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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