Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334271624445324e4331594c6d527659773d3d&fich=pjl164-X.doc&Inline=false
1 Group BILL No. 164/X defines rules for protecting and strengthening the rights of users to the explanatory statement in recent years the main financial effort on the part of successive Governments of Portugal addressed, in part concerning transport, construction and improvement of roads, with great impact on the construction of a national network of highways that at least call the main Portuguese cities. This fact, combined with the almost absence of strategy and investment in other forms of transport, most Portuguese see forced to opt for individual transportation passenger travel, auto, choosing to do so, almost without exception, the highways.
This choice on the part of the Portuguese, to the generality of the motorway network, cost plus – the payment of a fee (toll)-providing compensation. The advantages of this choice, despite the steep charged in certain movements (class 1 vehicles pay more than 30 euros between Lisbon and Porto ...), are the security, speed and ease of travel, and the user program to your movement, given these advantages, with any degree of certainty.
The State, through successive Governments, decided that the right of a putative economic efficiency, construction, maintenance and operation of the national network of highways would be better delivered if these tasks were the private concession. This, by the way, happens all over Europe. In Portugal, as we all know, these tasks are handed over to a consortium called BREEZE-Auto-Estradas de Portugal 2, s. a., under a Decree before the April 25 1974, whose foundations were successively amended by subsequent degrees. Although not the only concessionaire to operate in our country, the breeze, directly or indirectly, through the holding of shares of these companies, a monopoly of exploitation of the national network of highways.
The concession agreement in force, whose term was abruptly increased in one of the actions that the Government of Santana Lopes had urgency in carrying out establishes the bases that the concessionaire must abide to, among other things, safeguarding the fluidity and safety of traffic in these important routes. One of them requires the company to perform works to increase the number of lanes in each direction if the traffic between certain sections reaching certain volume to precisely comply with your obligation to ensure fluidity and safety of via. For both, it's good to see the traffic in these sections, for the duration of the works, it is irretrievably changed, because often only spends around a carriageway at considerable distances. However, whilst the execution of the work, although the company does not offer a service that guarantees the fluidity, comfort and safety of the journey, the wearer of this same route pay as if the consideration had been fully carried out by the concessionaire. This aspect, for unfair, is expected in the general theory of law and shall be deemed to be incorporated in all contracts: is what is known as the exception of non-compliance, which therefore entitles the wearer not to comply with your obligation – paying the toll. However, as is the rule in all large companies, utilities highways have a vast and well-oiled Legal Department to respond speedily to any intrusion on what they consider to be their rights. This has, of course, the effect of inhibiting the wearer to carry out any action outside the norm because, primarily, is not to be bored by a very high value relative to the time that will certainly spend to confront such legal arsenal. It is therefore necessary that the State through legislative work, clarifying the rights of the users of the highways and the obligations of the concessionaires because the user cannot be harmed due to the fulfilment of an obligation that the concessionaires are freely attached. 3 the Parliamentary Group of the Left block, in which was followed by other groups, presented in September 2004, the draft resolution No. 278/IX, where, as a result of another draft resolution adopted unanimously in January this year, the Government recommended the suspension of the payment of tolls on Aveiras-Santarém, on A1, and strengthening the prevention and safety in that section in the period of duration of the works in which, by the way, there have been numerous accidents during the period of realization of the works, causing immense damage to who used that way.
On the other hand, but also directly related to this legal arsenal available to the dealers, the State has to intervene in the definition of the type of liability that it is for the dealers of highways. What's happening today is that, after lengthy legal proceedings, the case-law of the Portuguese Courts, except rare exceptions, have understood that the responsibility of the concessionaires of the motorways is purely subjective, that is, these only respond for damages caused to users if these prove the fault or negligence of those. So, if, for example, an animal crosses the highway and, via a direct and necessary that causality, damage for the user of the highway, this can only be compensated the same if you can prove the negligence or culpability in the concessionaire's performance of that section. This, in addition to nearly constitute what is known as "evil", leads to the dealers, rather than strive for that concession by circulation takes place safely and free of unforeseen hazards to users, as is your duty, to use the legal means at your disposal to delay a possible compensation if the wearer achieve the improbable. Well, as it happens in Spain and in most countries, the concessionaires of the motorways, as are required to ensure the safety of the roads they yielded, they must direct their efforts to ensure this important requirement to users. To do so, it must be the same dealers to take the burden of proof in case of anomalous occurrence in which are responsible to ensure. Must be the concessionaires, and going back to the example ago pointed out, proving that the animal that caused harm to a user via a private, managed to enter the same despite all the safety requirements have been met pathway by the concessionaire, so that it is not obliged to indemnify the user. 4 Thus, the State, by law, must also intervene in this sense, clarifying obligations to utilities, so that they focus on what must be a priority on a grant of the genre: the safety of the roads.
Therefore, the Parliamentary Group of the Left block, with this legislative initiative seeks justice rules apply on all motorways and, if they exist, consider themselves embedded in the concession contracts in progress, thereby strengthening the rights of users of the motorways milhões and contributing to improving safety.
Thus, in accordance with the rules applicable and constitutional, the Members and the Members of the Left block, present the following draft law: Article 1 subject-matter this Decree-Law sets rules for protecting and strengthening the rights of users of highways and road crossings with toll collection.
Article 2 Scope 1-the provisions of this decree-law applies to all roads integrated into the national network of highways, regardless of the payment of tolls for the use of these routes. 2-the provisions of this decree-law applies to all road crossing in which covers toll for your use. 3-in the case of concession contracts, as provided for in this Decree shall be deemed to be an integral part thereof.
5 article 3 suspension of payment of toll 1-On roads integrated into the national network of highways where they carry out the payment of tolls, toll payment is suspended during the period in which they perform works and pending response to circulation via standard, to the extent corresponding to the flight intervencionado. 2-for the purposes of this diploma, works all works in via movement of which result in the removal of berms, reducing the number of usable roads, deviations from the carriageway or imply a reduction of the maximum speed of movement. 3-for the purposes of paragraph 1, section corresponds to sections in that divided highways. 4-the provisions of the preceding paragraph shall apply, mutatis mutandis, to all road crossings where they carry out the collection of tolls. 5 – the arrangements provided for in this article shall not apply in the case of works with less than 48 hours.
Article 4 mandatory information
1 – when carrying out works on motorways, it is compulsory to placement of informational boards in all areas of access to via. 2-The informational cards shall show, the intervencionado site, the extent of the works, the duration foreseen for the end of the same, the value of toll payable taking into account the provisions of paragraph 1 of the preceding article and alternative routes to major destinations. 3-in the place of execution of the works there must be adequate signage, including horizontal and vertical, two illuminated call, placed at 5 km and 1 km from the beginning of the works, showing the information of the place of performance of the works, the number of roads barred and the recommended speed. 4-on the road crossings, the information referred to in the preceding paragraph should be placed at the beginning of the crossing and immediately prior to the commencement of the works. 6 5-the provisions of this article shall apply even if the duration of the works provided for does not exceed the 48 hours, with the exception of the reference to the value of the toll to be paid.
Article 5 1 Liability-When, as a result of abnormal occurrences to the normal movement on the highways, with or without the payment of toll, resulting in personal injury or property damage to road users via, the burden of proof of compliance with all the security obligations that entities in charge of the conversation and exploration of the path are concerned, it is up to these. 2-for the purposes of the preceding paragraph, if the abnormal circumstances that prevent the regular circulation on the road by strange occurrences to users and to the effective management of the vehicle and risks accruing, namely: the) existence of foreign objects into traffic routes; b) crossing of animals; c) Existence of liquids in via that, by your nature or volume, can lead to loss of control of the vehicle.
Article 6 entry into force the present law shall enter into force 30 days after the publication, with the exception of your article before that shall enter into force on the day of the publication of this decree-law.
Assembly of the Republic, September 22 2005.
The Members and members of left-wing Block
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