It was on Thursday, September 21st, when, at the proposal of the Governor of Yucatán, Mauricio Vila Dosal, the former director of the Institute of Mobility and Territorial Urban Development (IMDUT), Rafael Hernández Kotasek, secured his position for a period of up to 15 years as the first head of the Yucatán Transport Agency, with the approval of 18 local congress members.
It is worth recalling that over a year ago, Yucatán legislators approved the creation of the Mobility and Road Safety Law of the State of Yucatán, which, with its 178 articles, brought modifications to public transportation, including the establishment of an autonomous body responsible for designing, implementing, and continuing public policies on the subject.
Thus, the creation of the Yucatán Transport Agency was approved and published in the Official State Gazette on August 12, 2022, with the aim of transforming public transportation in the state into an inclusive service for all people, in compliance with the Law for the Protection of the Rights of People with Disabilities of the State of Yucatán.
According to the law, this agency must have complete budgetary and management autonomy to organize the transportation service in the state and will be headed by the same person for five years, with the possibility of assuming the position for two terms if approved by local legislation in turn.
The operation of this agency must establish mechanisms for participation between authorities and society on mobility, mechanisms for integrating databases, defining shared responsibilities for the safe coexistence of the mobility system.
Transport authorities will have the obligation to oversee the implementation of comprehensive coverage insurance, regardless of whether the service is public, private, or through digital platforms. They must have this insurance that includes medical attention for passengers or pedestrians if necessary.
And although the implementation of the Sustainable and Friendly Metropolitan Mobility System “Va-y-Ven” and the current construction of the electric transportation system IE-Tram are advancements for the improvement of public transportation in Yucatán, they contemplate the oversight of the Citizen Mobility and Road Safety Observatory.
The function of this Observatory is to act as an opinion and consultation body to actively participate in the planning, design, control, and evaluation of policies in the field of mobility and road safety, providing advice on project planning and infrastructure, safety management actions, and conducting studies and research in the field.
Together with this other organization, they must implement gender perspective strategies and public policies, particularly to eradicate gender-based violence, without specifying how they will achieve this, only mentioning that it will include training and awareness for transportation authorities.
It is worth noting that, although the amendments to the Political Constitution of the State show the legality of this agency, the lack of an Organic Law turns its operation into a “legal shame,” at least according to Rafael Echazarreta Torres, a member of the Morena party.
And although it may be surprising that, despite the absence of a Secondary Law for the legality of the appointment of the new head, 18 congress members of the Yucatán Congress have taken refuge in the ninth transitory article, which states that if there is no Organic Law, it can be under the jurisdiction of the Executive of the State.