Puerto Rico lawmakers began reviewing a package of measures aimed at creating clearer rules for small merchants who operate along state roads, setting up a policy debate that pits road safety concerns against the economic survival of roadside vendors.
The House Transportation and Infrastructure Committee, chaired by Rep. José “Cheo” Hernández Concepción, opened a public hearing on House Joint Resolutions 358, 363 and 366. The measures would direct the Department of Transportation and Public Works, known as DTOP, the Department of Economic Development and Commerce, and Puerto Rico’s municipalities to coordinate a regulatory framework for mobile businesses operating in areas adjacent to highways.
The bills also call for an interagency plan to provide guidance, assistance and relocation options for vendors with valid municipal licenses who are located within state rights of way. Lawmakers are also seeking a moratorium on evictions and fines ordered by DTOP in May, which sparked protests among merchants who sell along roadways.
DTOP Secretary Edwin González Montalvo told lawmakers the agency recognizes the Legislature’s intent to protect the daily income of Puerto Rican families who depend on mobile businesses selling agricultural products, crafts and food.
“However, the department has identified a considerable number of these mobile businesses or microenterprises located along state highways, avenues, frontage roads and shoulders that could compromise road safety,” González Montalvo said. Lawmakers asked him to provide a list of those businesses within 15 working days.
González Montalvo said improperly placed structures, vehicles and commercial activity can distract drivers, limit visibility of official signs, obstruct traffic flow, interfere with emergency and maintenance work, and damage guardrails, signs and slopes.
Citing a report from the Traffic Safety Commission, the secretary said 359 crashes involving this type of roadside business were recorded from 2019 to 2026. Of those, 62 crashes involved a stand, vendor or customer, resulting in two deaths and 27 injuries. The remaining 297 crashes occurred in the roadside operating area.
The proposed legislation, González Montalvo said, seeks to strike a balance between protecting small merchants who depend on roadside sales and the state’s responsibility to safeguard drivers, pedestrians and other users of public roads.
The policy dispute is complicated by existing rules. Regulation 6172, adopted June 28, 2000, expressly prohibits vendors from operating on state roads. But the 2020 Municipal Code gives municipalities authority to regulate the location and operation of mobile businesses within their jurisdictions when merchants receive municipal permits.
Responding to questions from Hernández Concepción, González Montalvo recommended requiring municipalities to consult DTOP before issuing permits to mobile vendors on or near state roads.
The agency has begun reviewing its regulation after the governor ordered a halt to removals of businesses located along PR-100 and PR-129, where road improvement projects are underway.
González Montalvo said the review will require coordination among DTOP, the Highways and Transportation Authority, and Puerto Rico’s mayoral organizations to align municipal ordinances with road safety standards.
Asked by Rep. Edgar Robles Rivera about actions in Cabo Rojo and Arecibo, González Montalvo, who also heads the Highways and Transportation Authority, denied that the agency had carried out “automatic evictions.” He said DTOP was acting in connection with specific projects and that, in Cabo Rojo, affected mobile businesses had already been relocated to a municipal road.
Ricardo Rolón Morales, legal adviser to the Federation of Mayors, endorsed the proposal to establish uniform criteria and reduce jurisdictional conflicts between the central government and municipalities. Harmonizing state regulations with municipal processes, he said, would provide greater legal certainty to merchants, improve public administration and ensure roadside commercial activity takes place safely and in the public interest.
Vendors and farmers pushed back, arguing that deteriorated roads and insufficient maintenance are the bigger safety threats.
Farmer José “Pellito” Santiago, who led a two-week march last month in defense of roadside vendors, again asked lawmakers to intervene to allow merchants to remain along public roads through amendments to Regulation 6172 and Puerto Rico’s Vehicle and Traffic Law.
“They want to blame us for crashes that are not our fault,” said Santiago, who has operated a mobile kiosk for seven years on PR-7722 in Cayey. He said he personally used 12 bags of asphalt to fill a pothole in front of his business, rather than waiting for DTOP repairs.
Santiago said many roadside vendors in Puerto Rico are older adults who sell agricultural products to supplement their income amid pension concerns and inflation pressures.
Among the changes he proposed were allowing designated spaces for mobile vendors on municipal roads and easing the process for merchants to obtain required municipal licenses.
Farmer Juan Gabriel López said as many as 15,000 roadside vendors across Puerto Rico could be affected by DTOP removal actions. He urged the agency to present “conclusive evidence” that vendors’ locations pose a real safety risk, while also pointing to poor road conditions.
“It seems to me that potholes on the roads and the lack of lighting on our roads are much more dangerous and cause much more damage than these merchants who are earning a living on the roads every day,” López said.
At the end of the hearing, Hernández Concepción said he would call a second public hearing and convene a working group to build consensus on amendments for a new bill.
“We are going to end up giving direction for the benefit of you as businesses, for the safety of the people, which is also important, and to do things the right way,” the lawmaker said.
Rep. Joe “Joito” Colón Rodríguez, one of the authors of the measures, said the goal is to allow farmers, hot dog cart operators, pincho vendors and other small merchants to support their families.
Reps. Estrella Martínez, also an author of one of the measures, and Gretchen Hau said Puerto Rico needs to standardize laws and regulations governing mobile businesses so there is less room for subjective interpretation.
Rep. Nelie Lebrón Robles and Rep. Roberto Rivera Ruiz de Porras also participated in the public hearing.
