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AMENDMENT OF LAW NO. 18,290, OF TRANSIT, AS REGARDS THE OBTAINING OF DRIVER ' S LICENSES

Original Language Title: MODIFICA LA LEY Nº 18.290, DE TRANSITO, EN LO RELATIVO A LA OBTENCION DE LAS LICENCIAS DE CONDUCIR

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AMENDMENT OF LAW NO. 18,290, OF TRANSIT, REGARDING THE OBTAINING OF DRIVER ' S LICENSES Having regard to the fact that the H. National Congress has given its approval to the following Bill: " Article 1.-In the case of holders of licenses |! |of driving classes A-1 or A-2 obtained prior to 8 |! |of March 1997 or under the provisions of the article |! | 3rd transitional of law No. 19,495, shall be deemed to be |! |comply with the requirement required in article 13, paragraph |! |second, number 5, of law No. 18,290, by the only fact of |! |accredit to have been in possession of a license class A-1 |! |to qualify for the Class A-3, or class |! | A-2 professional license to qualify for the Class A-5 professional license. In the case of driver's license holders |! |classes A-1 or A-2 which have obtained them from 8 of |! |March 1999, will be deemed to comply with the requirement |! |required in article 13, second paragraph, number 5, of the |! |law No. 18,290, for the sole fact of proving to have been |! |in possession for the term of two years of a class license |! | A-1 to opt for the professional license class A-3 or |! |accredit to have been in possession during equal time of |! |a class license A-2 to opt for professional license |! |class A-5. Empower the transit and transportation directors |! |public of authorized municipalities to grant |! |driver's licenses to extend licenses to be |! |refers to the above paragraph with the sole object of allowing |! |their holders comply with the required requirement in the |! |article 13, second, number 5, of law No. 18,290. Article 2.-Facultbe to the directors of transit and |! |public transport of authorized municipalities to |! |grant driver's licenses to extend licenses |! | A-1 and A-2 granted between March 8, 1997 and date |! | publication of this law up to the date of birthday |! |of the holder that occurs in the year 2001. If that date falls on the |! | February 29, it will be extended until the first business day of the |! |month of March. Article 3.-Suprimense, in the second paragraph of article 3 of Law No. 19,495, the word "professional", the first time it appears, and the word "new". Article 4.-Introduces the following amendments in law No 18.290: 1.-In Article 12: a) Replace Class A-PROFESSIONAL LICENSE, by the following: PROFESSIONAL LICENSE Enable to drive passenger transport vehicles, cargo vehicles, ambulances and carrobombas, being of the following classes:-For the transport of persons: Class A-1: To drive taxis. Class A-2: To drive interchangeably taxis, ambulances or motorized vehicles of public and private transport of persons with capacity of ten to seventeen seats, excluding the driver. Class 3: To drive interchangeably taxis, vehicles for the paid transport of schoolchildren, ambulances or motorized vehicles of public and private transport of people without limitation of seating capacity. -For the transport of cargo: Class A-4: To drive simple vehicles for the transport of cargo whose Gross Vehicle Weight is greater than 3,500 kilograms or carrobombas. Class A-5: To drive carrobombas or all types of motor vehicles, simple or articulated, intended for the transport of cargo with a gross vehicle weight exceeding 3,500 kilograms. " (b) In the subheading SPECIAL LICENCE, in the definition CLASE F, remove the word "special", which follows the expression "motorized vehicles", and the phrase "not included in the above classes.", and replace the comma (,) that follows "Gendarmerie of Chile" by an end point (.). 2.-In Article 13: (a) In its first indent, add the following number 4, new: " 4. Accredit, by affidavit, that it is not a consumer of drugs, narcotic drugs or prohibited psychotropic substances that alter or modify the fullness of physical or psychological capabilities, in accordance with the provisions contained in the law No. 19.366 and its Rules of Procedure. The audit of compliance with this provision will be done in accordance with Articles 189 and 190 of this Law. (b) In the second subparagraph, delete the number 3 "Being graduated from basic education" in the special requirements of the Professional License, passing the numbers 4 and 5 to 3 and 4, respectively. 3.-In Article 18, replace the second indent by the following: " However, the holder of a licence must submit every six years to an examination to determine the moral, physical and mental suitability, in the form set out in the articles 13, number 1; 14 and 21. ' 4.-Article 19 be replaced by the following: " Article 19.-Every driver who holds a professional licence shall, every four years, prove that he complies with the requirements laid down in Article 13 (1) and (4). In any event, the local police judge may, in the cases where he is aware, order a new licence check to be carried out, before the deadline set out in the previous subparagraph. In the case of a physical or psychological incapacity to be found to determine that a driver is unfit to drive or make dangerous the driving of a vehicle, the director of transit and municipal public transport or the local police judge, If applicable, you will be cancelled or suspended from driving. The suspensions or cancellations referred to above shall be communicated to the National Registry of Motor Vehicles Drivers, in the form and within the time limits specified in Title XVIII, for the corresponding entries to be carried out. The control of any driver's licence shall be carried out at the latest on the birthday of the holder. Where this occurs on a non-working day, the checks shall be carried out on the following working day and, in the case of 29 February, on the first working day of March. ' 5.-The sixth indent of Article 21 shall be replaced by the following: " qualified cases and provided that the deficiency is not serious, or that the age and the general state of the petitioner are addressed, the licence may be granted for a period lower than those referred to in Articles 18 and 19, as appropriate. '; Article 1.-To the drivers of vehicles of the Armed Forces, of Carabineros of Chile, of the Police of Investigation of Chile and of the Gendarmerie of Chile that to the date of entry into force of this law possess the driving licences required by Article 12 of Law No 18.290 to drive the various types of vehicles mentioned in it, they shall not be required to obtain the special class F licence but to count on the date of control of which they are currently possess. Article 2.-The holders of driver's licenses class A-1 and A-2, granted prior to March 8, 1997 and which maintain their validity at the date of publication of this law, may obtain directly the professional license class A-3, in the case of the class A-1 licence obtained before 8 March 1997, and the Class A-5 professional licence, in the case of the A-2 class licence obtained before 8 March 1997, by crediting the approval of a training course in the form which determine the Ministry of Transport and Telecommunications. Article 3.-The references contained in the Law of Transit and in other legal bodies, regulations and decrees, to the number 3 "Being graduated from basic education", from the special requirements for obtaining a Professional License, from the second indent of the Article 13, deleted by Article 4 (2) (b) of this Act, shall be construed as having been made to that number. '; Having complied with what was established in the 1st of the |! |article 82 of the Political Constitution of the Republic and |! |by how much I have had to approve and sanction it; by |! |so promulgate and take effect as Law of the |! | Republic. Santiago, January 10, 2001.-RICARDO LAGOS ESCOBAR, |! | President of the Republic.-Carlos Cruz Lorenzen, Minister |! |of Transport and Telecommunications. What I transcribe for your knowledge.-Salute to Ud., |! | Patricio Tombolini Veliz, Deputy Secretary for Transport. Constitutional Court Draft law amending the Law No. 18.290, of Transit, regarding the obtaining of driver's licenses The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the bill enunciated in the rubric, approved by the National Congress, in order for this Court to exercise the control of constitutionality, in respect of Article 4, number 4, of the same, and by judgment of December 27, 2000, declared that the Article 4, number 4, of the draft, which replaces Article 19 of the Law No 18,290, is constitutional. Santiago, December 28, 2000.-Rafael Larraín Cruz, Secretary.