PR Chamber of Commerce celebrates that Court of Appeals decides Transport Regulation is NULL
February 3, 2022 (San Juan, Puerto Rico) – The Chamber of Commerce of Puerto Rico (CCPR) expressed its agreement with the decision of the Court of Appeals, notified today, decreeing the nullity of Regulation 9293 of the Bureau of Transportation and Other Public Services (NTSP) in response to an appeal filed by the guild holding that the increase in transportation rates were not applicable because the regulation was null and void, reported the Lcdo. Luis Gierbolini, president of the Camaristas, through a press release.
“It is the third time that the CCPR has prevailed in this lawsuit that we have filed consecutively in both the Court of Appeals and the Supreme Court before. We warned the Negotiated that this Regulation suffered from the same weaknesses of the previous lawsuit and again the nullity has been decreed.”, said Gierbolini.
The appeal established that given the nullity of the alternate and invalid regulatory process undertaken by the NTSP when issuing the Circular Letter, the agency “revived” the regulation process abandoned when Regulation 9293 was enacted again. The Regulation entered into force on August 22, 2021. This lawsuit was also joined by MIDA.
“We hope that the NTSP once and for all will sit down with all parties to create an adequate regulation, with economic studies and without causing a gap in the operation of the private company. We have invested a lot of time and resources and we are in the same place, because we want to continue lengthening an issue that must be addressed in the right way, “said the President of the CCPR.
The NTSP has until February 18, 2022 to request reconsideration and until March 7, 2022 to appeal to the Supreme Court. “We call for dialogue with the regulatory body and we will be vigilant to continue with all the actions that are necessary to ensure that this process is a legal one and has all the guarantees established,” concluded the Lcdo. Luis Gierbolini.
In the previous lawsuit on the same subject, the Supreme Court of Puerto Rico notified in conjunction with the denial of Certiorari’s petition, inadmissible to the request of the Frente Amplio de Camioneros to intervene. In July 2021, while waiting for this determination of the Supreme Court, a strike was called by the Broad Front of Truckers, which stopped for two days the work of moving land cargo on the Island. The Bureau decided to end the conflict to present this regulation to the State Department. For its part, the Fiscal Oversight Board (JSF) has expressed that the proposed regulation has to comply with the fiscal plan, present an adequate increase and exclude private contracts.