Key Benefits:
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PROPOSED LAW NO. 42 /X
Exhibition of Motives
The practical application of the Decree-Law No. 232/79 of July 24, which established the illicit of
mere social ordinance, found difficulties of execution by the Public Administration,
since this disposing of means that would enable it to enable it to be effective
of the respective normative commands.
With the approval of the Decree-Law No 411-A/79 of October 1, it will have been attempted
respond to that difficulty by revoking the norms of the previous determinant diploma
of the changes in question.
The legislator came, meanwhile, in particular through the Decree-Law No. 433/82, of 27
of October, manifest the will to move towards the constitution of an illicit
of mere social ordering and to give account of the urgency in realizing the right of the against-
ordinances, concern that has been shown to be perfectly justified by the
experience, making it convenient to submission to the regime of the counter-ordinations of the
illicit even today provided for in the form of contraventions and transgressions in the legislation
in force.
This movement reflects a tendency to proceed to conversion in against-
orders of contraventions and transgressions in force in legal planning
national, purpose assumed by the XVII Constitutional Government in its Programme of
Government and reaffirmed in the Resolution of the Council of Ministers No. 100/2005, 30 of
May, pursuant to which it has been reiterated the intention to proceed to the decriminalization of
a set of ducts.
In the specific subject matter of the use of road infrastructure in which it is due
payment of toll fees, it is intended to simultaneously prevent the respective
fraudulent use and relieve the courts of the weight of the corresponding processes.
Thus, it becomes the Directorate General of Viation the entity responsible for the instruction and
final decision of the procedure, without prejudice to the possibility of judicial appeal, in the
general terms.
On the other hand, the provision of means of surveillance and tramping of the
counterordinance processes justifies the partial allocation of the product of the fines to the
entities that exercise the supervision and the entities that ensure the instruction of the
processes.
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Finally, it is important to highlight the safeguarding of the processes by contraventions and
transgressions practiced prior to the date of the entry into force of this Law.
The necessary representations were promoted to the hearing of the Higher Council of the
Judgeship, of the Superior Council of the Public Prosecutor's Office, of the Superior Council of the
Administrative and Fiscal Courts, of the Order of Lawyers, of the House of
Solicitors and the Council of the Officers of Justice.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
Chapter I
General provisions
Article 1.
Subject
This Law shall determine that the offences which result from the non-payment or the
payment addict of toll fees on road infrastructure, previously
to their entry into force provided for and punished as contraventions and transgressions, pass
to take on the nature of counter-ordinations.
Article 2.
Use of road infrastructure
The conditions for the use of transit securities in road infrastructure,
specifically on highways and bridges, which are the subject of contracts of
grant, are set out in the terms provided for in the law and in the said contracts.
CHAPTER II
Surveillance
Article 3.
Agents of surveillance
1-A review of compliance with the standards referring to transit securities in
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road infrastructure, specifically on motorways and bridges, is carried out,
in the respective area of acting, by supervisory officers of the companies
dealerships, specifically, by light.
2-The supervisory officers referred to in the preceding paragraph shall be duly
ajurred and accredited.
Article 4.
Identification of the agent
1-Supervisory Officers may, in the performance of their duties and when they are
show necessary, require the agent of a counterordinate the respective
identification and request the intervention of the police authority.
2-A identification is made upon presentation of the identity card or other
an authentic document that allows it or still, in its absence, through a
witness identified on the same terms.
CHAPTER III
Counterordinational regime
Article 5.
Counter-ordinations practiced within the framework of the system
of electronic toll collection
Constitutes counterordinance, punishable by fine, under the terms of this Law, the non-
payment of resulting toll fees:
a) From the transposition of a toll barrier through a pathway reserved to a
electronic toll collection system without the vehicle concerned if
find associated, by virtue of an accession contract, to the respective system;
b) From the transposition of a toll barrier through a pathway reserved to a
electronic toll collection system in default of the conditions
of use provided for in the contract of accession to the respective system,
specifically because of lack or poor placement of the equipment in the vehicle,
for lack of validation of the equipment in the contractually agreed terms,
for lack of means of payment medium valid to the equipment or by
lack of bank balance that allows for the settlement of the due toll fee.
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Article 6.
Counter-ordinations practiced within the framework of the system
of manual toll collection
Constitutes counterordinance, punishable with fine, the non-payment of any rate of
tolling, due to the use of motorways and bridges subject to the scheme of
toll, in particular as a result:
a) Of refusal of the utent to proceed to payment due;
b) From non-payment of the debt fee within the time limit for it to the
effect;
c) From the passage in via the toll-free toll barrier;
d) Of the non-payment of the amount corresponding to double the maximum value
chargeable on a certain toll barrier, due importance always
that the utent there presents itself without being valid transit title bearer, nos
terms of the Portaria No. 762/93 of August 27, applicable to all concessions
with tolls under the terms of the Portaria No. 218/2000 of April 13.
Article 7.
Determination of the applicable fine
1-The counter-ordinations provided for in Articles 5 and 6 are punishable by fine
minimum corresponding to ten times the value of the respective toll rate, but
never less than € 25, and of maximum value corresponding to fifty times the value
of the said rate, with the respect for the maximum limits laid down in Article 17 of the
general regime of the illicit of mere social ordering and their respective process, constant of the
Decree-Law No. 433/82 of October 27, as amended by Decrees-Laws No 356/89,
of October 17, paragraph 244/95, of September 14, and No. 323/2001, 17 of
December, and by Law No. 109/2001, of December 24.
2-For the purposes of the provisions of the preceding paragraph, where it is variable to
determination of the toll rate as a function of the pathway travelled and not
possible, in the concrete case, its determination, must be considered the maximum value
chargeable on the respective toll barrier.
3-A negligence is punishable by being reduced from one third the maximum limit of the fine
applicable under the terms of this Article.
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Article 8.
Detection of the practice of counter-ordinations
1-A The practice of counter-ordinations provided for in Articles 5 and 6 can be detected
by any agent of authority or supervisory agent in the exercise of its
functions, as well as through appropriate technical equipment, specifically
of those who register the image of the vehicle with which the offence was practiced, in the
the terms of the legislation applicable to electronic surveillance.
2-The appliances to be used for the purpose mentioned in the preceding paragraph shall be
previously approved by the General Directorate of Viation, in the terms and for the effects
provided for in the Road Code and supplementary legislation.
Article 9.
Auto news
1-When the supervisory agent, in the performance of his duties, presenties the practice
of the counter-ordinations provided for in Articles 5 and 6, lavra auto news release, of the
which one should appear:
a) The description of the constitutive facts of the offence;
b) The day, time and place where the offence has been verified;
c) The identification of the accused, with the mention of the name, of the abode and of others
necessary elements;
d) The identification of circumstances relating to the defendants and the offence, which
may be influential in the decision;
e) The indication of the legal provisions providing for the offence and the respective
applicable sanction;
f) The deadline for the submission of defence and the place where this must be
delivered;
g) The indication of the possibility of voluntary payment of the fine by the minimum,
as well as the deadline and place for the effect and consequences of the no
payment;
h) Where possible, the identification of witnesses who may testify about
the facts;
i) The signature of the agent who raised him and, when possible, of witnesses.
2-The news self laundered in the terms of the previous paragraph makes faith about the facts
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witnessed by the autuante, until proven otherwise.
3-The provisions of the preceding paragraph shall apply to the means of evidence obtained through the
equipment referred to in the previous article.
4-The news self does not cease to be laundered, even if the autuant repute the offence
as not punishable, and must, however, make mention of the circumstance.
5-The accused is notified of the offence which is charged to him and the sanction in which he incurs
at the time of the autuation, upon delivery of the notice of payment of the fine.
6-A refusal of receipt of the notice of payment of the fine does not harm the tramway
of the process.
Article 10.
Responsibility for payment
1-Where it is not possible to identify the driver of the vehicle at the time of practice
of the counter-ordinance, the holder of the vehicle identification document is notified
so that this, within fifteen working days, will carry out such identification.
2-The holder of the vehicle identification document shall carry out the identification of the
driver, save if he proves the abusive use of the vehicle.
3-In the lack of compliance with the provisions of the preceding paragraphs is responsible for the
payment of the fines to be applied and the outstanding toll fees, depending on the
cases, the owner, the acquirer with reservation of ownership, the enjoy, the
tenant in financial leasing regime or the holder of the vehicle.
Article 11.
From identification of the responsible
For the purposes of the application of the provisions of the previous article, the dealerships and the
managing entities of electronic toll collection systems may request,
on the basis of the registration of the vehicles, the Republican National Guard, the identification of the
owner or lessee in a financial leasing scheme.
Article 12.
Voluntary payment of the fine
1-The dealerships, or the entities tasked with the collection of fees, notify the
agent of the counterordinance to, within fifteen working days, proceed to
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voluntary payment of the fine, which is settled by the minimum reduced in 50%, and of the
tolling rate in debt.
2-Should the defendants not use the faculty conferred by the preceding paragraph, the
dealerships or the entities by these tasked with the collection of the fees of
toll due, send the news self to the Directorate General of Viation, which
instaura, within the framework of the competence provided for in this Law, the corresponding
counter-ordering process and notifies the accused, by joining the notification o
duplicated from the news self.
3-The defendants may, within fifteen working days from the notification referred to in the
background number, proceed to voluntary payment of the fine, which is settled
at least, and the rate of toll in debt.
4-In any case, the voluntary payment of the fine can only be made if
simultaneously is settled at the debt toll rate.
5-The payment of the fines and toll fees due before the entities
referred to in paragraph 1 is made against the delivery of receipt or, in the event of payment by way of
electronic, equivalent document.
6-The voluntary payment of the fine in the terms of the preceding paragraphs determines the
archiving of the process.
Article 13.
Right of hearing and defence of the accused
The defendants may, within fifteen working days from the notification provided for in paragraph 2
of the previous article, present its defence in writing, with the indication of witnesses,
up to the limit of three, as well as to add other means of proof.
Article 14.
Notifications
1-The notifications take place by registered letter with expedited acknowledsation notice for
the domicile or headquarters of the notifying.
2-If for any reason the letters provided for in the preceding paragraph are returned to the
sender entity, notifications are resent to the domicile or headquarters of the
notified through simple letter.
3-In the case provided for in the preceding paragraph, the employee of the competent entity lavra
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a quota in the process with the indication of the date of dispatch of the letter and the domicile
for which it was sent, considering the notification made on the fifth day
later than the date indicated, comination which should appear in the act of notification.
4-If notifying you refuse to receive or to sign the notification, the employee of the
postal services certifying the refusal, considering the notification.
5-When there is a check on the existence of several offences committed by the same agent
or with the use of the same vehicle may carry out a single notification.
Article 15.
Competence for the process
The Directorate General for Travel is the competent entity for the establishment and instruction of the
counter-ordering processes referred to in this Law, as well as for the decision
of the application of the respective fines.
Article 16.
Compliance with the decision
The fine and the due toll fee must be paid within fifteen working days of
count of the date on which the decision becomes final, and the payment shall be made
before the Directorate General of Viation and in the modalities that are to be fixed in
regulation.
Article 17.
Distribution of the product of the fines
1-Should the fine be paid directly to the exploitative company of the service in question, the
product of the fine is distributed as follows:
a) 60% for the exploitative company of the service in question;
b) 20% for the E.P. -Roads of Portugal, E. P. E.;
c) 20% for the State.
2-The dealerships are expected to proceed to quarterly delivery in the Treasury coffers of the
quantitative that, of the fines collected, constitute revenue of the State.
3-Should the fine be paid after the establishment of the counterordinational process by the
Directorate-General for Travel, your product of the fine is distributed as follows:
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a) 25% for the exploitative company of the service in question;
b) 30% for the Directorate General of Viation;
c) 22.5% for the EP-Roads of Portugal, E. P. E.;
d) 22.5% for the State.
4-A Directorate General of Travel shall proceed to quarterly delivery to dealerships
of the importances concerning the toll fees charged, as well as of the
quantitative that, of the fines collected in the context of the proceedings of against-
ordering, in the terms of the present law to those belong.
Article 18.
Subsidiary law
To the counter-ordinations provided for in this Law, and in everything in it if you do not find it
expressly regulated, shall be subsidally applicable to the provisions of the general scheme
of the illicit of mere social ordering and the respective process.
CHAPTER IV
Final and transitional provisions
Article 19.
Adequacy of contracts and the bases of concessions
1-Concession Contracts in force shall suit the provisions of this Law
within 120 days of its publication.
2-A The lack of adequacy of concession contracts within the said period is without prejudice to the
application of the scheme provided for in this Law.
Article 20.
Transitional arrangements
1-The contraventions and transgressions practiced prior to the date of the entry into force of the
present law are sanctioned as counter-ordinations, without prejudice to the application of the
regime that concretely shows itself more favorable to the agent, namely
as to the measure of the applicable sanctions.
2-The proceedings by facts practiced prior to the date of entry into force of this Law
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pending in court on that date continue to run their terms in the face of the
courts in which they find themselves, by giving them applicable, up to the transit on trial of the
decision to put an end to them, the procedural legislation concerning the contraventions and
transgressions.
3-The proceedings by facts practiced prior to the date of the entry into force of this Law,
whose introduction is carried out at a later time, run its terms
before the competent administrative authorities.
4-Of the decisions rendered by the administrative entities in the terms of the number
previous is up to appeal in the general terms.
Article 21.
Abrogation standard
1-With the entry into force of this Law, the Decrees-Laws No 130/93 are repealed,
of April 22, and paragraph 39/97, of February 6.
2-Keep in force the Portaries No. 762/93 of August 27, and No. 218/2000, of 13
of April.
Article 22.
Entry into force
Without prejudice to the provisions of Article 19, this Law shall come into force 120 days after the
your publication.
Seen and approved in Council of Ministers of September 15, 2005
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs