Distorsiones en el transporte por la falta de competencia para la creación de Cías. de transporte Mixto por parte de los GADs.

Abstract

The creation of mixed transport companies by the Decentralized Autonomous Governments of Ecuador requires a legal analysis, due to the inconsistencies and lack of competition, and this as reflected in the National Transit Agency of Ecuador; therefore, a correct way of articulation is needed between the Organic Law of Land Transport, Traffic and Road Safety with the Organic Code of Territorial Organization of Decentralization Autonomy, among others; and, in which it seeks to expose all the particularities of the case. There is a set of entities, according to their competences. This entities Govern and regulate land transport in our country, among which is the Ministry of Transportation and Public Works, National Transit Agency, Decentralized Autonomous Governments and others that carry out the operational control of the same, as the Traffic Commission of Ecuador, National Police of Ecuador. The powers exercised by each of the aforementioned entities are established in the Organic Law of Land Transportation, Traffic and Road Safety, as well as in its ibidim regulations, in addition to the resolutions issued by the Executive Director of the National Transit Agency and Your Directory The power to issue administrative acts such as prior reports of constitution, permits and operating contracts according to the modality and scope is defined in accordance with the provisions of the law, however inconveniences are generated when they are issued without observing the current norm which entails countless conflicts between those who carry out their work within the transport activity as well as the entities that regulate it; Therefore, this study is carried out to make visible the existing problem and the possible solutions to it.