Key Benefits:
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PROPOSED LAW NO. 213 /X
PL 130/2008
2008.06.12
Exhibition of Motives
The Programme of the XVII Government sets out as an objective, with respect to the policy of
mobility, a clear bet on increasing safety in all modes of transport
and in the decrease in road sinister claims, going through the use of new technologies
in the supervision of vehicles.
In that scope, the creation of an electronic tuition device, as an element of the
matriculation, constitutes a upgrade technological of traditional tuition, allowing to evolve from the
visual identification system of vehicles for another, more advanced, detection and
electronic identification of the same.
The electronic tuition device, by allowing the practice of automatic procedures
of surveillance, will constitute a fundamental tool for the increment of Security
Road, preventive and reactive and, consequently, for the decrease of the sinister
automobile.
It will also be an added value for the improvement of traffic management and its monitoring
providing key information to support the planning of the infrastructures
road.
The requirement of the installation of the electronic registration device constitutes, by a
side, a necessity, taking into account the public interests that are intended to tutelate, and, by
another, condition for a non-discriminatory treatment among the various holders of the
data.
This system will be able to be used in an integrated manner in the collection of tolls and
other road fees, in accordance with the European standards establishing the
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European Electronic Service of Portage.
The safeguarding of the right to privacy of owners and users of vehicles
automobiles and the issue of the processing of their respective personal data is not called into question
with this system, as the information contained in the electronic device of
matriculation is read in a direct manner with data regarding identification of vehicles
enrolled and not relative to persons, whether owners or mere users.
Thus, there is no change with regard to the access to information of the
owners and users of the vehicles for purposes of supplementary supervision, to which
it will be done as it occurs in the previous legislation, i.e., through interfaces with the system
of registration of already existing property.
In any case, any further use of the electronic device of
matriculation will always depend on the respective compliance with the Data Protection Act
Personal.
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
1. Stay the Government authorized to legislate on the mandatory installation of a device
registration electronic on all motor vehicles, light and heavy, their
trailers and motorbikes, all mopeds, tricycles and quadricycles, and all machines
industrial and towed industrial machinery, targeting identification or detection
vehicle electronics via the electronic registration device for the following purposes
main:
a) Surveillance of compliance with the Road Code and too much road legislation;
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b) Identification of vehicles, specifically for the purpose of recognition of
rugged or abandoned vehicles;
c) Electronic toll collection in accordance with the Electronic Service
European Portage as well as other road and similar rates.
2. The Government shall be authorized to amend the legal diplomas which versem on related matter
with the one referred to in the preceding paragraph.
Article 2.
Sense and extent of legislative authorization
The sense and extent of the legislative authorization are as follows:
a) Consecration of the obligatory of the installation of an electronic device of
tuition in all vehicles referred to in Article 1, including the possibility of
data relationship constant from data bases of organisms and services of the
State, among itself, as well as with information available in other databases
of public or private entities, in the sense of allowing the entities, legally
authorized to do so, access the data strictly indispensable to the effective
performance of their competences in the framework of identification and detection
electronics of vehicles via the electronic registration device;
b) Consecration of the principle that the devices for identification or detection
vehicle electronics, via the electronic registration device, are gifted
of a merely local range, so as to allow the simple recognition of the
vehicles located nearby, in no case may such a
identification to allow the general and permanent location of the vehicles from the
electronic reading of the electronic vehicle registration device in
circulation;
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c) Consecration of a regime applicable to the infringements of the standards constituting the
discipline applicable to the identification or electronic detection of vehicles through the
electronic tuition device, and may, in particular, provide for the punishment
as a counter-ordinance of various offences to that discipline, establishing
specific procedural rules on illicit of mere social ordering in the
scope of the same, with a view to sanctioning offenders in a manner proportional to the
gravity of the offences committed, inter alia, setting the limits of fines
applicable to the agent up to the maximum amount of € 5000, in the case that the offender is
natural person, and up to the maximum amount of € 60000, in the case that the offender is
legal person, predicting the sanctioning of negligence, as well as the
possibility of the charged fines reverting to the state and to the entity that
the applies, in the proportion that comes to be fixed.
Article 3.
Duration
The authorisation granted by this Law shall be for the duration of 300 days.
Seen and approved in Council of Ministers, June 12, 2008
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs
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The Programme of the XVII Government sets out as an objective, with respect to the policy of
mobility, a clear bet on increasing safety in all modes of transport
and in the decrease in road sinister claims, going through the use of new technologies
in the supervision of vehicles.
In that scope, the creation of an electronic tuition device, as an element of the
matriculation, constitutes a upgrade technological of traditional tuition, allowing to evolve from the
visual identification system of vehicles for another, more advanced, detection and
electronic identification of the same.
The electronic tuition device, by allowing the practice of automatic procedures
of surveillance, will constitute a fundamental tool for the increment of Security
Road, preventive and reactive and, consequently, for the decrease of the sinister
automobile.
It will also be an added value for the improvement of traffic management and its monitoring
providing key information to support the planning of the infrastructures
road.
This system will be able to be used in an integrated manner in the collection of tolls and
other road fees, in accordance with the European standards establishing the
European Electronic Service of Portage.
The safeguarding of the right to privacy of owners and users of vehicles
automobiles and the issue of the processing of their respective personal data is not called into question
with this system, as the information contained in the electronic device of
matriculation is read in a direct manner with data regarding identification of vehicles
enrolled and not relative to persons, whether owners or mere users.
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Thus, there is no change with regard to the access to information of the
owners and users of the vehicles for purposes of supplementary supervision, to which
it will be done as it occurs in the previous legislation, i.e., through interfaces with the system
of registration of already existing property.
In any case, any further use of the electronic device of
matriculation will always depend on the respective compliance with the Data Protection Act
Personal.
The National Commission for Personal Data Protection was heard.
Thus:
In the use of the legislative authorization granted by the Law n. [...], de [...], and pursuant to the
points a) and (b) of Article 198 (1) of the Constitution, the Government decrees the following:
Article 1.
Amendment to Decree-Law No 54/2005 of March 3
Articles 1 and 2 of the Decree-Law No. 54/2005 of March 3, as amended
given by the Decree-Law No. 106/2006 of June 8, they are replaced by the following:
" Article 1.
[...]
1-The Regulation of the Registration of Automobiles, Its Trailers, is approved,
Motorcycles, Mopeds, Tricycles, Quadricycles, Industrial Machinery and
Burgeable Industrial Machinery, hereinafter referred to as "Regulation", the text of which
publishes in the annex to the present decree-law and it forms an integral part.
2-[...].
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Article 2.
[...]
1-[...].
2-[...].
3-In the event of a reoccurrence in default by an entity
holder of the authorisation referred to in Article 13 of any of the provisions
constants in Chapter II of the Regulation ora approved, or whenever
check non-compliance with the instructions of the Institute of Mobility and the
Land Transport, I.P. (IMTT, I.P.) relating to the marketing of plate
tuition, can the IMTT, I.P., cancel the said authorization. "
Article 2.
Amendment of the Regulation of the Registration of Cars, Their Trailers, Motorcycles,
Cyclomotors, Tricycles, Quadricycles, Industrial Machinery and Industrial Machines
Tugboats, approved by the Decree-Law No. 54/2005, of March 3
Articles 1, 2, 3, 5 and 8 of the Regulation of the Registration of Automobiles, Their
Trailers, Motorbikes, Mopeds, Tricycles, Quadricycles, Industrial Machinery and
Burgeable Industrial Machinery, approved by Decree-Law No. 54/2005 of March 3,
as it was given by the Decree-Law No. 106/2006 of June 8, they go on
following wording:
" Article 1.
[...]
This Regulation applies to the number of matriculation, plate number and
electronic registration device for cars and their trailers, motorcycles,
cyclomotors, tricycles, quadricycles, industrial machinery and industrial machinery
toghable.
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Article 2.
[...]
[...]
a) 'Matriculation' is the identification element of the vehicle constituted by the
number of tuition listed in the registration plate and a
electronic registration device;
b) [ previous point (a) ];
c) "electronic registration device", electronic device installed
in the vehicle where they sign up, in an electronic form, a code
encripted that allows for your automatic detection and identification by
legally authorized entities, and other characteristics permitting
identify the category of the vehicle;
d) [ previous point (b) ];
e) [ previous point (c) ];
f) [ previous point (d) ];
g) "authorised point of sale", the establishment duly
authorized, pursuant to this Regulation, where they are sold
to the public the plates of registration and / or the electronic device of
tuition.
Article 3.
[...]
1-[...].
2-[...].
3-[...].
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4-[...].
5-With the allocation of the registration number, it is simultaneously awarded the
electronic registration device to be installed in the vehicle.
6-A installation of the electronic registration device is mandatory for all
the vehicles to which this Regulation applies.
7-The electronic registration device transmits its serial number, to
automatic detection and identification.
Article 5.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
6-The license plates of the motorcycles with a cylinder of more than 50 cm3 and
of the tricycles, enrolled as of January 1, 2007, shall comply with the
model V of Annex IV to this Regulation, being constituted by
plastic material.
7-The license plates of the motorcycles with a cylinder of more than 50 cm3 and
of tricycles, enrolled before January 1, 2007, can be substituted
by plate of the model referred to in the preceding paragraph.
8-[...].
9-[...].
10-[...].
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11-[...].
Article 8.
Allocation of registration numbers
1-[...].
2-[...].
3-[...].
4-[...]. "
Article 3.
Addition to the Regulation of the Registration of Automobiles, Their Trailers, Motorcycles,
Cyclomotors, Tricycles, Quadricycles, Industrial Machinery and Industrial Machines
Tugboats, approved by the Decree-Law No. 54/2005, of March 3
Chapter III is added to the Regulation, with the following:
" CAPITCHAPTER III
Purpose and rules of issuance of the electronic registration device
Article 17.
Purpose of the electronic registration device
1-A identification or electronic detection of vehicles through the device
registration electronic, in the terms provided for in Article 3 (5), 6 and 7 of the
this Regulation, is intended for the following main purposes:
a) Enforcement of the compliance of the Road Code and too much legislation
road;
b) Identification of vehicles, specifically for the purpose of
recognition of rugged or abandoned vehicles;
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c) Electronic toll collection in accordance with the Service
European Portage Electronic as well as other road fees and
similar.
2-A use of the electronic tuition device for the purposes set out in the
point ( c) of the previous number, as well as for supplementary purposes or accessories
of those referred to in the same number, is defined by the porterie of the member
Government responsible for the areas of public works, transport and communications.
3-The devices for identification or electronic detection of vehicles through
of the electronic tuition device, will be endowed with a range merely
place, in such a way as to allow the simple recognition of the vehicles located in the
nearby, in no case may such identification allow the
general and permanent location of the vehicles from the reading of the device
electronic vehicle registration of the vehicles in circulation.
Article 18.
Legal effectiveness
The electronic tuition device, when detected in the legal terms by
duly authorized entities, constitutes title rather to prove the
identification of the respective vehicle, in accordance with the official registration of the
same.
Article 19.
Technology
The communication technologies to be used in the electronic tuition device
are defined by portaria of the member of the Government responsible for the areas of
public works, transport and communications.
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Article 20.
Models, requirements and security guarantees
They are defined by porterie of the member of the Government responsible for the areas of
public works, transport and communications, namely, the following
aspects:
a) Official and exclusive models of the electronic registration device and
of the devices for detection and automatic identification;
b) Legal requirements relating to the production, distribution and installation of the
electronic registration device;
c) Technical and safety requirements to be observed in the operation of the
e-identification system of vehicles;
d) Definition of the conditions of authorisation of the entities empowered to
production, distribution and installation of the electronic device of
tuition. "
Article 4.
Competent entity
The references made in the Regulation to the Directorate General of Travel and to the Director-General of
Viation go on to understand how done to the Institute of Mobility and Transport
Terrestrial, I.P. (IMTT, I.P.).
Article 5.
Transitional provisions
The installation of the electronic registration device is mandatory:
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a) For all motor vehicles, light and heavy, their trailers and
motorcycles, enrolled after the entry into force of the Portaria to which the
article 20 of the Regulation;
b) For all cars, light and heavy, their trailers, and motorbikes in
circulation, to which a matriculation has been assigned previously to the entrance
in force of the Portaria referred to in Article 20 of the Regulation, within the period of
12 months after the entry into force of the same;
c) For all cyclomotors, tricycles and quadricycles within 24 months after the
entry into force of the Portaria referred to in Article 20 of the Regulation;
d) For all industrial machinery and togable industrial machinery, on time
of 60 months after the entry into force of the Portaria referred to in Article 20 of the
Regulation or 48 months after the assignment of matriculation.
Article 6.
Entry into force
The present Decree-Law shall come into force on the day following that of its publication.
Seen and approved in Council of Ministers
The Prime Minister
The Minister of State and Finance
The Minister of the Internal Administration
The Minister of Justice
The Minister of Public Works, Transport and Communications
