Amends Supreme Decree No. 294, In 1984, Of The Ministry Of Works As Public, And Law N ° 18.290, With Regard To Rules On Weight Maximum Of Vehicles And Cargo

Original Language Title: MODIFICA DECRETO SUPREMO N° 294, DE 1984, DEL MINISTERIO DE OBRAS PUBLICAS, Y LEY N° 18.290, EN LO RELATIVO A NORMAS SOBRE PESO MAXIMO DE VEHICULOS Y CARGA

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In the first, after the word "fine" paragraph " replace the phrase "to be" by prayer "that will constitute income of her own Ministry of public works".
((b) add in) (d) of the second paragraph, after the final word "monthly", passing the point apart to be followed, the next point: "are understood to be serious, too, both the refusal of the driver, without just cause, so the vehicle is subjected to weight control, such as the parking of a vehicle loaded with or without driver, for three or more hours on the road platform" , in the previous three kilometers from a fixed or mobile weighing square space. Means road platform surface corresponding to the carriageway and berm from a road and adjacent spaces that enable the eventual vehicle parking."
(c) replace the third subparagraph by the following: "solidarity will be forced to pay fine the driver, the owner of the vehicle or the holder of the same in his case, and the freight forwarder. However, the owner of the vehicle that proves that it was taken without his knowledge or permission or tacit or who has transferred ownership or possession of the same to another person under a contract of lease or any other title, and the the freight forwarder attesting to that you are dispatched without overweight is waive liability. "."
(d) Intercalanse the following subparagraphs fourth and fifth, new, passing current subparagraphs fourth and fifth to sixth and seventh, respectively: "Notwithstanding the provisions of the preceding paragraph, the freight forwarder not be liable to the payment of the fine where the infringement consists in the refusal of the driver, without just cause, so the vehicle is subjected to weight control.
Generating companies of charging, understanding as such which annually produce 60,000 tons or more in every place of shipment or receipt, must have weighing systems of vehicles, in accordance with the General rules of a technical nature that is providing the Ministry of public works by Supreme Decree. This Decree designated, at least, the time limits within which enterprises must comply with the provisions of this subsection, the definition of the dispenser of cargo and type of scale, and modalities that the circumstances warrant. "."
(e) replace the fourth subparagraph, which becomes sixth, by the following: 'without prejudice to provisions of article 31 fourth subparagraph, Carabineros de Chile, ex officio or at the request of officials of roads, will denounce violations to the competent court, will retain the license of the offender and will quote him personally and in writing to make it appear the next audience indicando Día y hora, under penalty of proceeding in their defiance. The retained license and a copy of the citation that will contain the individualization of the vehicle owner or holder of the same, in his case and dispenser of the burden that fully occupy the truck, trailer, or semitrailer, shall submit to the complaint which will be forwarded to the appropriate Local police court. Public servants whom the Dirección de Vialidad given the quality of inspectors may also make such complaints. The latter may also denounce vehicles that do not have complied with standards of control of weighing, with data from their respective patents plates. "."
(f) replace the fifth paragraph, which becomes seventh, by the following: "the process is subject to the rules of the titles I and III of the law N ° 18.287, with the following exceptions: A. shall not apply paragraphs first to the fifth of article 22 and article 23 of this law;"
B the owner of the vehicle, other than the driver, fork in your case and the dispenser of load, to its proper location, will be cited by the Court at a hearing by registered letter addressed to the declared place of residence to obtain the registration certificate, in the first case, and to the door stating in the waybills, in the second.
C if it is does not pay the fine within the fifth day of the judgment rendered, this will serve enforcement against the driver, the owner of the vehicle and the freight forwarder.
D if requested the incidental fulfillment of the sentence applied fine, execution will take effect even after thirty days have elapsed since it has been executed, and E-execution only may oppose except for payment of debt. In addition, may excepcionarse, the owner, proving that the vehicle was taken without his knowledge or express or implied authorization and the freight forwarder, proving that this was dispatched without overweight. "."
(g) Agreganse, at the end of the article, the following subsections: "establish also a fine by recidivism ranging between 10 and 50 monthly tax units, likely to be replaced at the owner's request for a suspension of activities of vehicle affected by a lapse of between three and six months, to be applied to the owner of the vehicle that has been committed more than two very serious offences" , more than three serious offences, or more than four less serious offences, or over five minor offences, which is this article in the past 24 months. Means that more serious offences accumulate to the less serious to compute the indicated penalties.
To comply with the provisions of the preceding paragraph, the judge shall communicate ex officio to the national registry of motor vehicles the convictions that fictional, so this record them in the registration of the respective vehicle.
The Director of the registry will inform at the request of the judge the annotations that have vehicles that are operated by offending drivers.
The vehicle will not move if it does not comply with the rules on maximum weight.
The competent court shall inform the Treasury service fines which have been unpaid for the purposes of its enforcement, pursuant to article 35 of the Decree Law No. 1.263 of 1975, however that constitute income of the Ministry of public works or the municipality, as the case may be.
The Ministry of public works may, on routes within its competence, authorize municipalities to install weighing capacity, by delegating them to schools in this regard gives this law, must they comply with rules to be determined in the respective Decree of authorisation to effect. The product of the fines originating from any breach of the rules on maximum weight of vehicles and cargo that are proven in a square of weighing, will go to benefit of the corresponding municipality, in accordance with the authorization.
In the absence of a square of weighing to verify compliance with the rules on maximum weights, the documentation that accredits the load carrying vehicle will test of compliance with these standards.
For the measurement of axle weights, tolerances, which shall be adopted by resolution of the Dirección de Vialidad and shall be published in the official journal shall be established. "."