Regulation No. 2180 of 2019 on implementation of Law No. 87 of 2018.

III. Licence granted to service providers. The granting of a first operating licence shall be subject to the following conditions: 

Article 6. a) The company applying for an operating licence shall submit its application through a form prepared by the Ministry of Transport. The form shall indicate the number of vehicles or means of collective road transport envisaged for its services, according to the category of licence requested, as defined by the scale established by the competent authorities. The application shall be accompanied by the following documents: An official extract from the commercial register; an official extract from the investment register; a certified copy of the tax notice; a copy of the VAT registration certificate; a certificate attesting the company’s affiliation with the social insurance scheme; a certificate attesting payment of social insurance contributions, in accordance with the provisions of the above-mentioned social insurance and pension laws; the audited balance sheets of the last three years, as well as the opening balance sheet if the company is newly incorporated; the company’s organisational chart; the names of the company’s directors and identity documents for each of them; any other document required by the Ministry. 

General rule. Article 23. Licensed companies operating within the framework of the road passenger transport service through electronic platforms shall undertake to recruit exclusively drivers holding a licence, and only after submission of a certificate attesting to payment of their social insurance contributions, in accordance with the provisions of the social insurance and pension laws in force.

Insurance for the vehicle owner. Article 24. a) The owner of a vehicle not covered by insurance or pension shall subscribe to insurance as an employer for the vehicle, in accordance with the provisions of Law No. 148 of 2019 on social insurance and pensions. The amount of social insurance contributions shall be determined according to the income category chosen by the employer, in accordance with Schedule No. 1 annexed to the said law. The provisions of this law shall apply to all categories of workers falling within its scope.

XI. Rules applicable to pricing. 

Article 29. a) The licensed company shall notify, prior to their entry into force, the envisaged tariffs as well as any modification thereof, to the competent authority under the Ministry of Transport. 

b) The licensed company shall clearly display its tariffs on its website as well as on its mobile application interfaces. 

c) The licensed company shall notify, in advance, the competent authority under the Ministry of Transport of any planned tariff reductions in the framework of promotional campaigns disseminated on its website and mobile application interfaces. Such notification shall include information on the amount or rate of the reduction, the validity period of the promotional offer, the geographical areas concerned, and the categories and services to which the reduction applies. 

d) The licensed company shall comply with the provisions of the Consumer Protection Law. It shall also be subject to the prohibition of monopolistic practices.

XII. Confidential and private nature of data, data security and access to data, information and networks. 

Article 30.  The licensed company authorised to provide reservation or transport services, together with its employees, shall preserve the confidential and private nature of information and documents obtained in the course of their activity. This confidentiality obligation shall cover all data, regardless of medium or nature, relating to the subject of the service. Disclosure of such information to third parties is prohibited, except in cases expressly provided by law.

Article 33. Data centres for storage and security of data and information: 

a) Licensed companies shall secure their databases and information in order to preserve confidentiality, prevent disclosure and alteration of such data.

b) Licensed companies shall retain databases relating to all information and data concerning their transactions and those of users of their services for a period of one hundred and eighty (180) consecutive days, and shall make them available to the national security agencies, enabling the latter to consult and extract the necessary information. The NTRA shall determine the data and information to be retained, including in particular: 

1. User identification data (mobile phone number / the unique identifier assigned to the device used, such as IMEI or MAC address, etc.); 

2. Data relating to service providers (drivers and agents): Personal data of service providers (full name, national identity document number and expiry date, address, mobile phone number, IMEI or MAC address, etc.); Data relating to drivers’ driving licences and operating permits (licence number, type and expiry date, professional card or operating permit number, type and category of cards, start and end date of activity, and any other relevant information). 

3. Data relating to the service provided: Data relating to user trips (date and time of the journey, geographical coordinates from the starting point and along the route to the destination, mobile number and IMEI or MAC address); Data relating to the accounting system, tariff, service type (including list of accounting systems, type of service, service name, base fare, price per minute, minimum fare, additional fees and any other information used in the service accounting system); Financial data relating to trips, including departure date and time, departure and arrival points, accounting system, applicable fare, number of kilometres travelled and total fare; Data relating to user complaints. 

c) Data centres of licensed companies must obtain an internationally recognised certification approved by the NTRA. 

d) Persons responsible for securing databases and information within licensed companies shall obtain an internationally recognised certification in information systems security, approved by the NTRA. They shall also undergo continuous training on methods and techniques of protection, security and periodic inspection of data security.

Obligations relating to vehicles and drivers. 

Article 9. (…) b) The company shall conduct, at its own expense, monthly screening tests on a representative sample of at least 0.5% of its drivers. The Ministry of Transport reserves the right to select a random sample of drivers and require alcohol or drug tests, carried out by a medical commission or medical centres accredited by the Ministry of Interior. In the event of a positive result, the company shall immediately terminate the employment contract of the driver concerned. (…) 

d) The company shall submit vehicles intended for its activity to technical inspections to ensure service quality. 

IX. Service quality, control and inspection. 

Article 25. (…) 5. The Ministry of Transport shall define, by ministerial decree, the rules and quality criteria for services, the procedures for control and inspection, and the conditions and regulations governing the activity. Companies shall be required to comply with the provisions of this decree. 

Obligations relating to vehicles and drivers. 

Article 9. (…) b) The company shall conduct, at its own expense, monthly screening tests on a representative sample of at least 0.5% of its drivers. The Ministry of Transport reserves the right to select a random sample of drivers and require alcohol or drug tests, carried out by a medical commission or medical centres accredited by the Ministry of Interior. In the event of a positive result, the company shall immediately terminate the employment contract of the driver concerned. (…)

Obligations relating to vehicles and drivers. 

Article 9. a) The company undertakes to recruit drivers on the basis of their professional competence and moral integrity. 

b) The company shall conduct, at its own expense, monthly screening tests on a representative sample of at least 0.5% of its drivers. The Ministry of Transport reserves the right to select a random sample of drivers and require alcohol or drug tests, carried out by a medical commission or medical centres accredited by the Ministry of Interior. In the event of a positive result, the company shall immediately terminate the employment contract of the driver concerned. (...) 

IX. Service quality, control and inspection. 

Article 25. 4. The licensed company shall establish a customer service centre responsible for the reception and regular registration of complaints. A dedicated complaints database shall be maintained and electronically linked to a system compatible with the IT means used by the Ministry of Transport, upon request. The company shall also be required to respond to complaints within forty-eight (48) hours.

Article 35. II. Customer complaints. a) The licensed company shall establish a call centre for receiving customer complaints and shall immediately record complaints in a database. This database shall include the name and telephone number of the customer, information relating to the journey, vehicle and driver, the subject of the complaint and the measures taken in response. The company shall also create a specific database for customer complaints and display the complaint reception site. 

b) The licensed company shall allow the Ministry of Transport to access the dedicated complaints database and monitor the measures taken in response to such complaints. 

c) The licensed company shall respond to requests from the Ministry of Transport in the context of investigations into complaints concerning service quality, take the necessary measures in response to such complaints and inform the Ministry for follow-up. The licensed company shall keep the register of offences and observations on drivers and vehicles in the database and shall make it available to the Ministry of Transport.