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Authorizes The Government To Change The Rules Of The Road, Approved By Decree-Law No. 114/94, May 3

Original Language Title: Autoriza o Governo a alterar o Código da Estrada, aprovado pelo Decreto-Lei n.º 114/94, de 3 de Maio

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PROPOSED LAW NO. 177 /X

Exhibition of Motives

The National Highway Safety Authority (ANSR) has come to succeed to the Directorate General of

Viation in the assignments on road counterordinations, as per

set out in the Decree-Law No. 77/2007 of March 29, diploma that approved the structure

organic of the ANSR and set the respective mission and assignments.

In accordance with that diploma and with the Portaria No. 340/2007 of March 30, which

has established the nuclear structure and competences of the services that integrate ANSR, the

emerging counter-ordering processes of road traffic offences pass to be dealt with

centrally, either with respect to the respective instruction, or with regard to the decision

administrative.

On the other hand and from the experience gained from the two years of application of the special scheme

for the processing of road counter-ordinations, which aimed to confer greater

Speed in the effective implementation of sanctions, so as to significantly reduce the hiatus

between the practice of the infringement and the application of the fine, the need for

improvement of that scheme by resorting to the availability of the means provided by the

new technologies, with a view to the pursuit of those ends.

To suit the process of the road counter-ordinations to the new resulting demands

of the current organic of the Ministry of Internal Affairs it is necessary to introduce some

changes to the constant regime of the Road Code.

The proposed amendments to the Road Code are aimed at simplifying the procedures,

being provided for, for example, the possibility of whether to carry out defendants ' respondents,

witnesses and experts with recourse to videoconferencing, from the district capitals, is

introduced the possibility of the proof being registered in digital support, with no need of the

your reduction in writing, will be consecrated the possibility of the President of the Authority

National Road Safety Commission delegating its decision-making competence in the leaders and

ANSR technicians and still the introduction of the qualified electronic signature in the acts

procedural.

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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:

Article 1.

Subject

Permission is hereby granted to the Government to amend the Road Code, approved by the

Decree-Law No 114/94 of May 3, revised and republished by Decree-Law No. 44/2005,

of February 23.

Article 2.

Sense

This Law of Legislative Authorization is granted to allow to expedite the procedure

counter-ordinance of road offences, taking advantage of the means that the new

technologies make available, in order to decrease the hiatus between the practice of the offence and the

administrative decision, without altering the defence guarantees of the accused, withdrawing from the

possibility of the completion of the process in a short space of time, positive repercussions

in terms of road safety.

Article 3.

Extension

The extent of the legislative authorization granted is as follows:

a) The cassation of the driving title when, in a period of five years, the

practice of three very serious counter-ordinations or five counter-ordinations

between serious and very serious, being the cassation ordered in autonomous process

which organizes itself for the verification of the assumptions of the cassation as soon as the

convictions for the counter-ordinations practiced are final, as well as the

allocation of exclusive competence to the President of the National Authority of

Road Safety to decide on the verification of the respective

assumptions and ordering that cassation;

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b) The prediction that the actuation of the cassation of the driving title occurs with the

notification of the cassation;

c) The prediction of the possibility of delegation, with powers of subdelegation, of the

competence for the application of the accessory fines and penalties, as well as of the

disciplinary measures corresponding to the road counter-ordinations by the

chairman of the National Highway Safety Authority (ANSR) in the

leaders and personnel of the higher technical career of the ANSR;

d) The prediction of the possibility of all the procedural acts may be practiced in

computer support, with qualified electronic signature affixing, which

replaces and dispensing, for all purposes, the signature autographs in the process, in

paper support;

e) The respondent, by videoconference, of the defendants, witnesses, experts or

technical advisors, owing the beginning and the end of the recording of their

testimonials, information or clarification appearing on the record;

f) The documentation in audiovisual technical means of the affidavits or

clarifications provided presentially;

g) The integration into the counterordinance process of videographic and the

other audio-visual technical means containing the recording of the respondent of the

defendants, witnesses, experts or technical advisors, not being required

its reduction in writing for the purposes of instruction and administrative decision, nor the

your transcript for the purpose of appeal;

h) The possibility for the offender to provide deposit, in the act of the verification of the against-

ordering or within 48 hours, devening you in this case to be restituted the

respective documents seized.

i) The prediction that the changes that will be introduced to the Code of

Roadside under this Act have immediate application, being applicable to the

cases pending at the date of their entry into force;

j) Authorize the equiparation of the ANSR personnel assigned to the supervisory functions of the

legal provisions on transit and road safety the public authority,

for the purposes of instruction and decision making of road counterordinance processes.

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Article 4.

Deadline

The legislative authorization granted by this Law shall be for the duration of 180 days.

Seen and approved in Council of Ministers of January 3, 2008

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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The National Highway Safety Authority (ANSR) has come to succeed to the Directorate General of

Viation in the assignments on road counterordinations, as per

set out in the Decree-Law No. 77/2007 of March 29, diploma that approved the structure

organic of the ANSR and set the respective mission and assignments.

In accordance with that diploma and with the Portaria No. 340/2007 of March 30, which

has established the nuclear structure and competences of the services that integrate ANSR, the

emerging counter-ordering processes of road traffic offences pass to be dealt with

centrally, either with respect to the respective instruction, or the administrative decision.

On the other hand and from the experience gained from the two years of application of the special scheme

for the processing of road counter-ordinations, which aimed to confer greater

Speed in the effective implementation of sanctions, so as to significantly reduce the hiatus

between the practice of the infringement and the application of the fine, the need for

improvement of that scheme by resorting to the availability of the means provided by the

new technologies, with a view to the pursuit of those ends.

Take the opportunity to clarify the wording of Article 148, relating to cassation

of the driving title, by changing the assumptions of its application and established that the

cassation decision is to be judicially challenged in the terms of the proceedings against-

ordering.

Thus:

In the use of the legislative authorization granted by the Law No. .../2008, of ....., and in the terms of the

points a) and b) of Article 198 (1) of the Constitution, the Government decrees the following:

Article 1.

Subject

The present decree-law adopts measures for improvement and simplification of the means

procedural used, particularly through recourse to informatics and new technologies,

within the scope of the processing of the road counter-ordinations

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Article 2.

Amendment to the Road Code

Articles 131, 148, 169, and 177 and 177 of the Road Code, approved by the Decree-

Law No. 114/94 of May 3, revised and republished by the Decree-Law No. 44/2005, 23 of

February, shall be replaced by the following:

" Article 131.

Scope

Constitutes road counter-ordinance all the unlawful and objectionable fact that

fill in a legal type corresponding to the violation of the standard of the Code of the

Road or supplementary legislation and special legislation whose application

is committed to the National Highway Safety Authority, and to which

be comine a fine.

Article 148.

Cassation of the driving title

1-A practice of three very serious counter-ordinations or five against-

ordinances between serious or very serious in a period of five years has

as a necessary effect the cassation of the title of conductor of the offender.

2-A cassation of the title to which the preceding paragraph is stated is ordered as soon as

the convictions by the counter-ordinations are final, by organizing

autonomous process for verification of the assumptions of the cassation.

3-A who has been cassed title of driving is not granted new title

of driving motor vehicles of any category before decorating

Two years on the effectivation of cassation.

4-A effectivation of the cassation of the driving title occurs with the notification

of the cassation.

5-A The decision of cassation of the driving title is challenging for the courts

judicial terms under the General Regime of Counterings-Ordinances.

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Article 169.

Competence for the processing and application of sanctions

1-The processing of the road counter-ordinations competes with the Authority

National Road Safety Highway.

2-A The competence for the application of the fines and ancillary sanctions belongs

to the president of the National Highway Safety Authority.

3-The chairman of the National Highway Safety Authority may

delegating the competence to which the preceding paragraph is referred to the leaders and

personnel of the top technical career of the National Security Authority

Road.

4-The chairman of the National Highway Safety Authority has

exclusive competence, without power of delegation, to decide on the

verification of the respective assumptions and order the cassation of the title of

driving.

5-In the exercise of its duties, the National Security Authority

Road is coadjured by the police authorities and other authorities or

public services whose collaboration requests.

6-The staff of the National Highway Safety Authority affection to

functions of surveillance of the legal provisions on transit and security

road is equated with public authority, for the purpose of instruction and

decision of road counter-ordering processes.

Article 173.

[...]

1-[...].

2-If the offender does not intend to carry out the immediate voluntary payment of the

cofine, shall provide deposit of value equal to the minimum of the expected fine

for the practicum counterordinance, also immediately or on the deadline

maximum of 48 hours.

3-[...].

4-[...].

5-In the case provided for in the preceding paragraph, guides are to be issued

replacement of the seized documents, with validity for the time

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judged necessary and renewable until the completion of the process, owing the

same to be returned to the offender if in the meantime the offender is made

payment pursuant to the previous article or the deposit pursuant to the n.

2.

6-[...].

Article 177.

Testimonials

1-[...].

2-[...].

3-The accused, the witnesses, experts and technical consultants can be

heard by videoconference, and must appear in the minutes the beginning and term of the

recording of each statement, information or clarification.

4-The affidavits or clarifications collected by videoconference no

are reduced in writing, nor is their transcription necessary for the purpose of

of appeal, and shall be brought together to the copying process of the recordings.

5-The testimonials or clarifications provided presentially may be

documented in audiovisual technical means. "

Article 3.

Amendment to the designation of Chapter I of Title VIII of the Road Code

Chapter I of Title VIII of the Decree-Law No. 114/94 of May 3, revised and

republished by Decree-Law No. 44/2005 of February 23, it becomes assigning

"Competence and Form of Acts".

Article 4.

Addition to the Road Code

It is added to the Road Code approved by the Decree-Law No. 114/94 of May 3,

reviewed and republished by Decree-Law No. 44/2005 of February 23, Article 169, para.

with the following:

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" Article 169.

Form of procedural acts

1-Procedural acts may be practiced in computer support with

qualified electronic signature affix.

2-Procedural acts and documents signed in the terms of the number

previous to replace and waive for any effects the signature

autographs in the process on paper support.

3-For the effects provided for in the preceding paragraphs, it can only be used

the qualified electronic signature in accordance with the legal requirements and

regulations required by the Electronic Certification System of the

State. "

Article 5.

Application in time

The provisions of the Road Code amended by this decree-law have application

immediate, being applicable to the pending proceedings at the date of its entry into force.

Article 6.

Other counter-ordinations

The counter-ordinations provided for in supplementary legislation to the Road Code, well

as in special legislation, the application of which is not committed to the National Authority of

Road Safety and qualified as road counter-ordinations, follow the regime

provided for in Chapter I of Title VI and in Chapters II to V of Title VII and in Chapters II

and III of Title VIII of the Road Code, save if the diploma that created them established

different regime.

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Article 7.

Final disposition

It is committed to the National Highway Safety Authority all the special legislation whose

application found itself committed to the Directorate General of Travel, which has not been ascribe

to other entities.

Seen and approved in Council of Ministers of

The Prime Minister

The Minister of State and Finance

The Minister of the Presidency

The Minister of the Internal Administration

The Minister of Justice