1 Decree No. 232 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that according to the report on the global road safety situation, prepared by the United Nations, through the World Health Organization, in the year two thousand nine, injuries caused by traffic accidents are a problem of social and public health in the world causing around 3,000 deaths daily and 50 million injured per year worldwide;
II.-that the report referred to in the previous recital, in countries such as ours, traffic accidents will become the next twenty years in one of the main causes of deaths and injured, and where half of these victims are vulnerable road users, who are fully productive age, i.e., are those who contribute economically to sustain the Salvadoran family;
III.-that according to sections 32 and 65 of the Constitution of the Republic, respectively, be family fundamental basis of society, and the health of the inhabitants constitute a public good, the State and people are required to ensure its conservation and restoration;
IV.-that according to the scientific and technical studies carried out by institutions such as the United Nations, through the World Health Organization, traffic accidents can be reduced and avoided, since to develop institutions and policies necessary to develop public roads, regulate and control the conditions in which circulating motor vehicles , is develop political preventive for the decrease of such accidents, and will strengthen the system of health public;
V.-that in view of them repeated accidents of transit that occur in the country, and since is a responsibility of the State the ensure the life and the health of them victims resulting of such accidents, and taking to his base to the family, as pilar of the State Salvadoran, is makes necessary constitute an institution that allow strengthen the system of health public of the country in order to ensure attention to the victims by traffic, a financial benefit to those who are with some kind of disability or dead product of such accidents, and improve the road network and public transport service, all with the aim of reducing traffic accidents and adverse impact in terms of economic damage caused.
Therefore, 2 use of constitutional powers and at the initiative of the deputies Santiago Flores Alfaro and Guillermo Antonio Olivo and with the support of members: Othon Sigfrido Reyes Morales, Francisco Roberto Lorenzana Durán, Lorena Guadalupe Peña Mendoza, Irma Lourdes Palacios Vásquez, Francisco José Zablah Safie, Ana Marina Alvarenga Barahona, Susy Lisseth Bonilla Flores, Edmundo Yohalmo Cabrera Chacón , Dario Alejandro girls Argueta, Jose Dennis Cordova Elizondo, Jose Alvaro Cornejo Mena, standard Cristina Cornejo Amaya, Juan Manuel flowers Cornejo, Carlos Cortez Hernandez, white Noemi Coto Estrada, pink Alma Cruz sailor, Nery Arely Diaz of Rivera, César Humberto Garcia Aguilera, Jose Rinaldo manageress Villeda, Jesus large, Jose Wilfredo Guevara Diaz, standard Fidelia Guevara of Ramirios, Carlos Walter Guzman Coto, Estela Yanet Hernandez Rodriguez , José Augusto Hernández González, Hortensia Margarita López Quintana, Rodolfo Antonio Martínez, Guillermo Francisco Mata Bennett, Rafael Ricardo Morán Tobar, Yeimy Elizabett Muñoz Morán, Orestes Fredesman Ortez Andrade, Lorenzo Rivas Echeverría, Rubio Ronal Rivas Recinos, Jackeline Noemi Rivera Avalos, David Rodríguez Rivera and Sonia Margarita Rodríguez Sigüenza, DECREED the following: special law for the establishment of the Fund for attention to victims of traffic accidents subject to the law article 1.-LA present law has by object establish the framework LEGAL TO ENSURE THE FUNDS NECESSARY TO PROVIDE A FINANCIAL BENEFIT TO ANY PERSON ARISING AS A RESULT OF A TRAFFIC ACCIDENT, WITH SOME DEGREE OF DISABILITY, WHETHER TEMPORARY OR PERMANENT, OR THEIR RELATIVES, IN THE CASE THAT IS DECEASED.
ALSO AIMS TO FOSTER, ACCORDING TO THEIR AVAILABLE FINANCIAL, PROGRAMS CONTRIBUTING TO THE INCORPORATION INTO THE PRODUCTIVE LIFE OF ANY PERSON ARISING WITH SOME DEGREE OF TEMPORARY OR PERMANENT DISABILITY, AS A RESULT OF A TRAFFIC ACCIDENT AND PROMOTE EDUCATION CAMPAIGNS AND PREVENTION ROAD, IN ACCORDANCE WITH THE CONDITIONS LAID DOWN IN THIS LAW, IN ORDER TO REDUCE TRAFFIC ACCIDENTS IN A SYSTEMATIC WAY. (2) creation of the article 2 Fund-created the Fund for the attention to the victims of accidents of the road, which in later you can be termed as the FONAT, or simply the Fund, as an entity decentralized of public law, character technical, public utility, of duration indefinite and with personality and heritage itself, with full autonomy in the exercise of their functions BOTH FINANCIAL AND ADMINISTRATIVE AND BUDGET, WHICH WILL BE ATTACHED TO THE MINISTRY OF PUBLIC WORKS, TRANSPORT AND HOUSING AND URBAN DEVELOPMENT. (2) 3 powers article 3.-El FONAT, powers will be efficiently manage the resources that correspond to him, giving him strict compliance with the purposes and objectives set out in this law.
FONAT, THROUGH THE NATIONAL COUNCIL SHALL BE RESPONSIBLE SECURITY ROAD, DEVELOP AND IMPLEMENT THE MEASURES THAT ARE DETERMINED BY CORRESPONDING SCIENTIFIC TECHNICAL STUDIES, IN ORDER TO REDUCE TRAFFIC ACCIDENTS IN A SYSTEMATIC WAY. (2) definition article 4.-for the purposes of this Act, means 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 MAY REQUEST AND OBTAIN EX OFFICIO THE TEST WHICH IT DEEMS APPROPRIATE, IN ORDER TO DETERMINE INFORMING SUCH QUALITY. ((2) purposes essential article 5.-are the FONAT essential purposes: to) 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 programs or projects of institutions public that contribute to the establishment of conditions for the incorporation to it life productive of all person that is with some degree of disability, temporary or permanent, to consequence of a accident of transit;
(c) to promote, through the National Council of road safety, CONASEVI, programs and projects in matters of safety, driver education and prevention, in order prevent and decrease the accidents of transit and take statistics on such accidents; And, (d) the other that the law establishes. ((2) structure organizational article 6.-FONAT, will have a Board of Directors, which will be integrated as administration and general management by: 1-4) the Deputy Minister of transportation.
(2) a delegate of the Ministry of health.
(3) a delegate of the Development Bank of El Salvador.
(4) A DELEGATE OF THE MINISTRY OF EDUCATION. ((2) 5) a delegate of the Sub direction of transit of the police National Civil.
Those who integrate the Executive Council of the Fund cannot be delegated their functions, who with the exception of the Deputy Minister of transport, will be elected for a period of three years and may be reelected.
Each owner delegate of the Board of Directors will have their respective alternate, who replaced its owner in case of absence. The Presidency of the Board of Directors shall be exercised by the Deputy Minister of transport, who will have the same legal representation.
Appointment of the Board of Directors article 7.-the appointment of smallholders and alternate delegates from the Board of Directors will be, according to the case, by the proprietor of the portfolio in the industry that represents. The delegate owner and alternate emergency medical system, will be proposed by common agreement between the bodies that make up the National Council of medical emergencies, CONASEM.
The delegates of the Board of Directors shall accrue diets for up to a maximum of four sessions per month, the amount per session you attend will be determined in the regulation of this law, and which monthly shall not exceed twice the monthly minimum wage established for trade.
Powers of the Council Steering the FONAT article 8.-the following responsibilities of the Board of Directors of the FONAT: 1) meet and resolve LAS requests that according to the present law you made to fund;
(2) COOPERATE WITH STATE INSTITUTIONS IN THE DEVELOPMENT OF PROGRAMS, THAT HAVE AS PURPOSE ATTEND ANY PERSON RESULTING WITH SOME DEGREE OF DISABILITY AS A RESULT OF A CAR ACCIDENT, AFTER THEIR HOSPITAL CARE;
(3) RESOLVING ON THE PROGRAMMES AND PROJECTS WHICH THE CONASEVI TO SUBMIT TO THEIR KNOWLEDGE IN THE FIELD OF SECURITY, EDUCATION AND PREVENTION ROAD, TO CONTRIBUTE TO THE REDUCTION OF TRAFFIC ACCIDENTS;
(4) ESTABLISH THEM POLITICAL, PROGRAMS AND GUIDELINES GENERAL FOR 5 THE COMPLIANCE OF THE PURPOSES OF THE PRESENT LAW;
(5) TO ENSURE THAT TIMELY ENTER THE RESOURCES TO FUND YOU CORRESPOND AND EXERCISE THE CONDUCIVE ACTIONS TO DO SO.
(6) DEVELOP AND ANNUALLY APPROVING THE DRAFT BUDGET FOR EACH FINANCIAL YEAR TAX, CORRESPONDING TO REVENUES AND EXPENDITURES OF THE INSTITUTION AND ITS REFORMS, IF THE HAS;
(7) DESIGNATE TO THE AUDITOR INTERNAL AND EXTERNAL AND SECURE YOU THEIR REMUNERATION AND FEES, RESPECTIVELY;
(8) MANAGE THE REALIZATION OF AID INTERNATIONAL;
(9) MANAGE THE RESOURCES THAT ARE ASSIGNED TO IT, CREATING THE VARIOUS STRUCTURES FOR THIS ORGANIZATION AS MAY BE NECESSARY FOR ITS OPERATION, AS WELL AS THE RELEVANT TECHNICAL COMMITTEES, FOR THE EXECUTION OF THE PURPOSES SPECIFIED IN THIS LAW;
(10) APPROVE THE MEMORY OF THE WORK OF THE PREVIOUS YEAR, AND REFER IT TO THE LEGISLATURE FOR THEIR RESPECTIVE KNOWLEDGE;
(11) ENSURE THAT THE AUDITS IS PRACTICE PROMPTLY AND CORRESPOND TO THE PERIODS INDICATED;
(12) APPROVE A SYSTEM OF INFORMATION, SERVICE AND RELATIONS WITH THE USERS, THAT ALLOW TO THESE KNOW THEM 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 OVERSEE THE MANAGEMENT OF THE EXECUTIVE DIRECTOR AND THE REST OF THE STAFF OF THE FUND, THESE POWERS MAY DELEGATE TO THE CHAIRMAN OF THE BOARD OF DIRECTORS;
(14) PURCHASED AND HIRING RESOURCES, GOODS AND SERVICES REQUIRED FOR THE FULFILMENT OF ITS PURPOSES;
(15) AUTHORIZE THE OPENING OF ACCOUNTS CURRENT 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;
(17-6) 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;
AND 19) EXERCISE THE OTHER POWERS TO ESTABLISH THIS LAW AND WHICH ARE NOT EXPRESSLY ASSIGNED TO ANOTHER AGENCY OR OFFICIAL. (2) session article 9.-the Board of Directors will meet in ordinary session at least once every week, on the day and time that the Board of Directors determine; and extraordinarily, whenever convened it its President, or at the request of two or more delegates owners, and must do so in writing specifying the session object. Is will require the concurrence of the half more one of them members of the Council Steering so this can celebrate session, and most of votes to adopt decisions.
In the case of excuse, absence or impediment of the President, shall preside over the session owner delegate others designated by majority vote.
Article 10.-the proceedings of the meetings expressed the number of order, date and place where held the session, names and surnames of the delegates who attend each session and the resolutions adopted. They must be signed by everyone entitled to vote who attend each session, and if anyone refuses to comply with this requirement, do not conform to the ruling, shall be recorded in the minutes this circumstance, pointing out the reasons underlying the differences.
In any case, the minutes shall be signed by the members of the Board of Directors, so that they can be taken as valid.
The preparation and receipt of the minutes of the Board of Directors will be in charge of the Secretary or Secretary of that Council, who must be older than thirty years of age, lawyer and notary, of recognized honorability, in full enjoyment of their rights of the citizen, who must attend all sessions that are carried out and shall have the functions you expressly determined by the Board of Directors.
Presidency article 11.-Deputy Minister of transport, in his capacity as Chairman of the Board of Directors shall have the following functions: to) convene, through the Executive Director, to ordinary or extraordinary sessions, the members of the Board of Directors.
(b) preside over meetings of the Board of Directors and guide its discussions and deliberations.
(7 c) review and study bills of special budget and salaries Act, balance sheets, reports, pictures, States and memories, and submit them for the consideration of the Board of Directors.
(d) subject to the decision of the Board of Directors matters within the competence of this and report on compliance with them.
(e) inform the Executive Director and the rest of the junior staff, instructions, observations or recommendations as it deems necessary for the operation of the Fund.
(f) organize addresses and units of the Fund, for the smooth running of the Administration, in accordance with the laws, regulations and instructions of the Board of Directors.
((g) repealed (2) h) represent administrative, judicial and out-of-court to the Fund, and may appoint attorneys who act as his delegate, prior authorisation of the Board of Directors.
(i) make the necessary recommendations on rules and procedures to follow for the Organization and development of the purposes of the Fund.
j) transfer, license and correct disciplinary staff of the Fund, and k) all those that expressly delegated you the Board of Directors.
Executive article 12.-the Executive Directorate, will be the agency responsible for the administration of the FONAT and the elaboration and implementation of plans, projects and programmes approved by the Board of Directors, as well as guidelines that tell you the President of the Fund in accordance with its powers.
As well as the Secretary of the Board, the Executive Director shall be appointed by half plus one of the members of the Council. Both the position of Executive Director, Secretary of the Board of Directors and responsible for addresses and headquarters, for legal purposes, are considered to be positions of trust.
Functions of the address Executive article 13.-are attributions of the Executive: to) propose to the Board of Directors, administrative measures, plans, programs and projects, for the better operation of the Fund;
8 b) propose to the Board the creation of special commissions, for the knowledge and opinion on specific problems of the Fund;
(c) implement administrative measures, plans, programs and projects approved by the Board of Directors;
d) propose to the Board of Directors for approval, instructions for the effective implementation of the purposes of this Act;
(e) resolve requests on issues within its competence in accordance with the present law;
(f) ensure the delivery of provision economic corresponding to the beneficiaries to which is concerns the article 20 of this law); ((2) g) drawing up the annual report of the FONAT and present to the Board of Directors the balance sheets and financial statements;
(h) repealed (2); and i) all those other attributes that expressly delegated you the Board of directors or the President of the Fund.
Heritage Art.14-shall consist of the assets of the FONAT by: to) transfer of resources that annually is specifically set out in the GENERAL budget of the State in favor of the FONAT.
b) contributions extraordinary that by any concept you give the State.
(c) INHERITANCES, LEGACIES and donations national or foreign, DESTINED to the achievement of the objectives of the Fund.
(d) the goods and CHATTELS, real estate and securities acquired to any title to the home of their functions or during your operation); And, e) donations from international agencies.
RESOURCES INTENDED TO FINANCE THE ADMINISTRATIVE EXPENSES OF THE FUND, SHALL NOT EXCEED FIFTEEN PER CENT OF THE TOTAL PROCEEDS IN ACCORDANCE WITH THE PRESENT LAW YOU CORRESPOND TO ADMINISTER, WHICH MUST BE SUBJECT TO THE APPROVAL OF THE BOARD OF DIRECTORS. (2) financing 9 (2) article 15.-each year, should be included in the law on the GENERAL State budget for the following year FISCAL, 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, TAXES ON THE BASIS OF THE LAW ON ROAD TRANSPORT, TRANSIT AND ROAD SAFETY. (2) transfer of funds (2) article 16.-funds referred to in the preceding article, shall be submitted monthly to the FONAT by Ministry of finance. ((2) transfer of funds article 17.-revenue generated from the special tax referred to in article 15 of this law, the Ministry of Finance shall distribute them monthly, in proportion and the following public bodies: to) thirty-five per cent to the Ministry of health; and (b) sixty-five per cent for the FONAT.
Revenues which, in application of the present rules, perceive institutions before related, should be allocated for the fulfilment of the aims and objectives set out in this law.
(In this sense, the income according to the literal b), of this article move it to FONAT, this must be allocated to the fulfilment of the aims and objectives specified in this Act, according to the following percentages: to) twenty-five per cent, for chatarizacion projects;
b) seven percent for the national road safety Council; and (c) three percent for insurance of the Fund, to cover the increase in accidents;
The rest of the income of the Fund, must be destined for the payment of compensation and
administered expenses according to the provisions of this law. The Executive Council of the Fund shall take the measures necessary to ensure the existence of resources should be increased economic benefits, by the increase in traffic accidents.
* DECLARED unconstitutional 10 ban article 18.-the Vice-Ministry of transport not issued card of circulation any or will allow the circulation of vehicles whose owners, holders or forks legitimate not have cancelled timely it contribution special set in the present law.
The replacement of a card of circulation not will generate a new payment of the contribution special, whenever of have been cancelled previously, still not has concluded its validity. The provisions of the preceding paragraph shall also apply in the event that a motor vehicle was subject of transfer and special contribution cancelled in turn was still valid. * DECLARED unconstitutional Base tax article 19.-the tax base of the special contribution for each vehicle which forms the vehicle fleet in the country, as well as vehicles with foreign plates that enter the country, will be determined in the regulations under this law; for which should be taken into account statistics on accidents in the country to provide the relevant institutions or timely borne by the Fund itself, as well as the kind of vehicle, year, capacity, type of service provided, if this the case, motorbikes and other characteristics which will need to provide the Vice Ministry of transportation on motor vehicles.
The amounts established shall ensure the sustainability of the Fund at the time. In any case, the tax base of the annual to cover special contribution shall not be less than thirty-five dollars nor more than two hundred and fifty dollars, both of the United States of America. The special contribution to be determined in accordance with this article shall be reviewed at least every two years, taking into account the parameters laid down in the present law, as well as indices of accidents in terms of traffic accidents. * DECLARED unconstitutional beneficiaries (2) article 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.
ALSO, IS CONSIDERED TO BE 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: 1 ° THE CHILDREN AND SPOUSE, OR IN HIS CASE, THE PARTNER OF THE VICTIM;
2° THE FATHER AND THE MOTHER OF THE VICTIM;
3 ° THE GRANDPARENTS AND OTHER PARENT OF THE VICTIM;
11 4TH THE BROTHERS OF THE VICTIM; AND, 5° NEPHEWS AND UNCLES OF THE VICTIM.
PERSONS LISTED IN THE PREVIOUS ORDINALS, WILL PREFER A FEW OTHERS IN THE ORDER OF THEIR NUMBERING, SO THAT ONLY IN THE ABSENCE OF THE CALLS IN THE PREVIOUS ORDINAL, WILL ENTER THE DESIGNATED ORDINAL THAT FOLLOW, AND MUST DIVIDE YOU THE ECONOMIC BENEFITS THAT ARE GRANTED TO THEM, EQUALLY AMONG PEOPLE WITHIN EACH ORDINAL. (1) (2) of the requests (2) article 21.-persons described in the ordinals of the second paragraph of the preceding article, shall have a period of six months counted starting of the traffic accident, to submit the corresponding application upon the death of their relative.
THE VICTIMS RESULTING WITH SOME DEGREE OF TEMPORARY OR PERMANENT DISABILITY, HAVE THE PERIOD OF SIX MONTHS TO SUBMIT THE CORRESPONDING APPLICATION, FROM THE DATE OF THE TRAFFIC ACCIDENT; IF THE VICTIM, AS A RESULT OF THE INJURY THAT OCCURRED IN A TRAFFIC ACCIDENT, NOT COULD SUBMIT THE APPLICATION WITHIN THE PERIOD BEFORE POINTED OUT, ANY OF THE RELATIVES TO THAT REFERRED TO IN THE PRECEDING ARTICLE MAY SUBMIT IT.
WHEN A VICTIM, AS A RESULT OF INJURIES CAUSED IN A TRAFFIC ACCIDENT DIED SUBSEQUENTLY TO THIS MISHAP, THE PERIOD REFERRED TO IN SUBPARAGRAPH FIRST OF THIS ARTICLE IT SHALL RUN FROM THE DATE OF SUCH DEATH.
THE TIME PERIODS MENTIONED IN THIS ARTICLE, WITHOUT THAT PERSONS FORMERLY CONCERNED SUBMITTED THE CORRESPONDING REQUEST, THEY LOSE THE RIGHT TO CLAIM THE BENEFITS LAID DOWN IN THE PRESENT LAW UNLESS UNFORESEEN CIRCUMSTANCES OR FORCE MAJEURE, WHICH MUST BE IN LEGAL FORM.
IN THE REGULATIONS UNDER THIS LAW SHALL BE DETERMINED THE REQUIREMENTS AND OTHER FORMALITIES THAT WHO MUST BE OFFERED IN ACCORDANCE WITH THIS LAW, ARE ENTITLED TO THE BENEFITS OF THE FUND. ((2) exclusions article 22.-shall be excluded from the economic benefits established in this law: to) the deaths to drivers and occupants in racing cars and other motor vehicles competitions, whether they are legal or illegal.
(b) legally proven suicide and/or the Commission of auto injuries inflicted using a motor vehicle.
(12 c) all action fraudulent aimed to produce injury or death to get the benefits referred to in the present law.
(d) those drivers that intoxicated or under the influence of narcotic substances, ocasionaren the traffic accident.
Not be excluded of the benefits set out in this law persons witnessing races referred to in subparagraph a), of this article, are dead or with some degree of disability, resulting from a traffic accident.
Amount of compensation article 23. -THE AMOUNT OF ECONOMIC BENEFIT TO COVER THE BOTTOM, WILL BE ONLY ONCE AND THE SUM OF TWO THOUSAND DOLLARS OF THE UNITED STATES OF AMERICA, BY 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 WILL BE EFFECTED BY A SINGLE PAYMENT AND ONLY ONCE, WHICH MAY NOT EXCEED TO ONE THOUSAND TWO HUNDRED DOLLARS FROM UNITED STATES OF AMERICA, ACCORDING TO THE DEGREE OF TEMPORARY OR PERMANENT DISABILITY WITH 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. (2) National Civil Police article 24.-for statistical and traffic CONTROL effects, as well as for the payment of corresponding benefits, the national police CIVIL will be obliged to refer to the FONAT, certification of records raised in all traffic accident, and must attach with such act the information each MISHAP, especially the identity of victim-related 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. (2) on the lifting of the proceedings that the National Civil Police prepare in all traffic accident, you must identify precisely people injured or killed as a result of these accidents. In this sense, the National Civil Police to design the mechanisms needed to meet this mandate, in order to determine that indeed a victim is resulting from a traffic accident, especially of those who are unaware the vehicle causing such accidents.
In accordance with the preceding paragraph, the President of the Steering Council of the Fund shall take appropriate administrative measures in order to protect against fraud, the Fund's assets.
13 collection of the contribution special Art. 25.-the contribution special to is concerns the present law, will be collected by means of them respective collections of the service of Treasury of the Ministry of Hacienda, or in the form that this expressly determine.
Similarly, the Ministry of finance will establish the necessary administrative systems for the collection of the special contribution, especially to vehicles with foreign plates that enter the country. The funds receiving the Ministry of finance, in accordance with the implementation of this law will be pertaining to the aims and objectives set out in this, therefore the Ministry will be obliged to deposit them at the institutions and in the proportion laid down in article 17 of this law. * DECLARED unconstitutional article 26.-reservations repealed (2) Court of accounts article 27.-the Court of accounts of the Republic must practice, within its legal powers, the audits pertaining to operations resulting from the implementation of this law.
Audit article 28.-the Fund will have financial controls that are necessary to ensure the proper use of the resources that constitute their heritage, for which purpose will feature an internal audit as well as the external, which will be named by the Board of Directors, and may attend the Executive Director when so determined by the President of the Fund. The Fund will be subject to an annual external audit its financial statements, performed by a specialized firm hired according to the relevant regulations.
Prohibition of expedition
Article 29.-in any case, offices and administrative offices of the Vice-Ministry of transport, and especially the public registry of motor vehicles, extend any document in relation to a motor vehicle registered in it, while not previously checked the validity of the special contribution to that referred to in this law, through the respective card from circulation. * DECLARED unconstitutional obligation to denounce article 30.-El FONAT, through its Chairman, to find signs of alteration or misrepresentation in the information or documentation submitted by those who request or receive any sum of money pursuant to this Act, you must report such facts to the Attorney General of the Republic so exercise the corresponding criminal proceedings. It designated in the subsection above, is means 14 without prejudice of the Faculty of the Fund of promote them actions administrative necessary for recover what is has paid to consequence of such alteration or falsehood.
Article 31.-the Judicial claim payment carried out economic benefits by FONAT, pursuant to the provisions of this law, it shall not prevent the victim or his heirs pursue via judicial or extrajudicial, to the responsible for a traffic accident, or forced others, payment of damages deemed not have been covered by the economic benefits that the FONAT has given him.
Without prejudice to the provisions of the preceding paragraph, the extra-contractual civil liability of the originator of a traffic accident to his victim or victims, shall terminate until the limit of the amounts that as economic benefits gives the FONAT each victim, making it responsible for the traffic accident may ask the FONAT certifications corresponding to effect of invoking the total or partial exception of payment , as appropriate.
Function compensation article 32.-the economic benefits that according to this law the FONAT, meet a compensation function, so that at no time shall constitute a source of enrichment. The violation of the provisions of the present article shall be punished in accordance with criminal law.
National Council of road safety article 33.-the programs technical scientists who in security, education and road prevention, to develop, in order to prevent and reduce traffic accidents, will be implemented by the National Council for road safety, CONASEVI, which will be attached to the FONAT and will be chaired by the Deputy Minister of transport or who this expressly delegated.
PROGRAMMES REFERRED TO IN THE PRECEDING PARAGRAPH, SHALL BE PREVIOUSLY APPROVED BY THE BOARD OF DIRECTORS OF THE FUND, WHICH, IT MUST BE AT LEAST A 10% INCOME THAT IT RECEIVES ANNUALLY. (2) costs of Foundation article 34.-insofar as no appropriation corresponding budget line, State will facilitate FONAT, through the special activities of the Ministry of public works, transport, housing and urban development, the resources needed to cover the costs of its foundation and organization.
Article 35.-the special character this law is of a special nature and shall prevail over any provision that counteract it.
15 abstention of detention article 36.-the national CIVIL police must refrain from stopping drivers involved in a traffic accident in which personal damage, when these 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 VICTIM RESULTING FROM EACH ACCIDENT, WARNING THEM OF THE OBLIGATION TO SUBMIT TO THE CORRESPONDING COURT, WHEN SO REQUIRED THEM.
(IT WILLING IN THE SUBSECTION PREVIOUS NOT WILL HAVE APPLICATION WHEN: 1) THE RESPONSIBLE OF THE ACCIDENT OF TRANSIT IS LESS OF AGE AND LACK OF LICENSE OF DRIVING;
(2) THE OR THE RESPONSIBLE OF THE ACCIDENT NOT HAVE LICENSE OF LEAD, OR INADEQUATE TO THE CAPACITY OR TYPE OF VEHICLE INVOLVED IN THE ACCIDENT; AND, 3) RESPONSIBLE OR RESPONSIBLE FOR THE TRAFFIC ACCIDENT IS FOUND UNDER THE INFLUENCE OF INTOXICANTS OR DRUGS.
VEHICLES INVOLVED IN A TRAFFIC ACCIDENT, SHALL BE RETURNED TO THEIR OWNERS OR OWNERS THE SAME DAY OF THE ACCIDENT, WHATEVER THE RESPONSIBILITY THAT THEY HAVE IN THAT CAR ACCIDENT, WITHOUT ANY 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 ART.
118 OF THE LAW OF TRANSPORT LAND, TRANSIT AND EXTENDING ROAD. (2) Regulation Art. 37.-a regulation special dictated by the President of the Republic, will develop them procedures, mechanisms and requirements set in the present law, which must issue is to more take within them thirty days following, numbered starting from its validity.
REPEALED (2) Derogatorias article 38.-repeal of the literal h), article 1, as well as the articles 110, 111, 112, 113, 114 and 126, all ground transportation, transit and road safety act.
Article 39.-the force this Decree shall enter into force ninety days after its publication in the official journal.
16 die in the Blue Hall of the PALACIO LEGISLATIVO: San Salvador, fourteen days after the month of December of the year two thousand twelve.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ALBERTO ARMANDO ROMERO RODRÍGUEZ, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSE FRANCISCO MERINO LÓPEZ, FRANCISCO ROBERTO LORENZANA DURÁN, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
ROBERTO JOSÉ d'AUBUISSON, fifth Vice President.
LORRAINE GUADALUPE PENA MENDOZA, CARMEN ELENA CALDERÓN SOL STEP, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA PALACIOS LOURDES VASQUEZ, MARGARITA ESCOBAR, FIFTH SECRETARY. SIXTH SECRETARIAT.
FRANCISCO JOSE ZABLAH SAFIE, REYNALDO ANTONIO LÓPEZ CARDOZA, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, fourteen days after the month of January of the year two thousand thirteen.
Publish, Carlos Mauricio Funes Cartagena, President of the Republic.
Gerson Martínez, Minister of public works, transport and housing and urban development.
D. OR. No. 8 volume no. 398 date: January 14, 2013 SV/ielp 31-01-2013 17 reforms: (1) D. L. No. 405, on June 26, 2013; D. O. NO. 125, T. 400, JULY 9, 2013.
(2) D. L. NO. 232, 16 DECEMBER 2015; D. O. NO. 237, T. 409, 23 DECEMBER 2015.
UNCONSTITUTIONAL: * the Constitutional Division of the Supreme Court of Justice, through resolution No. 63-2013, published in no. D.O. 40, T. 402, 28-02-2014, DECLARES UNCONSTITUTIONAL 15 ARTICLE BY VIOLATING THE PRINCIPLE OF TAX EQUITY IN ITS REALIZATION OF ECONOMIC CAPACITY CONTAINED IN ARTICLE 131 ORD. 6 ° CN; ARTICLE 19 THE ALLEGED INFRINGEMENT TO THE PRINCIPLE OF RESERVATION OF LAW IN TAX MATTERS CONTAINED IN ARTICLE 131 ORD. 6 ° CN; AND BY CONNECTING THE ARTS. 14 letter to), 16, 17, 18, 20, 25 and 29. (JQ/20/03/14) BY D. L. 232 - 2015, is reforming the articles 14 letter to), 16 and 20, which HABIAN been declared unconstitutional by judgement 63-2013 (SP/22/02/2016) JCH 29/07/13 JQ 20/03/14 16/02/16 SV legislative index