DECREE No. 41 THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
I.- by Legislative Decree No. 477, dated October 19, 1995, published in the Official Gazette No. 212, Volume No. 329, dated November 16 of the same year, the Law on Land Transportation, Traffic and Road Safety was issued, through which the Public Registry of Motor Vehicles is created, and the identification requirements such railcars must meet for registration in the Register.
II.- by Legislative Decree No. 15 dated 31 May this year, published in the Official Gazette No. 115, Volume 395 of 22 June 2012, Transitory Provisions were issued, by which the owners or owners of motor vehicles that did not renew the license plates and circulation, have a period of ninety days from the effective date of this decree, to renew or endorse documents circulation, except those vehicles having lawsuits or problems legal pending.
III precisely, litigation or pending legal problems resolution to the preceding paragraph, I have a direct relationship with more than 15,000 owners of motor vehicles who could not make the change effective plaque due that as a result of collisions or other causes, the identification numbers of their vehicles, are deteriorated, causing this situation difficulties for registration thereof in the Public Registry of vehicles.
IV.- That in order to provide a solution to the issues raised above, it becomes necessary, issue appropriate regulations to establish the procedure to follow, to the Vice Ministry of Transport, to authorize redialing the identifying series automotive and thereby delivering relevant documents circulation, thereby benefiting a large number of owners and holders of their motor vehicles.
in exercise of its constitutional powers and initiative of Deputies: Rigoberto Soto Manuel Lazo, Sonia Margarita Rodríguez Siguenza and Antonio Olivo Guillermo Mendez;
DECREES the following LAW
VEHICLE IDENTIFICATION OF SERIAL
2 CHAPTER I SCOPE OF THE LAW
Art Object of the Act. 1. This Act is to establish the regulatory framework to fulfill those owners of motor vehicles having lost, damaged, or are deteriorating been altered in any of its identifying major series, is from his redialing, in cases form and manner established by this Law.
Art redialing. 2. For the purposes of this Act, redialing is the administrative act by which the Vice Ministry of Transport, through the Directorate General of Traffic orders or proceed to incorporate one or more identifying major series in a vehicle, for missing the same or be incomplete or damaged, or deterioration process, and serve to individualize the other vehicles that make up the vehicle fleet in the country.
The regulation of this law, will determine the form, content, scope and modalities for carrying out the physical act of redialing, and the mechanisms necessary for the determination and subsequent redialing, the identifying series of a motor vehicle . Regulation
Art. 3. In this law are regulated:
a) Minimum series identification must contain any motor vehicle as well as the parts of this that such series be incorporated, which will be fixed in the Regulations of this Act ; and
b) The procedure to be followed by every owner of motor vehicle, having lost, damaged, or are deteriorating been altered in one or more of its identifying series is from your redialing.
CHAPTER II SUBJECTS OF LAW
Government Entities Art. 4. Government institutions involved in the process of rebranding of the identifying series of a motor vehicle, in the cases provided in this Act, are:
a) The Vice Ministry of Transport, hereinafter the VMT;
B) The Directorate General of Traffic, the Vice Ministry of Transportation, or just the Directorate; and
c) The National Civil Police, through the Technical and Scientific Police Division, hereinafter the DPTC. Subjects
Art. 5. They will be subject to the obligations and procedures laid down in this Act:
A) natural or legal persons being owners of a motor vehicle, it lacks one or more identifying series or the same are damaged or deterioration process; and
b) All those natural or legal persons, possession of a motor vehicle, for lack of determination of one or more major series, can not register the vehicle in the Public Registry of Motor Vehicles. CHAPTER III RESTORATION
SERIES Series identifying
identifying Art. 6. The primary series or principal minimum identifying with which a motor vehicle must have are:
a) VIN number,
b) chassis number engraved
c) Number of motor.
The Regulations of this Law form and vehicle parts to be incorporated in each distinct series, especially the VIN number, to fully identify each vehicle, its engine and other parts will be determined it is composed. These regulations the content of the series to restore should also regulate specifically.
Origin Art. 7. The redialing identifying one or more series proceed only in the following cases:
a) When identifying missing one or more series in a motor vehicle;
B) damage or deterioration due to undergoing identifying one or more series, a result of normal use of the vehicle, over time or by weather conditions in which has been circulating a motor vehicle;
C) In case of accident or other similar event; and
d) In cases where a vehicle being subjected to prosecution due to lack of alteration or any of its series, its owners obtain final favorable decision on the ownership of such property.
In any case, a redialing always proceed that there is no duplication in the identifying series of a vehicle and that preclude its registration in the Public Registry of Motor Vehicles. Irrelevance
Art. 8. There shall be no redialing the identifying series:
a) When final judgment by the competent court, not the ownership and legal origin of the vehicle or the full identification thereof is determined;
B) When the vehicle concerned, be reported as stolen or theft, unless the request redialing the person who was the subject of robbery or theft, having recovered the vehicle legally; and
c) In cases reports or indications of the illicit origin of the vehicle in question are taken. CHAPTER IV PROCEDURE
Application Art. 9. Any person holder of a motor vehicle that lacks one or more identifying, or find them damaged or deterioration process major series, either in the engine, chassis or body may, by itself or through Proxy, submit an application to the Directorate General of Traffic, in order to proceed to highlight such main series, in the manner provided in this Act, and after completion of the expertise that purpose should practice DPTC.
The formalities and requirements that must comply with the request mentioned in the preceding paragraph shall be determined in the regulations of this law.
Favorable resolution Art. 10. Submittals it by the DPTC, certification of technical expertise practiced, the Directorate General of Traffic, made after the technical and legal analysis relevant, issue resolution within ten working days, ordering redialing the identifying series in the vehicle in question, where appropriate, for subsequent inclusion in the Public Registry of Motor Vehicles.
REDIAL MATERIAL ACT SERIES WILL BE PERFORMED identifying BY THE GENERAL TRAFFIC MANAGEMENT, BY WHO IS AUTHORIZED. (1)
ALL expenses incurred THE HOLDER OF A VEHICLE FOR MAKING A BAD redialing SERIES WILL BE THE RESPONSIBILITY OF THE HOLDER OF GENERAL DIRECTION OF TRAFFIC AND officer or employee RUN AS REDIAL OR WHO IS LICENSED to execute it. (1)
Denial Art. 11. If the report submitted by the DPTC, and the legal analysis of the other evidence submitted by the applicant, and address themselves to seek the latter considered inadmissible the application for redialing, it will inform the petitioner by decision for that purpose shall issue, in which, besides the permanent cancellation of the vehicle in question, the Public Registry of Motor Vehicles will be ordered.
Art. 12. The Directorate General of Traffic, must assess the evidence as a whole in the process of redialing is discharged in accordance with the rules of sound judgment. CHAPTER V RESOURCES
Appeal Art. 13. The decision under the previous article issued by the Directorate General of Traffic, admit appeal, which must be submitted to the Directorate, within three working days from the notification of the respective resolution.
In the brief filing the appeal be expressed clearly and precisely the reasons on which the action is based, with special distinction to the content of the report submitted by the Technical and Scientific Division of the National Civil Police.
With the brief filing may be accompanied by documents relating to the merits of the case. Presented
appeal, the General Directorate of Traffic will be limited to forward the written appeal to the Deputy Minister of Transport, within three days, along with the record.
Admission or rejection of the appeal
Art. 14. Immediately after receiving the appeal by the Deputy Minister of Transport will examine its admissibility. If it were inadmissible, reject it, stating the grounds for its decision.
Against the car that refuses to give the appeal process will not proceed any appeal. Admitted
recourse will be ordered as an immediate measure the performance of a new expertise by the DPTC, will be added legally documentary evidence that the appellant submitted, and holding hearing is ordered to hear the appellant if they had been requested by it.
At the hearing held, the applicant may provide as evidence documents for some reason did not submit to the Directorate General of Traffic. Resolution
appeal Art. 15. After the hearing, having been requested, and received the report of the expert practiced by the DPTC, the Deputy Minister of Transport issue a resolution ordering which under this law corresponds.
The resolution issued by the Deputy Minister of Transport, must be duly substantiated, taking into account each and every one of discharges factual and legal elements in the appeal proceedings, considered individually and collectively, in conformity with the rules of the sound judgment.
Resource Desertion Art. 16. If the appellant fails to appear at the hearing requested, will be declared void the appeal and will sign the decision appealed. CHAPTER VI GENERAL PROVISIONS
Costs Art. 17. PHYSICAL redialing the identifying SERIES THAT UNDER APPLICABLE LAW THIS MAKE, will cost WHICH WILL BE DEFINED BY THE DEPARTMENT OF TRANSIT. (1)
The expertise that under this law are practiced by the DPTC will have a one time cost of TWENTY-FIVE DOLLARS OF THE UNITED STATES OF AMERICA, per vehicle, which will be paid by each applicant in Colecturía Police national Civil; These revenues, which will be used exclusively for institutional strengthening of the Department of Motor Vehicles expertise to the National Civil Police.
Revenues in the first paragraph of this article refers, must be invested solely in the institutional strengthening of Viceministeriode Transportation, as well as the acquisition of assets related to the purposes set out in this Act Obligation
. | || Art. 18.- The Vice Ministry of Transportation will be obliged to endorse documents circulation to all motor vehicles holder have problems in identifying the main identifying series of your vehicle, for which each applicant shall submit the application to be referred to in Article 9 of this Act.
those under the provisions of the preceding paragraph, to obtain the renewal of their documents circulation, may sell the vehicles in question, until they obtain final favorable resolution as a result of redialing process to continue.
VOID IS ASSUMED THE DISPOSITION TO PERFORM IN VIOLATION OF THE PROVISIONS OF THIS SECTION. (1)
Vice Ministry of Transport Art. 19. The Vice Ministry of Transport shall establish the necessary mechanisms to effect computer that anyone can perform online queries to the Public Registry of Motor Vehicles, in order to ensure that the vehicle under consultation, not have any charge or in any case without its problems in determining their identifying series.
Art Workshops. 20.- REPEALED (1)
Special Character Art. 21. This Act is of special character and prevail over any provision that runs counter.
In all cases not provided for in this Act shall apply on a supplementary basis, in what was relevant, the provisions of the Law on Land Transportation, Traffic and Road Safety.
Regulation Art. 22. The regulations of this law shall be issued within thirty days of entry into force it. Effective
Art. 23. This Act shall come into force eight days after publication in the Official Journal.
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the twenty eighth day of June in the year two thousand and twelve.
OTHON Sigfrido Reyes Morales, president.
ALBERTO ROMERO ARMANDO RODRIGUEZ, GUILLERMO ANTONIO NAVARRETE GALLEGOS, FIRST VICE. SECOND VICE PRESIDENT.
MERINO JOSE FRANCISCO LOPEZ, FRANCISCO ROBERTO DURAN LORENZANA, THIRD VICE. FOURTH VICE.
JOSE ROBERTO MUNGUÍA d'Aubuisson, FIFTH VICE.
PEÑA LORENA GUADALUPE MENDOZA, CARMEN ELENA CALDERON SOL Escalon, First Secretary. Second Secretary.
SALGADO SANDRA MARLENE GARCIA, JOSE RAFAEL MACHUCA Zelaya, Third Secretary. Fourth secretary.
IRMA VASQUEZ PALACIOS LOURDES, MARGARITA ESCOBAR, FIFTH SECRETARY. SIXTH Secretariat.
SAMAYOA RODRIGO RIVAS, REYNALDO ANTONIO LOPEZ Cardoza seventh Secretary. EIGHTH SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, on the twentieth day of July two thousand and twelve.
PUBLISH, Carlos Mauricio Funes Cartagena, President of the Republic
Gerson Martinez, Minister of Public Works, Transportation and Housing and Urban Development.
Tomo OJ No. 137 No. 396 Date: July 24, 2012 SV
08/27/2012 Adar REFORM:
(1) DL No. 589, 12 DECEMBER 2013, OJ No. 9, T. 402, 16 JANUARY 2014
FN 20/01/13 LEGISLATIVE INDEX