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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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334268634459324c5667755a47396a&fich=pap66-X.doc&Inline=false

1 PARLIAMENTARY ASSESSMENT No. 66/X Decree-Law No. 20/2008, of 31 January-"Simplifies the vehicle registration procedure and initiate the ninth amendment to Decree-Law No. 54/75, of 12 February, the seventh amendment to car registration regulation, approved by Decree No. 55/75, of 12 February, the sixteenth amendment to the fee regulation for registries and Notaries approved by Decree-Law No. 322-A/2001, of 14 December, and the second amendment to Decree-Law No. 178/2005 of 28 October "Decree-Law No. 20/2008, of 31 January, which simplifies vehicle registration regime, provides in your article 6, transitional arrangements for the settlement of property transmission records.

The Government justifies, in the explanatory statement that diploma, that "this measure aims to encourage the regularization of the car registration, since it is now very numerous number of vehicles which are registered in the name of previous owners, hindering the performance of the supervisory entities".

In fact, it is known that for a long time, are claimed measures to put a stop to this kind of situations, response to that Decree-Law No. 20/2008, of 31 January, seeks to give to extend legitimacy to call for the record, passing this can be requested by seller in connection with the buyer or the seller, when this is a commercial entity which has as its main activity the purchase of vehicles for resale and intervene within the framework of this activity or an entity by virtue of your activity, carry out on a regular basis to the transmission of ownership of vehicles, in accordance with the limitations laid down by order of the Member of the Government responsible in the area of Justice (refers to the ministerial order No. 99/2008 of 31 January).

2 Simultaneously, and also with the purpose to prevent the registration of the vehicle does not correspond to the present owner, the Government creates the transitional scheme of regularization of car registration during the year of 2008 (the scheme takes effect from 1 January 2008 and applies until 31 December 2008 – cfr. Article 6, paragraph 8 , of Decree-Law No. 20/2008, of 31 January).

However, and incomprehensibly, the Government limits this possibility to cases of property of vehicles acquired before October 31 2005.

I.e. vehicles purchased until 31 October 2005 have the possibility to view the record of your property regulated under the transitional arrangements; the vehicles purchased after that date can no longer benefit from this regime.

Question-if the reason for the establishment of the deadline of October 31 2005.

The only explanation we found, but that is not at all unfounded, is that that date corresponds to the date of entry into force of Decree-Law No. 178/2005 of 28 October, who created the single document (cfr., in fact, in this regard, the provisions of paragraph 1 of article 24 of the ministerial order No. 99/2008 of 31 January regulating the online promotion of vehicle registration, the online vehicle registration certificate, the promotion of vehicle registration acts by the seller which has as main activity vehicle purchases for resale, the promotion of vehicle registration acts by the seller to carry out on a regular basis to the transmission of ownership of vehicles and the online promotion of the registration of the vehicle attachment).

However, the Decree-Law No. 178/2005 of 28 October, did not introduce any standard which allows the situations obviate vehicle log not be carried out on behalf of the current owner, so it makes sense that if set as deadline day 31 of October 3 2005 (date of your entry into force – see article 28 of Decree-Law No. 178/2005 , 28 October).

Indeed, until the entry into force of Decree-Law No. 20/2008, of 31 January, the registration of the transfer of ownership of vehicle fit always to the buyer and the seller at legitimacy.

Only with the entry into force of Decree-Law No. 20/2008, of 31 January, is it extended this legitimacy to the seller together with the buyer or the seller, when this is a commercial entity which has as its main activity the purchase of vehicles for resale and intervene within the framework of that activity or an entity by virtue of your activity proceed on a regular basis to the transmission of ownership of vehicles (Incidentally, also here is not understood, as forward better if will justify, that does not extend to any seller, with the necessary caution, legitimacy for the application for registration).

Therefore, it makes perfect sense that the transitional arrangements apply to vehicles purchased, not by the date of entry into force of Decree-Law No. 178/2005 of 28 October, but until the date of entry of Decree-Law No. 20/2008, of 31 January.

Repeat-if that doesn't make any sense to establish as deadline day 31 of October of 2005 when the Decree-Law No. 178/2005 of 28 October, did not introduce any standard which allows prevent the registration of the vehicle does not correspond to the present owner.

Moreover, the unjustified establishment this deadline creates a situation of inequality between citizens, as illegitimate have acquired and/or disposed of the vehicle before or after October 31 2005, putting in question the respect for the basic principle of equality of citizens before the law.

4 in fact, the principle of equality, constitutionally enshrined in article 13 of the basic law requires equal treatment of situations in fact equal and what the degree of the Government, with the imposition of the deadline of 31 October 2005, is that arbitrarily benefit certain categories of citizens (those who purchased and/or alienated the vehicles until that date) When the de facto situation between them is strictly the same: the transmission of the vehicle has not been registered.

It is also questionable that does not give the citizens in General identical rights, with the appropriate procedural particularities, the conferred to merchants in terms of legitimacy to promote the registration of vehicles.

In fact, the Decree-Law No. 20/2008, of 31 January, allows vendors, in cases which are commercial entities whose main activity to purchase vehicles for resale or entities that carry on a regular basis to the transmission of ownership of vehicles, car registration, but does not allow any other seller can do it even if there is confirmation by the buyer through purchase statement submitted with the application for registration.

Why citizens in General will not be able to, also gives the confirmation by the buyer, to promote the registration of vehicles they sell?

It is incomprehensible, or is justified, that it so don't succeed, which highlights a difference of treatment and obstructs that a significant proportion of car registration corresponds to reality.

Accordingly, under article 162, point (c)) and article 169 of the Constitution of the Portuguese Republic and also articles 4, paragraph 1 (h)), and 189 of the rules of procedure of the Assembly of the Republic, the undersigned, Members of the parliamentary group of the Social Democratic Party, come for the parliamentary assessment of Decree-Law No. 20/2008, of may 31 January that "simplifies the vehicle registration procedure and initiate the ninth amendment to Decree-Law No. 54/75, of 12 February, the seventh amendment to car registration regulation, approved by Decree No. 55/75, of 12 February, the sixteenth amendment to the fee regulation for registries and Notaries approved by Decree-Law No. 322-A/2001, of 14 December , and the second amendment to Decree-Law No. 178/2005 of 28 October.

Palácio de s. Bento, February 2008 The members of PSD,