Reforming The Special Law For The Constitution Of The Fund For The Care Of Victims Of Accidents Of Transit (Fonat).

Original Language Title: Refórmase la Ley Especial para la Constitución del Fondo para la Atención de Víctimas de Accidentes de Tránsito (FONAT).

Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/reformase-la-ley-especial-para-la-constitucion-del-fondo-para-la-atencion-de-victimas-de-accidentes-de-transito-fonat/archivo_documento_legislativo



1 Decree N ° 232 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that through Legislative Decree N ° 232, dated December 14, 2012, published in the official journal N ° 8 volume N ° 398, January 14, 2013, was issued the special law for the Constitution of the Fund for the care to victims of traffic accidents which created the Fund to the victims of traffic accidents, FONAT, which aims to ensure resources for victims of traffic accidents.
II.-that under ruling of unconstitutionality by the Constitutional Division of the Supreme Court of Justice, as of February 7, 2014, related to the process of unconstitutionality No. 63-2013, were declared unconstitutional a number of provisions of the law referred to in recital above, affecting thus the FONAT performance especially on weekends and their source of funding.
III.-that the above, it is necessary to issue the corresponding amendments to the special law for the Constitution of the Fund for the care to victims of traffic accidents, to regularize and facilitate its operation; as well as reforming a number of provisions of the Act, that facilitate the access of victims of traffic accidents to the benefits of the Fund.
Therefore, use of his constitutional powers and at the initiative of the President of the Republic through the Minister of public works, transport and housing and urban development.
DECREES the following: reforms to the law special to the Constitution of the Fund to the attention to victims of accidents of transit article 1.-reforming the Art.1, in the following manner: "object of the law article 1.-this law is to establish the legal framework that guarantees the funds needed to provide a financial benefit to any person as a result of a traffic accident" results with some degree of disability, whether temporary or permanent, or their relatives, in the case that is deceased.

2. Likewise, it aims to foster, according to their financial availability, programs that contribute to the incorporation to the productive life of anyone that is with some degree of temporary or permanent disability as a result of a traffic accident and promote education and prevention campaigns road, in accordance with the conditions set out in this law, in order to reduce traffic accidents in a systematic way."
Article 2.-reforming article 2 in the following manner: "creation of the Fund article 2." -Creating the Fund for attention to victims of accidents of transit, that hereafter may be referred to as the FONAT, or simply the Fund, as a decentralized under public law, of a technical nature, public utility, of indefinite duration and with personality and own patrimony, with full autonomy in the exercise of their functions, both in the financial and administrative and budgetary which will be attached to the Ministry of public works, transport and housing and urban development."
Article 3.-replace in article 3 the second paragraph follows: "Shall the FONAT, through the National Council of road safety, develop and execute measures to be determined by the corresponding scientific technical studies, in order to reduce traffic accidents in a systematic way."
Article 4.-reform article 4 in the following manner: "definition article 4." -For the purposes of this law, is considered victim to any person, either driver, passenger or pedestrian, that as a result of a traffic accident, is deceased or with some degree of disability, temporary or permanent, whether or not had responsibility in the accident.
If in doubt about the determination of whether or not a person has the quality of traffic accident victim, the FONAT can request and obtain ex officio the test which it deems appropriate, in order to reliably determine the quality."
Article 5.-reforming article 5, in the following manner: "(Finalidades Esenciales Art. 5.-Son fines esenciales deel FONAT: a) deliver a financial benefit, only once, to any person who, product of a traffic accident, be declared with some degree of disability, or their relatives, in the case that is deceased;"
(b) promote programmes or projects of public institutions that contribute to the establishment of conditions for the incorporation into the productive life of all 3 who is with some degree of disability, temporary or permanent, as a result of a traffic accident;
(c) to promote, through the National Council of road safety, CONASEVI, programmes and projects in the field of security, education, and prevention road, in order to prevent and reduce traffic accidents and live statistics on such accidents; (y, d) others that law. "
Article 6.-reformed on article 6, paragraph 4), in the following manner: "4) a delegate of the Ministry of education."
Article 7.-reform article 8, in the following manner: "(Atribuciones deel Consejo Directivo deel FONAT Art. 8.-Son atribuciones deel Consejo Directivo deel FONAT: 1) meet and resolve requests that the present law made it to the Fund;"
(2) cooperate with State institutions in the development of programs, having intended to serve anyone that is with some degree of disability as a result of a car accident, after their hospital care;
(3) resolving on the programs and projects the CONASEVI to submit to their knowledge in the field of security, education, and prevention road, contributing to the reduction of traffic accidents;
(4) establish policies, programs and guidelines for the fulfilment of the purposes of this Act;
(5) to ensure that timely enter the Fund resources that correspond and exercise the conducive actions to do so.
(6) develop and annually approving the draft budget for each financial year tax, corresponding to the receipts and expenditures of the institution and its reforms, if any;
(7) appoint the Internal Auditor and external and fix their remuneration and fees, respectively;

(4-8) manage the realization of international aid;
(9) manage the resources that will be assigned, creating for this purpose different organizational structures that are necessary for its operation, as well as the relevant technical committees, for the execution of the particular purpose under this Act;
(10) approve the memory of the work of the previous year, and refer it to the legislature for their respective knowledge;
(11) ensure that audits are practice timely and correspond to the periods indicated;
(12) approve an information system, service and relationships with users, allowing them to know activities and programs developed with the resources of the Fund;
(13) to appoint, remove and suspend the Executive Director and Secretary of the Board of Directors, as well as the rest of the staff of the Fund, in accordance with the law and assign them their remuneration, as well as overseeing the management of the Executive Director and the rest of the staff of the Fund, powers which may delegate to the Chairman of the Board;
(14) purchased and hiring resources, goods and services required for the fulfilment of its purposes;
(15) authorize the opening of current accounts in banks in the financial system;
(16) draft the regulation of this law, and subject it to knowledge and approval of the President of the Republic;
(17) contract advice, consulting and other services that may be necessary, for the preparation and implementation of plans and projects related to the purposes of the Fund;
(18) to promote and sign agreements for the fulfilment of its purposes; (y, 19) exercise the other powers to establish this law and which are not expressly assigned to another agency or officer. "
Article 8.-reform in article 13, the literal f), follows: "f) ensure the delivery of the economic benefit to the beneficiaries referred to in article 20 of this law."

5 article 9.-reforming article 14, in the following manner: "heritage article 14." (The heritage of the FONAT will be constituted by: to) transfer of resources which each year are specifically set out in the General State budget in favour of the FONAT;
(b) extraordinary contributions that for any reason, grant you the State;
(c) inheritances, legacies and donations national or foreign, aimed at the achievement of the objectives of the Fund;
(d) goods chattels, real estate and securities acquired in any capacity at the beginning of their functions or during their operation; (and e) donations from international organizations.
Resources to fund the administrative expenses of the Fund, shall not exceed fifteen per cent of the total revenue that according to the present law apply to you manage, which must be subject to the approval of the Board of Directors."
Article 10.-merge article 15, in the following manner: "financing

Article 15.-each year, should be included in the General State budget law for the next fiscal year, funds allocated to finance as provided in this law; which in no case shall exceed fifty per cent of the income received in respect of fines and interest rates, because the law of land transport, transit and road safety."
Article 11.-merge article 16, in the following manner: "transfer of funds article 16.-the funds referred to in the preceding article must be sent monthly to the FONAT by the Ministry of finance."
Article 12.-merge article 20, in the following manner: "beneficiaries Art. 20.-for the purposes of this law, are considered beneficiaries persons arising as a result of a traffic accident, with some degree of disability, temporary or permanent."

6. in addition, beneficiaries of the benefits set out in this Act, in the case of death of a victim as a result of a car accident, the following persons are considered: 1 ° the children and spouse, or where applicable, the partner of the victim;
2° the father and the mother of the victim;
3° the grandparents and other ancestors of the victim;
4° the brothers of the victim; and, 5° nephews and uncles of the victim.
"People listed in the previous ordinals, will prefer each other in their numerical order, so only in the absence of the calls in the previous ordinal, will enter the designated ordinal that follow, must divide the economic benefits that they are granted equally among people within each ordinal."
Article 13.-reforming article 21, in the following manner: "requests article 21.-persons described in the ordinals of the second paragraph of the preceding article, have a period of six months after the incident the traffic accident, to submit the corresponding application upon the death of their relative."
Victims resulting with some degree of temporary or permanent disability, will have six months to apply corresponding, counted from the date of the traffic accident; If the victim, as a result of a traffic accident, injury could not submit the application within the time limit designated above, any relatives referred to in the preceding article may be present.
When a victim, as a result of injuries in a traffic accident died subsequently to this mishap, the period referred to in subsection first this article shall run from the date of such death.
Expired deadlines mentioned in this article, without that persons formerly concerned submitted the corresponding request, they lose the right to claim the benefits established under this Act except for unforeseen circumstances or force major, which must be satisfied in legal form.
In the regulations under this law shall be determined the requirements and other formalities which must meet those subject to this Act, entitled to the benefits of the Fund."

7 article 14.-reforming article 23, by the following: "amount of compensation article 23." -The amount of the benefit to be covered by the Fund, will be only once and the sum of two thousand dollars of the United States of AMERICA, for deceased, more the sum of five hundred dollars from United States of AMERICA, for funeral expenses.
The economic benefit that should be covered, in accordance with the provisions of the second paragraph of article 21 of this law shall be effected by a single payment and only once, which may not exceed a thousand two hundred dollars of United States of AMERICA, according to the degree of temporary or permanent disability that is a victim of a traffic accident. The degree of disability and the economic percentage that must be covered each of them, will be determined in the regulations under this law."
Article 15.-reform subparagraph first of article 24, in the following manner: "article 24.-effects statistical and control of traffic accidents, as well as for the payment of corresponding benefits, the National Civil Police will be obliged to send to the FONAT, certification of records raised in all traffic accident, and must attach with said Act all information related to each accident specially the identity of victim" injured or deceased, resulting from this accident. Institutions of public health, including the Salvadoran Social Security Institute, shall document and report to the attention of all victim of road accidents that may be benefiting from the Fund."
Article 16.-reform is the second paragraph of article 33, in the following manner: "programs them referred to in the preceding paragraph, they shall be previously approved by the Board of Directors of the Fund, for which, should allocate at least 10% of income receiving annually."
Article 17.-reforming article 36, in the following manner: "abstention of detention article 36.-the National Civil Police shall not detain drivers involved in a traffic accident where there is injury, when they remain in the place of the accident." In these cases, the National Civil Police shall be the corresponding proceedings, fully identifying for each driver and each accident victim resulting, warning them of the obligation to submit to the corresponding court, when so required them.
The provisions of the preceding paragraph will not have application when: 1) responsible for the traffic accident is minor and lacks license;

(2-8) the heads of accident do not have driver's license, or inadequate capacity or type of vehicle involved in the accident; and, 3) responsible or responsible for the traffic accident are under the influence of intoxicating beverages or drugs.
The vehicle involved in a traffic accident, shall be returned to their owners or holders the same day accident, whatever the responsibility that they have in that car accident, without further formality or diligence and once made the police proceedings deemed necessary at the time of the accident, except in the cases referred to in the second paragraph of article 118 of the law of land transport ", Transit and extending road."
Article 18-repeal the literal g) of article 11, the literal h) of article 13, article 26 and the second paragraph of article 37.
Article 19.-this Decree shall enter into force the day one of January of two thousand sixteen, following publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, on sixteenth day of the month of December of the year two thousand and fifteen.
LORRAINE GUADALUPE PENA MENDOZA, PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALBANEZ DE ESCOBAR, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSE SERAFIN RODRIGUEZ ORANTES, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE PRESIDENT.
SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.
WILLIAM FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.
MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LOPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.
JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.

9 ABILIO ORESTES MENJÍVAR RODRÍGUEZ, JOSÉ FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, twenty-three days of the month of December of the year two thousand and fifteen.
PUBLISHED, Salvador Sanchez Ceren, President of the Republic.
Gerson Martínez, Minister of public works, transport and housing and urban development.
D. O. N ° 237 volume N ° 409 date: 23 December 2015 SV/HCP 12-02-2016 legislative index