P.R. Laws tit. 3, § 430d
(a) 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.
(b) 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.
(c) 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 subsection (d).
(d) Parameters for special economic consideration for sectors listed in subsection (a) of this section:
(1) The regulations shall guarantee the issue of a non-transferable identification card to all students of the public and private school system in addition to all students of universities and higher education institutes accredited by the General Education Council, located in municipalities reached by the urban train public transportation network. The ID shall be issued upon a formal application by the student, his/her guardian or competent school authority and shall be issued free of cost. This privilege shall be used at all times when the train is operating. The regulations shall guarantee a fifty percent (50%) discount in the sale of the ticket to all students. The Secretary, as Chairman of the Board of Directors of the Highway Authority shall coordinate with the Department of Education compliance with this provision or the use of equal alternate mechanisms or documentation to guarantee the use of this right.
(2) The regulations shall guarantee the issue of a nontransferable identification card to any person with disabilities, with which a fifty percent (50%) discount in fares can be obtained. The identification card shall be issued free of charge. The Secretary of the Department of Transportation and Public Works as Chairman of the Board of Directors of the Highway Authority shall coordinate with [the] Office of the Advocate for Persons with Disabilities, compliance with this provision or the use of equal alternate mechanisms or documents to guarantee the exercise of this right.
(3) The regulations shall guarantee a fifty percent (50%) 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.
(e) 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 section, without prejudice to the provisions of the Puerto Rico Penal Code of 1974.
(f) 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 chapter 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 §§ 2101 et seq. of this title, 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 section.
(g) 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 section. Any clause to the detriment of the purpose of this section shall be declared null and void.
(h) 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.
History —Jan. 8, 2004, No. 30, §§ 1—8.