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CHANGES VARIOUS LEGAL BODIES IN THE FIELD OF TRAFFIC FINES

Original Language Title: MODIFICA DIVERSOS CUERPOS LEGALES EN MATERIA DE MULTAS DE TRANSITO

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Bearing in mind that the National Congress has given its approval to the following bill: " Article 1.-Enter the following amendments in Law 18.290, of Transit: (a) Replace the second indent of Article 4, by the following: " For the purposes of the foregoing paragraph, registration and infringement detection equipment may be used in the manner determined by the Ministry of Transport and Telecommunications. (b) Substitute the sixth paragraph of Article 4, for the following: " The registration and detection equipment for violations relating to speed and red light may only be operated by Carabineros of Chile, and by the tax inspectors. designated by the Ministry of Public Works, in the case of toll plazas, operation of tunnels and sections The Ministry of Public Works of 1996, which set the recast, coordinated and systematized text of the decree, has been carrying out repairs and maintenance of public roads built and operated under the supreme decree Nº900. with force of law No. 164, of the Ministry of Public Works, of 1991, Law of Concessions of Public Works. " c) Eliminate in the seventh paragraph of article 4 the sentence 'or municipal'. (d) Replace Article 150 by the following: " Article 150.-Where the risks or circumstances specified in the preceding articles do not exist, the following maximum speed limits shall be: 1.-In urban areas: 1.1. Vehicles of less than 3,860 kilograms of gross vehicle weight and motorcycles: 60 kilometers per hour. 1.2. Vehicles with more than 17 seats, including the driver, buses, trucks of 3,860 kilograms of gross vehicle weight or more and school transport vehicles: 50 kilometers per hour. 2.-In rural areas: 2.1. On roads with a track of circulation in each direction: 100 kilometers per hour. 2.2. On the roads of two or more roads in the same direction: 120 kilometers per hour. 2.3. In any case, buses and trucks of 3,860 kilograms of gross vehicle weight or more and school transport vehicles shall not be able to circulate at a speed exceeding 90 kilometers per hour. Inter-city buses may run at 100 kilometres per hour. " (e) Defeat Article 197 (3). (f) Add, following Article 200, the following Article 200a, new: " Article 200a.-For the purposes of reporting or initiating proceedings in any other way for offences relating to speed, a range of a general tolerance of 5 kilometres per hour, which must be added to the speed limits of Article 150. It shall constitute a less serious infringement, exceeding the maximum speed limit of Article 150 by up to 10 kilometres per hour. It shall constitute a serious infringement, exceeding the maximum speed limit of Article 150, from 11 to 20 kilometres per hour. It shall constitute a serious infringement, exceeding the maximum speed limit of Article 150 by more than 20 kilometres per hour. ' Article 2.-Amend the second paragraph of article 14 of Law No. 18,695, Constitutional Organic of Municipalities, whose consolidated, coordinated and systematized text is contained in the decree with force of law No. 1-19,704, of the Ministry of the Internal, 2002, as follows: (a) Replace, at number 4, the combination "and" end and the comma (,) above, by a semicolon (;). (b) Substitute, in number 5, the separate point (.) by a comma (,) followed by the conjunction "and" (c) Add the following number 6, new: " 6.-One hundred percent of the proceeds of fines imposed by the Local Police Courts, for violations or contraventions of the rules of transit, detected by means of equipment for the registration of infringements. " Article 3.-Reposition Article 55 of the Law No. 15.231 on the Organization and Privileges of the Local Police Courts, for the following: " Article 55.-The fines that the Local Police Courts impose will not be affected by legal surcharge (a) and shall be for the benefit of the commune in whose territory the offence was committed, except for those which, as provided for in Article 14 (6), second indent, of Law No. 18,695, Constitutional Organics of Municipalities, must be to the Municipal Fund. However, 18% of the fines for communal benefit will be allocated to the National Child Service for the assistance and protection of the minor in irregular situations, for which the municipalities will have to make available to the designated service at least fortnightly these resources. " Article 4.-Amend article 24 of Law No. 18.287, which establishes the procedure before the Local Police Courts, in the following manner: (a) Substitute the second indent by the following: " The operation and permanent administration of the Registry shall be the responsibility of the Civil Registry and Identification Service, in accordance with a regulation to be issued by the President of the Republic, and which shall be jointly signed by the Ministries of Justice and Transport and Telecommunications. "(b) Add in the fourth indent, following the separate point (.) which becomes the following point (.), the following final sentences:" However, in the case of fines referred to in Article 14 (2), second indent, of the law Nº 18,695, Constitutional Organics of Municipalities, the municipality that receives the payment, will find out in its entirety directly to the Municipal Fund. In this case, the deduction of the 20% indicated above shall not be carried out. However, the municipality that receives the payment must submit to the Registry, within the following thirty days, the tariff corresponding to the latter to eliminate the respective annotation. " Transitional article.-The operation and administration of the Land Registry of the Non-Paid Transit, created by Law No. 19,676, will correspond to the Civil Registry and Identification Service, once the concession contract currently in force has expired. under the protection of Article 24, second indent, of Law No 18,287, which under this law is replaced. ' Having complied with the provisions of Article 82 of the Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Mexico, and because I have had to approve and sanction it, I therefore promulgate and take effect as the Law of Santiago, 15 July 2002.-RICARDO LAGOS ESCOBAR, President of the Republic.-Javier Etcheberry Celhay, Minister of Transport and Telecommunications.-José Miguel Insulza Salinas, Minister of the Interior.-Nicolas Eyzaguirre Guzmán, Minister of Hacienda.-José Antonio Gómez Urrutia, Minister of Justice. What I transcribe to you for your knowledge.-Salutes intently to Ud., Guillermo Díaz Silva, Deputy Minister of Transport. Constitutional Court Draft law amending the Law No. 18,290, of Transit, in relation to the operation of the registration and detection equipment for speed and red light violations The Registrar of the Court Constitutional, who subscribes, certifies that the H. Chamber of Deputies sent the bill enunciated in the rubric, approved by the National Congress, so that this Tribunal would exercise the control of constitutionality with respect to the articles 2, 3 and 3. 4º, and by judgment of 27 June 2002, stated: 1 that the second, 3rd and 4th, points (b) of the draft submitted are It is not up to the Court to rule on the rule referred to in Article 4 (a) of the draft, for dealing with a matter which is not of the constitutional organic law. Santiago, June 28, 2002.-Rafael Larraín Cruz, Secretary.