Replaces Article 43 Of Law N ° 18.290

Original Language Title: SUSTITUYE ARTICULO 43 DE LA LEY N° 18.290

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"Unique article. Replace article 43 of law N ° 18.290 by the following: ' article 43.-founded resolution of the Director General of the service registry and identification that refusal to a request of registration or annotation to the registry of motor vehicles, or that does not give rise to a correction, modification or requested cancellation, be claimed before the Civil judge corresponding to the domicile of the applicant " , subject to articles 175 and 176 of the organic code of courts. This claim will be processed without form of trial and the verdict will be appealed in both effects before the respective Court of appeals, which will meet the resource account, without waiting for the appearance of the parties. The judge will not treat any claim of the aforementioned resolution without accompany copy of it.
Judge, knowing by way of complaint or request, before working out, should seek from the Ministry of transport and telecommunications or the corresponding Ministerial Regional Secretariat, a technical report issued by establishments or entities designated by him, in order to determine the data identifying the vehicle. Costs generated by the processing or report, shall be responsible for the applicant's registration or annotation. Likewise, shall be sought this report in the case of the rejection of a request for rectification or modification of the characteristics of the vehicle. When the report refers to a vehicle armed with components used in the country, it must be registered as a "spell" and shall be considered as its year of manufacture that corresponds to the oldest between the chassis and the engine. This technical report may be also requested to the Ministry of transport and telecommunications or the corresponding Ministerial Regional Secretariat for the person concerned, to be presented to the judge.
Similarly, the judge must officiate the custom section and search of Carabineros de Chile to make report about whether the vehicle that it is claim has been hurtado or stolen or if your search has arranged, and where appropriate, will require the submission of customs documents or invoices evidencing the purchase of the chassis engine and bodywork.
Once obtained the above-mentioned background, judge sent the record to the Civil Registry and identification service for their knowledge and to inform him.
In any ruling mandating the registration of a vehicle motorized, the correction or amendment thereof, by way of complaint or request to the Court, the judge, as well as noted in the placa-patente only if you have it, data that characterize the vehicle set out in the regulation of the registry of motor vehicles, and the identification and the number of its owner Ruth must be fully identified and low constancy, have had to view the reports referred to in the preceding subparagraphs and the history presented by the applicant to prove the domain.
Also, if it will accept the claim and the person concerned has been required to keep the date and time of admission to the Repertoire of the refused application, the judge will have it in the statement for the purposes set forth in article 36, without prejudice to the Civil Registry and identification service assign to the new request another number, date and time of entry.
Municipalities will proceed to turn the permissions of the vehicles referred to in this article, from the date of enforcement of the respective judgement. ".".