Law Creating the Road Maintenance Fund (FER)

Le Moniteur No. 54 of Thursday 24 July 2003 publishes the law creating the Fonds d'Entretien Routier (FER), an autonomous body of unlimited duration with financial and administrative autonomy and legal personality, placed under the oversight of the Ministry of Public Works, Transport and Communications (MTPTC), headquartered in Port-au-Prince. The FER administers funds dedicated to preventive maintenance of the eligible road network, which is defined by the supervising minister on proposal of the FER's Board of Directors and can be revised every two years.

The law establishes twelve levies (redevances) to finance the fund, including a fuel levy (1 gourde per gallon of diesel and of gasoline), five vehicle-related levies (first registration, annual registration, transfer, insurance premium, heavy vehicles), levies on cigarette and alcoholic beverage sales, a levy equal to 100% of driver's license issuance and renewal fees, a levy on passport issuance and renewal, and a levy equal to 20% of toll revenues on tolled routes. Levy proceeds are paid into a dedicated FER account domiciled at the Banque de la Republique d'Haiti (BRH).

The law also sets the FER's accounting year (1 October to 30 September), defines ordonnateurs of expenditure (MTPTC for road works, the FER Director General for the operating budget), specifies eligible maintenance works, and establishes a five-member Board of Directors with defined terms, financing conventions with project owners (Maitres d'Ouvrage), contractual sanctions, and financial audit requirements.