LAW NO. 20.068 INTRODUCES VARIOUS AMENDMENTS TO LAW NO. 18,290, IN |! | MATTERS OF LAND TRANSIT Having present that the H. National Congress has |! |given its approval to the following Bill: " Article 1.-Enter the following |! |amendments in law No. 18,290, of Transit: 1) In article 2: a) Intercalanse, respecting the alphabetical order, |! |the following definitions: "Ciclovia or cyclopista: Space destined for use |! |exclusive of bicycles and tricycles;". "Railway crossing: intersection of a street or |! |way with a railway track for which there is traffic |! |regular trains;". "Exclusive use track: driveway space |! |duly signposted, intended solely for use of |! |certain vehicles, determined by the authority |! |correspondingly;". "Exclusive path: duly signposted carriageway, |! |intended solely for the use of certain vehicles, |! |determined by the appropriate authority;". b) Replace, in alphabetical order |! |corresponding, the definitions of "Corner", " Line |! |vehicle stop "," Pass for pedestrians "and |! |" Transit signal ", for the following:" Corner: the vertex of the angle that make up the |! |building lines or line of convergent, depending on |! |the case; Vehicle stop line: the line |! |transverse to the driveway, demarcated or imaginary, before |! |of a Intersection or a step for pedestrians, which should not |! |be overpowered by vehicles that need to stop. |! | If it is not demarcated, it is understood that it is:-at regulated crossings and pedestrian crossings, at no |! |less than one meter before these, and-at other crossings, just before the intersection; Step for Pedestrians: the path of safety in the |! |carriageway, signposted in accordance with the regulation. In crosses |! |regulated non-demarcated, it will correspond to the strip |! |formed by the imaginary extension of the sidewalks; Signal of transit: the devices, signs and |! |official demarcations, of permanent message or |! |variable, installed by the authority with the objective of |! |regular, warn or channel the transit; "c) Reposition in the definition of |! |" cross-guard ", the phrase" official in charge "by |! |" in charge ". 2) In article 4 °, first paragraph, substitute |! |the final sentence" to the Court of Work concerned. ' |! |by "to the Labour Inspectorate corresponding to the |! |domicile of the employer." 3) In Article 11, replace the word |! | "domicile" with "residence". 4) In Article 12, enter the following |! |modifications in the NONPROFESSIONAL LICENSE, Class B: a) Replace the expression "or four wheels" by |! | "or more wheels"; b) Intercalase between the comma (,) that follows the |! |word "seats" and the "o", the phrase |! | "excluded from the driver,"; and (c) Replace the expression "total weight" by "weight |! |combined". 5) In Article 13: a) Replace, in number 2, the expression ", and" |! |by a semicolon (;) b) Replaced in the number 3, the end point (.) |! |by the expression ", y". c) Intercalase, in "NON-PROFESSIONAL LICENSE CLASS |! | B", in the second paragraph of the number 1, between the word |! | "person" and the expression "that is possessing", the phrase |! | " in conditions of replacing it in the driving of |! |agreement to the established in Article 115 ", and repeal |! |your final sentence. 6) In article 14a, replace the paragraph |! |fifth, for the following: " To the residents in Chile who are in possession |! |of foreign licenses, they may be granted the one that |! |request, provided they credit, if any, the |! required in the corresponding Class and |! |comply with the other requirements applicable to the |! |driver's license in question. "7) In article 15, interleave, in the |! |first, between the word" suffered "and the expression" by |! |the the following causes ", the phrase" in the 5 years |! |above, ". 8) Replace Article 18, by the following: " Article 18.-The driver's license will be |! |indefinite duration and will remain in force for as long as your |! |holder meets the requirements or demands that you flag the |! |law. The holder of a non-professional license Class B or |! | C, or a special license, must accredit every 6 |! |years that meets the requirements of moral suitability, |! |physical and psychic, in the form established in the |! |articles 14 and 21. The holder of a professional license must |! |accredit, every 4 years, that meets the requirements |! |required in numbers 1 and 4 of the first paragraph of the |! |article 13. The holder of a license Class A-1 or A-2, |! |obtained before March 8, 1997 must credit, |! |every 4 years, that meets the requirements required in |! |the numbers 1, 2 and 4 of the first paragraph of article 13, |! |with the exception of the (a) Article 19: (a) Rule out the first subparagraph. b) Eliminate, in the second paragraph, which becomes |! |first, the phrase "In any case,", starting |! |with capital the article "The", which follows, and |! |replace the expression "previous paragraph" by "article |! |previous". 10) In the final of Article 21, replace the reference to "Articles 18 and 19," by "incisos |! |second, third and fourth of Article 18,". 11) In Article 26, replace the word |! | "drive" with "driver". 12) In the fourth paragraph of Article 34, |! |interleave, between the word "partial" and the point (.) |! |that follows, the following sentence: "or the cancellation of |! |the registration at the request of the owner". 13) In Article 35, replace the incissos |! |first and second, by the following: " Article 35.-In the Register of Vehicles |! | Motorized will also be entered, the variations of |! |domain of the registered vehicles. They will not be opontable to third parties nor will they be able to make |! |worth in judgment the encumbrances, prohibitions, embargoes, |! |measures precautorías, leases with option of |! |purchase or other titles that grant the material possession |! |of the vehicle, while not being The corresponding |! |annotation in the Register. "14) In Article 36, add the following |! |final paragraph:" For the purposes of this article, |! |the companies and other legal persons shall |! |individualize in the registration to your representative |! |legal. As long as this registration is not modified, the |! |legal representative shall maintain that quality for all |! |the effects of this law and the notifications which it is |! |hagan shall be validly understood. " 15) Substitute, in Article 49, the verbal form |! | "may" by "shall". 16) In Article 55, add the following paragraph |! |second, new: "The trailer of motor vehicles shall |! |be effected under conditions to be determined by the |! |regulation." 17) In Article 58, add the following paragraph |! |second, new: " Every vehicle that carries third-party cargo |! |must justify it with the transport card to which it is |! |refer to the 173rd and following articles of the Code of |! | Trade. The violation of the provisions of this paragraph, |! |will be sanctioned with fine of 3 to 10 tax units |! |monthly, being jointly and severally bound to your payment |! |the driver, the porter and the loader. " 18) Incorporate, in the article 62, the following |! |second, new: "These vehicles will be applicable to the standards |! |concerning technical and safety review, in what |! |were relevant, according to their load capacity and |! |specialty." 19) Replaced Article 64, The following: " Article 64.-Vehicles must have the |! |or the systems of brake, lights and elements |! |retroflectants to be determined by the regulation. " 20) Repeal Articles 65, 66, 67, 68, 69, 70, |! | 74, 75, 76 and 77. 21) Replace the second paragraph of article 71, |! |by the following: " Only the emergency vehicles and the others that |! |determine the regulation that will be dictated may or must |! |be provided with light, fixed or |! Article 72, by the following: " Article 72.-From half an hour after the |! |sunset, until half an hour before departure and |! |whenever the conditions of the time required or |! |the regulation determines, the vehicles must carry |! lights that you set. However, motorcycles, bikes, snowmobilers and |! |like, must be permanently circular with their |! |fixed lights on and bicycles must be counted |! |with reflective elements. " 23) Eliminate, in the third indent of the article |! | 78, the phrase "indicated in the previous article" and the |! |comma (,) that follows. 24) Amending Article 79, in the form |! |following: (a) Add, in the first indent of the number 1, the |! |sentence "Prohibit the dark or polarized glass, |! |except those provided for in the Regulation." (b) Replace the number 7, by the following: " 7.-Devices for emergency cases which |! |comply with the requirements that the regulations |! |determine; ". c) Replace the number 8, by the following:" 8.-Good spare wheel and the |! |elements required for replacement, except in |! |those cases that the regulation determines; ". d) In number 10, remove the sentence "Its use is |! |mandatory for the occupants of them.", and e) Add, following the number 10, the |! |following incissos, new: " The use of seat belt will be mandatory |! |for the occupants of the front seats. Equal |! |obligation for occupants of seats |! |rear of light vehicles, defined by the decree |! |supreme No. 211, of 1991, of the Ministry of Transport and |! | Telecommunications, whose manufacturing year is 2002 or |! |later. In the passenger transport services |! |in taxis, whatever its mode, the |! |responsibility of the use of the seat belt falls |! |on the pa passenger, unless such element does not work, in |! |which case will be imputable to its owner. It prohibits the transfer of under eight years in |! |the front seats in cars, vans, |! |trucks and the like, except in those of cabin |! |simple. Drivers, will be responsible for the use |! |compulsory of chairs for children under four years old |! |that they travel in the rear seats of the vehicles |! |light, according to the requirements and the schedule |! |that will fix the regulation. Except for this |! |obligation, the passenger transport services in |! |taxis, in any of its modalities. The school transport vehicles must be |! |equipped with seat belt for all their |! |passengers and their use will be mandatory in all the |! |vehicles whose manufacturing year is 2007 in |! |ahead. " 25) Reposition article 80, By the following: " Article 80.-The transport of |! |domestic animals in the front seats of the |! |vehicles is prohibited. When they are transported in the |! |rear of vans or other open vehicles, |! |they must be sufficiently secured with harnesses |! |specials. "26) Eliminate, in the first paragraph of the article |! | 81, the following final sentence:" The Exhaust pipe No |! |must be protruding from the rear part of the structure |! |of the vehicle and shall allow the exhaust of the gas only in form |! |parallel to the road. "27) Reposition article 84, by the following:" Article 84.- motorcycles, |! |snowmobilers, bikes and your companion should wear helmet |! |protector regulatory. The use of protective helmet, in |! |the case of bicycles, will be required only in the |! |urban areas. "28) In article 85, replace the phrase" of |! |security "by" that allow to maintain control of the |! |vehicle and provide security to the occupants. " 29) In Article 91, replace the number 4, |! |by the following: " 4.-Admit animals, baskets, packages or packages |! |that they disturb the passengers or that prevent the |! |movement down the aisle of the vehicle. Except for |! |this prohibition, the assistance dogs accompanying |! |passengers with disabilities. "30) Reposition Article 92, by the following:" Article 92.-Passengers have an obligation |! |to pay the fee, respect the rules of |! |behavior that determine the law, the moral and the |! |good customs and refrain from executing any |! |act that prevents the normal performance of the driver. In addition, smoking will be strictly prohibited. " 31) Rule 93. (32) In Article 94, replace the third indent of Article 94: "This document or the type-approval document, if applicable, |! |and the gas, must always be carried on the vehicle and |! |be in force." 33. Next: " Article 100.-It will be the responsibility of the |! |municipalities the installation and maintenance of the |! signaling traffic, except when it is a way |! |whose installation and maintenance corresponds to the Ministry |! |of Public Works. The installation and maintenance of the signs of the |! |transit must be carried out according to the standards |! |techniques that the Ministry of Transport and |! | Telecommunications. " 34) Add, in article 101, the following |! |second, new: " The installation of signage or barriers without |! |have powers granted by this law, or without permission |! |municipal or the Ministry of Public Works, in your |! |case, except in a site of accident or accident, will be |! sixteen units |! |monthly taxes and the comiso of the species. It is |! |presumes as the author of this infringement to the person |! |natural or legal that appears as a beneficiary. "35) In article 102:" a) Replace, in the first paragraph, the expression |! | "of danger" by "corresponding", and add, to |! |continuation of the words "jobs", the phrase ", |! |according to the Transit Signalling Manual". b) Replace, in the fourth indent, the expression |! | "$252,500 to $505,100" for "8 to 16 tax units |! |monthly". 36) In the article 103: a) Replace, your second indent, with the following |! |: " Likewise, they will not be installed or maintained, in |! |the sidewalks, berms, bandejones or squares, less than |! |twenty meters from the point determined by the intersection |! |of the extensions imaginary lines of |! |soleras or gutter that converge, kiosks, booths, |! |propaganda or other similar element, nor vegetation that |! |prevents the driver approaching a crossing full |! |visual about vehicles and pedestrians. " b) Suprimal, in the third indent, the word |! | "commercial". 37) In Article 104, replace the phrase "La |! | Address of Viality" by "The Ministry of Works |! | Public." (38) Substitute Article 105 for the following: " Article 105.-The competent authority, or the |! |tribunal, on its own initiative or at the request of a party, shall |!................................................ advertising, |! |sign, demarcation or element that alters the signaling |! |official, hinder your perception, reduce visibility |! |for drivers or pedestrians, or that does not comply with the |! |provided in the preceding article. " 39) In Article 108, interleave between the |! |words "The drivers" and "must", the phrase ", |! |saved (40) Substitute Article 109 for the following: " Article 109.-On roads and streets crossing |! at the level of a railway, railway undertakings and |! |the Ministry of Public Works or the municipality |! |respective, if any, they must place and maintain the |! |signaling that determines the regulation. "41) Replace article 110 by the following:" Article 110.-The indications of the traffic lights |! |shall be: 1.-Non-intermittent lights: a) Green light: indicates step. Vehicles that |! |face the semaphore can continue or veer to the |! |right or left, unless the |! |maneuver is prohibited by a signal. Pedestrians facing the green light, can |! |cross the driveway by the corresponding step. When the green light is lit, the vehicles must |! |give way to those who are crossing the |! |crossing and the pedestrians that are crossing. The driver facing the green light, only |! |will advance if the vehicle has enough space for no |! |lock the crossover. b) Yellow light: indicates prevention. The vehicles |! |that face this signal must stop before |! |enter the crossing, as it warns them that the color red |! |will appear below. If the yellow light |! |surprises so close to the crossing that they can no longer |! |stop with enough security, they should continue |! |with caution. Pedestrians who face this signal, will be required to |! |refrain from descending to the driveway and those who are |! |find in step for pedestrians are entitled to |! |end the crossing. c) Red light: indicates detention. The vehicles that |! |face this signal must stop before the line |! |stop and should not advance until it is lit |! |the green light. Pedestrians who face this signal will not |! |must go down to the driveway or cross it. 2.-flashing lights: a) A flashing red light indicates "YIELD THE STEP". b) Two flashing red lights in the form |! |alter, mean that the vehicles that the |! |face must not exceed the stop line or, |! |if not, the vertical of the signal. These lights |! |can only be installed at railway crossings at level and |! |to give preference of passage to fire vehicles or |! |ambulances that are incorporated into the track. c) flashing yellow light, warns danger. 3.-Green Arrow Indications: The green light of a traffic light containing an arrow |! |lit, means that vehicles can only take |! |the address indicated by this. The arrows that mean authorization to |! |follow in straight line will have the tip directed to |! |above. The semaphore signal comprising one or more |! |supplementary green lights containing one or more |! |arrows, the fact of illuminating it or these means, |! |whatever other indications are that |! |present the semaphore, authorization for the |! |vehicles to continue their march on the or the senses |! |indicated by the or the arrows. The flashing green arrow indication will have |! |the same meaning as the yellow light, described in the |! |point 1 (b). 4.-Indications for transport vehicles |! |public: Trying of segregated tracks intended |! |exclusively and permanently to the circulation of |! |vehicles that provide public transport service of |! |passengers, the traffic lights will be able to be different and in |! |they will be able to replace the green color with white. 5.-The traffic lights intended exclusively for the |! |pedestrians or cyclists will be distinguished by having |! |drawn on the lens the figure of a pedestrian or a |! |bike, as appropriate. The colors will have the |! |following meaning: a) The green light indicates that the pedestrians or the |! |cyclists can cross the driveway or intersection, according to |! |be the case, by the appropriate step, this or not |! |demarcated. b) The red light indicates that pedestrians cannot |! |enter the driveway or cross it or that cyclists |! |must stop before the stop line. c) The flashing green light means that the |! |period during which pedestrians or cyclists |! |can traverse the driveway is to be concluded and goes to |! |turn on the red light, so they should abstain from |! |start the crossing and in turn, -allow those who are already |! |crossing the road to finish crossing it. "42) Replace Article 111 by the following:" Article 111.-The red or green lights installed |! |on the center of one or more circulation tracks, |! |indicate ban on making use of the track on the |! |which those are found, or, authorization to |! |use them, respectively. "43) Reposition article 112, by the following:" Article 112.-The municipalities and the Ministry |! |of Public Works, as appropriate, will be responsible |! |the smooth operation of the light signals. "44) In Article 114, add the following |! |final, new:" It is prohibited to carry open the doors of the |! |vehicle, open them before their complete arrest or |! open or descend from it without |! |have previously been satisfied that this does not imply (i) the provisions of Article 115 (3) of the Treaty on the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament 47. in Article 120: (a) Intercalase, in its number 1, between the word |! | "forward" and the "a" preposition, the words "or |! |exceeds", and (b) Remove its number 3. 48) In Article 123, replace the words |! | "demarcated or imaginary" by "demarcated or imaginary". 49) Replace Article 124, by the following: " Article 124.-The driver of a vehicle that |! |forward or exceeds another, must do so by the |! |left and at a distance that guarantees security, and |! |will not take the track of the right until |! |has sufficient and safe distance in front of the vehicle |! |that just advanced or exceeded. The driver of the vehicle that is advanced or |! |exceeded must yield the step in favor of the one that |! |forward or exceeds and must not increase the speed |! |until it completes the maneuver. " 50) Reposition article 127, by the following: "Article 127.-No vehicle shall be able to bring forward or |! |exceed another in a pedestrian crossing or a crossing, |! |unless they are regulated." 51) Reposition Article 133, by the following: " Article 133.-If they are intended or indicated routes or |! |exclusive tracks for the transit of bicycles, |! |scooters, motorcycles or the like, their drivers |! |they must only transit through them and will be prohibited to |! |other vehicles use them. "52) In the first paragraph of article 138, |! |replace the phrase" crosses or regulatory steps "by |! |the word" steps ". 53) In Article 139 number 3, interleave, |! |before the comma (,) preceding the conjunction "and", the |! |phrase "and enter the nearest track to its turn,". 54) Add, to article 142, the following paragraph |! |third, new: " With everything, for bikes, tricycles, |! |bicycles and the like, the wiggle signaling of |! |turn right may be warned with the arm of |! |that side extended horizontally. " 55) Rule 149. 56) In Article 151, the following shall be inserted: a) Intercalase, in the first paragraph, between the |! |words "velocities" and "maxims" the expression "minimum |! |o"; b) Add the following third indent, new: " In School Zone, in entry hours and |! |exit of the students, the vehicles not (c) Add the following final point: " The driver approaching a vehicle of |! |school transport stopped with its light device |! |intermittent, in the places enabled for this, |! |must slow down to stop if it is |! |required, to continue with due |! |caution. ". 57) In Article 152, enter the following |! |modifications: a) Replace, in the second indent, the conjunction |! | "and" between the word "Viality" and the article |! | "the", by the conjunction "or", and (b) Suffer, in this same indent, the phrase "of |! |officio or at the request of Carabineros of Chile,". 58) Add, in article 157, the following |! |second, new: " The driver is prohibited from opening the doors of the |! |vehicle prior to his or her complete stop, keeping them |! |open and descending or allowing descent, without |! This does not imply a |! |obstruction or danger. " 59) Rule 158. 60) Add, in article 159, the following |! |number 8, new, replacing the expression ", and" al |! |end of the numeral 6 by a semicolon (;), and the point |! |final (.) after the numeral 7 by the expression ", and": " 8.-In the driveways or berms of the roads |! |public of two or more tracks of circulation in the same |! |sense. "61) In Article 160: a) Replace your number 8 by the following:" 8.-Less than 15 meters from the main gate of |! |entry to military, police or |! | Gendarmerie de Chile. This prohibition will be indicated, a |! |requirement of the respective institution or body, |! |by official signs, and will not apply to the |! |vehicles owned by the respective institutions, |! |nor to the vehicles that they authorize to the ". b) Add the following final paragraph, new:" The distances set forth in this article are |! |understand measures by the side of the sidewalk |! |corresponding. " 62) In article 161, interleave, in the |! |first, between the words "Inspectors" and |! | "Municipal", the expression "Prosecutors or". 63) In Article 162, insert the following |! |amendments: a) Intercalase, in the first paragraph, between the |! |words "parking" and "during", the phrase "or |! |emergency lights", and b) Replace, the second paragraph, by the following |!: "The drivers of parked vehicles |! |accidentally for breakdowns, mechanical failures or |! |other similar causes, must warn the fact |! |by means of the devices for emergency cases that |! |determine the regulation." 64) Article 164, enter the following |! |amendments: a) Eliminate, in the first indent, the phrase "and |! |prior report of Carabineros". b) Add, in the same indent first, to |! |continuation of the final point (.), the following sentence: "In road of basic road network, the authorization is |! |governed by the regulation that dictates the Ministry of |! | Transports and Telecommunications.". 65) Replace the numerals 3 and 4 of the article |! | 165, for the following: " 3.-Exercise the street trade in driveways and |! |berms or the parked trade without municipal permission or |! |without authorization from the Ministry of Public Works, in your |! |caso; 4.- Build or place kiosks, booths and all |! |another similar installation, without permission from the Ministry of |! | Public works or municipality, if any. " 66) In Article 167: a) Add, at number 3, below the |! |point and comma (;) that becomes comma (,), the following |! |phrase: "neither skip pedestrian fences nor pass between or |! |on bars or other existing devices between |! |driveways with opposite transit;". b) Replace, the number 4, by the following: "4. Cross the driveways by the steps for |! |pedestrians or by the steps at a level;" c) Remove the number 5, and d) Intercalase, in the last paragraph of the number 7, |! |between the phrase "In any case," and the word "they will have," |! |the phrase "on the steps for pedestrians." 67) In Article 169, add the following |! |third, new: " In the case of activities that are developed |! |on the roads of the basic road network, the authorization |! |must be granted by the Ministry of Transport and |! | Telecommunications, and in the case of those who are |! |take on public roads, by the Ministry of Works |! | Public. "68) In article 172: a) Replace, in the number 7, the phrase" the |! |articles "by" the article "and remove the expression" and |! | 149 ". b) Intercalase, in number 14, between the expression |! | "or paths" and the semicolon (;), the phrase ", or in |! |contravention to the provisions of the article number 8 |! | 159". (c) Defeat the number 18. 69) In Article 174: a) Reposition, the second paragraph, by the following |! |: " The driver, the owner of the vehicle and the |! |holder of the same to any title, unless these |! |last credit that the vehicle was used against their |! |will, are jointly and severally (b) Add the following final indent: "The civil liability of the owner of the property." (b) Add the following final indent: " The civil liability of the owner of the |! |vehicle will be in charge of the tenant of the same when |! |the lease is with option to purchase and |! |irrevocable and whose registration in the Register of |! | Motor vehicles has been requested with |! prior to the accident. In any event, the affected |! |may exercise his rights over the vehicle |! |leased. "70) Replace, Article 178, by the following:" Article 178.-Any modification that was made |! |to the meaning of transit of public roads, must |! |make yourself known by the corresponding municipality by |! |means of notices, which will be broadcast for three days, to |! |less, in the newspaper, newspaper, radios, or other media |! |social communication, of greater circulation or tuning |! |in the commune or communes that correspond. The |! |modification will only take effect once the broadcast is done |! |indicated and installed the official signalisations. The administrative acts dictated by the Secretary |! | Regional Ministry of Transport and |! | Telecommunications, during the critical episodes of |! |environmental pollution, will produce its effects from the |! |date of its dictation, understanding The |! |users by advertising the decision in the |! |social media, without prejudice to their |! |subsequent publication in the Official Journal. " 71) In article 179, introduce the following |! |amendments: a) Intercalase, in the first paragraph, between the |! |words "withdrawn by" and the article "the", the |! |words "order of", and b) Add, in the second indent, below |! |of the phrase "of the competent court", the phrase " or of the |! | Ministry Public ". 72) Reposition in the first indent of the Article |! | 180, the expression "by Carabineros" by the phrase "by |! |order of Carabineros, at the expense of its owner,". 73) In article 181: a) Add, at the end of the first paragraph, the phrase |! | "or from the Public Ministry". b) Replace, in the third, words |! | "pedestrian or passenger" by "pedestrian, passenger or cyclist". (74) In Article 185, the following shall be inserted |! |amendments: (a) Intercalase, in the second indent, to |! |continuation of the expression "Corresponding Tribunal", |! |the phrase "or to the Public Ministry", and (b) Attaché, before the end point (.) of the Article 186, add the following |! |third, new: " The constances concerning traffic accidents |! |will always be public. The complaints and reports |! |technicians will be public in the Court. "76) Replace, in the second paragraph of the article |! | 187, the first sentence that says:" The owner, |! |legal representative or in charge of a garage or workshop of |! |repairs of cars to which you will take a |! |motorized vehicle showing the evidence of having |! |suffered an accident, must account to the unit or |! |detachment of Carabineros nearest, within the |! |twenty-four hours of having received the vehicle, in the |! |forms and with the indications pointing to the |! |regulation. " " Equal obligation will fall on the owner, |! |legal representative or in charge of a garage or workshop of |! |car repairs to which will take a |! |motorized vehicle that has participated in a |! |accident, who shall account for the unit o |! |detachment of Carabineros nearest, within the |! |twenty-four hours of having received the vehicle, in the |! |forms and with the indications that I pointed out the |! |regulation. " 77) In article 189, replace the incissos |! |second, third, fourth, fifth and sixth, by the following |! |: " Carabineros, likewise, may practice these |! |exams to every person regarding which subject |! |foundly that you learn to drive a vehicle in |! |place public and present external signs of not being |! |in full faculties for it. If the test |! |is positive, the Carabineros must prohibit the |! |driving of the vehicle for a period not exceeding 3 |! |hours, in case of being under the influence of the |! |alcohol, nor of 12 hours, in case of being in |! or under the influence of substances |! |narcotic or psychotropic. During the period of |! |time to set Carabineros, the affected person may be |! |driven to the respective Police Unit, unless |! |the vehicle is raided for the time it |! |set Carabineros or point to another person who, making |! |responsible, take charge of driving during |! |that deadline. This provision shall apply without prejudice to any other measures or penalties provided for in the laws. In case the person is ready to drive |! |under the influence of alcohol, drunk or |! |under the influence of narcotic substances or |! |psychotropic, the judge will apply the sanction indicated in the |! |article 196 B or 196 E, "(78) In article 191, interleave, between the |! |conjunction" or "and the word" concourse ", the phrases" in |! |your identity card. In its defect, ". 79) Replace the title of Title XVII" From |! |crimes, quasidelitos and contraventions "by" From the |! |crimes, quasidelitos and driving under the |! |influence of alcohol, in a state of drink or under the |! |influence of narcotic substances or |! |psychotropic substances. " 80) Intercalase, as article 196 A 1, the |! |following: " Article 196 A 1.-The one who installs signs of |! |transit or barriers without being empowered to do so, except |! |in case of casualty or accident, will be fined with fine |! |from eight to sixteen units Monthly taxes, |! |in addition to the comiso of the species. You will be presumed to be |! |author of this offence to the natural or legal person |! |benefit from the infringement. "81) Enter the following modifications in |! |article 196 A bis: a) Replace your name by" Article 196 |! | B ". b) Replace point (e), by the following: "e) Conduce, knowingly, a vehicle with plate |! |patent concealed or altered or use, knowingly, one |! |false patent plate or corresponding to another vehicle." (c) Replace, at the end of point (f), the comma |! | (,) and the "y" conjunction with a semicolon (;). (d) Replace the letter (g), by the following: " g) Grant a technical review certificate without having |! |actually practiced the review or containing |! |statements of relevant facts contrary to the |! |true; detent forms for extend them, without having |! |title for it; falsify a review certificate |! |technique or gas emission, circulation permit or |! |compulsory insurance certificate. The one who adultere a certificate of technical review |! |or of gas emission, circulation permit or |! |compulsory insurance certificate or knowingly use |! |a falsified or adulterated one, will be sanctioned with the |! |penalty noted in article 490, No. 2, of the Code |! | Penal. ". e) Incorporate the following final paragraph, new:" The penalties mentioned in this article will apply |! also to the person responsible for the circulation of a vehicle |! |with movement permit, insurance certificate |! |auto or false technical review certificate, |! |adulterated or obtained in contravention of this law or |! |using a false, adulterated or |! patent license plate to another vehicle. "82) Replace article 196 B, which happens to be |! |article 196 C, by the following:" Article 196 C.-The one that infringes the |! |prohibition set in the second indent of the |! |article 115 A, drive, operate, or perform the |! |functions under the influence of alcohol, whether not |! |damage or injury, or which is |! |cause material damage or minor injuries, will be |! |sanctioned with fine of one to five tax units |! |monthly and the suspension of the license drive by |! |one month. If, as a result of that driving, operation or |! |performance, less serious injuries will be caused, it will be |! |will impose the penalty of imprisonment in its minimum degree or fine |! |of four to ten monthly tax units and the |! |suspension of the license drive two to four |! |months. If serious injuries are caused, the assigned penalty |! |will be that noted in article 490, No. 2, of the |! | Criminal Code and the suspension of the driver's license |! |from four to eight months. If some of the injuries indicated in |! |article 397, No. 1, of the Penal Code or death are caused, it will be |! |will impose the penalty of minor seclusion to its maximum degree, |! |fine of eight to fifteen monthly tax units and |! |the suspension of the License to drive by the deadline |! |that the judge determines, which may not be less than |! |twelve and not more than twenty-four months. The judges may always, even if they do not measure conviction |! |by concurring some circumstance exempt from |! |criminal responsibility, decree the temporary inability |! |or perpetual to drive motorized vehicles, if the |! |psychic and moral conditions The author advises. In case of recidivism the offender will suffer, |! |in addition to the penalty that corresponds to him, the suspension of |! |the license to drive for as long as he considers the |! |judge, the one that will not be able to be less than twenty-four nor |! |superior to forty-eight months. "83) In article 196 D, replace, in the |! |second paragraph, the expression" $29,900 to $119,500 "for" 5 to 10 |! |monthly tax units ". 83 bis) Intercalase, as article 196 D 1, the |! |following: " Article 196 D 1.-Non-compliance, a |! knowingly, as referred to in Article 173 shall be |! |sanctioned with fine of 3 to 7 tax units |! |monthly and with the suspension of its license for up to |! |one month. The breach, knowingly, of the above |! |in article 183 will be sanctioned with the suspension of |! |the driver's license for a maximum period of 12 months |! |and if the judge so considers it, he presided less in degree |! |minimum to medium, except that the If the case applies the |! |sanction of the first indent of Article 196 C. ". 84) In article 196 E, fourth indent, |! |replace the reference to" article 196 B "by |! |" article 196 C ". 85) In Article 196 F, add, then |! |of the sixth indent, the following incissos, new: " If the driver is under the influence |! |of the alcohol, the complaint will be cured |! |corresponding for the lack sanctioned in the Article |! | 196 C. If the result of the test is shown to be |! |has incurred the drink driving or |! |under the influence of narcotic substances or |! |psychotropic punished in article 196 E, the |! |driver will be cited to appear before the corresponding |! |authority. In the other cases provided in the |! same article, it may also be quoted if not |! |it is possible to conduct it immediately before the judge, and |! |the officer in charge of the police precinct will consider that |! |there are sufficient guarantees of his timely |! |appearance. The above paragraph will proceed |! |whenever the imputed has control over its acts, |! |or will recover it, and ensure that it will not continue |! |driving. To do this, the police will take the measures |! |necessary to inform the family of the imputed or to |! |the persons that he indicates about the place in which |! |is found, or will grant him the facilities for |! |that he communicates by telephone with any of them, a |! |end of it being driven to your home, under your |! |responsibility. In these cases, the |! |procedure mentioned in the final paragraph of the article |! | 7th, in which resul can be used. tare applicable. If the circumstances are not present |! |in the two preceding cases, the |! |imputed to be made available to the court, which |! |may decree the remand when proceeding |! |according to the general rules. Without prejudice to the |! |summons to the imputed, or to his detention when |! |corresponds, he shall be driven to an establishment |! |hospital for the practice of the examinations to which it is |! |refers to the following article. " 86) Rule 196 G and delete the |! |epigraph which precedes it, known as "Performance under |! |the influence of alcohol." 87) Replace the heading "Of the infringements |! |gravimisas, serious, less serious and minor and their |! |penalty", which precedes Article 197, by the |! |next: "From violations or contraventions". (88) Reorder Article 197, as follows: "Article 197.-They are infractions or contraventions |! |very serious, the following: 1.-Eliminated; 2.-Not to be stopped in front of the red light of the signals |! |light of the transit, or to the signal" PARE "; 3.- Repealed; 4.-Driving without having obtained a |! |driver's licence, without prejudice to the provisions of the Article |! | 196 D; 5.-Removed, and 6.-Removed. ' 89) Replace Article 198, by the following: " Article 198.- Violations |! |severe the following: 1.-Drive a vehicle in physical condition or |! |psychic 2.-Eliminated; 3.-Driving a vehicle with a license of |! |driver other than the one corresponding, except lo |! |provided in the first paragraph of article 196 D; 4.-Exceed or advance in the expected situation |! |in numbers 1 and 2 of article 126, in a step for |! |pedestrians or on an unregulated crossing, or exceed by the |! |berma; 5.-Deliver the owner or his holder a vehicle for |! |that drives him person who does not meet the requirements |! |to drive; 6.-Drive a vehicle without the patent license plate; 7.-Disobey the signals or traffic orders |! |of a member of Carabineros de Chile or those of a |! |tax inspector in the control procedures |! |public and private transportation paid for passengers |! |and freight transport; 8.-Do not respect the signs and other signs that |! |govern public transit, other than those indicated in |! |the number 2 of the preceding article; 9.-Eliminated; 10.-Failure to comply with the provisions of Article 135 |! |or in Article 121; 11.-Driving a vehicle against the sense of the |! |transit; 12.-Eliminated; 13. the left of the axis of the |! |carriageway on a track that has transit in both directions, |! |occupying the all or part of the width of said carriageway, |! |except the exception of Article 126; 14.-Do not respect the preferential right of passage of |! |a pedestrian or other driver; 15.-Stop or park a vehicle in |! |contravention to the established in the numbers 6, 7 or 8 |! |of Article 159; 16.-Breach the rules on virages |! |referred to in Articles 138 and 139; 17.-Drive a vehicle with its systems of |! |steering or brake in poor conditions; 18.-Driving a vehicle without lights in the hours and |! |circumstances in which it is required by this law or its |! |regulations; 19.-Driving a vehicle with one or more tires |! |in bad condition; 20.-Eliminated; 21.-Do not lower the light on the road when facing or |! |approach from behind to another vehicle; 22.-Drive a vehicle without technical review of |! |regulation, approval or emission of |! |pollutants in force or in violation of the standards in |! |emissions matter; 23.-Keep loose animals on the public road or |! |lock in bad condition that allow their exit to it; 24.-Do not stop the vehicle before crossing a |! |railway line; 25.-Perform public passenger service with |! |vehicle rejected in technical reviews of |! |regulation, or for which it has not been fulfilled |! |the procedure on your opportunity; 26.-Drive a taxi without taximeter owing |! |carry it, have this without the stamp of authority or |! |! |regulationa; 27.-Supplier of fuel to vehicles of |! |collective locomotion with passengers inside; 28.-Driving a vehicle without tachograph or other |! |device that records in time the speed and |! |distance travelled, or with is in poor condition or in |! |poor conditions, when its use is compulsory; 29.-Driving a vehicle without |! |movement or without certificate of compulsory insurance |! |accidents caused by motor vehicles, |! |vigents; 30.-Keep in circulation a vehicle destined |! |to the public passenger service or to the transport of |! |cargo with breach of articles 63, 64 and 82 or without |! |the technical revisions of approved regulations or with |! |the system of address in bad condition, of which it will be |! responsible the owner; 31.-Driving a vehicle with infraction of the |! Articles 56 or 59; 32.-Misuse exclusive parking lots |! |for persons with disabilities; 33.-Stop or park a vehicle in double |! |row, with respect to another vehicle stopped or parked |! |next to the gutter; 34.-Cross a railway in place not authorized; 35.-Drive a vehicle in violation of the provisions |! |en Article 79 (10); 36.-Driving using a cell phone or |! |other telecommunications apparatus, unless such use is |! |perform by means of a "hands-free" system, whose |! |characteristics will be determined by regulation; 37.-Keep the doors of a vehicle open |! |of collective locomotion while found in |! |movimient; carry passengers on the footfalls or not |! |stop by the sidewalk when taking or leaving passengers; 38.-Circular on the left half of the driveway, |! |except in the exceptions mentioned in the articles |! | 120 and 129; 39.- Transit in an urban area with restrictions |! |for reasons of environmental pollution, without being |! |authorized; 40.-Use any type of element destined to |! |evade the audit; 41.-Arrange from a cigarette vehicle or others |! |elements fire which may cause a disaster or |! |an accident; 42.-Use the particular, devices |! |special special vehicles of emergency vehicles, except the |! |authorized by the regulation; 43.-Stop, in the case of means of locomotion |! |public, at the intersection of streets, to let or to take |! |passengers in second row or in Non-authorized bakers, |! |and 44.-All infraction declared by the judge as |! |principal cause of a traffic accident that originates |! |damage or minor injuries. In the cases of the violations of numbers 17, |! | 19, 22, 25 and 28, if they were committed by a |! |driver of a vehicle destined for public transport |! |passengers or cargo transport and that is not the |! |owner, will be applied the (a) a sentence corresponding to a |! |minor infringement and shall not be entered in the National Register |! |of Drivers, except in the cases established in Nº |! | 42 of this Article. "90) Replaced Article 199, by the following:" Article 199.-These are infringements or contraventions |! |less severe, the following: 1.-Parking or stopping a vehicle in places |! |prohibited without prejudice to the |! |numbers 8, 33 and 43 of the previous article, or park |! |in a space intended for vehicles for persons with |! |disability, without right to it; 2.-Violate the rules of Article 119; 3.- Driving a vehicle improperly using the |! |lights, without prejudice to the number 18 |! |of the previous article; 4.-Infringement, drivers, provisions |! |of article 146 or 147 on emergency vehicles; 5.-Do not make the signs due before virar; 6.-Do not respect the prohibitions set in |! |the article 141; 7.-Driving a vehicle without a silencer or with this |! |or the exhaust pipe in poor condition, or with the pipe |! |anti-regulatory exit; 8.-Do not carry the elements mentioned in the |! |numbers 1, 2 and 3 of Article 79; 9.-Stop or parking a vehicle in double row; 10.-Destinate and keep in circulation a vehicle |! |public passenger service or cargo that does not |! |comply with the requirements laid down in the law, its |! |regulations or those rules that the ministry dictates |! | Transports and Telecommunications, without prejudice to the |! |established in Article 198 No. 30 The owner of the vehicle will be responsible; 11.-Infringement of the rules on transport of |! |passengers in the vehicles of cargo; 12.-The drivers of vehicles of |! |the collective transport to transport schoolchildren; 13.-Eliminated. 14.- Violate the prohibition of consumption of beverages |! |alcoholic established in the first paragraph of the |! |article 115 A; 15.-Driving bicycles, motorcycles or vehicles |! |similar, contravening the standard on compulsory use |! |of protective helmet and other security features; 16.-Do not meet the obligations imposed by the |! |article 183; 17.-Detecting or altering any sign of |! |transit; 18.-Translate a pedestrian down the driveway, by your |! |right on the roads or cross any path or street |! |out of step for pedestrians or skip pedestrian fences |! |or pass between or over bars or other devices |! |existing between driveways with opposite transit; 19.-Breach the rules on transport |! |land issued by the Ministry of Transport and |! | Telecomications; 20.-Do not comply with the holder of a license |! |driver with the obligations set in the |! |articles 18 and 23, or fail to comply with the other |! |obligations imposed on you in the license |! |to drive; 21.-Arrange from a waste vehicle, |! |waste, objects or substances; 22.-Violate the provisions of Article 122; 23.-Driving a rental vehicle or |! |perso collective transport 24.-Violate the obligation of the owner to give |! |account to the National Registry of Motor Vehicles |! |all alterations in vehicles that make them |! |change their nature, their characteristics essential, or |! |that identify them, as well as their abandonment, |! |total or partial destruction or disarmoratorship; 25.-Do not drive inside the circulation track |! |demarcate or change surprisingly track obstructing |! |the circulation of others vehicles; 26.-Stop or park a vehicle in |! |violation of the provisions of the numbers 6 and 7 of the |! |article 159 or park in a step for pedestrians, and 27.-Drive a vehicle in one of the |! |circumstances referred to in the number 11 of the |! |article 172. " 91) In Article 200, replace, in the |! |second paragraph, the phrase "not included in the number 19 of the |! |previous article" by "not included in the article |! | 201". (92) In Article 200a, replace the words 'in Article 150' by 'of |! |Articles 150 and 151' in their |! 93) Replace Article 201, by the following: " Article 201.-The penalty of fine shall apply to the |! |offenders of the precepts of this law, according to |! |the following scale: 1.-Infractions or serious contraventions, 1,5 |! |a 3 units Monthly taxes; 2.-Infractions or serious contraventions, 1 to 1.5 |! |monthly tax units; 3.-Infractions or less serious contraventions, |! | 0.5 to 1 monthly tax unit, and 4.-Infractions or minor contraventions, 0.2 to 0.5 |! |monthly tax unit. To repeat serious violations or |! |graves, committed in the last three and two years, |! |respectively, will be imposed twice the fine |! |set for each infringement, which will be raised to the |! |triple in case of incurring again in that |! |conduct. The above, without prejudice to the |! |or driver license cancellations that |! |match. The acquirer of a vehicle, which does not comply with the |! |obligation set forth in the fourth paragraph of the article |! | 36, or that indicates false or non-existent domicile, will be |! |sanctioned with fine of 3 to 50 tax units |! |monthly. Also, if you do not comply with the |! |obligation set forth in the final paragraph of the same |! |article, you will be fined 3 to 5 units |! |monthly taxes. To which you transport dangerous loads without adjusting to |! |the regulatory rules governing the activity, you will be |! |will apply a fine of 5 to 20 tax units |! |monthly, respectively. In qualified cases, by resolution founded, the |! | Judge will be able to impose a fine of less than the |! |marked, attended to the conditions in which it was committed |! |the fact denounced or the economic capacity of the |! |infringer. If a person, in the same fact, is |! |responsible for two or more infractions, the |! |fine that corresponds to the highest degree violation, |! |whatever the number of them, shall be applied, without prejudice to |! |the provisions of the foregoing paragraph. For the definition of the infringements and |! |establishment of penalties on maximum weight of |! |vehicles, shall govern the provisions of the Ministry of |! | Public Works. "94) Replace Article 205, by the following:" Article 205.- flags and devices that |! |are used in violation of the law or regulations |! |and the taximeters that are used adulterated, will fall in |! |comiso and will be destroyed. " 95) Eliminate the final article 208. (96) In Article 209, the following shall be inserted |! |amendments: 1.-Substitute your heading and the letter (a), |! |for the following: " Article 209.-Without prejudice to the fines which |! |are obtained and as referred to in Articles 196 C |! |and 196 E, the judge will decree the cancellation of the license |! |of driving of the infringer, in the following cases: a) Be responsible for three times within the |! |last 12 months of driving a vehicle under the |! |alcohol influence or be responsible for three times |! |within the last 24 months of driving in a |! |drunk or under the effect of 2.-Narcotic drugs or |! |psychotropic substances; " 2.-Get your third and fourth incites. 97) In Article 209a: (a) Reposition, in the first indent, the expression |! | "252,500" by "15 monthly tax units". b) Reposition, in the second indent, the expression |! | "$126,800" for "10 monthly tax units". 98) Intercalase, following Article 219, |! |the following Title XIX, new, "From vehicles |! |considered as old or historical", conformed by |! |articles 220, 221 and 222, new, passing the |! |current articles 220 and 221 to be Articles 223 and 224, |! |respectively: " TITLE XIX Of vehicles considered as old |! |or historic Article 220.-Old or historic motorized vehicles shall be considered as vehicles |! |all those who |! |are recognized as such by the Ministry of |! | Transport and Telecommunications, by virtue of |! properly preserved or restored to your |! |original condition and have forty or more years of |! |seniority. However, they will be able to obtain such a statement |! |the vehicles that, however being of construction |! |later, have a singular technical interest or |! |historical. Article 221.-A private and non-profit institution |! |for profit, which has within its objectives to promote the |! |conservation of old or historic vehicles, may |! |be designated by the Ministry of Transport and |! | Telecommunications for, prior to inspection, report |! |on the provenance of granting the recognition to which |! |alludes the previous article. Article 222.-Old motorized vehicles |! |or historic must comply with the special rules of |! |issue and will be affected to the restrictions of |! |circulation that determines the regulation. The Ministry |! |of Transports and Telecommunications will grant them a |! |certificate of technical review and a distinctive |! |special, without which they will not be able to transit. "99) Add the following Articles 10 and 11 |! |transients, new:" Article 10.-The provisions contained in the |! |articles 64, 65, 66, 67, 68, 69, 70, 74, 75, 76, 77 and |! | 84 of this law shall remain in force until the |! | Ministry of Transport and Telecommunications dictate the |! |respective regulations. Article 11.-The replacement disposed in respect of |! |the second paragraph of Article 103 of this Law, shall enter |! |in force after one year of its publication. " Article 2.-Repeal article 1 of Law No. 13,937. Article 3.-Substitute Article 492 of the Criminal Code, as follows: " Article 492.-The penalties of Article 490 shall also be imposed, respectively, to which, with infringement of the regulations and by mere recklessness or negligence, I shall execute a done or incurs an omission which, to mediate malice, would constitute a crime or a simple crime against persons. Those responsible for killing or injuring persons, who have been executed by means of vehicles for mechanical or animal traction, shall be punished, in addition to the penalties referred to in Article 490, with the suspension of the meat, permit or authorisation which the For a period of one to two years, if the act of mediating malice constituted a crime, and from six months to one year, it would be a simple crime. In the event of a repeat offence, the driver may be sentenced to life imprisonment to drive vehicles for mechanical or animal traction, the meat, licence or authorisation being cancelled. ' Article 4.-The President of the Republic shall be empowered to, within a year of the publication of this law, by the dictates of a decree with force of law, issued by the Ministries of Transport and Telecommunications and Justice, set the recast, coordinated and systematized text of Law No. 18,290, on Transit, and the laws that have supplemented and modified it. " And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 8 November 2005.-RICARDO LAGOS ESCOBAR, President of the Republic.-Jaime Estevez Valencia, Minister of Transport and Telecommunications.-Francisco Vidal Salinas, Minister of the Interior.-Luis Bates Hidalgo, Minister of Justice. What I transcribe to you for your knowledge.-Salutes intently to Ud., Guillermo Díaz Silva, Deputy Minister of Transport.