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Changes To New Traffic Law
May Get Final Approval This Week
Tomorrow or the day following is a key day
in the controversy of the reforms to the new
Ley de Tránsito that went into effect on
March 1, 2010 and has been modified by
motions during that two weeks.
The law was passed by the current
legislative assembly in December 2008. And
after postponing the September 23, 2009 date
to March 1, 2010, to make modifications and
corrections, the law went into effect as it
was passed.
However, since March 1st, the same
legislative assembly has been busy at
hearing motions reforming the reforms and
has greatly changed the intent and spirit of
a law that was to have curbed the bloodshed
on the roads with an almost zero tolerance
and jail for drinking and driving and
reckless driving, heavy fines for infractors
and a point system that led to the permanent
loss of a drivers license for repeat
offenders.
Today, the law is a watered down version of
the original.
The law and its amendments is now in the
hands of the Comisión de Servicios Técnicos
de la Asamblea Legislativa, where it is
being reviewed and checked for errors,
before it is back before the legislators for
second and final vote.
That could occur either tomorrow or
Wednesday.
After second reading and approval, the law
requires the signature of president Oscar
Arias and publication in the official
government newsletter, La Gaceta.
That could all occur before the end of the
month and the Semana Santa break, unless
there is a surprise vote in the legislature
and a more surprising veto by president
Arias.
The highlights and more controversial points
of the watered down version of the new law
is, that although the blood alcohol levels
have not changed, it remains at 0.75, the
pre-drunk (0.50 to 0.75) has been eliminated
and there is no jail for first offenders in
the event there is no personal or property
damage caused while under intoxication.
This change allows drivers a "zarpe" (night
cap), that extra drink before getting behind
the wheel, without fear of losing a license
or going to jail. However, opponents to the
lax regulation remind that the law does not
go far to protect the public from the menace
of drunk drivers.
The reforms also eliminated the point
system, as system that was to have ensured
that drivers in Costa Rica changed their
behaviour behind the wheel, and if not,
would be losing points that could result in
a temporary loss of license and a permanent
loss for repeat offenders.
The idea of the point system scared most
drivers into learning to driver or modifying
their driving habits. But, it also scared
legislators in losing votes.
Adding to the changes was the reduction of
the amount of the fines. In some cases the
fines have been reduced up to two thirds of
their original amount.
The economic sanctions where another
objective of the law to impose social change
and driver behaviour. Legislators heeded to
the call of the law of the "pobrecitos",
saying that the average person could not
afford the fines and thus would either have
to go into debt to pay traffic fines and/or
lose their ability to earn a living, as they
would not have the ability to get to and
from work.
So, legislators, once again, fel the need
not to alienate voters or promote public
transportation as an alternative for bad,
reckless or drunk drivers.
Some of the highlights of the new law, as it
stands today and unless the changes are not
approved as aforementioned, the ¢280 million
colones the MOPT spent on implementing the
point system is wasted; only drivers who are
caught with 0.75 or more in their blood
alcohol test or driver over 150 km/h will go
to jail.
Drunk drivers with 0.50 and 0.75 or drivers
caught going over 120 km/h will only have to
pay the fine of ¢255.500 colones, plus
costs.
Going in excess of 20 km/h of the posted
limit brings a fine of ¢190.700 colones,
plus costs.
Not using a seatbelt, not respecting a
traffic signal or running a red light or not
having the annual Marchamo, will cost the
driver ¢190.900 colones, plus costs.
Obstrucing an intersection, driving without
license plates or a drivers license
(forgotten at home, for example), not having
the Riteve, driving too slow or not buckling
up children, all costs ¢52.900 colones, plus
costs.
And not respecting the vehicular
restrictions of San José will cost only
¢8.800 colones, plus costs.
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