San José, Costa Rica, Friday 12 February 2010


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Reforms To The New Ley de Tránsito Expected Approved Before March 1 Deadline

The country's legislators are in a rush to approve the reforms to the reforms known as the new Ley de Tránsito, that applies stiff fines and sanctions to bad, reckless and drunk drivers. Although the law was passed by legislators and went into effect in December 2008, only the drunk driving provisions actually went into effect, with the balance of the law going into effect on September 23, 2009.

However, opposition to some of the stiff penalties forced another delay last September, when legislators agreed to postpone the full effect of the law until March 1, 2010. On in two weeks.

The major point of contention has been the amount of the fines.

The new Ley de Tránsito increases the current fines from 10 to 20 times, adds a point system and suspending and cancelling licenses for serious and repeat offenders.

Being discussed by legislators is reducing fines up to 40% or more as contemplated in the December 2008 law.

For instance, the top end ˘397.000 colones fine would be reduced to ˘234.995 colones. At least that is the mood of the majority of legislators.

Altough legislators have yet to come to a consensus, the Poder Ejecutivo (Government) has outlined an legislative agenda (timetable) to limit discussion and approval before the March 1 deadline.

Jorge Méndes, head of the Partido Liberación Nacional (PLN) - ruling party - legislators, assures that come Tuesday the reforms will be on the legislative agenda.

Méndez saud that the fines have to be "realistic" and must not fall to pandering.

The new Ley de Tránsito reform discussions had been put aside to allow time for legislators to deal with the "intellectual property" bill before the current legislature is resolved and makes way for a new legislative group to form on May 8.

However, the intellectual property discussion took more time and now legislators are being asked to put that aside for the time being to approve the traffic law before the March 1 deadline.

The important note here is that the new Ley de Tránsito will go into effect on March 1, 2010, no matter is the legislators approve the changes or not.

The new law has been serious on drunk drivers.

Currently, the law allows Tránsitos to fine a driver who is found to be with a blood alcohol limit of between 0.50 and 0.75. This range is called "preebriedad". Drivers with over the 0.75 are exposed to immediate detention (arrest) and a possible jail term.

The fine for the preebriedad is ˘269.800 colones (us$490 at today's exchange rate).

The majority of legislators want that amount reduced, as well as changing the pre intoxication level to 0.75 to 0.99.

If all goes well, second reading of the reforms will be between February 22 and 25, in time for the changes to be published in the official government publication, La Gaceta after receiving the signature of president Arias.
 

 

 

 

 

 

 


 
 

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