A series of novelties were introduced in the Transportation Operating License that will come into force on September 20, and which point towards greater control of the functions, scope and obligations of its holders, whether they are citizens, national or foreign enterprises established on the island.
Published on Monday, August 20, in the Gaceta Oficial number 78, Resolution 140/2024 of the Ministry of Transportation, the new Transportation Operation License (LOT), repeals the previous resolution established since 2021.
The regulations will apply to Cuban citizens with effective residence in the national territory, to permanent foreign residents and to national and foreign legal entities based or authorized to establish themselves in the country, the Granma newspaper explained in its digital edition this Thursday.
The document maintains its non-transferable nature and is issued to those interested in providing passenger transportation services, cargo and auxiliary or related services.
One of its modifications is the validity time of the licenses: For one year for assistance services and practical or theoretical-practical driving lessons and three years for the License Certificate of the legal entity and for the worker hired by an individual, in correspondence with the validity of the license of the holder.
The possession of the license is mandatory to provide services in ship administration; ship consignment agency and chartering; reservation and sale of travel tickets; cargo; freight forwarding; express and rental services.
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Likewise, its use is unavoidable for those who operate means of transportation; public parking or vehicle parking; passenger manager at taxi stand; transportation management service; and driving lessons.
On the other hand, passenger transportation services must have a space enabled for accompanied luggage, to the extent that the structure of the means of transportation allows it; while legal entities must have the certification of no debt with the bank.
In the case of individuals, it is added that for high comfort or classic passenger transportation services, belonging to the management model of the Taxis Cuba Enterprise, only one worker can be hired as a driver.
Bancarization is unavoidable
Among the new obligations of transportation services, the responsibility of direct deposit of payrolls for the bancarization of payment of salaries appears strongly.
Likewise, complying with the corporate purpose agreed between the holder and the corresponding transportation authority, having and using a current fiscal bank account and providing the possibility of payment for the services given using the different forms of payment, including the use of electronic gateways.
Also, the holders of the LOT have the duty to report the results of operations carried out to the entity that issued the license and to the competent bodies that require it, including that referring to the monthly agreement for fuel consumption, when appropriate.
On the other hand, the new Resolution includes, within the functions of the entities authorized to grant the license and the receipt that function as a Processing Office, the request for the opening of the fiscal bank account of the self-employed workers; the preparation and delivery of the tax vector and the taxpayer card of the self-employed workers.
Reasons for cancellation
The license can be cancelled temporarily or permanently, depending on the severity of the offense.
The first group includes, among others, obstructing or hindering the action of the authorized authority, failing to comply with current hygiene-sanitary or environmental regulations that pose risks to people’s lives and employing more people than those provided for in the legislation for the type of non-state economic actor that corresponds.
Likewise, actions such as violating the right to work established in current labor legislation, referring to remuneration, hiring, social security, safety and health at work, vacations and others that are established, are susceptible to being penalized.
In the second group, offenses such as remunerating or giving benefits for the use of a good declared as a free loan stand out; repeated failure to comply with the contracted corporate purpose; allowing discriminatory attitudes and tolerating or encouraging situations of violence of all kinds or harassment in the workplace.
In addition, employing minors under 15 years of age in the business or as family help and not using the corresponding tax or bank account to carry out collection and payment operations.
