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Proposal for Law No 172 /XII

Exhibition of Motives

European Union's transport policy aims to improve security

road, by the development of policies to promote road safety,

with a view to reducing the number of dead, from injured and from material damage.

The XIX Constitutional Government, pursuant to its Programme, considers it a priority to

enhancement of combat to road sinister, dedicating special attention, among others

subjects, driving under the effect of alcohol or psychotropic substances.

This proposed law aims to transact into national legal planning the Directive

n. 2011 /82/UE, of the European Parliament and of the Council of October 25, 2011, which

aims to facilitate the cross-border exchange of information on infractions to the rules of

traffic related to road safety, intending to allow notification of the

holder of the identification document of the vehicle in which the infraction was practiced.

The difficulties verified in the application of penalties of a pecuniary nature, relating to

certain type of road infractions, when committed with an enrolled vehicle

in a Member State other than the one in which the infraction was committed, allow

foster the creation of a sense of impunity and inequality in the face of the application of the

law, which matters to combat. In addition, the legal planning is to ensure also the

equal treatment to all drivers, national and non-national.

In the communication of the European Commission of July 20, 2010, entitled " Towards a

European road safety space: guidelines for road safety policy

from 2011 a to 2020 ", it is recognized that compliance with road standards continues to be

a key factor, with a view to setting the conditions for the scope of a reduction of the

number of dead and injured in this scope.

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A more efficient cross-border exchange of data, with respect to the registration of the

vehicles, which facilitates the identification of people suspected of having practiced an infringement

road, increases the deterrent effect and leads to more cautious behaviour,

particularly of the drivers of vehicles registered in a Member State, when

in circulation in another Member State, thereby competing for the reduction of the number of

victims of road accidents.

The cross-border exchange of data will thus allow the notification of the holder of the

identification document of the vehicle enrolled in another Member State when the

vehicle has been used in road infraction, recognizing that character

cross-border of the notifications requires own standards as to the language used and to the

notified elements.

In the framework of the Denominated Decisions of Prüm-Decision No 2008 /615/JAI of the Council,

of June 23, 2008, concerning the deepening of cross-border cooperation, in

particular in the area of the fight against terrorism and cross-border crime, and

Decision No 2008 /616/JAI of the Council of June 23, 2008 concerning the implementation of the

Decision No 2008 /615/JAI-Member States grant each other the right to

access to your data relating to vehicle registrations, with a view to perfecting the

exchange of information and to speed up the current procedures. The provisions

relating to the technical specifications and the availability of automated exchange of

data set out in the Prüm Decisions should, where possible, be observed in the

operationalization of the mechanism provided for in this proposed law.

The governing bodies of the Autonomous Regions, the Council, were heard

Top of the Magistrature, the Superior Council of Administrative and Fiscal Tribunals, the

Attorney-General of the Republic, the Order of Lawyers and the National Commission of

Data Protection.

The hearing was promoted by the Higher Council of the Public Prosecutor's Office.

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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, with a request for priority and urgency:

Article 1.

Object

1-A This Law sets out the principles and rules of the cross-border exchange of

information related to the practice of road infractions on national territory

with use of vehicle enrolled in another Member State of the European Union,

as well as the practice of road infractions practiced in the territory of another State-

Member of the European Union with use of vehicle enrolled in Portugal, aiming

allow notification of the holder of the vehicle identification document.

2-A This Law transposes to the internal legal order the Directive No 2011 /82/UE, of the

European Parliament and of the Council of October 25, 2011, which aims to facilitate the

cross-border exchange of information on infractions to traffic rules

related to road safety.

Article 2.

Scope of application

1-A This Law shall apply where the practice on national territory of

road infraction referred to in the following number with use of registered vehicle

in another Member State of the European Union, or in the territory of another State-

member with use of registered vehicle in Portugal.

2-The road infractions covered by this Act are as follows, as provided for

in the Road Code and supplementary legislation:

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a) Violation of the maximum speed limits;

b) Non-use or incorrect use of the seat belt, by the driver and

passengers, as well as other mandatory holding systems for

children;

c) Disrespect of the obligation to stop imposed by the red light of regulation of

transit, as well as the disrespect to the regulatory signal of stopping the

authorities with competence to regulate and scrutinize transit and still from

indication given by the ceding sign of passage B2-mandatory parting

at the intersection;

d) Driving under the influence of alcohol or in a state of drunkenness;

e) Driving under the influence of psychotropic substances;

f) Non-use or incorrect use of model helmet officially

approved, on the part of the drivers and passengers of mopeds, motorcycles

with or without side car, tricycles and quadricycles, as long as these vehicles do not

are either fitted with rigid box, or which do not possess, simultaneously,

stiff protection structure and seat belts;

g) Undue circulation in reserved lanes, circulation corridors, clues

specials, berms and suppressed transit routes;

h) Use or continued handling of any type of equipment or

apparatus susceptible to damage to driving, specifically ausculiters

sonoros and radio telephones.

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Article 3.

Electro platform

1-For the purposes set out in the following articles, the computer application of the

European System of Information on Vehicles and Letters of Conduction (EUCARIS), nos

terms set out in Article 15 of Council Decision No 2008 /616/JAI of the Council of 23 of

June 2008, concerning the implementation of Decision No 2008 /615/JAI, concerning the

deepening of cross-border cooperation, in particular in the field of the fight against

terrorism and cross-border crime.

2-A implementation and operationality, in the national framework, of the electrochemical platform

mentioned in the previous number are the sole responsibility of the point of contact

national.

Article 4.

Requests from Member States

1-The point of contact of the Member State where the practice of infraction has been found to be

refers to Article 2 (2) may effect automated consultations on the registration of

national vehicles, in respect of the following data, in accordance with Annex I to

Directive No 2011 /82/UE, of the European Parliament and of the Council of October 25 of

2011:

a) Data relating to the vehicle;

b) Data relating to the holder of the vehicle identification document.

2-All inquiries in the form of application are effected by the point of contact

national of the Member State where the practice of the infraction has occurred, using a

full tuition number.

3-The queries referred to in the preceding paragraph are effected in respect of the procedures

constants of sections 2 and 3 of Chapter 3 of the Annex to Decision No 2008 /616/JAI of the

Council, of June 23, 2008.

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4-The data obtained following the queries are only allowed to be used

to determine the identity of the responsible for the infractions referred to in paragraph 2 of the

article 2.

Article 5.

Requests to Member States

1-For the purpose of lifting of road or road counterordinate

criminal procedure, in the terms of the law, the supervising entity that checks the practice

of some of the infractions referred to in Article 2 (2), practiced with use of

vehicle enrolled in another Member State, requests the national contact point the

data as referred to in paragraph 1 of the preceding Article.

2-Consultations effected by the national point of contact comply with the provisions of paragraph 3

of the previous article.

Article 6.

Notifications

1-After the recetion of the data referred to in Article 4 (1), the supervising entity

raises the self-respecting self of counterordinance, which is notified to the defendants in the terms

of the provisions of Article 175 of the Code of the Road.

2-A notification shall contain, being the case, data relating to the device used for

detete the infraction.

3-A notification to the accused shall be effected in the language of the document of registration of the

vehicle, or in one of the official languages of the Member State of registration.

Article 7.

Point of national contact

For the purposes set out in this Law, the national point of contact is the Institute of the

Records and the Notariat, I.P.

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Article 8.

Protection of data

To the treatment, safety, conservation, access and protection of the personal data collected

in the context of the exchange of information provided for in this Law shall apply to the provisions of the

Law No. 67/98 of October 26.

Article 9.

Entry into force

This Law shall come into force on the 1. day of the month following that of its publication.

Seen and approved in Council of Ministers of September 26, 2013

The Prime Minister

The Minister of the Presidency and Parliamentary Affairs