Approving The Sanctions Regime Applicable Transgressions Occurred In Collective Passenger Transport

Original Language Title: Aprova o regime sancionatório aplicável as transgressões ocorridas em matéria de transportes colectivos de passageiros

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1 PROPOSAL of law No. 41/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 administrative offences of the unlawful today set out in 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. In the specific case of infringements in the use of means of transport of passengers, the sanctions regime has been established for nearly three decades, with the approval of Decree-Law No. 108/78, of 24 may, and haven't met since then, any review of a systematic nature. Therefore, at present, provide the appropriate enabling instruments system, simultaneously, to prevent and penalise fraudulent use of public transport. At the same time, it is appropriate to relieve the courts of the load that represents the amount of processes that they see being implemented in compliance with the provisions of the Decree-Law No. 108/78, of 24 may, framing this type of offences within 2 of the mere social ordering illegal. So, within their respective powers and competencies, the General Directorate of land transport and inland waterways and the National Institute of rail transport are the entities responsible for instruction 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. Finally, attention must be drawn to the consecration of a transitional regime for the 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 lays down the conditions for the use of the transport document valid for public transport, your surveillance rules compliance and sanctions applicable to users in the event of infringements.

Article 2 3 1 transport system-the use of collective passenger transport system can be made only by someone who holds a valid transport. 2-for the purposes of the preceding paragraph, the use starts at a time when the passenger: a) transposes the doorways of trains, buses, trolley buses and trams; b) enters the boat pier or pier train stations access, in cases where such access is limited, and the subway or light rail, subsisting as does not exceed the corresponding output channels. 3-access channels and output are delimited by a line defined by the existing validators in the lobby of the stations or fixed devices intended to control the inputs and outputs or for any kind of signage for the effect. 4-whenever the sale of transport is not ensured in access or pier, the passenger must carry out your purchase in transit. 5-the provisions of the preceding paragraph shall not apply to the carriage of passengers by Metro or light rail.

Article 3 no Transport cost by 1 user-the passenger entitled to transportation at no cost by the user shall carry a transport document stating that right. 2-the passenger entitled to pass must carry proof of such transport document or document exempt from payment. 3-in case of non-compliance with the preceding paragraphs, the passenger is considered a passenger without valid transport document, applying the provisions of article 7 article 4 preservation and display of the title 1 transport-the passenger is obliged to keep the transport document valid throughout the period of use, in particular to the exit of the station or the wharf where the Metropolitan , the light rail and inland waterway and rail transport. 4 2-the passenger must present the title to transport your monitoring agents whenever requested to do so.

CHAPTER II article 5 Surveillance 1 surveillance agents-the inspection of tickets and other tickets in trains, buses, trolleybuses, trams, River, rail transport, subways and light rail, in its area of action, supervisory agent of the concessionary companies of collective transport of passengers. 2-The supervisory agents referred to in the preceding paragraph are duly sworn and accredited.

Article 6 identification of the passenger 1 – 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-the identification is made upon presentation of their identity card or any other authentic document which permits the identification or, in your absence, through a witness identified under the same terms.

CHAPTER III administrative Regime article 7 lack of transport document valid 1-lack of transport document valid, invalid transport document view or refusal of your view on the use of collective passenger transport system in trains, buses, trolleybuses, trams, River, rail 5 transport, Metro and light rail, is punished with a fine of minimum value corresponding to 100 times the amount in effect for the lowest ticket value and value maximum corresponding to 150 times that amount, with the respect of the ceilings laid down in article 17 of the general regime of the social ordering and merely illicit, 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 , 17 December, and by law No. 109/2001, of 24 December. 2-note of lesser value, for the purposes of the preceding paragraph, the Board or, in cases where this does not exist, the single ticket valid for the route and mode of transport concerned. 3-it's considered invalid: transport document) the transport document entitled reducing the price without proof of entitlement to the reduction; (b)) the transport document whose validity has expired; c) the transport document not valid for the career path, area, line, train or class in which the user is travelling; d) the transport document, as such if you understand all that which is changed in their characteristics, particularly for deletions; and) the title of transportation without validation, in cases where this is required; f) the transport document name that does not belong to the user; g) the transport document made without one of its constituent elements; h) the transport document name whose constituent elements do not match each other; I) the transport document name whose electronic register is tampered with or damaged; j) the transport document name whose number of Subscriber is silent on transport or when your registration does not correspond to the number of the card; l) the transport document made out in which is glued seal reproduction marketed by transport companies of collective passenger transport; m) the transport document on condition that does not permit the verification of your identification or validity. 4-verification of subparagraphs (a) and) m) above determines the immediate seizure of transport by supervisory agents. 6 5-negligence is punishable, being reduced by one third the minimum and maximum limits of fines applied pursuant to this article.

Article 8 Auto News 1-When the supervisory agent, in the course of their duties, to witness a misdemeanour provided for in the previous article, auto news, mining 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 by the minimum value of the ticket and in debt, 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, until proven otherwise. 3-the news is nonetheless drawn up, even though the offence as repute autuante not punishable and should, however, make mention of the condition. 4-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. 5-the refusal to accept a notice of payment of the fine does not affect the course of the process.

7 article 9 voluntary payment of the fine 1-the fine paid immediately to the supervisory agent, or within five working days of the notification provided for in paragraph 4 of article 8, the operator of transportation service in question is settled at least reduced by 20%. 2-If the defendant does not use the College granted in the preceding paragraph, the operator of transportation service in question sends the auto news to competent authority, establishing, within the competence provided for in this law, the corresponding infraction process, and notifies the accused, joining the duplicate notification auto news. 3-the defendant may, within twenty working days of the notification referred to in the previous paragraph, proceed to the voluntary payment of the fine, at least with the purpose set out in the following paragraph, or present your defense, in writing, with an indication of witnesses, up to a maximum of three, and other means of proof. 4-the voluntary payment of fines can only be carried out at the same time was settled the outstanding ticket value. 5-the voluntary payment of the fine pursuant to the preceding paragraphs determines a dismissal. 6-in the Act of voluntary payment of the fine, made pursuant to the preceding paragraphs, shall be issued the appropriate receipt.

Article 10 jurisdiction to the process the Directorate-General of land transport and inland waterways is the entity responsible for the introduction and instruction of a misdemeanour procedures referred to in this law, as well as for the decision to apply the respective fines, with the exception of lawsuits relating to rail transport modes, whose jurisdiction rests with the National Institute of rail transport.

Article 11 product Distribution of fines 8 1-If the fine is paid directly to the operator of transportation service in question, the product of the fine is distributed as follows: 60% for) operator of the transport service in question; b) 40% for the State. 2-If the fine is paid after the establishment of the administrative process by the competent authority, the product of the fine is distributed as follows: 25%) operator of the transport service in question; b) 35% for the entity responsible for the instruction of a misdemeanour; c) 40% for the State.

Article 12 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 13 1 of concession-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 14 transitional Scheme 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 that scheme 9 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 Act are pending in court on that date 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 15 Standard set With the entry into force of this Act are hereby repealed Decree-Law No. 108/78, May 24, and no. 110/81, of May 14, as well as paragraph 1 of article 43 of Regulation for exploration and Police of the railways, approved by Decree-Law No. 39 780, of 21 August 1954.

Article 16 entry into force Without prejudice to article 13, the present law shall enter into force 120 days after your publication.

Seen and approved by the Council of Ministers of 15 September 2005.

The Prime Minister, the Minister of Parliamentary Affairs Minister Presidency