Amends Act No. 18.287 On Procedure Before The Courts Of Local Police And Law No. 18.290, Law Of Transit

Original Language Title: MODIFICA LA LEY Nº 18.287, SOBRE PROCEDIMIENTO ANTE LOS JUZGADOS DE POLICIA LOCAL Y LA LEY Nº 18.290, LEY DE TRANSITO

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"Article 1.-Introducense the following modifications in the law No. 18.287, which establishes the procedure before the courts of Local police: 1. replaced the article 3rd, by the following: 'article 3.-the police and inspectors fiscal or municipal that surprised offences, contraventions or failures falling within competence of judges of Local police, must report them to the competent court and cite the offender so that you appear at the next hearing indicando Día y hora, under penalty of proceeding in their defiance. However, infringements or infringements to the rules of transit stops or parking in prohibited places committed less than a hundred metres from the entrance of BBS first aid and hospitals, only may be denounced by the police.
The citation shall be in writing, giving the respective document to the infringer that you will find present; If not so, you will be in a visible place of their domicile. A copy of the citation must be accompanied to the accusation, with indication of the way in which was knowledge of the offender.
For a breach of the rules of transit or transportation, if the offender is not find present, citation will be left in the vehicle, without adhere it. If the respondent does not appearance, the judge will quote you by registered letter to the address that is listed in the registry of motor vehicles, on the national register of transport services for passengers or another record that leads the Ministry of transport and telecommunications. In the same way be when citation has not been left in the vehicle to be this moving.
The complainants referred to in subsection first and court officials duly authorised by the judge will have access, without charge, to the address information contained in the above records. Misuse of these data by officials authorized to require them, will generate the responsibilities established by law.
This information can be requested by any means, whether written, oral, computational or electronic it deemed more convenient and expeditious, to the body having to charge the respective registry. The Agency is obliged to provide it immediately, using the medium easier and quicker to do so, without prejudice to send after the corresponding certificate, to the applicant.
In the event that the information is ordered by the Court, the Secretary will leave testimony in the process date and form that is required that report, and if the answer is oral, appoint in addition its date of receipt, the individualization of the person who issued it and its tenor. If the data had been gathered by the complainants referred to in the first subparagraph, shall be attached to the document with which to get the complaint to the tribunal. ".
2 replacements the first and second subparagraphs of article 4 by the following, passing current paragraphs third, fourth and fifth to be fourth, fifth and sixth, respectively: "article 4.-the citation to the Court and the registered letter referred to in the third paragraph of the preceding article, shall be made in duplicate and under penalty of proceed in absentia. They must include, at least, the following: 1. the individualization of the respondent and, if majordomo, the number of his identity card;
2. the competent Local police court and the day and time that must go;
3. the lack or violation charged and the place, day and hour in which it would have committed, and 4. the identity of the complainant and the office that plays.
If case of a breach of the rules governing transit, must contain, in addition, the patent plate and the vehicle class and, if relevant, driver licence, date control, the municipality that granted it and address having annotated therein.
The regulation will indicate other mentions that should contain the citation and the certified letter. ".
3. replace article 8 th by the following: ' article 8.-the notice of demand, lawsuit or complaint, he shall be personally delivering copy of it and of the ruling of the Court, signed by the Secretary, the respondent, sued or denounced.
However, if the person who should be notified is not bearing on two different days, at home in room or in place where usually overnight stay, or exercises its industry, profession or employment, officer of diligence will make delivery of copies indicated any adult person that there is or will set it in the door of this place always to be established that the person who should be notified is located in the place of judgment and that is their home or workplace, sufficing to check these circumstances the proper certification of Minister of faith. The delivery of these copies will be made without prior Decree of the judge. If this place is they are not permitted free access, copies will be given to the goalkeeper or Manager of the building or enclosure, leaving testimony express of this circumstance.
The notifications referred to in this article, as well as other actions that determined by the Court, may be made by a court receiver, notary, officer of the Registry Office of the domicile of the respondent, respondent or defendant, or by an official designated by the judge, or municipal court, of the public service in charge of the matter or the forest National Corporation for violations of forest law and , in certain cases, the Court shall determine by resolution established, by a policeman. The designation of the respective public service or the national forestry Corporation official will be a roster of professionals and technicians to the corresponding Regional Director shall send to the Court, at the request of this. All designated officials will act as Minister of faith, without the need for acceptance of cargo.
In cases followed by the traffic accidents, the judge may impose removal of the vehicle when the demand, not can notify a complaint or lawsuit because driver or address of the owner of the vehicle registered in the municipality, on the national register of drivers, to the registry of motor vehicles or on the national register of passenger transport services as the case may be, is non-existent or do not correspond to the who should be notified.
Persons designated by the Court in accordance with the provisions of this article, will be empowered also to carry out all the functions and intervene in all proceedings referred to in article 390 of the organic code of courts, and to act outside the jurisdictional territory of him. By actions that perform in this character, the Court or municipal officials will receive up to 75% of the rights laid down in the tariff of judicial receivers established by the Ministry of Justice. ".
4 Introducense the following amendments to article 18: to) replace the subparagraph first with the following: "article 18.-the resolutions shall be notified by registered letter, which must contain a full copy of those. Statements that impose fines higher than five monthly tax units, which cancel or suspend licenses for driving and which regulate damages exceeding ten monthly tax units, shall be notified personally or by order. ".
"(b) in the third paragraph, replace the expression"third day"by"fifth day", and agreganse below in the separate dot (.), which happens to be followed, the following phrases:"If the certified mail is returned by post by have not been able to deliver to the recipient office, adhere to the record. The foregoing is without prejudice to the application of the General rules on procedural nullity. ".
5 Introducense the following amendments to article 22: to) Intercalanse following paragraphs third and fourth, new, passing the current to be consecutively ordered then referred to: "any person who has been reported to a Local police court by officers referred to in article 3, due to breaches or serious violations, less serious or minor traffic law or land transport standards that they have not caused injury or damage, may be exempt from attend the Court pursuant to the subpoena that has been practiced you, if you agree to the infringement and the imposition of the fine.
Means that the respondent accepts them, ending the cause, for the mere reason that comes to the respective fine in fifth day of made the accusation, presenting the copy of the citation, which will indicate the offence committed. In this case, you will be entitled to to reduce it by 25% the value of the fine, which will be deducted from the amount to be paid. Payment should be in the Municipal Treasury corresponding to the place in which the offence was committed, or the servicer that concluded agreement the municipality, who will arrive at the Court proof of payment shortly. For these purposes, Local police judge shall refer to the Municipal Treasurer payroll violations with their corresponding fines and the value resulting from the deduction of 25% before aforementioned. The Local police court or the unit of police whose power is license, will return it the offender against the respective payment receipt delivery. ".
"(b) in the current third paragraph, which passes to be fifth subparagraph, replace the expression"However"by" Notwithstanding provisions in the first paragraph ".

6 replace article 23 with the following: "article 23.-after the period of five days referred to in the preceding article without that has has credited the payment of the fine, the Court may impose, by way of substitution and urgency, any of the following measures against the offender: night imprisonment, daytime imprisonment or detention of weekend at the rate of one day or one night by each fifth of monthly tax unit, with a maximum of fifteen days per day, day or night, without prejudice to the provisions of article 20 bis. Such measures may be enacted in full or part, or on certain days of the week, specifying duration, place and way to comply with the enacted.
For fines exceeding twenty monthly tax units, such measures shall be without prejudice to the exercise of executive action.
The implementation of these measures of enforcement and replacement may not be suspended or left without effect but by order of the same court that issued them or the payment of the fine, the amount of which is expressed in her. Agency police fill out order or keep the offender can validly receive the payment of the fine, in which case will return to the Court within the third day the completed order and money raised.
At the request of a party, the judge may replace a measure on the other during the fulfillment of this.
Nothing in this article not governed in the case of judgments relapses recovery in the cases referred to in the following article.
In the processes for faults, shall apply the provisions of the code of criminal procedure. ".

7 replaced article 24 with the following: "article 24.-trying to complaints mentioned in the paragraph third from article 3, the Secretary of the Tribunal, every two months, it shall fines unpaid for their entry in the register of traffic fines unpaid. While the annotation is in effect, the registration certificate of the vehicle concerned may be not be renewed. The period of limitation shall be three years, counted from the date of the entry.
The registry will be controlled by the Ministry of transport and telecommunications and will be governed by the regulations that dictate the President of the Republic through the Ministry. That regulation will address the public bidding of the operation and management of the registration, indicating the technical and economic characteristics to clamp the bases of the invitation to tender; the financing of the registry by means of the payment of fees for actions that are carried out; the maximum period of duration of the concession; a process expedited for the attention of claims, especially the aimed to eliminate or modify erroneous, inaccurate, misleading, or incomplete data appearing on the register, which must be carried out free of charge to interested parties; the grounds of expiry of the concession, especially those of expiration, which shall be deemed the reiteration of errors in the operation and administration of the registry; and other materials concerning children.
The registration certificate of the vehicle may be renewed if the amount is paid simultaneously with the fines listed as pending in the register, their adjustments and tariffs that apply. To do this, in the month of December of each year, registration sent to municipalities the list of vehicles that are in such a situation, pointing out the patent plate, date of annotation of late, the penalty amount, court that imposed it and cause in which affects.
The municipality received the payment of the fine imposed by a Court of local police in another commune, will receive 20% of it and shall refer to the registry the remaining 80%, together with the tariff that it corresponds, so appropriate to delete the annotation. At the same time, within 90 days, registration will be sent to the respective municipalities the percentage of the fine that was sent to you.
If an already registered fine is carried out in the Municipal Treasury corresponding to the place in which the offence was committed or the servicer with whom the municipality concluded Convention, this registry will inform that fact and will send you the respective within ninety days following tariff. ".

8 incorporated the following new article after article 24: "article 24 bis.-to remove the annotation of delinquency in the register, the person concerned must pay, along with the value of the fines and the adjustments that come, the relevant fee.
Subsequent decisions that prove the payment, modify the amount of the fine or absolve her, shall be communicated to the registry annotation that has been practiced is eliminated or modified, as appropriate.
If, due to an erroneous, inaccurate, misleading or incomplete annotation in the register, the person concerned to obtain the renewal of the registration certificate of the vehicle has that pay the amounts referred to in subsection first without being obliged by law, shall be entitled to the redesigned sum to be returned to you. The foregoing shall be without prejudice to it claim compensation for the damage that caused him undue treatment of data.
Without prejudice to the provisions of the preceding paragraph, the natural persons owning of vehicles shall have the rights which establishes Nº19.628 in relation to the registration law and the municipality that has provided data. ".