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First Amendment, By Parliamentary Appreciation, Of Decree-Law No. 20/2008, Of 31 January, Which Simplifies How The Vehicle Registration Procedure And Initiate The Ninth Amendment To Decree-Law No. 54/75, Of 12 February, The Seventh Amendment To Regulat...

Original Language Title: Primeira alteração, por apreciação parlamentar, do Decreto-Lei n.º 20/2008, de 31 de Janeiro, que ¿Simplifica o regime do registo de veículos e procede à nona alteração ao Decreto-Lei n.º 54/75, de 12 de Fevereiro, à sétima alteração ao Regulamento do Reg

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PARLIAMENTARY APPRECIATION NO. 66 /X

Decree-Law No. 20/2008, of January 31-" Simplifies the regime of the registration of

vehicles and proceeds to the ninth amendment to the Decree-Law No. 54/75 of February 12, à

seventh amendment to the Regulation of the Automobile Register, approved by Decree n.

55/75, of February 12, at the sixteenth amendment to the Emolument Regulation of the

Records and the Notariat, approved by the Decree-Law No. 322-A/2001 of December 14, and

to the second amendment to the Decree-Law No 178-A/2005 of October 28 "

The Decree-Law No. 20/2008 of January 31, which simplifies the regime of the registration

of vehicles, provides, in Article 6º, a transitional regime for regularization

of the transmission records of vehicle ownership.

It justifies the Government, in the exhibition of reasons of that diploma, that " This

measure aims to encourage the regularisation of car registration, given that,

currently, it is very numerous the number of vehicles that are in

inscribed on behalf of previous owners, hindering the performance of the

supervising entities ".

In fact, it is known that, since a long time, measures have been claimed for

put an end to this type of situations, response to which the Decree-Law No. 20/2008,

of January 31, seeks to give by extending the legitimacy to ask for the registration,

passing this to power being requested by the seller jointly with the

buyer or by the seller, when this is a commercial entity that

have by main activity the purchase of vehicles for resale and intervening

in the scope of that activity or an entity which, by virtue of its activity,

proceed with a regularity character to the transmission of the property of

vehicles, in the terms and with the limitations set by the member of the member of the

Government responsible in the area of justice (refers to the Portaria No. 99/2008, 31

of January).

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Simultaneously, and also for the purpose of preventing the registration of the vehicle from

do not correspond to the present owner, the Government creates the said scheme

transitional regularization of the automotive register during the year 2008 (the

scheme produces effects as of January 1, 2008 and is applicable until 31 of

December 2008-cfr. article 6º, paragraph 8, of the Decree-Law No. 20/2008, 31 of

January).

However, and incomprehensibly, the Government limits this possibility to the

cases of ownership of vehicles acquired before October 31, 2005.

That is, the vehicles purchased until October 31, 2005 enjoy the

possibility to see the registration of your property regularised under the

transitional arrangements; vehicles purchased after that date no longer can

benefit from that scheme.

It is questioned, since soon, the reason for being of the establishment of the limit date of

October 31, 2005.

The only explanation we find, but which does not constitute, at all,

foundation, is that that date corresponds to the date of the entry into force

of the Decree-Law No. 178-A/2005 of October 28, which created the single document

automobile (cfr., incidentally, in that sense, the provisions of Article 24º (1) of the

Portaria No. 99/2008 of January 31, which regulates the online promotion of

acts of registration of vehicles, the online certificate of registration of vehicles, the

promotion of acts of registration of vehicles by the seller who has by

main activity the purchase of vehicle for resale, the promotion of acts of

registration of vehicles by the seller which proceed with regularity to the

transmission of the ownership of vehicles and the online promotion of the registration of the

penhour of vehicles).

However, the Decree-Law No. 178-A/2005 of October 28 did not introduce

no standard that allows to obviate the situations of the vehicle registration no

be carried out on behalf of the current owner, so it makes no sense that

sets out as a deadline date October 31, 2005 (date of your

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entry into force-cfr. article 28º of the Decree-Law No. 178-A/2005 of 28 of

October).

With effect, until the entry into force of the Decree-Law No. 20/2008, 31 of

January, the registration of the transmission of the vehicle ownership has always been to the

buyer, not having the seller legitimacy to promote it.

Only with the entry into force of Decree-Law No 20/2008 of January 31 is that

is extended that legitimacy to the seller jointly with the buyer or

to the seller, when this is a commercial entity that has by

main activity the purchase of vehicles for resale and intervene in the scope

of such activity or an entity which, by virtue of its activity, proceed

with a regularity character to the transmission of the ownership of vehicles (incidentally,

also here it is not understood, as further forward it will be justified, that not

extend to any seller, with the necessary cautionary, the legitimacy

for the application for registration).

That being so, it makes perfect sense for the transitional regime to apply to the

vehicles purchased, not up to the date of the entry into force Decree-Law No. 178-

A/2005 of October 28, but up to the date of the entry of the Decree-Law n.

20/2008, of January 31.

Repeat that it does not make any sense to establish itself as the cut-off date

on October 31, 2005 when the Decree-Law No 178-A/2005 of 28 of

October, has not introduced any standard allowing to prevent the registration of the

vehicle does not correspond to the current owner.

Incidentally, the unjustified establishment of that boundary date creates a situation of

illegitimate inequality between citizens, depending on those they have acquired and / or

disposed of the vehicle before or after October 31, 2005, thus putting

in cause the respect for the basilar principle of equality of citizens in the face of

law.

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In fact, the principle of equality, constitutionally enshrined in the article

13º of the Basic Law, imposes an equal treatment of de facto situations

equal and what occurs in the Government diploma, with the imposition of the date

limit of October 31, 2005, is that arbitrarily they are benefitted certain

category of citizens (those who have acquired and / or disposed of the vehicles to that

date), when the de facto situation between them is strictly the same: the

transmission of the property of the vehicle has not been the subject of registration.

It is also questionable that it does not give the general citizens identical

rights, with due process particularities, to those conferred on the

car dealers in the matter of legitimacy to promote the

registration of vehicles.

In effect, the Decree-Law No. 20/2008 of January 31, allows the

sellers, in cases where they are commercial entities that have by

main activity the purchase of vehicles for resale or entities that

proceed with a regularity character to the transmission of the property of

vehicles, carry out the car registration, but it does not allow any other

seller can do so even if there is confirmation by the buyer, through

of a statement of purchase submitted with the application for registration.

Because reason citizens in general do not-of power, too, they,

acautelate the confirmation by the buyer, promote the registration of the vehicles that

sell?

It is not understood, nor is it justified, that this so does not succeed, which

evidences a difference in treatment and obstructs that a part

significant of the automotive register corresponds to reality.

In these terms, under the provisions of Article 162º (c) and of the article

169º of the Constitution of the Portuguese Republic and still of the Articles 4, para. 1

item (h), and 189º of the Rules of the Assembly of the Republic, Members

undersigned, from the Parliamentary Group of the Social Democratic Party, come

apply for parliamentary consideration of the Decree-Law No. 20/2008, 31 of

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January, which " Simplifies the regime of the registration of vehicles and proceeds to the ninth

amendment to Decree-Law No. 54/75 of February 12 to the seventh amendment to the

Regulation of the Register of Automobiles, approved by Decree No. 55/75, of

February 12, at the sixteenth amendment to the Emolument Regulation of the

Records and the Notariat, approved by the Decree-Law No. 322-A/2001, 14 of

December, and the second amendment to the Decree-Law No. 178-A/2005, of 28 of

October ".

Palace of S. Bento from February 2008

The Deputies of the PSD,