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).

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

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DECREE NO 232

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That by Legislative Decree No. 232 dated December 14, 2012, published in Official Journal No. 8 Volume No. 398 of 14 January 2013, the

Law for the Constitution of the Fund was issued for the Attention to Victims of Traffic Accidents, for which the Fund for the Attention of Victims of Traffic accidents, FONAT, which aims to

ensure resources to deal with victims of traffic accidents.

II.-That by virtue of the Statement of Inconstitutionality issued by the

of the

Constitutional Court of the Supreme Court of Justice, dated February 7, 2014, related to the process of unconstitutionality No. 63-2013, a series of provisions of the Law pointed out in the

were declared unconstitutional. (a) the operation of the FONAT, in particular in relation to the purposes and its source of the

III.-That in the past, it is necessary to issue the corresponding reforms to the

Special Law for the Constitution of the Fund for the Attention to Victims of Traffic Accidents, to regularize and Viabilize its functioning; as well as reforming a number of provisions of the Act, which facilitate access by the

victims of traffic accidents to the benefits of the Fund.

BY TANTO,

in use of its Constitutional powers and Initiative of the President of the Republic through the Minister of Public Works, Transport and Housing and Urban Development.

DECRETA the following:

REFORMS TO THE SPECIAL LAW FOR THE CONSTITUTION OF THE FUND FOR VICTIMS OF TRAFFIC ACCIDENTS

Art. 1.-Reform the Art.1, as follows:

Object of Law

Art. 1. This Law is intended to establish the legal framework that guarantees the funds

necessary to grant an economic benefit to everyone who, as a result of a traffic accident, is with some degree of disability, be temporary or permanent, or to your relatives, in the event that is deceased.

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Also, it aims to promote, according to its financial availability, programs that contribute to the incorporation into the productive life of any person with a degree of

temporary or permanent disability, as a result of a traffic accident and to promote education and road prevention campaigns, in accordance with with the conditions laid down in this Law, with the aim of reducing in form (a) systematic traffic accidents. "

Art. 2.-Reform Art. 2 as follows:

Creating the Fund

Art. 2. -Create the Fund for the Attention to Victims of Traffic Accidents, which in

can be referred to as the FONAT, or simply the FUND, as a decentralized entity of public law, of a technical nature, of public utility, of indefinite duration and with personality and own patrimony, with full autonomy in the exercise of its functions, both financially and

in administrative and budgetary, which will be attached to the Ministry of Public Works, Transportation and Housing and Urban Development. "

Art. 3.-Substitute in Art. 3 the second paragraph, as follows:

" Correspond to the FONAT, through the National Road Safety Council, develop and implement the measures to be determined, through scientific technical studies for the purpose

to systematically reduce traffic accidents. "

Art. 4.-Reform Art. 4 as follows:

Definition

Art. 4. -For the purposes of this Law, a victim shall be deemed to be a person, whether a driver, a passenger or a pedestrian, who, as a result of a traffic accident, is deceased or has a disability, temporary or permanent, whether or not

a person has a doubt as to whether or not a person has the quality of a victim of an accident of transit, the FONAT may request and obtain the evidence which it considers appropriate, at the end of the to determine in a manner such quality. "

Art. 5.-Reform Art. 5, as follows:

Essential Purposes

Art. 5.-They are essential purposes of the FONAT:

a) Deliver an economic benefit, for one time, to any person who, the product of a traffic accident, is declared with some degree of disability, or to his/her

relatives, in the event that be deceased;

b) Promote programs or projects of public institutions that contribute to the establishment of conditions for the incorporation into the productive life of every person

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resulting in some degree of disability, temporary or permanent, as a result of a traffic accident;

c) Encourage, through the National Road Safety Council, CONASEVI, programs and projects in the field of safety, education and road prevention, in order to prevent and

to reduce traffic and lead accidents statistics on such accidents; and,

d) Other than the Law establishes. "

Art. 6.-Reform in Art. 6, number 4), as follows:

"4) A delegate from the Ministry of Education."

Art. 7.-Reform of Art. 8, as follows:

"PRIVILEGES OF THE FONAT Board of Directors

Art. 8.-They are the privileges of the FONAT Board of Directors:

1) Understand and resolve applications under this Law to be made to the Fund;

2) Collaborate with State institutions in the development of programs, which have the aim to care for any person with a degree of disability as a result of a traffic accident, after their care

hospital;

3) Solve on the programs and projects that CONASEVI submits to its

knowledge in the field of safety, education and road prevention, contributing to the reduction of traffic accidents;

4) Establish policies, programs and general guidelines for the fulfillment of the purposes of this Law;

5) Velar because they timely enter into the Fund the resources that correspond to it and exercise the actions leading to this;

6) Develop and approve annually the draft budget for each fiscal financial year, corresponding to the institution's revenue and expenditure and its reforms, if any;

7) Internal and External Auditor and set your remuneration and fees, respectively;

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8) Manage international aid concretion;

9) Manage resources that are assigned to them, creating for this the various organizational structures that are necessary for their operation, as well as the corresponding technical commissions, for the execution of the purposes

determined in this Law;

10) Approve the work memory of the previous year and refer it to the Assembly

Legislative for their respective knowledge;

11) Ensuring that audits are timely and appropriate to the

periods indicated;

12) Approving a system of information, service and relationships with the users, who

allows these to know the activities and programs developed with the resources of the Fund;

13) Name, 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 to assign to them their remuneration, as well as to supervise the management of the Executive Director and the rest of the Fund's staff, who will be able to delegate

to the Chairman of the Board of Directors;

14) Acquire and hire the resources, goods and services necessary for the

compliance with their purposes;

15) Authorize the opening of current accounts in banks of the financial system;

16) Develop the draft regulation of this Law, and submit it to the knowledge and approval of the President of the Republic;

17) To hire consultancy, consultancy and other services that are necessary, for the realization and execution of plans and projects related to the purposes of the

Fund;

18) Promote and subscribe to agreements for the fulfillment of their purposes; and,

19) Exercise the other privileges established by this Law and that are not expressly assigned to another body or official. "

Art. 8.-Reform in Art. 13, the literal f), as follows:

"f) Ensure the delivery of the economic benefit corresponding to the beneficiaries referred to in Article 20 of this Law."

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Art. 9.-Reform Art. 14, as follows:

Heritage

Art. 14. -The wealth of the FONAT will be constituted by:

a) The transfers of resources that are recorded annually in the General Budget of the State in favor of the FONAT;

b) Extraordinary amounts that for any concept the Status;

c) Inheritance, legacies, and national or foreign donations, intended to achieve the objectives of the Fund;

d) The movable, immovable and securities acquired at any time at the beginning of their duties or during their operation; and,

e) International body donations.

Resources intended to finance the Fund's administrative expenditure, may not exceed 15% of the total revenue under this Law to be administered by the Fund,

which shall be subject to the approval of the Council Manager. "

Art. 10.-Enter Art. 15, as follows:

Financing

Art. 15. Each year, the General Budget Law of the State shall be included for the following fiscal year, the funds intended to finance the provisions of this Law; in no case shall they exceed fifty percent of the the revenue received in respect of fines and interest,

taxes due to the Land Transport, Transit and Road Safety Act. "

Art. 11.-Check in Art. 16, as follows:

Transfer of Funds

Art. 16.-The funds referred to in the previous article shall be referred monthly to the FONAT by the Ministry of Finance. "

Art. 12.-Enter Art. 20, as follows:

Beneficiaries

Art. 20.-For the purposes of this Law, persons who, as a result of a traffic accident, are considered to be beneficiaries with some degree of disability, temporary or permanent.

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Likewise, they are considered to be beneficiaries of the economic benefits established in this Law, in the case of the death of a victim as a result of a traffic accident, the following

persons:

1 ° The children and the spouse, or in their case, the victim's or the victim's survivor;

2 ° The father and mother of the victim victim;

3 ° The grandparents and other ancestors of the victim;

4 ° The brothers of the victim; and,

5 ° The nephews and the uncles of the victim.

The persons listed in the previous ordinals, will prefer one another by the order of their numbering, so that only in the absence of the calls in the previous ordinal, shall enter those designated in the ordinal that follow, and shall divide the economic benefits granted to them by parties

equal to the persons in each ordinal. "

Art. 13.-Reform Art. 21, as follows:

Of Requests

Art. 21.-The persons described in the ordinal of the second indent of the previous article, will have

a period of six months from the accident of transit, to present the corresponding request for the death of their (a) a relative.

Victims resulting in a temporary or permanent disability shall have a period of six months to submit the corresponding application, counted from the date of the accident of transit; if the victim, as a result of injuries in a traffic accident,

could not submit the application within the prescribed time limit, may be submitted by any of the relatives referred to in the previous article.

When a victim, as a result of injuries caused by a traffic accident, has passed away thereafter, the period referred to in the first indent of this Article shall be counted from the date of such death.

Due to the time limits specified in this Article, without the persons referred to above they have submitted the relevant application, they shall lose the right to claim the benefits

established in this Law except fortuitous case or force majeure, which they will have to check in legal form.

In the regulation of this Law the requirements and other formalities that must be fulfilled will be determined in accordance with this Law, they are entitled to the benefits of the Fund. "

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Art. 14.-Reform Art. 23, for the following:

Compensation for Compensation

Art. 23. -The amount of the economic benefit to be covered by the Fund, will be for one time and up to

the sum of TWO THOUSAND DOLLARS FROM THE UNITED STATES OF AMERICA, for the deceased, plus the sum of FIVE HUNDRED DOLLARS FROM THE UNITED STATES OF AMERICA, for funeral expenses.

The economic benefit that pursuant to the second paragraph of Article 21 of this Law must be covered, shall be made by means of a single payment and only once, which shall not exceed a THOUSAND TWO HUNDRED U.S. DOLLARS OF AMERICA, according to the degree of

temporary or permanent disability resulting from a victim of a traffic accident. The degree of disability and the economic percentage with which each of them must be covered will be determined in the regulation of this Law. "

Art. 15.-Reform the first paragraph of Art. 24, as follows:

" Art. 24. For statistical purposes and control of traffic accidents, as well as for the payment of the corresponding benefits, the National Civil Police will be obliged to refer to the FONAT, certification of the minutes raised in any accident of transit, and must attach to it all information relating to each mishap, in particular the identity of the victim, injured or deceased,

resulting from such an accident. The various public health institutions, including the Salvadoran Social Security Institute, must document and report on the attention of any traffic accident victim who may be the beneficiary of the Fund. "

Art. 16.-Reform the second paragraph of Art. 33, as follows:

" The programs referred to in the preceding paragraph shall be approved by the Fund's Board of Directors, for which, at least 10% of the income that you receive annually. "

Art. 17.-Reform Art. 36, as follows:

Abstention from Detention

Art. 36.-The National Civil Police must refrain from detaining the drivers involved

in a traffic accident in which there is personal injury, when they remain in the place of said mishap. In these cases, the National Civil Police will have to carry out the appropriate measures, identifying each driver and victim resulting from each accident, warning them of the

obligation to report to the Tribunal.

The provisions of the foregoing paragraph shall not apply when:

1) The person responsible for the traffic accident is a minor and is not licensed to drive;

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2) The or those responsible for the accident do not have a driver's license, or are inadequate to the capacity or type of vehicle involved in the accident; and,

3) The person responsible for or responsible for the traffic accident is under the influence of drunken drinks or drugs.

The vehicles involved in an accident transit, must be returned to their owners or owners on the same day of the accident, whatever responsibility they have in such a

traffic accident, without further processing or due diligence and once the necessary police actions are necessary at the time of the accident, except in the cases referred to in the Article 118 of the Law on Land Transport, Transit and Road Safety. "

Art. 18.-Article 11 (g), literal (h) of Article 13, Article 26 and Article 37 (2), second subparagraph, Article 37.

Art. 19.-This Decree shall enter into force on one of January of two thousand sixteen, after publication in the Official Journal.

GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the sixteen days of the month of December of the year two Fifteen.

LORENA GUADALUPE PEÑA MENDOZA, PRESIDENT.

GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALMASEZ DE ESCOBAR, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.

JOSÉ SERAFIN ORANTES RODRÍGUEZ, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE-PRESIDENT.

SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.

GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.

MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LÓPEZ CARDOZA,

THIRD SECRETARY. FOURTH SECRETARY.

JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.

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ABILIO ORESTES RODRÍGUEZ MENJÍVAR, JOSÉ FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.

CASA PRESIDENTIAL: San Salvador, at the twenty-three days of December of the year two thousand fifteen.

PUBESQUIESE,

Salvador Sánchez Cerén, President of the Republic.

Gerson Martínez, Minister of Public Works, Transportation and Housing and Urban Development.

D. O. N ° 237 Tomo N ° 409

Date: 23 December 2015

SV/pch 12-02-2016

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