PERU (en)

In accordance with the National Vehicle Regulations approved by Supreme Decree No. 058-2003-MTC, they are considered as Yellow Machine and Green Machine, and their definition was included through the amendment of Supreme Decree No. 019-2018-MTC.

Yellow machine: machine or equipment designed and manufactured to be used exclusively in the construction or mining industry, which is not considered a special vehicle or for special use. It is not intended to circulate within the Sistema Nacional de Transporte Terrestre (SNTT) (National Land Transport System).

Green machine: machine or equipment designed and manufactured to be used exclusively in the agricultural or forestry industry, which is not considered a special vehicle or for special use. It is not intended to circulate within the Sistema Nacional de Transporte Terrestre (SNTT) (National Land Transport System).

In this regard, it is also important to note the definitions of special vehicle and vehicle of specific operation or use in the National Vehicle Regulation approved by Supreme Decree No. 058-2003-MTC:

Amendment introduced by Supreme Decree No. 002-2005-MTC, published on 22 January 2005, which reads as follows:

Special vehicles: These are self-propelled or towed vehicles, including their combinations, which, due to their particular design features and because they are intended to carry out specific works or services, do not comply with the weights, dimensions, emissions or other provisions established in the Regulation.

Machines and equipment designed and manufactured exclusively for use outside the SNTT, in the construction, mining and agricultural industries (yellow machines and green machines) are not considered special vehicles.

Special combinations listed in Annex I: Vehicle Classification, which comply with the weights, measures, emissions or other provisions laid down in this Regulation are not considered as special vehicles.

Amendment introduced by Supreme Decree No. 019-2018-MTC, published on 10 December 2018, which reads as follows:

Specific operation or use vehicle: A vehicle which by virtue of its particular design features (construction or modification) is specially equipped with devices or machinery which serve to perform specific operational functions or services other than transport as such. These vehicles are not essentially designed or intended for the carriage of persons or goods. Their nature is determined by their specific or special use, depending on the type of bodywork fitted.

Likewise, it should be noted that the Texto Único Ordenado del Reglamento Nacional de Tránsito – Código de Tránsito (Single Ordered Text of the National Traffic Regulation – Traffic Code) (2009) approved by Supreme Decree No. 016-2009-MTC, includes a definition of special machinery in its article 2 under definitions:

Special machinery: motor vehicle whose purpose is not the transport of persons or cargo and which occasionally uses public roads.

There are no regulations governing the emissions generated by NRMM. However, the local authorities of Lima and Callao are drafting a work plan for quantifying and reducing NRMM emissions through the “Plan de Acción para el Mejoramiento de la Calidad de Aire de Lima y Callao 2021 – 2025” (Action Plan for the Improvement of Air Quality in Lima and Callao 2021 – 2025) approved by Ministerial Resolution No. 142-2021-MINAM. It includes three measures related to NRMM:

• Socialisation, validation and approval of the first non-road mobile machinery (NRMM) emissions inventory.
• Periodic preparation of the non-road mobile machinery (NRMM) emissions inventory.
• Drafting of regulations establishing maximum permissible limits for emissions from mobile machinery entering the country.

The country currently has no air pollutant emission standards for green machinery or yellow machinery.

Although not currently applicable for machinery, according to Supreme Decree 019-2018-MTC, the then General Directorate of Land Transport (DGTT) was in charge of designing a computer system for storage and management of information related to vehicle type-approval, which should be Although there is currently an attempt to implement type-approval for light-duty vehicles in Peru, there is still no standard regulation that can match quality and safety with respect to the NRMM for this process. interconnected and available to the DGAT, SUNARP and SUNAT, with the purpose of verifying that the makes and models of new vehicles that are imported, manufactured or assembled in the country comply with the technical requirements established by this regulation and the Maximum Permissible Pollutant Emission Limits standard for new vehicles that are incorporated (imported or produced) into the vehicle fleet (Decreto Supremo No. 019-2018-MTC: Decreto Que Modifica El Reglamento Nacional de Vehículos, El Texto Único Ordenado Del Reglamento Nacional de Tránsito – Código de Tránsito y Dicta Otras Disposiciones, 2018) (Supreme Decree No. 019-2018-MTC: Decree Amending the National Vehicle Regulation, the Single Ordered Text of the National Traffic Regulation – Traffic Code and Other Provisions, 2018). According to the Integrated Text of the Regulation of the Organisation and Functions of the Ministry of Transport and Communications (2021b) at present, the General Directorate of Transport Authorisations is responsible for maintaining a standard system of motor vehicle driving licences, type-approval, certification, verification and technical vehicle inspections within the framework of the regulations in force, and the Directorate of Road Traffic, as a dependency of the former, is responsible for managing the system of vehicle identification and type-approval, certification and technical inspections at national level, as well as for issuing number plates and administering the system for issuing driving licences for motor vehicles and rail vehicles.

Although there is currently an attempt to implement type-approval for light-duty vehicles in Peru, there is still no standard regulation that can match quality and safety with respect to the NRMM for this process, meaning that machinery of an undetermined age may be imported, as well as a cabbed chassis disassembled from its machinery components.

Regarding the legislation for the import of machinery, Legislative Decree No. 1053 or General Customs Law defines capital goods as machines and equipment subject to depreciation that are directly involved in a productive activity without this process modifying their nature and are subject to the application of the procedures, obligations, import and export regimes, goods controls and sanctions defined by this Legislative Decree (Legislative Decree No. 1053: General Customs Law, 2008).

Regarding the importation of used vehicles, whose regulation is set out in Legislative Decree 843 and its amendments (SUNAT, 2021), the only regulated importation of used vehicles is the import of vehicles transiting in the SNTT, therefore it is not applicable to machinery, although this is currently under consideration, since the import of machinery has no restrictions whatsoever and is subject to the general import law.

Regarding the use of labelling on machinery, this aspect has not yet been regulated.

Similar to the machinery import and operation regulation, there is also no regulation in Peru regarding the machinery useful life or repowering. However, this practice is known to be common and is used to extend their useful life.

It is worth noting the contrast with the vehicles circulating in the SNTT, since in this case, regulations have been generated to promote the renewal of the on-road vehicle fleet. Thus, in 2021, the Supreme Decree approving the National Regulation for the Promotion of Scrap Vehicles was issued. (Decreto Supremo No. 005-2021-MTC: Decreto Que Aprueba El Reglamento Nacional Para El Fomento Del Chatarre

On the other hand, in terms of machinery repowering, the private sector has implemented practices such as those promoted by the company Ferreycorp under the […] local experts mentioned that overhaul practices (changing engines, parts and attachments) are common in the NRMM segment in Peru; and that used machinery is also often imported to take its parts and repower other machinery without any restrictions Certified Collision Repair (CCR) program. Under this mechanism, the CATERPILLAR brand provides the repair guidelines to be followed, which, once carried out by Ferreycorp, CATERPILLAR evaluates and issues a certificate of the repair process. This allows users to opt for new equipment or repower used machinery through Ferreycorp, in addition to having after-sales support.

Another type of repair programmes is the Certified Power Train (CPT) where the major components and final drives are rebuilt; and the Certified Power Train Plus (CPT Plus) where the above is complemented with the repowering of the electrical system, hydraulics and structures, providing a life expectancy similar to that of a new machine.

Finally, local experts mentioned that overhaul practices (changing engines, parts and attachments) are common in the NRMM segment in Peru; and that used machinery is also often imported to take its parts and repower other machinery without any restrictions (G.N. Castillo, personal communication, 5 July 2021).

According to Article 155 of the National Traffic Regulation, as amended by Supreme Decree No. 019-2018-MTC (2018), machines (yellow or green), defined in Annex II of the National Vehicle Regulation, are prohibited to travel by their own means on public land transport roads. They must be transported on a vehicle designed and built for the transport of goods. Such machines may only circulate on the roads on which they are operating. Circulating, driving or operating yellow or green machines on public roads is a very serious offence according to code M.33 of the National Traffic Regulations.

NRMM in illegal mining

There is currently no register of machinery, nor is there an information system in place. One step forward in this regard was the holding of an extraordinary multisectoral commission to map the machinery used illegally for mining in the Department of Madre de Dios.

The national regulations issued related to machinery and its use in the context of illegal mining are listed below:

• Legislative Decree No. 1126: Legislative Decree that establishes control measures on chemical inputs and controlled products, machinery and equipment used for the production of illicit drugs.
  
  This Decree refers to machinery and equipment as controlled goods that may be used in the manufacture of illicit drugs, defines the powers of registration, control and inspection by SUNAT, as well as the granting of authorisation for the international trade of goods and the control of the means and services for their transport. The decree also establishes the implementation of special regimes for the monitoring of controlled goods in geographical areas where illicit drugs are produced, the destination of the controlled goods and means of transport seized, the responsibilities of the user requesting orders of goods and the infractions and their seriousness in case of non-compliance with the provisions of this Legislative Decree (Decreto Legislativo No. 1126: Decreto Legislativo Que Establece Medidas de Control En Los Insumos Químicos y Productos Fiscalizados, Maquinarias y Equipos Utilizados Para La Elaboración de Drogas Ilícitas, 2012).

• Legislative Decree No. 1107: Legislative Decree that establishes control and inspection measures for the distribution, transport and sale of machinery and equipment that may be used in illegal mining, as well as the mining product obtained in this activity.
  
  This Decree defines the competences in control, inspection and seizure of machinery by SUNAT, establishes the mandatory use of GPS for units transporting machinery and other obligations regarding the sale of mining products and responsibilities of actors involved in the aforementioned activities (Decreto Legislativo No. 1107: Decreto Legislativo Que Establece Medidas de Control y Fiscalización En La Distribución, Transporte y Comercialización de Maquinarias y Equipos Que Puedan Ser Utilizados En La Minería Ilegal Así Como Del Producto Minero, 2012).

• Legislative Decree No. 1100: Legislative Decree that regulates the interdiction of illegal mining throughout the Republic and establishes complementary measures.
  
  This Decree establishes the prohibition of machinery for the development of illegal mining activities exemplifying some of the equipment that can be used for these purposes and information for the execution of interdiction actions against mining activities that incur in prohibitions involving the use of machinery, which can result in the confiscation of equipment, destruction or demolition of goods among other aspects. (Decreto Legislativo No. 1100: Decreto Legislativo Que Regula La Interdicción de La Minería Ilegal En Toda La República y Establece Medidas Complementarias, 2012).

• Legislative Decree No. 1102: Legislative Decree incorporating illegal mining offences into the Penal Code.
  
  This Decree defines the acts that involve the acquisition of machinery and constitute illegal mining offences, as well as the disqualification, responsibilities of public officials and related criminal actions. (Decreto Legislativo Legislativo No. 1102: Decreto Legislativo Que Incorpora Al Código Penal Los Delitos de Minería Ilegal, 2012).

• Legislative Decree No. 1099: Legislative Decree approving actions to interdict illegal mining in the department of Puno and environmental remediation in the Ramis and Suches River Basins.
  
  This Decree provides information for the execution of interdiction actions against mining activities that incur in prohibitions involving the use of machinery, as well as the possible confiscation and destruction or demolition of assets. (Decreto Legislativo No. 1099: Decreto Legislativo Que Aprueba Acciones de Interdicción de La Minería Ilegal En El Departamento de Puno y Remediación Ambiental En Las Cuencas de Los Ríos Ramis y Suches, 2012).

Currently, the control and inspection procedures for non-road mobile machinery in operation in Peru are related to illegal mining activities. According to Legislative Decree No. 1107, which establishes control and inspection measures for the distribution, transport and sale of machinery and equipment that may be used in illegal mining as well as the mining product obtained from such activity, the following provisions related to control and inspection actions are enacted (2012d):

• According to Article 3, SUNAT shall control and inspect the entry, permanence, transport or transfer and exit of machinery and equipment used in the mining activity, and of mining products, as well as their distribution to and from the customs territory and within the national territory, without prejudice to the competences of other State entities, in accordance with the legislation in force.
• According to Article 4, the transport or transfer of machinery, equipment and mining products shall be carried out through the established Tax Routes and shall have the corresponding documentation, as provided for in the Payment Voucher Regulations and other applicable regulations, with SUNAT being empowered to verify the documents and goods at the checkpoints implemented for such purposes, at the time and place required, without prejudice to the other obligations established by the corresponding regulations.
• According to Article 5, SUNAT will proceed to seize the machinery, equipment and mining products that constitute the object of the crime of clandestine trade, as well as the means of transport used for their transportation, when in the exercise of its administrative actions it detects the presumed commission of the crimes foreseen in numbers 4) and 5) of Article 272 of the Penal Code, and must inform the Public Prosecutor’s Office for the corresponding actions. Mining products and means of transport seized or confiscated whose sale, circulation, use or possession is prohibited in accordance with national regulations, shall be destroyed and in no case shall the value of such products be refunded, unless a court order orders their return. SUNAT may order the storage of seized mining products and means of transport, as well as their sale, donation, destination to public entities and delivery to the competent sector and, in the case of means of transport, the sale will proceed once the corresponding judicial process has been completed. The disposal of the mining products will be carried out even when the fiscal investigation or judicial process is in progress, informing the prosecutor or criminal judge hearing the case.
• According to Article 6, the Public Prosecutor’s Office, the Peruvian National Police and the Directorate General of Coast Guard and Coast Guard – DICAPI, within the scope of their competences, will provide support and collaborate with SUNAT in the control and inspection of mining machinery, equipment and products. In places of difficult access that also imply the absence of sufficient members of the National Police of Peru or without the necessary logistics or infrastructure, SUNAT may exceptionally request the intervention of the Armed Forces for actions that ensure the effectiveness of this Legislative Decree, and the intervention of the Armed Forces does not imply in any way the restriction, suspension, or affectation of the fundamental rights enshrined in the Political Constitution of Peru.
• According to Article 7, the use of the global positioning system (GPS) is compulsory in units transporting machinery and equipment controlled by this regulation, which must be registered with the MTC. Those responsible for the transport units mentioned in the preceding paragraph shall provide the MTC with the information from the GPS. Likewise, such information shall be available to SUNAT, the Ministry of the Interior and the Ministry of Energy and Mines – MINEM, as well as to any other authority of the Public Administration that may require it. The MTC shall establish the type and minimum characteristics of GPS systems, as well as the mandatory use of security seals, and shall be empowered to establish their gradual implementation. Also, the Superintendency of Terrestrial Transport of People, Load and Goods – SUTRAN, will supervise the fulfilment of the present Article, being empowered to apply the sanctions that correspond. The MTC shall approve such provisions as may be necessary for the effective implementation of this Article.

Additionally, Legislative Decree No. 1100 will regulate the interdiction of illegal mining throughout the Republic and establishes complementary measures (Decreto Legislativo No. 1100: Decreto Legislativo Que Regula La Interdicción de La Minería Ilegal En Toda La República y Establece Medidas Complementarias, 2012).

On the other hand, according to the criteria of local experts (C. Ramos, personal communication, July 5, 2021) the sanctions that deter misconduct by machinery operators should be based on vehicle identification (in addition to the driver), which is not currently available, so that effective control can be exercised for machinery, which could be implemented at the municipal level in accordance with the permits granted for construction work, so that the amount of machinery in operation is identified, and the National Police of Peru (PNP) can have access to this registry to monitor them and effectively control and fine them. According to the same expert interviewed (C. Ramos, personal communication, 5 July 2021), if the machinery is not properly identified, it will be difficult to carry out adequate preventive and control measures, and they cannot be the same as for vehicles on the road.

Note: Issues related to inspection and control of NRMM for illegal mining in Peru are described in Section 10 of this document.

The following table shows the role of the Ministry of Transport and Communications according to the existing regulation in Peru. Subsequently, some complementary aspects are presented.

Source: self made.

Import, manufacturing and registration

Although there are currently no regulations governing or controlling the importation of NRMM into Peru, the following can be identified as the main stakeholders (currently) involved in the import process

National Superintendence of Customs and Tax Administration (SUNAT) and National Superintendence of Public Registries (SUNARP): According to the definition in the General Law on Imports, the customs administration is the body of the National Superintendence of Customs and Tax Administration competent to apply customs legislation, collect customs duties and other taxes applicable to imports for consumption, as well as the corresponding surcharges, apply other laws and regulations related to customs regimes, and exercise customs authority.

Control and inspection

There are no specific requirements for machinery.

End of life

There are no specific requirements for machinery

Consultation documents (downloadable)