Key Benefits:
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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,