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PROPOSED LAW No. 41/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 give account of the urgency in realizing the right of the

counter-ordinations, concern that has been demonstrating perfectly

justified by the experiment, making it expedient to submission to the regime of the against-

ordering of the illicit still today envisaged 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 case of the offences in the use of collective means of transport of

passengers, the sanctionatory regime was established almost three decades ago, with the

approval of Decree-Law No 108/78 of May 24 and has not known since then

any review of a systematic character.

It matters, as, at the current time, to provide the appropriate instrument system that

allow, simultaneously, to prevent and sanction the fraudulent use of transport

collective.

In parallel, it is justified to relieve the courts of the cargo which represents the amount of

processes that they see being instituted in fulfillment of the provisions of the cited

Decree-Law No. 108/78 of May 24, framing this type of offences in scope

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of the illicit of mere social ordering. Thus, within the framework of their respective assignments and

competencies, the General Directorate of Terrestrial and Fluvial Transport and the Institute

National of Railway Transport become the entities responsible for the

instruction and final decision of the procedure, without prejudice to the possibility of appeal

judicial, 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.

Finally, it should be pointed out the consecration of a transitional regime for the

contraventions and transgressions practiced prior to the date of the entry into force of the present

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 sets out the conditions for the use of the valid transport title in the

collective transport, the rules for the monitoring of their compliance and the sanctions

applicable to users in the event of an infringement.

Article 2.

Use of the transport system

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1-A The use of the collective passenger transport system can be made only

by who holds a valid transport title.

2-For the purposes of the provisions of the preceding paragraph, the use starts at the time in

that the passenger:

a) It transposes the entrance doors of trains, buses, troleybuses and cars

electric;

b) Enter the boarding pier for the boats or on the access pier of the stations

trains, in cases where such access is limited, and of the metropolitan or metro

slight, remaining while not exceeding the respective channels of exit.

3-The access and output channels are delimited by the line defined by the validators

existing in the atrium of the stations or by fixed devices intended to control the

inputs and outputs or, still, by any kind of own synaltics to the effect.

4-Where the sale of the title of transport is not secured on the quays of

boarding or access, the passenger must carry out his / her purchase in transit.

5-The provisions of the preceding paragraph shall not apply to the carriage of passengers by

metropolitan or light metro.

Article 3.

Transport at no cost by the user

1-The passenger entitled to transport at no cost by the user shall be bearer of

a title of proof transport of that right.

2-The passenger entitled to free-transit shall be bearer of transport title

proof of this right or document that the exempt from the payment.

3-In the event of non-compliance with the provisions of the preceding paragraphs, the passenger is

considered passenger without valid transport title, applying it the willing

in Article 7 para.

Article 4.

Conservation and exhibition of the title of transport

1-The passenger is obliged to conserve the valid transport title throughout the

period of use, specifically up to the exit of the station or the quay in cases

of the metropolitan, the lightweight metro and the river and rail transport.

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2-The passenger shall submit his / her title of carriage to the supervisory officers

whenever for this to be requested.

CHAPTER II

Surveillance

Article 5.

Agents of surveillance

1-A the supervision of tickets and other transport titles in trains, buses,

troleybuses, electric cars, river transport, rail, metropolitan and

light metre is carried out, in the respective area of acting, by agents of

supervision of the companies dealerships of collective passenger transport.

2-The supervisory officers referred to in the preceding paragraph shall be duly

ajurred and accredited.

Article 6.

Identification of the passenger

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

authentic document that allows identification or, in its absence, through a

witness identified on the same terms.

CHAPTER III

Counterordinational regime

Article 7.

Lack of valid transport title

1-A lack of valid transport title , the invalid transport title display or the

refusal of its display in the use of the collective transport system of

passengers, in trains, buses, troleybuses, electric cars, transport

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fluvial , railway, metropolitan and light meter, is punishful with fine value

minimum corresponding to one hundred times the amount in force for the minor ticket

value and maximum value corresponding to one hundred and fifty times the said

amount, with respect for the maximum limits provided for in Article 17 of the scheme

general of the illicit of mere social ordering and 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-The lowest value ticket is considered, for the purposes of the provisions of the preceding paragraph, the

board ticket or, in cases where this does not exist, the simple ticket vigour for

the pathway and mode of transport in question.

3-It is considered invalid transport title:

a) The title of transport entitled to the reduction of the price, without making proof of the right

to that reduction;

b) The title of carriage whose term of validity has expired;

c) The title of transport not valid for career, pathway, area, line, train

or class in which the utterer finds himself travelling;

d) The title of addict transport, as such if understanding all that one that if

finds altered in its characteristics, specifically by rash;

e) The title of transport without validation, in cases where this is required;

f) The title of nominative transport that does not belong to the utent;

g) The title of nominative transport without one of its constitutive elements;

h) The title of nominative transport whose constitutive elements do not present

correspondence with each other;

i) The title of nominative transport whose electronic record is found to be doctored

or damaged;

j) The title of nominative transport whose subscriber number is missing in the

transport seal or when your enrolment does not correspond to the number of the

card;

l) The title of nominative transport in which is coloured reproduction of the seal of

transportation marketed by the collective passenger transport companies;

m) The title of transport in a state of conservation that does not allow verification

of your identification or validity.

4-A verification of the provisions of the provisions e) a m) of the previous number determines the

immediate seizure of the title of transport by the supervisory officers.

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5-A negligence is punishable, being reduced by one-third the minimum and maximum limits

of the fines applicable in the terms of this Article.

Article 8.

Auto news

1-When the supervisory agent, in the performance of his duties, presences

counter-ordinance provided for in the previous article, lavish auto news, of which it must

record:

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 and

of the value of the ticket in debt, as well as the deadline and the place for the purpose and the

consequences of non-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

witnessed by the autuante, until proven otherwise.

3-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.

4-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.

5-A refusal to receive the notice of payment of the fine is without prejudice to the tramway of the

process.

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Article 9.

Voluntary payment of the fine

1-A fine paid immediately to the supervisory agent, or, within five days

useful to be recount from the notification provided for in Article 8 (4), in the premises of the

exploitative company of the transport service in question, is settled at least

reduced by 20%.

2-Should the defendants not use the faculty conferred on the previous number, the company

explorer of the transport service in question sends the news self to the entity

competent, which instaura, within the scope of the competence provided for in this Law, the

corresponding counterordinance process, and notifies the accused, joining the

duplicate notification of the news self.

3-The defendants may, within twenty working days, count of the notification referred to in the

previous number, proceed to voluntary payment of the fine, at the earliest, with the

effect set out in the following number, or present its defence, in writing, with the

indication of witnesses, up to the limit of three, and other means of proof.

4-The voluntary payment of the fine can only be carried out if simultaneously it was

settled the value of the ticket in debt.

5-The voluntary payment of the fine in the terms of the preceding paragraphs determines the

archiving of the process.

6-In the act of voluntary payment of the fine, carried out in the terms of the numbers

previous, the respective receipt is issued.

Article 10.

Competence for the process

The Directorate General for Terrestrial and Fluvial Transport is the competent entity for the

introduction and instruction of the counterordinance processes referred to in this Law,

as well as for the decision to apply for the respective fines, with the exception of

processes concerning the modes of rail transport, the competence of which is up to the

National Institute of Railway Transportation.

Article 11.

Distribution of the product of the fines

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1-Should the fine be paid directly to the exploitative company of the transport service

in question, the product of the fine is distributed as follows:

a) 60% for the exploitative company of the transport service in question;

b) 40% for the State.

2-Should the fine be paid after the establishment of the counterordinational process by the

competent entity, the product of the fine is distributed as follows:

a) 25% for the exploitative company of the transport service in question;

b) 35% for the entity with competence for the instruction of the processes of

counter-ordering;

c) 40% for the State.

Article 12.

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 13.

Adequacy of concession contracts

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 14.

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

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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

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 15.

Abrogation standard

With the entry into force of this Law, the Decrees-Laws No. 108/78, shall be repealed.

May 24, and paragraph 110/81, of May 14, as well as Article 43 (1) of the

Regulation for the Exploration and Police of the Railways, approved by the

Decree-Law No. 39780 of August 21, 1954.

Article 16.

Entry into force

Without prejudice to the provisions of Article 13, 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