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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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624445334e7931594c6d527659773d3d&fich=ppl177-X.doc&Inline=false

1 PROPOSAL of law No. 177/X explanatory memorandum to National Road Safety Authority (MOR) succeed to the Directorate-General of Transportation in powers regarding road of contravention, as established in Decree-Law No. 77/2007 of 29 March, order that approved the organic structure of MOR and set its mission and tasks. According to that diploma and with the ministerial order No. 340/2007 of 30 March, which established the nuclear structure and the competences of the services that integrate the MOR, a misdemeanour procedures arising from road traffic offences are processed centrally, whether with regard to their education, either as regards the administrative decision. On the other side and the experience of the two years of application of the special arrangements for the processing of road offences, which aimed at giving greater speed on effective application of sanctions, in order to significantly reduce the gap between the practice of infringement and application of fine, noted the need for improvement of that system, with the availability of the means made available by new technologies with a view to the pursuit of those purposes. To adapt the process of road offences to new demands resulting from the current Ministry of Internal Affairs is necessary to introduce some changes to the regime contained in the highway code. Amendments to the rules of the road for the simplification of procedures and, for example, the possibility of conducting inquiries of defendants, witnesses and experts by videoconference, from the district capital, is introduced the possibility that proves to be recorded in digital form, without need for its reduction to written, will be devoted to the possibility of the President of the National Road Safety Authority to delegate its competence in decision-making and technical leaders MOR and the introduction of qualified electronic signature in procedural acts. 2 like this: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: article 1 subject-matter is granted authorization to the Government to change the rules of the road, approved by Decree-Law No. 114/94, of May 3, revised and republished by Decree-Law No. 44/2005, of 23 February.

Article 2 this law Sense of legislative authorization is granted to allow speed up the procedure for offences of road traffic offences, taking advantage of the ways that new technologies offer, in order to decrease the gap between the practice of infringement and the administrative decision, without changing the guarantees of the accused's defence by removing the possibility of the conclusion of the process in a short period of time , positive repercussions in terms of road safety.

Article 3 extension to extension of legislative authorization granted is as follows: a) the forfeiture of the driving title when, over a period of five years, the practice of three very serious offences or contraventions between serious and five very serious, being the Cassation ordained in autonomous process that organizes for the verification of the assumptions of Cassation as soon as convictions for offences committed are outright as well as the assignment of exclusive jurisdiction to the President of the National Road Safety Authority to decide on the verification of their assumptions and sort that Cassation; 3 b) prediction that the gross weight of the Cassation of the driving title with notice of appeal; c) forecast the possibility of delegation, with powers of subdelegation, within the jurisdiction for enforcement of fines and penalties, as well as disciplinary measures corresponding to road offences by the President of the National Road Safety Authority (MOR) in the leaders and staff of superior technical career of MOR; d) predicting the possibility of all procedural acts may charged in computer-readable form, with placing of qualified electronic signature, which replaces and dispensing, for all intents and purposes, the signature sign in process, on paper; and cross-examination, videoconferencing), the accused, witnesses, experts or technical consultants, and the beginning and end of the recording of her testimony, information or clarification be included in the minutes; f) documentation on technical means of audiovisual testimony or clarifications provided in person; g) integration in the process of administrative offense videográficos records and other technical means containing audiovisual recording of the cross-examination of the accused, witnesses, experts or technical consultants, not being required to reduce the writing for the purposes of instruction and administrative decision or your transcript for the purposes of appeal; h) the possibility of the offender to pay deposit, upon checking the against-or within 48 hours, and you in this case be returned their documents seized. I) prediction that the changes that will be introduced to the highway code under this law have immediate application, being applicable to cases pending at the date of its entry into force; j) authorise the assimilation of supervisory functions assigned to MOR legal provisions on the transit and road safety to public authority, for the purposes of education and decision processes of administrative offense. Article 4 Term 4 the legislative authorization granted by this law lasts for 180 days. Seen and approved by the Council of Ministers of January 3 2008 the Prime Minister, the Minister of the Presidency for Parliamentary Affairs Minister 5 the National Road Safety Authority (MOR) succeed to the Directorate-General of Transportation in powers regarding road of contravention, as established in Decree-Law No. 77/2007 of 29 March, order that approved the organic structure of MOR and set its mission and tasks. According to that diploma and with the ministerial order No. 340/2007 of 30 March, which established the nuclear structure and the competences of the services that integrate the MOR, a misdemeanour procedures arising from road traffic offences are processed centrally, whether with regard to their education, or administrative decision. On the other side and the experience of the two years of application of the special arrangements for the processing of road offences, which aimed at giving greater speed on effective application of sanctions, in order to significantly reduce the gap between the practice of infringement and application of fine, noted the need for improvement of that system, with the availability of the means made available by new technologies with a view to the pursuit of those purposes. Take the opportunity to clarify the wording of article 148 on the forfeiture of the driving title, changing the assumptions of its application and established that the impeachment decision is judicially reviewable in accordance with the procedure of administrative offences. So: the use of legislative authorization granted by law No .../2008, of ..., and pursuant to points (a)) and b) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: Article 1 subject-matter this decree-law adopts measures for improvement and simplification of procedural means used, including through the use of computers and new technologies within the processing of road offences 6 article 2 amendment to the highway code articles 131 , 148, 169, 173 and 177 of the highway code, approved by Decree-Law No. 114/94, of May 3, revised and republished by Decree-Law No. 44/2005, of 23 February, are replaced by the following: ' article 131 Framework Constitutes a misdemeanour that entire road illicit objectionable fulfilling a legal type corresponding to the standard violation of the highway code or supplementary legislation and special legislation whose application is committed to National Security Authority Bus station, and for which a fine comine.
Article 148 Cassation driving title 1-the practice of three very serious offences or of five administrative offences between severe or very severe over a period of five years has required the forfeiture effect of driving the offender. 2-the appeal of title referred to in the preceding paragraph is ordered as soon as convictions for misdemeanors are definitive, organized process for verification of the assumptions of Cassation. 3-who have been impeached driving title is not granted new title of motor vehicles driving in any category earlier than two years on the implementation of the impeachment. 4-the gross weight of the Cassation of the driving title with notice of appeal. 5-the decision of Cassation driving title is open to the courts in accordance with the General system of administrative offences. 7 Article 169 Competence for the processing and application of sanctions

1-the processing of the National Authority is responsible for road offences to road safety. 2-the competence for the application of fines and penalties belongs to the President of the National Road Safety Authority. 3-the President of the National Road Safety Authority may delegate the powers referred to in the preceding paragraph in the leaders and staff of superior technical career of National Road Safety Authority. 4-the President of the National Road Safety Authority has exclusive competence, without power of delegation, to decide on the verification of their assumptions and order the forfeiture of the title. 5-in the performance of their duties, the National Road Safety Authority is assisted by the police and other authorities or public services whose collaboration request. 6-the staff of the National Road Safety Authority assigned the supervisory functions of the legal provisions on the transit and road safety is equated with public authority, for the purposes of education and decision processes of administrative offense.
Article 173 [...]

1 - […]. 2-If the offender does not wish to make the voluntary payment of the fine immediately, should pay deposit of value equal to the minimum fine provided for the administrative offense practiced, either immediately or within a maximum of 48 hours. 3 - […]. 4 - […]. 5-in the case referred to in the preceding paragraph shall be issued replacement guides of the documents seized, with validity for the time deemed necessary and 8 renewable until the conclusion of the process, and be returned to the offender if the payment is made in accordance with the previous article or the deposit pursuant to paragraph 2. 6 - […].

Article 177 Testimonials 1-[...]. 2 - […]. 3-the accused, witnesses, experts and technical consultants can be heard by videoconference, and the record of the beginning and end of the recording of each statement, information or clarification. 4-the statements or information collected by videoconference are not reduced to writing, or requiring your transcript for the purposes of appeal, and shall be attached to the copy of the recording process. 5-the testimony or clarifications provided in person can be documented in audiovisual technical means.»

Article 3 amendment to the designation of Chapter 1 of Title VIII of the highway 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 23 February, is again renamed to "competence and form of acts '.
Article 4 Amendment to the highway code is added to the highway code approved by Decree-Law No. 114/94, of May 3, revised and republished by Decree-Law No. 44/2005 of 23 February, the article 169-A, with the following text:% quot% article 9 169-the form of procedural acts 1-procedural acts may be charged in computer-readable form with placing of qualified electronic signature. 2-The procedural acts and documents signed in accordance with the preceding paragraph shall replace and dispense to any effects to sign signature on the paper-based process. 3-for the purposes set out in the preceding paragraphs, may be used only the qualified electronic signature in accordance with the legal requirements and regulations required by the electronic certification system of the State.»

Article 5 application at the time the provisions of the Highway Code amended by this decree-law have immediate application, being applicable to cases pending at the date of its entry into force.

Article 6 Other administrative offences provided for in The legislation breaches complementary to the highway code, as well as in special legislation, the application of which is not committed to the National Road Safety Authority and classified as misdemeanors, follow the arrangements laid down 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 highway code unless the diploma created establish different regime. 10 article 7 final provision is committed to National Road Safety Authority all the special legislation which was committed to the General Directorate of Traffic, that has not been assigned to other entities.

Seen and approved by the Council of Ministers of the Prime Minister and State Minister of Finance Minister of the Presidency Minister of Internal Affairs the Minister of Justice