Análisis de la exclusividad del objeto social de las compañías de transporte en el Ecuador

Abstract

This study addresses the exclusivity of the social purpose that land transportation companies in Ecuador must take into account in the offering of their services. This study is developed based on the Administrative Rights (DerechoAdministrativo) by establishing concepts of legal acts through the involvement of the State, the private sector, as well as the general population. When discussing transportation as a public service, it is necessary to recognize that control, planning, and regulation agencies exist as in the case of the National Transit Agency (AgenciaNacional de Tránsito). It is also necessary to recognize the competencies that Autonomous Decentralized Regional, Municipal, or Metropolitan Governments have in practice. In addition, transit operators must meet the requirements of the Ley Orgánica de Tránsito y TransporteTerrestre y Seguridad Vial; regulations, resolutions, and orders, in order to operate in any type of transportation. In this sense, the process in which operators must undertake their constitution, operation, and hiring are analised. Finally, the analysis of the case of the transit operator TRANSUPERAM S.A., a mixed transportation company with an exclusive social purpose that has used the appropriate procedures for its constitution and operation, is undertaken. Nevertheless, due to the exclusivity of the service that this company aims to offer to the public sector, the operating permit has not been granted and therefore their social purpose must maintain the same conditions as other mixed transportation companies in addition to other considerations based on technical legal and economic reports from the intervention of the National Transit Agency (AgenciaNacional de Tránsito).