Título II. De la Autoridad de Tránsito

The exercise of traffic authority on public roads corresponds to the Ministry of the Interior, through the Traffic Department of the General Directorate of the National Police, in accordance with this law, except as provided in Articles 8 and 9.

It shall correspond to the Department of Transit of the General Directorate of the National Police of the Ministry of the Interior to apply this law and for such purpose it is empowered to do the following:

a.To plan, direct, administer and control transit throughout the national territory;

b.To prepare the regulation for the application of this law;

c.To organize and direct the National Transit Police and to control the functioning of other entities, public or private, authorized to perform transit activities;

d.To issue, renew, suspend, cancel and replace driver's licenses;

e.To organize, keep and update the register of drivers;

f.To organize, keep and update the register of vehicles;

g.To design, place, enable and maintain transit signs and traffic lights;

h.To collect the revenues derived from the application of this law and to dispose of them in accordance therewith;

i.To apply the sanctions provided for in this law;

j.To design, direct and coordinate the national road safety education plan and system; and,

k.All functions granted by the law and those assigned to it by the Ministry of the Interior in transit matters.

The Ministry of the Interior, by means of a governmental agreement, shall organize the Traffic Department, which shall be directed by a Chief and a Deputy Chief appointed by the head of the ministry, upon proposal of the Director General of the National Police, and shall have the offices and delegations necessary for the due compliance with the law.

Also, by means of a ministerial agreement, the Traffic Police shall be created and organized, as an integral part of the National Police, and with specialized traffic functions, which shall be responsible for applying this law and therefore its members are empowered to direct traffic and apply the sanctions established in this law.

The Ministry of the Interior may transfer or contract functions pertaining to the Transit Department with public or private entities, through the execution of an agreement, but the Ministry shall reserve the right to terminate this relationship at any time, without any liability on its part, for breach or incapacity of the other party or for reasons of national security.

Functions transferred or contracted in accordance with the law shall be subject to compliance with the legal transit provisions and to the control of the Ministry of the Interior and/or the corresponding municipality, as applicable.

The Executive Branch, by means of a governmental agreement, may transfer jurisdiction over traffic administration to the municipalities of the Republic that are in a position to efficiently perform said function within their jurisdiction and prove, at a minimum, the requirements set forth in this article.

For such purpose, in addition to the aforementioned governmental agreement, the corresponding Municipal Council shall validate said transfer by means of a municipal agreement. This transfer shall in no case include the powers to regulate matters relating to driver's licenses, circulation plates, insurance, driver and vehicle registries and other matters of general observance. Consequently, the municipalities to which this function is delegated may only issue regulations that exclusively affect their jurisdiction.

For the Executive Branch to delegate traffic jurisdiction to a municipality, said municipality must so request and formally state that it has the necessary resources to perform said function. Likewise, it shall assume responsibility for its exercise and maintenance, shall issue the necessary regulations and/or ordinances for such purpose and shall create a specific Municipal Traffic Police department, if it lacks one.

Two or more municipalities may request that traffic administration functions be jointly transferred to them, in their respective municipal jurisdictions, in order to achieve common objectives. In this case, the interested municipalities shall previously enter into a commitment agreement among themselves and then request the transfer of functions from the Ministry of the Interior.

Through a contract approved by ministerial agreement or by municipal agreement, the Ministry of the Interior or the municipalities, as applicable, may contract or subcontract services of natural or juridical persons, public or private, to take charge of the provision of police services and/or the administration and supervision of traffic.

The Minister of the Interior, through the Traffic Department of the General Directorate of the National Police, shall exercise traffic authority over all national and departmental highways, as well as over municipal highways and over bridle and vicinal roads, the administration of which has not been transferred to the municipalities.