Approving The Sanctions Regime Applicable To Offences That Have Occurred In The Field Of Road Infrastructure Where It Is Because The Payment Of Toll Rates.

Original Language Title: Aprova o regime sancionatório aplicável às transgressões ocorridas em matéria de infra-estruturas rodoviárias onde seja devido o pagamento de taxas de portagem.

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1 PROPOSAL of law No. 42/X explanatory memorandum the practical application of Decree-Law No. 232/79, of 24 July, which established the mere social ordering illegal, found difficulties of implementation by the Public Administration, which did not have means that you allow an effective compliance of the respective regulatory controls. With the approval of Decree-Law No 411/79, of 1 October, have tried to respond to this difficulty, by repealing previous rules determining degree of the amendments concerned. The legislature came, however, in particular by means of Decree-Law No. 433/82 of 27 October, expressing the willingness to move towards the establishment of a mere social ordering and illicit realize the urgency in implementing the law of administrative offences, concern that has shown itself perfectly justified by the experience, making convenient submission of contravention of today referred to unlawful under the form of misdemeanors and transgressions in the legislation in force. This move reflects a trend for conversion into administrative offences of misdemeanors and transgressions in the national legal system, the XVII Constitutional Government purpose in your Program of Government and reaffirmed in the resolution of the Council of Ministers No. 100/2005, of 30 may, which was reiterated the intention to proceed with the decriminalization of a set of behaviors. On the specific matter of the use of road infrastructure is due payment of toll rates, simultaneously preventing its misuse and relieve the courts of the weight of the corresponding processes. As well, the Directorate-General responsible for road traffic by the statement and final decision of the procedure, without prejudice to the possibility of judicial review, in general terms. On the other hand, the provision of means of supervision and processing of administrative offense justifies the partial allocation of the proceeds of fines to entities that carry out the supervision and the entities providing the instruction. 2 Finally, attention must be drawn to the safety of procedures on contraventions and offences committed before the date of entry into force of this law. The necessary steps were promoted to the Superior Council of the judiciary, of the Supreme Council of the Public Ministry, the Board of Governors of the Administrative and fiscal Courts, the Bar Association, the Chamber of bailiffs and the Council of officers of Justice. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I General provisions Article 1 subject-matter this law determines that the offences that result from the non-payment or the payment of toll rates addict in road infrastructure, prior to your entry into force provided for and punished as misdemeanors and transgressions , will take on the nature of contravention.

Article 2 Use of road infrastructure the conditions for use of transit in road infrastructure, including highways and bridges, which are the subject of the concession contracts, are set in accordance with the law and contracts.

CHAPTER II Monitoring article 3 1-inspection agents to monitor compliance with rules regarding transit bonds in 3 road infrastructure, including highways and bridges, is carried out, in its area of action, supervisory agent of the concessionary companies, in particular, by portageiros. 2-The supervisory agents referred to in the preceding paragraph are duly sworn and accredited.

Article 4 1-agent identification supervisory agents may, in the exercise of its functions and when such is necessary, requiring the agent to an administrative offense their identification and request the intervention of the police authority. 2-identification is made upon presentation of their identity card or any other authentic document that permits or even, in your absence, through a witness identified under the same terms.

CHAPTER III article 5 Administrative Arrangements administrative offences committed within the framework of the electronic toll collection system Constitutes an administrative offence punishable by a fine, in accordance with this law, the non-payment of toll rates resulting:) the transposition of a toll barrier through a road reserved for an electronic tolling system without the vehicle in question is associated by virtue of a contract of adhesion, to its system; b) transposition of a toll barrier through a road reserved for an electronic tolling system in non-compliance with the conditions of use provided for in the contract of adhesion to the respective system, in particular by missing or inadequate placement of equipment in the vehicle, due to lack of equipment validation under contractually agreed, for lack of valid payment method to equipment or lack of bank balance that enables the settlement of toll due.

4 Article 6 administrative offences committed within the framework of the system for collecting tolls manual Constitutes a misdemeanour punishable by fine, failure to pay any toll rate, due for the use of motorways and bridges subject to toll scheme, in particular as a result: the user's refusal in) proceed to payment due; (b)) of the non-payment of the debt within rate is granted for that purpose; (c)) of the passage in toll barrier route without stopping; (d)) of the non-payment of the amount corresponding to twice the maximum amount payable in a particular toll barrier, importance due whenever the wearer is present without being in possession of valid transit title, pursuant to ministerial order No. 762/93, of 27 August, applicable to all leases with tolls pursuant to ministerial order No. 218/2000, of April 13.

Article 7 Determination of the fine applicable

1-The administrative offences provided for in articles 5 and 6 are punished with a fine of minimum value corresponding to ten times the value of the respective toll fee, but not less than € 25, and maximum value corresponding to 50 times the amount of the said fee, with respect for ceilings in article 17 of the general regime of the social ordering and merely illicit process , contained in Decree-Law No. 433/82 of 27 October, amended by decree-laws No. 356/89 of 17 October, no. 244/95 of 14 September, and no. 323/2001, of 17 December, and by law No. 109/2001, of 24 December. 2-for the purposes of the preceding paragraph, where the determination of variable toll rate depending on the route taken and it is not possible, in this case, your determination should be considered the maximum chargeable on its toll barrier. 3-negligence is punishable, being reduced by one third the maximum fine applicable under this article.

5 article 8 detection of offences 1 practice-the practice of administrative offences provided for in articles 5 and 6 can be detected by any agent of authority or supervisory agent in the performance of their duties, as well as through appropriate technical equipment, in particular of those who register the image of the vehicle with which the offence was committed, in accordance with the legislation applicable to electronic surveillance. 2-the equipment to be used for the purpose mentioned in the preceding paragraph shall be previously approved by the DMV, in accordance with and for the purposes set out in the highway code and supplementary legislation.

Article 9 Auto News 1-When the supervisory agent, in the course of their duties, to witness the practice of the administrative offences provided for in articles 5 and 6, lavra auto news, which shall include: a) the description of the facts constituting the infringement; (b)) the day, time and place where the offence was detected; c) identification of the defendant, with the mention of the name, address and other required elements; d) identification of circumstances relating to the accused and the offence, which may influence the decision; and) legal provisions providing for the offence and the applicable sanctions; f) the period set for the submission of the defence and the place where this should be delivered; g) an indication of the possibility for voluntary payment of the fine at least as well as the time and the place and the consequences of non-payment; h) where possible, the identity of witnesses who can testify about the facts; I) the signature of the agent who stood up and, when possible, of witnesses. 2-the auto news plowed under the preceding paragraph about the authentic facts presented by autuante 6, until proven otherwise. 3-the provisions of the preceding paragraph applies to evidence obtained through the equipment referred to in the previous article. 4-the news is nonetheless drawn up, even though the offence as repute autuante not punishable and should, however, make mention of the condition. 5-the accused is notified of the infringement imputed to him and of the penalties which incur at the time of booking, by delivery of the notice of payment of the fine. 6-the refusal to accept a notice of payment of the fine does not affect the course of the process.

Article 10 Liability for payment 1-whenever it is not possible to identify the driver of the vehicle at the time of practice of administrative offense, is notified the holder of the vehicle identification document for this, within 15 working days, make this identification. 2-the holder of the vehicle identification document must proceed to the identification of the driver, unless they prove the misuse of the vehicle. 3-in the absence of compliance with the preceding paragraphs shall be responsible for payment of the fines to be applied and the toll rates in debt, as the case may be, the owner, with reservation of title, the buyer, the lessee under the lease or the holder of the vehicle.

Article 11 of the identification of the person responsible for the application of the provisions of the previous article, the concessionaires and management companies of electronic tolling systems can request, based on registration of vehicles, the National Republican Guard, the identity of the owner or the lessee under a finance lease.

Article 12 voluntary payment of the fine 1-utilities, or entities responsible for the collection of fees, notify the agent of the administrative offense to, within 15 working days, to 7 voluntary payment of the fine, which is settled by a minimum 50% reduction in, and the toll in debt. 2-If the defendant does not use the Faculty conferred by the preceding paragraph, the dealers or entities for these responsible of collecting toll fees payable, send the auto news to DMV, establishing, within the competence provided for in this law, the corresponding infraction process and notifies the accused, joining the notification the duplicate of auto news. 3-the defendant may, within 15 working days of the notification referred to in the preceding number, proceed to the voluntary payment of the fine, which is settled by the minimum, and the toll in debt. 4-In any case the voluntary payment of fines can only be carried out at the same time is settled the toll in debt. 5-the payment of fines and toll fees due before the entities referred to in paragraph 1 is made against the delivery receipt or, in the case of payment electronically, equivalent document. 6-the voluntary payment of the fine pursuant to the preceding paragraphs determines a dismissal.

Article 13 right to hearing and the accused's defence the accused may, within 15 working days of the notification provided for in paragraph 2 of the preceding article, submit your written defence, with the indication of witnesses, up to a maximum of three, as well as gather other evidence.

Article 14 Notifications

1-the notifications shall be by registered letter with acknowledgement of receipt sent to the domicile or seat of the notifying. 2-If for any reason the cards provided for in the preceding paragraph are returned to the sender, the notifications are resent to the domicile or seat of the notified by simple letter. 3-in the case referred to in the preceding paragraph, the competent entity extraction quota in the process 8 1 with an indication of the date of dispatch of the letter and the address to which it was sent, considering the notification made on the fifth day after the date indicated, making provision which should be included in the Act of notification. 4-If the notifying refuses to receive or to sign the notification, the postal clerk certifies the refusal, considering the document. 5-when you check the existence of several offences committed by the same agent or with the use of the same vehicle can be a single notification.

Article 15 Jurisdiction for road traffic Directorate-General is the competent authority for the establishment and instruction of a misdemeanour procedures referred to in this law, as well as for the decision to apply the respective fines.

Article 16 compliance the fine and the toll due must be paid within 15 working days from the date on which the decision becomes final, and the payment shall be made before the Road Directorate and the modalities that are laid down in regulation.

Article 17 product Distribution of fines 1-If the fine is paid directly to operator of the service in question, the product of the fine is distributed as follows: 60% for) operator of the service in question; b) 20% for E.P.-Portugal roads, and p. e.; c) 20% for the State. 2-the concessionaires shall quarterly Treasury coffers delivery of quantitative, fines levied, constitute State revenue. 3-If the fine is paid after the establishment of the administrative process by DMV, your fine product is distributed as follows: 9 a) 25% for the operator of the service in question; b) 30% to the Directorate-General of Traffic; c) 22.5% for the EP-Estradas de Portugal, e. p. e.; d) 22.5% for the State. 4-the General Directorate of Traffic shall quarterly delivery to dealers of amounts relating to toll fees charged, as well as quantitative, of fines levied under the counter ordering processes, in terms of this Act to those belong.

Article 18 supplementary law To administrative offences provided for in this law, and in all that it expressly regulated, are not found in the provisions of the general regime of the social ordering and merely illicit process.

CHAPTER IV transitional and final provisions article 19 adequacy of contracts and concessions bases 1-concession contracts in force shall conform to the provisions of this law within 120 days of your publication. 2-the lack of suitability of the concession agreement within the time limit shall not affect the application of the arrangements provided for in this Act.

Article 20 transitional provisions 1-The misdemeanors and transgressions committed before the date of entry into force of the present law are sanctioned as administrative offences, without prejudice to the application of the regime that specifically show more favourable to staff members, in particular as regards the extent of the penalties. 2-the processes by facts committed before the date of entry into force of this law pending in court on that date 10 continue to run their terms before the courts are, being applicable to them, to the final transit of the decision puts an end to them, the procedural legislation concerning misdemeanors and transgressions. 3-the processes by facts committed before the date of entry into force of this law, whose establishment is carried out at later time, run your terms vis-à-vis the competent administrative authorities. 4-the decisions made by the administrative authorities pursuant to the preceding paragraph appeal in general terms.

Article 21 set Standard 1-With the entry into force of this Act are hereby repealed Decree-Law No. 130/93, of 22 April, and no. 39/97, of 6 February. 2-keep in force the Ordinances No. 762/93, of 27 August, and no. 218/2000, of April 13.

Article 22 entry into force Without prejudice to article 19, the present law shall enter into force 120 days after your publication.

Seen and approved by the Council of Ministers of 15 September 2005 Prime Minister the Minister of Parliamentary Affairs Minister Presidency