REFORMS TO THE LAND TRANSPORTATION, TRAFFIC AND ROAD SAFETY LAW

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REFORMS TO THE LAND TRANSPORTATION, TRAFFIC AND ROAD SAFETY LAW

[/vc_column_text][vc_column_text css_animation=""] On January 25, 2023, the Legislative Assembly issued a favorable opinion on the initiative to reform the Land Transportation, Traffic, and Road Safety Law. The reforms will take effect eight days after their publication in the Official Gazette. Here we will show you the most significant changes:1. INCREASE IN THE AMOUNTS OF FINESThese changes reform the amounts of fines for drivers of both individual and collective transport and cargo, as follows: .demo {
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An example of this is that, if the documents of ownership, transfer or legitimate possession of the vehicle, such as: purchase and sale, donations, transfers by inheritance, are not submitted to the respective Public Registry in charge of SERTRACEN within 15 business days after the right arises, a fine of $50 will be imposed instead of $11.43 as established in article 17, paragraph 2 of the aforementioned law.2. NEW VIOLATIONS ARE ADDED AND SOME OF THE EXISTING ONES ARE MODIFIEDSome of the new behaviors that will result in the imposition of a fine are the following:

• Failure to turn on the turn signals when crossing or changing lanes.
• Do not move a vehicle or object that obstructs free traffic and causes a road accident, provided that only material damage and/or minor personal injury exists. This also applies when this event has occurred and the instruction of a competent authority to move the vehicle has been ignored.
• Driving vehicles with children under three years of age without a child seat properly secured by seat belts and/or transporting them in the front of the vehicle.
• Driving in the city or on highways with vehicles that have LED lights installed.
• Refusing to undergo tests established for the detection of possible intoxication by alcohol, drugs, stimulants or narcotics, or other similar substances.

Likewise, greater importance is given to the participation of bicycles in traffic and new rules are established for the protection of motorcyclists. For the former, infractions are established such as "Not giving way to cyclists traveling on public roads," "failure to respect the area of public roads designated for the circulation of bicycles," and for the latter, special infractions are imposed if they do not have the necessary equipment, as established below:

1. Driving motorcycles without usingprotective glasseswhen the helmet does not have a windshield.
2. Riding motorcycles on cycle paths and lanes designated for bicycles.
3. Riding motorcycles on street shoulders or on the left lane curb or on lane dividing lines.
4. Driving after six o'clock in the afternoon and before six o'clock in the morning the following day, without the motorcyclist and/or his companion usingreflective vests or jacketsvisible.
5. Riding motorcycles withoutcertified helmets.

Regarding those that are modified:An example of the modification is that the following infraction is now established for serious infractions:"Failure to heed instructions from the traffic authority on the roads."This was already regulated, however; it was established that the warning had to be given by a National Civil Police officer; now it is extended to traffic managers, provided they are authorized by the competent authority to perform this function. Another example is that the reform establishes failure to have a left side mirror as an infraction.or right, when previously the only violation was not having a left side mirror.3. FINES MAY BE IMPOSED ELECTRONICALLYThe technology will support the detection of behaviors that violate traffic laws: these detectors may consist of video surveillance cameras, fixed or mobile radars, among other technologies that provide the necessary security and constitute suitable means of verifying the violation. The images or other evidence obtained from them can serve as a basis for reporting violations of the aforementioned law. Based on what is captured, calls will be issued.impersonal ballots,accompanied by proof of the violation, these may be notified via email provided by the driver when filing a transaction with traffic authorities, within 10 business days of the violation. Other means of notification include any legally available means, such as mobile phones, in person, or by posting notices on electronic notice boards. It may also be published in one of the country's most widely circulated media outlets.4. It is established as a general rule that fines are imposed on the vehicle registration card; except where the person responsible for the offense is identified, in which case the fine will be charged to the driver's license.The new general rule is to impose a fine on the owner or legal keeper of the vehicle. However, the vehicle may be offered as proof of liability by presenting a document proving that the vehicle was sold to a third party, stolen, or is no longer in the vehicle's possession prior to the incident. If this is proven, the authorities will prosecute the new purchaser, possessor, or legal representative.5. ON THE ESTABLISHED SANCTIONING PROCEDURE AND THE POSSIBILITY OF DEFENSEA new article is established that contains the procedure to be followed taking into consideration the Law of Administrative Procedures, the procedure can be summarized in the following steps: [/ vc_column_text] [vc_row_inner] [vc_column_inner] [us_image image="10062"] [/ vc_column_inner] [/ vc_row_inner] [vc_column_text]6. PERMANENT DRIVER EVALUATION SYSTEM What does it consist of?Points are accumulated based on the number of violations committed. The total number assigned in the table below is based on the type of license held and is subtracted based on the type of violation committed. Minor violations receive 1 point; serious violations receive 3 points; and very serious violations receive 6 points. .demo {
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What happens if I run out of points?The law establishes a possibility of deducting the points accumulated for committing a very serious infraction by carrying outa Road Safety Re-education Course, this possibility will only be valid once during the validity of the driver's license. The first time a driver reaches the maximum number of points, the driver's license loses its validity, and can be "rehabilitated" to drive until after2 years;The second time he is “rehabilitated” until after5 years;the third after10 yearsand in the fourthpermanently loses his or her right to apply for a driver's license.Another option established by the reform to be able to "rehabilitate" is to complete the following courses or workshops taught by Comprehensive Road Safety Re-education and Awareness Centers, authorized by the Vice Ministry of Transportation (VMT):

1. a) Awareness-raising sessions on the risks and consequences of driving under the influence of alcohol and other drugs.
2. b) Specialized course on the causes and consequences of alcohol and other drug abuse.

[/vc_column_text][vc_column_text]   Escrito por: Lic. Camila Aparicio[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][/vc_column][/vc_row]