Título VIII. Infracciones y Sanciones

Non-observance, non-compliance and violation of the norms established in this law and its regulations constitute traffic violations, except in the case of actions or omissions defined as misdemeanors or crimes.

When the violation is not specifically provided for, it shall be punished with a warning or fine, as regulated by this law; and sanctions shall be imposed as many times as violations are committed, even where it is the same person or vehicle.

The Ministry of the Interior, through the Department of Transit or the municipality through the Trial Court of Municipal Affairs, as applicable, may impose on persons, drivers and vehicle owners, as applicable, the following administrative sanctions: admonition, fines, retention of documents, wheel clamps for vehicles, seizure of vehicles and suspension and cancellation of driver's license.

These sanctions shall be imposed independently of the civil or criminal liabilities that may correspond to the offender.

When violations committed by a driver are involved, the authority shall deliver to him the notice ticket duly authorized by the Department of Transit or the municipality, as applicable, in which it shall specify the violation committed, the article transgressed and the sanction imposed.

If it is a vehicle left on the public road, whose driver is not present, the authority shall leave the notice ticket mentioned in the preceding paragraph in the vehicle in a visible and secure place.

The transit authority shall impose, as prescribed by the regulation, admonition and/or fines on persons, drivers and vehicle owners who do not observe, violate or fail to comply with the provisions of this law and its regulations; especially with respect to place, timing, form, manner and speeds for traveling on the public road.

Admonitions shall consist of perforation of the license, in the spaces provided for such purpose.

Fines shall be graduated between a minimum equivalent to one daily minimum rural wage, in effect at the time of committing the violation, up to a maximum equivalent to one daily minimum rural wage for coffee agricultural activity, in effect at the time of committing the violation, multiplied by up to one thousand, as prescribed by the regulation.

The Transit Department or the municipality, as the case may be, shall impose fines and collect the resources under this heading.

The following are considered administrative violations and it shall correspond to the Department of Transit or the respective municipality, through the Municipal Affairs Trial Court, as applicable, to retain the driver's license and impose a fine in accordance with Article 32 of this law, in the following cases:

a.When the suspension or cancellation of the license has been ordered with respect to the driver; and

b.In the case of a driver who has accumulated three fines without having made effective payment thereof.

The driver's license shall be returned to the offender once the imposed fine has been paid.

“Article 34.- Wheel Clamps. The transit authority may employ wheel clamps or similar mechanisms to immobilize vehicles left on the public roadway in places not authorized for them or to immobilize vehicles whose drivers have committed other violations. The wheel clamps shall be released only after payment of the fine, expenses and costs for the violation committed has been made.”

The Transit Department or the respective municipality may seize and remove vehicles, scrap metal and other things placed on the public roadway in unauthorized places or that obstruct traffic. These vehicles, scrap metal or things shall be driven or transported, at the owner's expense, to the depots authorized for such purpose. In addition, their drivers or owners shall be subject to a fine, which shall be set _________________________

Constitutionality published in Official gazettes of November 26 and December 8, 2003, in the words “or to immobilize vehicles whose drivers have committed other violations”.

in accordance with this law and its regulations.

When a vehicle remains on the public roadway for more than thirty-six hours, whether or not properly parked, in operating condition or with mechanical defects, whether or not it has been the subject of a traffic accident, or used for unlawful acts, whether or not obstructing traffic, it shall be considered abandoned and action shall be taken in accordance with the preceding paragraph.

Governorship and/or municipal depots are hereby created as administrative dependencies of the Transit Department of the General Directorate of the National Police or of the Trial Court of Municipal Affairs, as applicable. As auxiliary personnel, they shall be composed of an administrator and such administrative personnel as may be necessary.

Seized vehicles, scrap, or things, or vehicles left on public roads that have been deemed abandoned pursuant to the second paragraph of Article 35 of this law, shall be sold at public auction, or adjudicated to the Ministry of the Interior or to the municipalities, as applicable, if after six months from the inclusion of their description in the notices posted by the transit authority in visible and public places in its national, departmental, municipal or other offices, as the case may be, they are not claimed by their owners or lawful holders.

The funds collected shall be incorporated into the privative resources of the Ministry of the Interior or of the municipality, as the case may be, which shall dispose of the same in accordance with this law.

To claim a vehicle, scrap or thing, within the six months following the first notice of its seizure, the owner or lawful holder shall conclusively prove such status before the authority and pay the corresponding fines, surcharges and expenses up to the day of the actual removal of the vehicle, scrap or thing.

Where ownership of the vehicle, scrap or thing is not conclusively proven, the respective authority shall grant a hearing to all interested parties and shall decide definitively. Against this decision an application for revocation may be filed if it is a decision issued by the Head of the Transit Department, and if it is a decision of the judge of Municipal Affairs, the appeals provided for by the Municipal Code shall apply.

If it is not possible to establish ownership of the vehicles, they shall pass, without further proceedings, to the ownership of the authority that seized them, which shall dispose of them by public auction.

Vehicles, scrap metal or items seized that are not removed from the warehouses designated for such purpose, within the time limit indicated by this law and with prior authorization from the superior transit authority in charge of such administration, it shall sell them at public auction, or shall award them to the Ministry of Governance to the municipalities, as applicable. For such purpose, it shall designate place, day and time for the auction, within a time limit of not less than fifteen days nor more than thirty days, and shall publish a notice in the official gazette and in another of greatest circulation in the country and, in addition, shall announce it in the visible and public places of its central and regional offices.

At the place, day and time designated, the transit authority, through a public official specifically appointed for such purpose, shall announce the auction, shall verify whether the bidders have made a deposit of not less than fifteen percent (15%) of their bids, and with the assistance of the administrator of the warehouse, shall examine the bids and shall declare the auction awarded to the highest bidder, which the aforementioned administrator shall make known during the same act.

In the auction record the form of payment and other conditions of award shall be stated, and the acquirer must comply with everything agreed, as stated in the record; otherwise, he shall forfeit in favor of the private funds of the transit authority the deposit he may have made in order to bid.

From the auction price of the vehicle all expenses incurred, fines and surcharges and others corresponding to the vehicle shall be deducted; and the balance shall enter the private funds of the transit authority that may have auctioned them.

Vehicles considered as scrap metal, scrap metal and other items seized on public roads may be sold to any person who so requests, awarding them at their base price, which must cover, at a minimum, the expenses, fines, surcharges and others that may correspond to them and, after deducting these, the balance shall enter the private funds of the transit authority that may have auctioned them.

The Transit Department or the respective municipality, through the Municipal Affairs Trial Court, may suspend the validity of the license when its holder has been administratively admonished five times or administratively fined three times for violations committed against the traffic laws during the same calendar year, counted from the date of the first violation. The administrative sanction of license suspension shall be set from one to six months.

The Department of Transit may cancel the driver's license when its holder has had it administratively suspended in two consecutive calendar years or three times in non-successive calendar years; or by court order.

The duration of the administrative sanction of license cancellation may be set from six months one day up to one year; and the judicial one, in accordance with the corresponding criminal provisions.

Upon expiry of the administrative or judicial time limit for the cancellation of a license, the affected person may apply for a new license, shall comply with the requirements for any first license and shall take out special insurance, as provided by the regulations.

Regardless of the payment of the fines to be imposed on violators of traffic provisions, they shall be obligated to pay the expenses corresponding to wheel clamp, tow truck, impound lot, and other services necessary for the application of the law.

The traffic authority shall retain the driver's license in the following cases:

a.When the driver is drunk or under the effects of drugs, narcotics or similar that limit their volitional, physical or mental capacities;

b.When a vehicle is driven whose identification documents the driver does not carry or where the vehicle lacks a circulation plate; and

c.When injuries to persons or damage to vehicles have occurred on the occasion of traffic.

The traffic authority shall convey to the nearest national police office the driver, the vehicle and the license so that it may refer them to the knowledge of the corresponding jurisdictional body.