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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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DECREE NO 463.-
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR, CONSIDERING: I.-That the current legal regime on public roads and roads, no longer
responds to the boom that has taken the construction of these by What is urgently needed to dictate to the extent that the economic increase, In addition, it is necessary to legislate on the use of public roads, as well as to regulate the construction and maintenance of public roads, as well as their conservation and
routes in which
is concerned with the installation of advertisements or other works for advertising purposes, which must be done in accordance with the principles of technical order as an effective measure for the prevention of accidents;
III. need to dictate rules governing the
building of buildings or other works that are raised in properties bordering on the same routes;
BY TANTO,
in use of its constitutional and initiative powers, of the President of the Republic through the Minister of Public Works, Decrees the following: LAW OF HIGHWAYS AND NEIGHBORHOOD PATHS SINGLE TITLE CHAPTER I OBJECTS AND DEFINITIONS
Art. 1. The land routes of communication and transportation of the Republic are classified on roads, neighborhood or municipal roads and streets. This Law is intended to regulate the planning, construction and maintenance of roads and roads, as well as their use and that of the immediate surfaces of public roads.
The streets remain subject to the regime. legal under which they are currently located.
Art. 2. FOR THE PURPOSES OF THIS LAW, ROADS ARE CONSIDERED ROADS WHOSE BEARING MAKES THEM PERMANENT TRANSIT; THEIR PLANNING, CONSTRUCTION, IMPROVEMENT, CORRESPONDS TO THE EXECUTIVE ORGAN IN THE FIELD OF PUBLIC WORKS. (3)
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Art. 3. -Athenising its importance and geometric characteristics the roads are subdivided into:
Special, which are all those that gather geometric conditions superior to the primary;
Primaries the capacitadas for intensities of transit over two thousand average vehicles per day, with twelve meters of platform, seven meters thirty centimeters of service and a minimum of seven meters ninety centimeters of shooting on the bridges;
Secondary the capacitadas for transit intensities between five hundred and two thousand vehicles on average per day, With nine meters fifty centimeters of platform, six meters fifty centimeters of shooting and a minimum of seven meters forty centimeters of shooting on the bridges;
Tertiary, those whose intensity of transit is understood between one hundred and five hundred vehicles average per day, with six meters of platform, coating of selected local materials and a minimum of six meters fifty centimeters of shooting on the bridges; and
Rural, the capacitadas for an intensity of One hundred vehicles per day per day, with five metres of platform and a minimum of three meters of service on the bridges; or that, without filling such characteristics, the road has been built by the Central Government.
Art. 4. IT IS ABSOLUTELY FORBIDDEN TO CLOSE, CULTIVATE, OBSTRUCT OR DIVERT ALL KINDS OF ROADS OR ROADS OPEN TO THE PUBLIC SERVICE, AS WELL AS TO RAISE WORKS OR TO NARROW THE ROAD; TO DIG AND SPILL WATER IN THE SPACE OCCUPIED BY THEM. THE PERSON WHO INFRINGES THIS PROVISION IS OBLIGED TO MAKE GOOD THE DAMAGE CAUSED OR TO PAY THE COST OF THE REPAIR AND SHALL ALSO BE IMPOSED, A FINE OF 100 TO FIVE THOUSAND COLONES, ACCORDING TO THE SERIOUSNESS OF THE INFRINGEMENT, RECIDIVISM AND THE ECONOMIC CAPACITY OF THE INFRINGER, WHICH WILL ENTER THE CORRESPONDING MUNICIPAL FUND .. (1) (2)
Art. 5. For the purposes pursued by this Law, it should be understood by:
a) Right of way, the area intended for the use of a public road between the boundaries that serve as boundaries or with adjacent properties;
b) property, the line separating the area over which the right-of-way is exercised,
with the adjacent fundos;
c) Withdrawal zone, the unbuildable open space between the property limit versus the public path and the line construction; and
d) Construction line, which delimits the withdrawal zone with the area from which
is allowed to build.
Art. 6. All land occupied by public roads must be owned by the State.
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Art. 7.-The roads may be promoted as a category, provided that the integral development of the geographical area and the intensity of its transit justifies it, extremes that must be verified by technical studies that will verify in this respect the General of Roads.
Art. 8. The geometric characteristics of the public roads may not be restricted, but in cases
special and when the needs demand it, the Ministry of Public Works will decide on what is necessary prior to the report of the respective office.
Art. 9. -It is for the Ministry of Public Works, through the respective office, to carry out the necessary technical studies, when it will be possible to establish toll taxes or sponsorship. CHAPTER II ROAD PLANNING
Art. 10. The Ministry of Public Works, through its respective offices, will be responsible for the planning, construction, improvement, conservation and proper marking of roads.
Art. 11. The investment projects for the construction of the works mentioned in the previous article should be the subject of a prior planning that will follow the guidelines of the country's integral development.
Art. 12. In order to carry out the technical studies necessary for the opening, conservation or improvement of the roads or roads, the owners or owners of the affected funds must provide access to carry out and if such studies cause any harm, those affected will be compensated in accordance with the Law.
Art. 13.-When for reasons of forecast in road development a retirement zone must be established, such zone will be demarcated in the affected foundation and the owner will remain in possession of it, without being able to build in it. The State will compensate the owner for what I use when I need that area or part of it.
Art. 14.-To indicate a construction line, where there are studies to establish or permit to reasonably estimate the position of the centre line which must finally have a road or road, the elements of the cross section shall be preferred to that line of center. If no such information can be obtained, the approximate location of the existing road or road center line will be used.
Art. 15. The right of way and the withdrawal zone shall be fixed in the respective projects drawn up by the respective office or, failing that, they shall be established by what they indicate in the construction rules which the said office applies regularly and even by the normal use to be carried out on the ground. CHAPTER III OF THE USE OF PUBLIC PATHS
Art. 16. For reasons of public safety and convenience, the Ministry of Public Works through the respective office will specify the roads for the exclusive use of motor vehicles. Pedestrians must walk on the shoulders of the roads, or by the places of
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security to be indicated by the Ministry. Art. 17. -It is the attribution of the Ministry of Public Works through the respective office,
to regulate the way vehicles must transit through the public roads and roads of the country, to tend to their weight and distribution of this by axes and rims, regardless of the control you should exercise on your maximum load.
Art. 18.-The minimum and maximum speeds to which motor vehicles may transit on roads or roads shall be fixed by the respective office of the Ministry of Public Works, taking into account the geometrical conditions of these vehicles.
The General Directorate of the Police will ensure that the provisions adopted in this respect are complied with.
Art. 19. Access to vehicles for pedestrians may be prohibited when, for safety reasons, it is required.
In such a case, the necessary facilities shall be provided for the traffic of pedestrians to be carried out without interfere with the vehicle.
Art. 20. No cattle, pigs, horses or other animals shall be allowed to walk or roam the public roads.
In the event of an infringement, the owner or the person who, by any title, owns them, shall be imposed a fine of five colons for head the first time; the second time the offender will be punished with a fine of ten colons per head and the subsequent infractions will be punished with fifteen colones each.
The sanctions referred to in the previous paragraph will be imposed by the Municipal Mayor of the place where the infraction will occur.
Art. 21.-The cattle, pigs, caballar or other classes shall not be allowed to be carried out on the roads or areas designated by the Ministry of Public Works through the respective office. However, such driving shall be permitted when it is made in consignments of livestock not larger than 25 animals, provided that they are carried out with due caution.
Art. 22.-In the event of an accident or damage, occurring on a public road to persons or property due to a travelling livestock or an arret without due precaution, it shall be presumed legally responsible for the repair of the damage caused to the owner or the person which for any title has it.
Art. 23.-The owners of immediate stables to the roads or public roads, are obliged to protect in the crosses the sections of the same ones where the cattle pass in their daily movement with cobblestones or any other suitable means.
Art. 24. No announcements or signs may be placed on the transit signs. The installation of the same is prohibited when they are confused with marker posts, warnings, prevention plates and other traffic signals placed along the tracks.
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Art. 25.-Any natural or legal person, of any nature whatsoever, who wishes to place on his own account signs of transit, must obtain prior approval from the respective office, accompanying for the effect with the application, the designs and offering to comply with the requirements of this Law.
Art. 26. The installation of advertisements or signs, within the right of way, or on signs of transit, public service posts, cordons, bridges, sewers, rocks, rocks, and walls as soon as they are included, will not be permitted. the right of way; nor on the pavement of the public roads and in all the auxiliary works built on them.
Art. 27.-In the right of way it is prohibited:
a) Trash, debris or any waste materials;
b) Leaving any class of vehicles or parts thereof, machinery or any apparatus or device that may be Transit traffic;
c) Deposit building materials except to build or
repair roads, roads; firewood or other items, as well as rice, corn or other seeds;
d) Install mechanical appliances for fun and sale of gasolines or other
class of items;
e) Making concrete or concrete mixtures other like, except to build or repair roads or roads;
f) In general, execute any act that may cause or build a hindrance
for free transit, such as meeting persons, buildings temporary or definitive intended for any object.
Art. 28.-The violation of the provisions of the four preceding articles, as well as the destruction
or damage to the road signs installed, shall cause the infringer to pay a fine of ten to one hundred colones applicable and enforceable by the Directorate General of Roads, without prejudice to the criminal liability incurred by the infringer.
Art. 29. -Any work or installation related to a public service to be carried out within the
right of way or to prevent free transit, as well as any work of repair or maintenance of the track itself, must be noted by sufficiently visible day and night announcements, placed at a reasonable distance from the works.
The person responsible for the immediate direction of the aforementioned works or installations, shall be liable for the damages that are caused by the the lack of such announcements will be caused in the property or in the person of those who transit through these places. All without prejudice to the criminal liability to which it occurred.
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When the work is completed, the route must be left under normal conditions of service, in the opinion of the respective office.
Art. 30. -When to construct, expand, rectify, or repair a public road, it is necessary to demolish a building, to acquire all or some part of a property, stone benches, ballast, sand or other material of particular property, will be obtained prior to the owner's consent or to acquire things in accordance with the Law on Expropriation and Occupation of Goods by the State.
Art. 31. The railway lines may be crossed at level or in any other form, by roads, roads or drains, and such works must be constructed with the necessary technique in order to guarantee the proper safety for the vehicles transit through such crossings; such works will be approved by the respective office.
Art. 32. -Fuel service stations must have within the area of their property and outside the withdrawal zone the parking section of vehicles; the owners or tenants thereof, will be obliged to repair on their own the section of road that will be damaged in front of the business and as a result of the business, to the satisfaction of the respective office.
Art. 33. -No commercial or industrial establishment may occupy the right of way for its own service, or that of the individuals who will require it, always in relation to the specific service provided by such establishments.
Art. 34.-The poles used in the transmission of electrical energy and those that support telegraphic or telephone wires, may not be placed more than two meters away from the property line, within the right of way. Where the topographical conditions of the field do not permit to be placed within the indicated distance, the respective office must be heard beforehand which will resolve the appropriate position.
The posts that hinder future enlargements of road or roads are or not placed within the limit established by this article, must be moved to another place as soon as there is a requirement of the office or of the respective Municipality, according to whether it is a road or a Neighborhood path.
Electric power conductors, pending poles, passing through a public means must be suspended at a minimum height of six metres above the level of the standard and be protected by means of nets or any system which ensures an early suspension of the electrical energy in the event of such drivers, suffer rupture, due to an accident of transit or other nature. Such protection will be at the expense of the owners of those power lines.
Art. 35.-When for reasons of service the removal or removal of the posts referred to in the previous article is necessary, the institution or the company concerned shall be notified to carry out the work on its own within a period of time. will be set by the office or the respective Municipality, as the case may be.
Art. 36.-The rain waters, the rivers and the rivers that run through natural channels may be used according to the Civil Code, but in no case will it be possible that as a result of the works that are constructed for their use, they cause damage on the roads or roads.
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Art. 37.-Any work of installation of aqueducts, bocatomas, causalities of departure, direction of water
leftover, spillages of predium, drainage channels, acequias or other works of the same nature, whether it is rain water, potables or served, which in some form may affect the right of way must be authorized in advance by the respective office, or Municipalities in their case, with a view of the plans of the respective projects.
Such works may only be authorized if they do not cause any damage to the public road which must not be maintained by the building, in normal conditions of service for the duration of the work execution.
The works referred to in this article must fill the same requirements as are imposed here, and the interested parties must office or the corresponding Municipality with the respective plans for approval within six months after the validity of this Law. In case of non-compliance the respective penalties will apply to you.
Art. 38.-The owners or holders of any real estate title, are obliged to receive and let run inside their premises, the rain waters that evict the public roads when it is determined by the ground level. They will also be under the obligation to keep clean and free of obstacles to the drainage of the track that sets the stormwater or its premises.
For the construction, improvement and conservation of the drains in the public roads, the Competent bodies shall have free access to the private fundos and shall give due notice to the owner, holder or occupant, except in the case of an emergency. The drains must be constructed in form and at a distance, such as to permit a fair distribution of the water between the different fundos adjacent to the public roads.
Art. 39. -When collapses or other damages occur on some public road, the neighbors of the place are in the obligation to give notice as soon as possible to the immediate authority, which in turn is obliged to communicate with the urgency due to the the respective office or its Delegate closer; in case the collapses or damage has occurred on a neighborhood road, the notice will be given to the respective Municipal Mayor.
Art. 40. On public roads, no object shall be allowed to carry any damage on the road or the transit of machinery such as: tractors, trailers, agricultural, industrial or other equipment such as for the intended purpose of rolling zippers, teeth, and other similar ones, unless such zippers or teeth are protected by rubber bands or other material that ensures the traffic of the vehicle without damage to the road.
Road transit is also prohibited paving, of human or animal traction vehicles fitted with metal wheels, as well as of any vehicle which contravene the provisions of the Central American Agreement on Road Traffic, except for this prohibition in those sections of the road where such vehicles are unable to transit through another place.
Art. 41. IT IS ABSOLUTELY FORBIDDEN TO CLOSE, CULTIVATE, OBSTRUCT OR DIVERT ALL KINDS OF ROADS OR ROADS OPEN TO THE PUBLIC SERVICE, AS WELL AS LIFTING WORKS OR SHAKING THE ROAD; DIGGING AND SPILLING WATER IN THE OCCUPIED SPACE
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FOR THEM. THE PERSON WHO INFRINGES THIS PROVISION IS OBLIGED TO MAKE GOOD THE DAMAGE CAUSED OR TO PAY THE COST OF THE REPAIR AND SHALL ALSO BE IMPOSED, A FINE OF 100 TO FIVE THOUSAND COLONES, ACCORDING TO THE SERIOUSNESS OF THE INFRINGEMENT, RECIDIVISM AND THE ECONOMIC CAPACITY OF THE OFFENDER, WHO WILL ENTER THE CORRESPONDING MUNICIPAL FUND. (1)
Art. 42.-The Ministry of Public Works through the respective office or the corresponding Municipal Mayor's Office shall know the provisions of the preceding article, which may act on the request of a party or of its own office; the Ministry of Public Works; any means of the offence committed, shall inform the party complained of so that within the third day he shall explain the reasons for the infringement; with the answer or without it, inspection shall be carried out at the place of the facts, subject to the summons of the If necessary, the trial will be opened for eight days, in order to collect the ones that They will be resolved within three days, which will be a precedent.
The resolved will be notified in the parties who will be able to appeal within the third day before the Ministry of Public Works. If the final resolution is unfavourable to the disordered one, it will be prevented, within a reasonable period of time, to restore the way to its previous form, direction and state. If the time granted is not met the prevention indicated, will be done by the office or the respective mayor at the expense of the defendant.
For the fulfillment of the resolution that will be given will be requested if necessary, the intervention of public security forces.
The provisions of this article are not applicable in the cases referred to in Article 165 Pn. CHAPTER IV OF THE USE OF ADJACENT OR NEXT TO PUBLIC PATHS
Art. 43. -Where, due to the territorial expansion of a city or population part of the existing road or road, it shall be within the urban area, the right of way of that road must be respected at least.
Art. 44.-When any construction class is projected in the areas adjacent to a road or neighborhood road, it must be requested in advance and in writing to the respective office.
The performance of the work must be carried out by having a construction, according to the plans duly approved by the Directorate General of Urbanism and Architecture.
Art. 45. For the purposes of this Law, any sign, painting, print, drawing or other advertising means shall be deemed to be a sign of the purpose of calling attention to a product, industrial or commercial article, service, recreation, occupation and occupation. A home that is offered, sold, or carried out in the same place, and when they are on site other than the place where the label is placed, is considered to be announced.
Art. 46.-Within the retirement zones and on land adjacent to them, the installation of advertisements or labels shall not be permitted if they do not satisfy the following requirements:
a) Being detachable easily, therefore the facilities are prohibited fixed as brick walls, concrete, adobe or other similar materials;
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b) To install at a distance not less than two hundred meters on both sides of the
public-track crossings, crossings of the same with those of railway, track, bridges or other works;
c) Which are not located below telegraphic telephone lines, and power conductors
electrical; and
d) That they have at least six meters of height those signs that in their way stand out above the right of way.
Art. 47.-In areas adjacent to national parks, archaeological zones, monuments
historical and similar places, where a road passes or crosses only official announcements concerning transit or legends are permitted to be permitted places.
Art. 48.-To place signs or other works for advertising purposes in the permitted areas, permission of the respective Municipal Office or Mayor will be required as appropriate, for which an application will be submitted that will contain the requirements following:
a) General of the requester;
b) Detailed description of the announcement or label;
c) Location of the announcement;
d) Planes or croquis bounded on the structures, with specifications of the materials to be employ; and
e) written permission granted by the owner of the predium to be placed in the ad or
label, when it does not belong to the requester.
Art. 49.-The application by the office or the relevant Municipality shall be carried out at the appropriate place. If the requirements laid down in the previous Article are met and the inspection is favourable, the said office or Municipality shall authorise the installation of the notice or sign, after payment of 25 colons in respect of the rights to which they are required. find out at the Collecturia of the Municipal Treasury Directorate General as the case may be.
The certification of the corresponding resolution will do the times of the permit, with a term of one year to cut from the date of issue, renewable by equal periods of trial of the office or Municipality, by means of payment of the rights corresponding.
Art. 50. The installation permission of the ads or labels will expire for any of the following reasons:
a) For changing locations without prior authorization, announcement or sign-up;
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b) For making any modifications to the announcement or sign in relation to the approved design;
c) For the state or Municipality needing the land on which the ad is installed or
label;
d) For preventing the workers and employees of the respective office or Municipality, see if the installation of the announcement or label is in compliance with the requirements of this Law; and
e) For not installing the announcement or sign within two months of the date of the
authorization.
Art. 51. The respective office or Municipality shall order the demolition of any advertisement or title that is installed in violation of this Law and of the respective resolution, no recourse shall be permitted. All at the expense of the defendant.
Art. 52. It may not be used in labels or advertisements, paints or other reflective materials, or any combination of symbolic colors or other reasons that may be confused with the authorized traffic signals in the respective office.
Art. 53. -In the notices or signs, the use of words such as: HIGH, DANGER, STOP, CROSSING, ATTENTION or other similar words, which may cause confusion for the drivers of vehicles, shall not be permitted.
Art. 54.-Any legend or form used in the advertisements or labels must be in Spanish, except for proprietary names or trademarks.
Except for the previous paragraph, the advertisements or labels dedicated to tourism, which can be written in another or other languages, but always be highlighted in Spanish.
Art. 55. It shall not be permitted to install in the notices or signs, red, green or yellow lamps which have an impact on the vehicles, or reflectors which lay off dazzling rays or other means which cause annoying reflexes to the users of the vehicles. roads, as well as those that obstruct the visibility of drivers.
Art. 56.-The notices or signs shall not contain any expressions, images or figures that are obscene, immoral, or contrary to public order and good customs, shall not contain terms that directly or indirectly harm, insult or denigrate persons.
Art. 57. -For no reason shall be placed in buildings or land, lights that hinder visibility on public roads, to drivers of vehicles. GENERAL PROVISIONS Art. 58.-In the case of changing the layout of a road or road, the vacant lot shall belong to the State or the Municipality, as it has been national or municipal and must be sold in
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public auction and profits of the Fisco or the respective municipality, preferring always, in equal circumstances, to the owners of the adjoining grounds. However, if the land left vacant by the new layout has been occupied without any compensation, it shall return free of charge to the former owner, giving it a record of the return by the respective Mayor's Office. In the case referred to in this article and to proceed to the auction it will not be necessary for the Fisco or the Municipalities to credit their right with written title of the respective road or road.
The domain of the State or the Municipality presumes, with the exception of the contrarian evidence, that which may be submitted at any time before the auction; the respective minutes shall be entered without the need for a registered antecedent. The auction shall be without prejudice to the establishment of transit easements for land which shall be held incommunicado under that auction.
Art. 59.-When trees whose branches or roots are extended within the platform of roads or roads, the owners of those trees will be obliged to prune them.
Art. 60. The violation of the provisions of the Present Law, which have no specific sanction, will be punished by fines of ten to five hundred colones, according to the seriousness of the infringement. The authority responsible for the imposition and enforcement of the fine shall be the office and the corresponding Municipality, as the case may be.
In any event that has not been specifically addressed, it shall be carried out in a governmental manner. CHAPTER V TRANSIENT PROVISIONS
Art. 61.-The Directorate General of Roads or the respective office shall establish within two years, from the time of the validity of this Law, a nomenclature for the use of roads and roads according to the appropriate technique.
Art. 62.-The owners of advertisements and labels that do not conform to the terms of the Present Law, will have a term of sixty days from their validity to be provided for the respective permits.
Art. 63.-The time limit set out in the previous article has been passed and the requirements of this Law, the Directorate General of Roads, the Office or the respective Mayor's Office, will not be fulfilled for the case. of the owners. CHAPTER VI FINAL PROVISIONS
Art. 64. THE EXECUTIVE BODY IN THE FIELD OF PUBLIC WORKS SHALL ISSUE THE REGULATION OF THIS LAW. (3)
Art. 65. All those provisions which in one form or another are contrary to this Law shall be repealed.
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Art. 66.-This Decree shall enter into force eight days after its publication in the Official Journal
.
GIVEN IN THE SESSION HALL OF THE LEGISLATIVE ASSEMBLY; NATIONAL PALACE: San Salvador, at the nine days of the month of September of a thousand nine hundred and sixty-nine. BENJAMIN INTERIANO, PRESIDENT. ROMULO CARBALLO ALVAREZ, JUAN VICTOR BOILLAT, VICE-PRESIDENT. VICE PRESIDENT. TOMAS GUILLERMO LOPEZ, FIRST SECRETARY. JOSE ARMANDO RODEZNO, AUGUSTO RAMIREZ SALAZAR, FIRST SECRETARY. FIRST SECRETARY. JOHN FERREIRO, SECOND SECRETARY. ANTOLIN DE JESUS CASTILLO, JUAN RAMON MENA, SECOND SECRETARY. SECOND SECRETARY.
CASA PRESIDENTIAL: San Salvador, at the seventeenth day of the month of September of a thousand nine hundred and sixty-nine. PUBLISH, FIDEL SÁNCHEZ HERNÁNDEZ, President of the Republic. ENRIQUE CUELLAR, Minister of Public Works. BE PUBLISHED IN THE OFFICIAL JOURNAL, ENRIQUE MAYORGA RIVAS, Secretary General of the Presidency of the Republic. D. NO 196 TOMO NO 225 DATE: 22 October 1969
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REFORMS: (1) D.L. Nº 425, DECEMBER 9, 1975;
D.O. NO 235, T. 249, DECEMBER 17, 1975. (2) D.L. NO. 116, OCTOBER 14, 1976;
D.O. NO 197, T. 253, OCTOBER 26, 1976. (3) D.L. NO 351, 30 OCTOBER 1992;
OJ NO 209, T. 317, 13 NOVEMBER 1992. NGCL
