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Agreement on the Adoption of the Inter-American Manual on Traffic Control Devices for Streets and Highways "Agreement of Caracas" (C-18) [1979] OASMTSer 1

AGREEMENT ON THE ADOPTION OF THE INTER-AMERICAN MANUAL ON TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS

The member states of the Organization of American States,

Desiring to establish by mutual consent uniform principles and rules on traffic control devices in the American hemisphere;

Whereas complete uniformity of traffic control devices will contribute greatly toward improving communications and maintaining friendship and understanding among the nations and peoples of America;

Recognizing that the best way to achieve such goals is to enter into an Agreement on Adoption of the Inter-American Manual on Traffic Control Devices for Streets and Highways;

Aware that the Eleventh Pan American Highway Congress, held in Quito, Ecuador, during November 1971, approved an Agreement on the Adoption of the Inter-American Manual on Traffic Control Devices for Streets and Highways, which did not enter into force;

Bearing in mind the review and amendment of that Agreement by the meeting of consultation convoked by the Chairman of the Permanent Executive Committee of the Pan American Highway Congresses with the chairmen of its technical committee, held in October of last year, and

Considering that it was seen by the Permanent Executive Committee, approved by it at its meeting prior to the Thirteenth Pan American Highway Congress, and is now being presented to the latter for approval,

Meeting in the city of Caracas, Venezuela, have agreed to sign the following:

AGREEMENT ON THE ADOPTION OF THE INTER-AMERICAN MANUAL
ON TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS

Article 1

Adoption of Standards and Procedures

The contracting states commit themselves to apply the provisions of this Agreement and the standards and procedures set forth in the Inter-American Manual on Traffic Control Devices for Streets and Highways, which shall be considered as a part hereof and which hereinafter shall be called the MANUAL.

To such end the contracting states bind themselves to:

a. Enact all the laws, decrees, regulations and ordinances which may be necessary to ensure the most complete and full adoption of the MANUAL.

b. Carry out the physical activities, organize the services, apply the procedures and take the measures conducive to achieving the most effective application of the MANUAL.

c. Adopt or substitute, as the case may be, within ten years following the effective date of this Agreement, the signs, markings, installations and symbols necessary for traffic control, in accordance with the system set forth in the MANUAL.

Article 2

Deviation from the Standards and Procedures

If a state finds it difficult, within the first ten years from the effective date of this Agreement as set forth in Article 9, to comply fully with Article 1 of this Agreement, it shall forthwith notify the General Secretariat of the Organization of American States of the difference existing its own standards and procedures and those established by the MANUAL.
In such event, the General Secretariat of the Organization of American States shall immediately notify all the other states of the difference existing between the provisions of the MANUAL and the national standards and procedures of the state in discrepancy.

Article 3

Provision of Information

The contracting states bind themselves to convey to the General Secretariat of the Organization of American States the following:

a. The texts of the laws, decrees, regulations and ordinances which may have been passed pursuant to the provisions of the MANUAL.

b. All the official reports or official resumes of reports not of a confidential nature, prepared in order to show the results of application of the standards and procedures set forth in the MANUAL.

Article 4

Amendment of the Inter-American Manual

The MANUAL may be amended pursuant to decisions taken by the Pan American Highway Congresses and in accordance with the following procedure:

a. Any American state may, through its representatives to the Pan American Highway Congresses, propose amendments to the MANUAL.

b. Amendments must be approved by a two-thirds vote of the contracting states, and shall be effected without having to resort to an additional protocol.

c. Amendments shall enter into force three months after they have been transmitted to the contracting states, or after a longer period if, in the opinion of the contracting parties, the nature of the amendment so requires.

In the latter case, the procedure shall be the following: A contracting state shall propose the extension of the period in question to the other contracting parties through the Permanent Executive Committee which shall be responsible for transmitting the proposal to the other contracting parties, ascertaining their approval or disapproval thereof and communicating the results of this procedure to all contracting parties.
d. The General Secretariat of the Organization of American States shall inform all the governments of the contracting states of amendments to the MANUAL which are to come into force pursuant to this article.

Article 5

Adoption of Amendments
If a State finds it impossible to comply with any of the new standards or procedures resulting from amendments to the MANUAL, or to adapt its domestic legislation to agree with said amendments, or considers it necessary to adopt standards differing in some detail from those established in the amendments, it shall follow the procedure established in Article 2 of this Agreement.

Article 6

Signature

This Agreement shall be open to signature by all the American states at the headquarters of the General Secretariat of the Organization of American States, in Washington, DC., from the date of its approval by the Thirteenth Pan American Highway Congress.

Article 7

Ratification

This Agreement shall be subject to ratification by the signatory states. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States, which shall notify each signatory and adhering state as to the date of deposit.

Article 8

Adherence

This Agreement shall be open to the adherence of all the member states that have not signed it. The instruments of adherence shall be deposited with the General Secretariat of the Organization of American States.

Article 9

Entry into Force

This Agreement shall become effective as soon as three contracting states have ratified or adhered to it. The thirtieth day following the deposit of the third instrument of ratification or of adhesion shall be taken as the effective date.

After that date, this Agreement shall become effective for each state that ratifies or adheres to it, on the thirtieth day following that state's deposit of the instrument of ratification or adherence.

It is understood that the General Secretariat of the Organization of American States assumes the obligation of notifying the government of each signatory and adhering state of the effective date of this Agreement.

Article 10

Denouncement
This Agreement shall be effective indefinitely, but any of the contracting states may denounce it by sending a year's advance notice to this effect, at the expiration of which it shall cease to be binding on the denouncing state but shall remain in force for the other contracting states. The denouncement shall be conveyed to the General Secretariat of the Organization of American States, and the Secretariat shall notify the other signatory and adhering states of this denouncement.

Article 11

Settlement of Disputes

Any dispute arising between two or more contracting parties with respect to application or interpretation of this Agreement and the standards and procedures established in the MANUAL shall be settled by the means recognized in international law. To such effect, the contracting states, by mutual agreement, may resort to the General Secretariat of the Organization of American States so that the General Secretariat may indicate the procedure they must follow towards seeking a satisfactory settlement of the dispute.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, whose powers have been found to be in due and proper form, sign this Agreement, which shall be called the AGREEMENT OF CARACAS, on behalf of their respective governments, in Caracas, on the date that appears beside their respective signatures.

This Agreement, the English, French, Portuguese and Spanish texts of which are equally authentic, shall remain open for signature by all the American states at the headquarters of the General Secretariat of the Organization of American States, Washington, D.C.