Costa
Rica's
Traffic
Law
Reforms
Moving
In The
Slow
Lane
It all
began in
late
2008
when the
then
legislative
assembly
approved
the new
Ley de
Tránsito
(traffic
law)
that
would
bring
Costa
Rica to
the
modern
age,
with
increased
fines,
severe
penalties
for
drunk
and
reckless
driving
and give
traffic
officials
more
tools to
do their
job.
The
new Ley de Tránsito went into
effect on March 1, 2010. On May
18, 2010 the Sala Constitucional
ruled invalid reforms to the
law, leaving the traffic law
problem to new legislators who
took office on May 1, 2010. The
reforms may pass commission
stage by March 2011 and into law
in 2012 at best. |
But,
apart
from the
inaction
of the
drunk
driving
provisions,
the
provisions
of the
new law
were put
on hold
to allow
time for
the
traffic
department
to catch
with the
new
provisions.
At first
the law
was
pushed
back to
September
2009 and
then
again to
March 1,
2010,
when the
same
legislators
who
worked
on the
law for
the
previous
four
years
were not
happy
with
high
fines,.
So the
move was
on to
reform a
traffic
law that
was to
have
reformed
the
ancient
traffic
law.
Time
passed
and the
March 1,
2020
deadline
came and
the
Costa
Rica got
saddled
with law
that,
well,
has left
many
this
December
between
paying
their
traffic
fines
and 2011
Marchamo
or buy
their
children
Christmas
gifts.
The
traffic
law that
went
into
effect
on March
1 called
for
fines of
up to
˘293.000
colones,
plus 30%
for the
child
welfare
system,
PANI,
and
other
costs
that
pushes
the
maximum
fine
close to
˘400.000
or
us$800
at
today's
exchange
rate. In
addition,
for the
first
time
Tránsitos
(traffic
officials)
began
issuing
multiple
fines at
one
stop,
with
some
drivers
facing
fines of
a
thousand
dollars
or more
in the
first
applications
of the
new law.
This a
far cry
from the
maximum
˘20.000
colones
fines
that had
been in
place
for more
than a
decade.
Also,
for the
first
time in
Costa
Rica's
driving
history,
drivers
faced a
point
system,
whereby
bad
driving
led to
the
suspension
and loss
of a
license,
among
other
things.
Legislators
quickly
reacted
to
public
pressure
to
reform
the
reforms,
announcing
the
reduction
of fines
of up to
1/3, the
removal
of the
point
system
and
softening
the
legal
drunk
driving
limit.
However,
this
never
went
anywhere
from
good
intention
to
passing
into
law. On
May 1,
2010,
the
legislators
who
approved
the
reform
and had
promised
reforms
to the
reforms
completed
their
term in
office,
leaving
the task
to the
new
bunch of
legislators.
Seven
months
later
and a
commission
dealing
with the
reforms,
many
drivers
in Costa
Rica are
shocked
when
they get
pulled
over and
handed a
ticket
in the
hundreds
of
thousands
of
colones.
And
shocked
when
reviewing
the fine
that
there is
a point
system.
Many
Costa
Ricans
were of
the
belief
that the
law with
high
fines
and
points
system
was on
hold or
that the
reforms
to the
reforms
had been
approved.
Surprise!
Quicklly
drivers
learned
that the
way to
avoid -
well at
least
put off
for some
time -
from
paying
the high
fines,
was to
appeal.
Thus a
process
that
took
several
weeks
now is
up to a
year in
waiting.
The head
of the
commission
into the
reforms
of the
Ley de
Tránsito,
Viviana
Martín,
admits
that
they are
in no
way
close to
coming
to some
agreement
on what
to
present
to
legislature
for
first
reading
and
approval.
One of
the main
issues
of
contention
is the
drunk
driving
limits.
Martín
explains
that the
commission
has been
meeting
three
times a
week for
some
time and
have
pushed
through
more
than a
100
articles
of the
law, but
there is
still a
lot of
work to
do. At
best,
explains
Martín
it will
be next
March
before
the
reforms
will
make to
the full
legislative
assembly
and
given
the
backlog
of
legislation
waiting
to the
discussed
and
voted
on, it
may not
be until
2012
before
any
approval.
Thus
lies the
problem
for
many,
especially
drivers
with
unpaid
fines,
do I pay
the fine
or take
care of
my
family.
In one
appeal,
a driver
wrote
"the
fine is
greater
than the
value of
my
vehicle
and I
need to
take
care of
my
family
first".
For
those
drivers
who did
not
appeal
their
tickets
within
the
first 10
working
days of
the
fine,
they are
in shock
as the
fine is
added to
the
vehicle
circulation
permit
or
Marchamo,
which is
due by
December
31,
after
which
are
exposed
to
fines,
late
penalties,
another
ticket
if
driving
and
possible
confiscation
of the
vehicle.
All this
adds to
one
gigantic
mess
that
former
legislators,
however
well
intended,
handed
over to
incoming
legislators
who
have,
for
their
own
political
agenda
or
whatever,
not been
able to
make it
a
priority.
Add to
this the
traffic
cameras
that
have
been
installed
and to
be
working
next
month
where
drivers
are
fined
automatically
for
speeding
and
other
traffic
violations.
The
question
in the
minds of
many as
the day
the
cameras
go live
approaches,
is how
will I
get my
ticket?
and who
is
responsible
the
driver
or the
owner of
the
vehicle?
And more
important,
how do I
appeal
it?
|
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