Authorizes The Government To Legislate On The Mandatory Installation Of An Electronic Registration Device In All Light And Heavy Motor Vehicles, Their Trailers And Motorcycles, All Motorcycles, Motor Tricycles And Quadricycles And All Machines In

Original Language Title: Autoriza o Governo a legislar sobre a instalação obrigatória de um dispositivo electrónico de matrícula em todos os veículos automóveis, ligeiros e pesados, seus reboques e motociclos, todos os ciclomotores, triciclos e quadriciclos e todas as máquinas in

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449784d7931594c6d527659773d3d&fich=ppl213-X.doc&Inline=false

1 PROPOSAL of law No. 213/X 130/2008 PL 2008.06.12 explanatory memorandum of the XVII Government programme defines as objective as regards mobility policy, a clear bet on increased security in all modes of transport, and in reducing road accidents, through the use of new technologies in the monitoring of vehicles. In this context, the creation of an electronic registration device, as part of the registration, is a technological upgrade of the traditional plates, allowing the visual identification system evolve for another, more advanced, detection and electronic identification. The electronic registration device, by allowing the practice of automatic supervisory procedures, will be a key tool to increase road safety, preventive and reactive and, consequently, to reduce automobile accidents. It will also be an asset for the improvement of traffic management and its monitoring by providing essential information to support the planning of road infrastructure. The obligatory installation of electronic registration device is, on the one hand, a need, taking into account public interests intended to protect, and, on the other, a condition of a non-discriminatory treatment among the various holders of the data. This system could be used in an integrated manner in the collection of tolls and other fees, in accordance with the European standards laying down the European electronic toll Service 2. The safeguarding of the right to privacy of the owners and users of motor vehicles and the issue of the treatment of their personal data is not concerned with this system, since the information contained in the electronic registration device is read directly with data relating to the identification of vehicles registered and not 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 vehicles for the purposes of supplementary supervision, which will be made as occurs in the previous legislation, i.e. through interfaces with the system of registration of existing property. In any case, any additional use of electronic registration device will depend on the compliance with the Personal Data Protection Act. So: 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 1. Is the Government allowed to legislate on the mandatory installation of an electronic registration device in all light and heavy motor vehicles, their trailers and motorcycles, all motorcycles, motor tricycles and quadricycles and all industrial and towable industrial machines machines for identification or electronic detection of vehicles through electronic registration device the following main purposes : a) the enforcement of the highway code and other road legislation; 3 b) identification of vehicles, in particular for the purposes of recognizing hilly or abandoned vehicles; (c) Electronic Collection of tolls) in accordance with the European electronic toll service as well as other road and similar rates. 2. The Government is authorized to amend the legislation that focus on related matters with the previous paragraph. Article 2 purpose and extent of legislative authorization the sense and the extent of legislative authorization are as follows: a) consecration of the compulsory installation of an electronic registration device in all vehicles referred to in article 1, including the possibility of relationship of information contained in databases of the State bodies and departments, among themselves as well as with information available in other databases of public or private entities in order to allow the legal entities authorised for the purpose, access the data strictly necessary to the effective performance of their responsibilities within the framework of the identification and electronic detection of vehicles through electronic registration device; b) Consecration of the principle that the identification devices or electronic vehicle detection, through electronic registration device, are fitted with purely local in scope, so as to enable the simple recognition of nearby vehicles, and may not, under any circumstances, that ID allow General and permanent location of the vehicles from the electronic reading of the electronic registration of vehicles in circulation; 4 c) Consecration of a regime applicable to infringements of the rules that constitute the discipline applicable to identification or electronic vehicle detection through electronic registration device, which may, in particular, to provide for the punishment as offences several infringements to this discipline, establishing specific procedural rules merely social ordering unlawful under the same, in order to punish the offenders so proportional to the gravity of the offences committed in particular, fixing the limits of the fines applicable to the agent until the maximum amount of € 5000, in the case of the offender be natural person, and up to the maximum amount of € 60000, in the case of the offender be legal person, by providing for the sanctioning of negligence, as well as the possibility of fines charged reverse for the State and for the entity that applies in proportion to be fixed. Article 3 Duration the authorisation granted by this law lasts for 300 days.

Seen and approved by the Council of Ministers, June 12 2008 the Prime Minister, the Minister of the Presidency for Parliamentary Affairs Minister 5 the XVII Government programme defines as objective as regards mobility policy, a clear bet on increased security in all modes of transport, and in reducing road accidents, through the use of new technologies in the monitoring of vehicles. In this context, the creation of an electronic registration device, as part of the registration, is a technological upgrade of the traditional plates, allowing the visual identification system evolve for another, more advanced, detection and electronic identification. The electronic registration device, by allowing the practice of automatic supervisory procedures, will be a key tool to increase road safety, preventive and reactive and, consequently, to reduce automobile accidents. It will also be an asset for the improvement of traffic management and its monitoring by providing essential information to support the planning of road infrastructure. This system could be used in an integrated manner in the collection of tolls and other fees, in accordance with the European standards laying down the European electronic toll service. The safeguarding of the right to privacy of the owners and users of motor vehicles and the issue of the treatment of their personal data is not concerned with this system, since the information contained in the electronic registration device is read directly with data relating to the identification of vehicles registered and not to persons, whether owners or mere users.

6 Thus, there is no change with regard to the access to information of the owners and users of vehicles for the purposes of supplementary supervision, which will be made as occurs in the previous legislation, i.e. through interfaces with the system of registration of existing property. In any case, any additional use of electronic registration device will depend on the compliance with the Personal Data Protection Act. Was heard the National Commission for the protection of personal data. So: the use of legislative authorization granted by law no [...] of [...], and pursuant to points (a)) and b) of paragraph 1 of article 198 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 Decree-Law No. 54/2005, of 3 March, as amended by Decree-Law No. 106/2006 , June 8, are replaced by the following: ' article 1 [...] 1-is approved the Regulation of the registration of motor vehicles, Trailers, Motorcycles, Mopeds, tricycles, Scooters, industrial and Towable industrial machines Machines, hereinafter referred to as ' the regulation ', the text of which publishes annexed to this decree-law and it is an integral part. 2 – […].


7 article 2 [...] 1 – [...]. 2 – […]. 3-In case of recurrence in the failure on the part of an entity which holds the authorisation referred to in article 13 of any of the provisions set out in chapter II of the Regulation now adopted, or where there is non-compliance with the instructions of the Office of mobility and land transport, I.P. (IMTT, I.P.) concerning the marketing of number plates can the IMTT, I.P., cancel that authorization. ' Article 2 amendment to regulation of the registration of motor vehicles, Trailers, Motorcycles, Mopeds, tricycles, Scooters, industrial and Towable industrial machines Machines, approved by Decree-Law No. 54/2005, of March 3 articles 1, 2, 3, 5 and 8 of the regulations for the registration of motor vehicles, Trailers, Motorcycles, Mopeds, tricycles, Scooters, industrial and Towable industrial machines Machines, approved by Decree-Law No. 54/2005 , March 3, as amended by Decree-Law No. 106/2006, of June 8, are replaced by the following: ' article 1 [...] This Regulation shall apply to the registration number, license plate number and electronic registration device of automobiles and trailers, motorcycles, mopeds, tricycles, scooters, industrial and towable industrial machines machines. 8 article 2 [...] […] the ' Registration ') is the element consisting of the vehicle identification number on the registration plate and an electronic registration device; b) [previous (a))]; c) ' electronic registration device», electronic device installed in the vehicle register, electronic form, an encrypted code that allows its automatic identification and detection by legally authorised entities, and other characteristics that identify the category of vehicle; d) [previous subparagraph (b))]; e) [previous subparagraph (c))]; f) [former subparagraph (d))]; g) ' authorized point of sale, the establishment authorized in accordance with this regulation, where they are sold to the public number plates and/or the electronic registration device. Article 3 [...] 1 – [...]. 2 – […]. 3 – […]. 9 4 – […]. 5-With the assignment of registration number, is simultaneously assigned the electronic registration device to be installed on the vehicle. 6-Installing the electronic registration device is mandatory for every vehicle to which this Regulation applies. 7-the electronic registration device transmits its serial number, for the detection and automatic identification. Article 5 [...] 1 – [...]. 2 – […]. 3 – […]. 4 – […]. 5 – […]. 6-The registration plates of motorcycles with a cylinder capacity exceeding 50 cm3 and tricycles, registered from 1 January 2007, shall comply with model V of annex IV to the present Regulation, being made of plastic material. 7-The registration plates of motorcycles with a cylinder capacity exceeding 50 cm3 and tricycles, registered before 1 January 2007, can be replaced by the model referred to in the preceding paragraph. 8 – […]. 9 – […]. 10-[...]. 10 11-[...]. Article 8 registration number Assignment 1 – [...]. 2 – […]. 3 – […]. 4 – […].» Article 3 Amendment to regulation of the registration of motor vehicles, Trailers, Motorcycles, Mopeds, tricycles, Scooters, industrial and Towable industrial machines Machines, approved by Decree-Law No. 54/2005, of March 3 is added in chapter III to the regulation, with the following wording: «CHAPTER III purpose and rules of issuance of the electronic registration device article 17 purpose of electronic registration device 1-identification or electronic vehicle detection through electronic registration device laid down in paragraphs 5, 6 and 7 of article 3 of this regulation, shall be for the following main purposes: a) the enforcement of the highway code and other road legislation; b) vehicle identification, including for the purposes of recognizing hilly or abandoned vehicles; 11 c) Electronic Collection of tolls in accordance with the European electronic toll service as well as other road and similar rates. 2 – the use of electronic registration device for the purposes specified in subparagraph (c)) of the previous paragraph, as well as for additional purposes or accessories than those referred to in paragraph 1, is defined by order of the Member of Government responsible for public works, transport and communications. 3-identification devices or electronic detection of vehicles through electronic registration device, will be endowed with a purely local range, so as to enable the simple recognition of nearby vehicles, and may not, under any circumstances, that ID allow General and permanent location of the vehicles from the reading of the electronic registration of vehicles in-service. Article 18 legal Effectiveness the electronic registration device, when detected in legal terms by entities duly authorised, is title enough to prove the identity of the respective vehicle, in accordance with the official registration of the same. Article 19 communications technologies Technology to be used in the electronic registration device are defined by order of the Member of Government responsible for public works, transport and communications.

12 article 20 models, requirements, and guarantees of safety are defined by order of the Member of Government responsible for public works, transport and communications, in particular the following aspects: the official and exclusive Models) electronic registration device and devices for the detection and identification; b) legal requirements relating to the production, distribution and installation of electronic registration device; c) technical and safety requirements to be observed in the functioning of electronic vehicle identification system; d) definition of the conditions for authorisation of the entities empowered to production, distribution and installation of electronic registration device.» Article 4 competent Entity references in the Regulation to the General Directorate of Traffic and traffic to the Director-General shall be construed as references to the Office of mobility and land transport, I.P. (IMTT, I.P.). Article 5 transitional provisions installation of electronic registration device is mandatory: 13 a) for all light and heavy motor vehicles, their trailers and motorcycles, enrolled after the entry into force of the Ordinance referred to in article 20 of the regulation; (b)) For all cars, light and heavy, trailers, and motorcycles in circulation, to which has been assigned a registration prior to the entry into force of the Ordinance referred to in article 20 of the Regulation, within 12 months after the entry into force of the same; (c)) for all mopeds, tricycles and quadricycles within 24 months after the entry into force of the Ordinance referred to in article 20 of the regulation; d) for all industrial and towable industrial machines machines within 60 months after the entry into force of the Ordinance referred to in article 20 of the regulation, or 48 months after the assignment of registration. Article 6 entry into force this law shall enter into force on the day following that of its publication.

Seen and approved by the Council of Ministers the Prime Minister and State Minister of finance the Minister of Internal Affairs the Minister of justice the Minister of public works, transport and communications