Wednesday, November 13, 2019

Transportation Department Regulation for Uber Declared Null

By on July 26, 2016

SAN JUAN – The Court of Appeals has annulled regulations adopted by the Transportation and Public Works Department (DTOP by its Spanish acronym) to regulate companies such as Uber.

The panel of judges’ ruling voids the “Provisional Administrative Guidelines for the Operation of Transportation Companies,” which was drafted by DTOP on July 15, for violating statutes contained in the Uniform Rules of Administrative Procedure.

Taxis were scarce in some parts of the capital Tuesday and some tourist excursions were canceled. (Krisztian Bocsi/Bloomberg via Getty Images)

(Krisztian Bocsi/Bloomberg via Getty Images)

In short, the ruling questions the purpose of Article 5 of the regulation, which would create a new category of vehicle. The classification would effectively implement a legislative rule that activates the regulatory process of the Uniform Rules of Administrative Procedure, rules that DTOP did not follow when approving the regulation.

Meanwhile, the communications manager for Central America and the Caribbean, Julie Robinson, said “we continue to operate and are confident that the determination of the court over jurisdiction…favors DTOP, as expressed by La Fortaleza last week.”

The 14-page ruling further states that the determination does not affect “the controversy before the forum of first instance over which agency or public instrumentality creates jurisdiction to regulate the transportation system….”

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