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AMENDED LAW NO 18.290; LAW NO. 15.231 AND LAW NO 17.105

Original Language Title: MODIFICA LEY N° 18.290; LEY N° 15.231 Y LEY N° 17.105

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The Board of Government of the Republic of Chile has given its approval to the following Draft Law Article 1 °.-The following amendments to Law No 18.290: 1.-Add to Article 3 the following fourth indent: " The municipalities may, in any event, lay down rules to amend the description of the offences set out in this law, their qualification and the penalty to which they are referred, or even under the pretext of that the fact is not described in it. '; 2.-Substitute Article 12, by the following: " Article 12.-Driver licences shall enable the driver to drive the types of vehicles included in each of the following classes: Class A-1: Motor vehicles for the collective transport of persons, taxis, vehicles for the (i) the carriage of passengers by school and private persons, the latter having a capacity exceeding seven seats, excluding the driver's seat: Class A-2: Motor vehicles of a load, simple or coupled, with a load capacity exceeding 1,750 kilograms; refuse or other vehicles intended for the purpose of washing; cargo vehicles; the capacity of the vehicle to carry dangerous substances or goods, such as explosives or radioactive elements, corrosive, toxic or flammable, and emergency vehicles. Class B: Motor vehicles of three or four wheels for the particular transport of persons, with a capacity of seven or less seats, excluding the driver's, or of a load of capacity of 1,750 kg or less, such as cars, Coupes, vans, vans and vans. These vehicles may be combined with a trailer weighing not more than 750 kilograms, or exceeding that weight, not exceeding the tare of the driving unit and provided that the total weight is not greater than 3,500 kilograms; Class C: Vehicles Two-or three-wheel motor vehicles, with fixed or aggregate motor, such as motorcycles, snowmobilers, bicycles and other similar; Class D: Automotive machinery such as tractors, sowers, harvesters, bulldozers, mechanical shovels, shovel loaders, planers, cranes, hoists, backhoes, traiders and similar, and Class E: vehicles animal traction, such as carrefabrics, cars, floats and other similar. Drivers who hold a License of Classes A-1 and A-2 shall be entitled to guide vehicles whose driving requires Class B License. To drive vehicles other than those enabling the class of license obtained, it shall be necessary. submit to the relevant examinations for a new licence. '; 3.-Add to the second paragraph of Article 71, after the expression' emergency vehicles ', the phrase' and cranes intended for the movement of vehicles '; 4.-Substitute the heading of Article 79, as follows: " Article 79.-Motor vehicles as follows: type and class shall also be provided with the following elements: "; 5.-Add to Article 80 the following second indent, passing the current one to the third:" The bicycles and tricycles must be fitted with reflective elements in their 6.-Add to Article 103 the following second indent, passing the current one to be third; " Likewise, it cannot be installed on the sidewalks and berms, less than twenty meters from the corner, commercial propaganda, kiosks, booths, or other similar element that obstructs the driver's visual. ": 7.-Replace the first indent of the Article 138, by the following: " The driver of a vehicle which has the purpose of being virar shall not be given any preference to carry out this manoeuvre and shall respect the right of way of step which the other persons have in these circumstances. vehicles which circulate and pedestrians at crossings or regulatory steps to which they are intended, whether or not demarcated. '; 8.-Substitute Article 169, as follows:' Article 169.-Mayors may not authorize sporting activities to to be carried out on the public highway, without prior written report from Carabineros of Chile. In the case of motor racing or other motor vehicle competitions, the said authority shall require the organisers of the test to ensure the safety of personal accidents similar to that referred to in Title I of the law. No 18,490, for any damage which may be caused to third parties not transported in the vehicles of competition. '; 9.-Replace in Article 197 the comma (,) and the conjunction "and" by a semicolon (;), and interleave the following number 5 passing the current one to be number 6; " 5.-The use by individuals of special devices of own vehicles 10.-Article 199 (14); 11.-Add to Article 201 the following final indent; ' If a person, in the same event, is responsible for two or more offences, the fine corresponding to the infringement shall apply. (a) to be more serious, whatever the number of them. ", and 12.-Replace Article 211, number 2, by the following:" 2.-Register complaints for serious and serious infringements of the rules of this law committed by drivers of vehicles, including vehicles not licensed. '; Article 2 °.-Add to Law No 15.231, the following Article 67 new; " Article 67.-In cases where there is a traffic accident, infringements that are the means to the commission of a crime or quasi-order or that are elements members of these, will know only the Judge of the Crime. If definitive withdrawal is made, the background shall be sent to the Local Police Judge to know of the offences. ' Article 3.-Introduces to Article 181 of Law No 17.105, the following modifications: 1.-Remove the following sentence from the first sentence: "or that, as a result of it, only minor damage or injury has been caused"; First of the second indent, the following: " If, as a result of such performance, damages, injuries or death have been caused, the cause shall be followed by the proceedings of the ordinary trial for crime or simple crime of public action, governed by the Code of Criminal Procedure, with the amendments referred to in Article 122 ° and those which The following are indicated: ", and 3.-Add in the second indent the following point XX, new;" If the person affected by the damage or injury does not interfere with his action before the Judge of the Crime, he may deduct it before the corresponding Civil Judge and the process shall be dealt with in accordance with the rules of the summary judgment, without the provisions of Article 681 of the Code of Civil Procedure being applicable. '; Transitional Article.-The National Registry of Motor Vehicles Drivers, by means of one or more resolutions of its Chief, will eliminate. of the trade or at the request of a party, all entries which do not come from, in accordance with the amendment to Article 211 (2) of Law No 18,290. JOSÉ T. MERINO CASTRO, Admiral, Commander in Chief of the Navy, Member of the Government Board.-FERNANDO MATTHEI AUBEL, General Air Force, Commander in Chief of the Air Force, Member of the Government Board.-RODolfo STange OELCkers, General Director, General Director of Carabineros, Member of the Government Board.-JORGE LUCAR FIGUEROA, Lieutenant General, Deputy Chief of the Army, Member of the Government Board. Because I have had to approve the previous law, I sanction it and sign it in sign of promulgation. Take effect as the law of the Republic. Register with the Comptroller General of the Republic, be published in the Official Journal and insert into the Official Collection of the Comptroller's Office. Santiago, February 1, 1990.-AUGUSTO PINOCHET UGARTE, Captain General, President of the Republic.-Hugo Rosende Subiabre, Minister of Justice.-Carlos Silva Echiburu, Minister of Transport and Telecommunications. What I transcribe to you for your knowledge.-I greet you attentively.-Hernan Novoa Carvajal, Assistant Secretary of Justice.