urban Train is a legal and regulatory responsibility of the Secretary of the Department of Transportation and Public Works; it is exclusive and non-delegable, and can only be modified by the Legislature.
Section 2.- The approval and review of these Regulations shall require the holding of public hearings. The hearings shall be held on three (3) different dates and places in the metropolitan area, upon previous notice in two (2) newspapers of general circulation, thirty (30) days in advance.
Section 3.- The Secretary of Transportation and Public Works as Chairman of the Board of Directors of the Highway Authority is empowered to regulate the establishment of special fares for the large-scale advance sale of tickets, sold under equal conditions and cost for every natural or juridical person. He/she is further authorized to establish special fares, in agreement with the established parameters, for the population sectors listed in the following Section.
Section 4.- Parameters for special economic consideration for sectors listed in Section 1:
mechanisms or documents to guarantee the exercise of this right. 3. The Regulations shall guarantee a fifty (50) percent discount in the sale of tickets to any elderly at least sixty (60) years to seventy-five (75) years of age. At seventy-five (75) years of age, an ID guaranteeing the free use of the urban train shall be issued. The ID shall be issued free of cost. The Regulations shall provide for all matters concerning the issue of passes in the terms deemed convenient. The Secretary shall guarantee more beneficial fares for routine users of the system.
Section 5.- The Department of Transportation and Public Works shall establish, through Regulations, the administrative fines and penalties for undue transfer, illegal use or fraud in obtaining, receiving approval or use of the rights established in this Act, without prejudice to the provisions of the Puerto Rico Penal Code of 1974.
Section 6.- The Secretary of Transportation and Public Works, as Chairman of the Board of Directors of the Highway Authority is authorized to issue regulations related to the Urban Train fares. The regulations approved by the Department of Transportation and Public Works, which are necessary and indispensable for the implementation of this Act and the operation of the Urban Train, shall take effect on the day the train begins operations and immediately after their approval. These regulations constitute an express exception to the requirement established in Act No. 170 of August 12, 1988, as amended, known as the "Uniform Administrative Procedures Act," and shall state that the Regulations shall take effect thirty
(30) days after approval. The failure to approve said Regulations invalidates any fare in excess of the parameters established in this Act.
Section 7.- Every contract germane to the Urban Train signed by the Secretary of Transportation and Public Works after the effectiveness of this Act, including an extension of the contract, shall acknowledge and validate the fare guarantees imposed by this Act. Any clause to the detriment of the purpose of this Act shall be declared null and void.
Section 8.- Reserve of other action The exercise of the action authorized in this chapter is independent from any other civil or criminal action, right or remedy provided by legislation in effect and none of the provisions of such legislation shall limit or prevent the exercise of said actions, rights or remedies.
Section 9.- Severability Clause Should any provision of this Act or its application to any person or circumstance be challenged or declared unconstitutional or null, said judgment or invalidity shall not affect the remaining provisions of this Act.
Section 10.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 30 (H.B. 4062) of the $6^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to create an "Act to Establish the Urban Train Fare Parameters, for the purpose of regulating the Urban Train Fares cost; to direct the Department of Transportation and Public Works to issue Regulations; and for other purposes, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $19^{ ext {th }}$ of September of 2005.
Francisco J. Domenech Director