Key Benefits:
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Proposal for Law No 275 /XII
Exhibition of Motives
The standards that regulate the protection of the roads of the National Road Network and the
activities that relate to their conservation, exploration and surveillance find themselves
verted on a vast, complex and outdated acquis of legal diplomas, such as the Law
n ° 2037 of August 19, 1949, which approved the Status of National Roads, the
Decree-Law No. 13/71 of January 23, and the Decree-Law No. 13/94 of January 15, which
set out a set of standards that aim to defend the national roads from pressure on
them exercised by sectors of economic activity.
In particular to the diploma that has enshrined the Status of National Roads,
which is now more than 60 years old, it is apparent that although it has undergone some changes to the
course of time, constitutes currently an outdated diploma, which does not mirror the intense
social, economic and urbanistic development verified in Portugal, not least in the
last two decades, and which allows today to state that the country is served by a vast network
of fairly stabilized roads.
In this context of outdated and dispersed provisions by several diplomas, which are no longer
show adequate to the current demands of the road sector, nor to the reality
socio-economic of the country, it becomes pressing for the elaboration of a new Statute of the Roads
of the National Road Network that regulates the use of road network roads
national as well as the economic activities exerted in the confined areas on the roads
that they integrate it, which is done through this Law.
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With the new Statute, approved by this Law, it is intended to guarantee a correct and
efficient operation of the road sector, safeguarding a better articulation between
the various agents in presence, in the aim of better protecting the road and its area
engaging, and in that way potentiates the conditions of safety and movement of its
users, as well as the activities related to their construction, management,
exploration and conservation.
The new Statute of the Roads of the National Road Network, approved by this Law,
is based on two key dimensions: on the one hand, the public use of the
road infrastructure; on the other hand, the privative use of the public domain. In the framework
of the first and main dimension is intended, with the new Statute, to protect the
road infrastructure and its use of the interests and behaviours of third parties,
regulating the interaction that sets out between the road, its management, and the natural persons
or collective, public or private, which in some way benefit and have an interest in the
use of the infrastructure. Already, with regard to the second dimension, and as long as it is
duly safeguarded the safety of the users, the new Statute aims to potentiate the
exploitation of the road infrastructure as an asset, by the various economic actors.
It is thus intended that this exploitation can contribute in an efficient and balanced manner
for the sustainability and development of the road sector and, consequently, for the
protection of users, in the aim that they can enjoy a network of infrastructure
road more efficient and safe road. Therefore, it imports to regulate the terms in which the entities
responsible for the management of the road public domain can exploit the infrastructure
road while active, safeguarding the rules provided for in the special schemes in
vigour, and always taking into consideration that the safety of the road infrastructure and the
its users overlaps with the interests of third parties in that type of exploitation.
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In what concerns the goods that integrate the road public domain, the new Statute
of the Roads of the National Road Network, approved by this Law, clarifies its
composition and establishes the conditions so that, whenever it is justified, it can operate the
respects disaffection, or the goods are the object of domial transfer. In this framework, they are
still introduced new provisions that aim to defend the public road domain,
disciplining the execution of connections and accesses to national roads.
With the new Status of Highways of the National Road Network, approved by the present
law, the conditions that enable the use, by third-party entities, are also defined
road public domain establishing obligations for infrastructure managers
no road or equipment installed in the road zone that they aim for, not only defend
the very road infrastructure of that use, but mainly acaucise the safety
of its users.
It has also been shown to be necessary to create in the new Status of Road Network Highways
National, approved by this Law, a framework for advertising placed on
long of the roads that integrate the national road network, which, respecting the
environmental, landscaping and road safety concerns, acknowledges the role that
road administration must perform in the municipal licensing of advertising
visible from the roads under its jurisdiction, remitted to portend the realization of the
technical standards that must be observed for the affixing of visible advertising.
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The skills of key public actors in the field of infrastructure
road covered by the new Status of Highways of the National Highway Network,
approved by this Law, are clarified. Thus, to the EP-Roads of Portugal, S.A.,
compete, within the framework of its statute, to exercise the tasks conferred on the administration
road, namely the powers of jurisdiction over the goods that integrate the field
road public. For his part, the Institute of Mobility and Transport, I.P.,
competes, within the scope of the assignments conferred on it by its status, the
liability for the subjects relating to technical regulation, with special focus
on the aspets related to the safety of the infrastructure and the users. Lastly, the
Authority of Mobility and Transport exercises the own skills that are
assigned in the respect of the statute as an economic regulator of the transport sector,
in this case, from road transport.
Additionally, and taking into account the preexistence of a vast contractual network between the
State, the EP-Roads of Portugal, S.A., and various private operators that manage
currently a significant part of the national road network, in the new Statute of the
Roads of the National Highway Network, approved by this Law, seeks to articulate the
assignments conferred by law to each of the said public entities and the competences
which were legal and contractually assigned to the private operators for the management of the
road infrastructure that integrate the national road network.
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In the new Status of Highways of the National Road Network, approved by this Law,
is also expected to be the figure of the management agreements, to be concluded between the road administration
and the municipalities or other public entities, which regulate the transfer of the competences
relating to the operational management of certain road sections, which constitute crossing
of concelain or urban centres of influence concelhia or supraconcelhia-
with object similar to the protocols concluded with the municipalities under the previous
Status of National Roads, but more comprehensive and appropriate to the reality that if
finds past more than 60 years of its duration-specifically, for the purpose of
exploration, conservation, repair, policing, landscape integration, lighting
public, installation of equipment for supporting the ordinance of road movement, between
others, under which certain commitments, obligations and commitments may be established
counterparts with respect to certain road infrastructure.
In the wake of the profound altercation that occurred in the road network serving the country, past
more than six decades since the status of the National Highways was passed by the Law
n ° 2037 of August 19, 1949, it has still been enshrined in the new Statute of the Roads of the
National Road Network, approved by this Law, the possibility of the administration
road to conclude agreements with third parties, which allow to proceed, punctually, to some
hits from areas determined by alignments or works of regularization of the roads,
enabling better articulation with other public and private entities and
facilitating their relationship with the administration.
Cabling to the road administration, as a paramount function, not only ensure conditions of
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safety to road movement on roads, but also to ensure defence, conservation
and maintenance of road infrastructure in its area of jurisdiction-which covers all
to roads that integrate the updated National Road Plan-, the new Statute of the
Roads of the National Highway Network, approved by this Law, awarded a
important function of monitoring compliance with the standards. However, the acting of the
road administration is without prejudice to the supervisory duties assigned to the rest
entities managing road infrastructure or other public entities with
assignments in the field of road safety and movement, and the relationship between the
various public and private actors paucity themselves by the principle of collaboration, with the
main aim of, jointly and in an articulated way, to promote the safety of the
users of the roads.
It was heard from the National Association of Portuguese Municipalities.
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.
Object
This Act approves the new Status of Highways of the National Highway Network.
Article 2.
Approval of the new Status of Highways of the National Road Network
It is hereby approved, in annex to this Act, of which it is an integral part, the new Statute of the
Roads of the National Highway Network, abbreviated by statute.
Article 3.
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Remissions and references
All remissions and references to Law No 2037 of August 19, 1949 or the Statute
of the National Roads, consider themselves to be made for the Statute approved in annex to the
present law.
Article 4.
Transitional arrangement
1-Managers of non-road infrastructure installed in an irregular way on the roads
to which the Statute shall apply, approved in annex to this Law, and to be found under
jurisdiction of the road administration must apply for this, within one year of
counting from the date of the entry into force of this Law, the regularization of the respect to be used
deprivative dominial.
2-For the purposes of the provisions of the preceding paragraph, the situations which,
in disregard of the applicable law, lack title proof of the rights of
deprivative use.
3-To the pending proceedings for consideration and final decision, the provisions of the
Statute, approved in annex to this Law.
4-A The road administration proceeds, within one year from the date of entry into
vigour of this Law, to the lifting of the existing accesses on the roads under its
administration, and promotes relatively to the situations of non-title-inexistence
administrative pay for regularization.
5-A regularization of the implantation of the accesses is done under the terms of the Statute, approved
in annex to this Law.
6-A non-regularization of the accesses within one year of the notification for the
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effect constitutes counterordinate punishable with fine of € 500.00 a € 2 500.00, when
practiced by natural persons, and from € 1 to 000.00 a € 5 000.00, when practiced by
collective people.
Article 5.
Abrogation standard
The following diplomas are revoked:
a) The Act No. 2037 of August 19, 1949;
b) The Decree-Law No 41887 of September 30, 1958;
c) The Decree-Law No 13/71 of January 23;
d) The Decree-Law No 54/71 of February 25;
e) The Decree-Law No. 219/72 of June 27, as amended by Decree-Law No. 25/2004,
of January 24;
f) The Decree-Law No 148/77 of April 12;
g) The Decree-Law No 234/82 of June 19;
h) The Decree-Law No 235/82 of June 19;
i) The Decree-Law No 13/94 of January 15;
j) Article 3 of Decree-Law No 294/97 of October 24;
k) The Decree-Law No. 105/98 of April 24, as amended by Decree-Law No. 166/99,
of May 13;
l) Article 4 of the Decree-Law No 393-A/98 of December 4, amended by the
Decrees-Laws No 41/2004, of March 2, and 39/2005, of February 17;
m) The Decree-Law No 166/99 of May 13;
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n) Article 4 of the Decree-Law No 248-A/99 of July 6, as amended by the Decrees-
Laws No 127/2003, of June 24, 42/2004, of March 2, 39/2005, of 17 of
February, 147/2009, of June 24, and 44-E/2010, of May 5;
o) Article 4 of the Decree-Law No 335-A/99 of August 20;
p) Article 4 of the Decree-Law No 55-A/2000 of April 14;
q) Article 4 of the Decree-Law No 87-A/2000 of May 13, as amended by the
Decree-Law No 44-C/2010 of May 5;
r) Article 4 of the Decree-Law No 323-G/2000 of December 19;
s) Article 4 of the Decree-Law No 142-A/2001 of April 24, as amended by the Decree-
Law No. 44-D/2010 of May 5;
t) Article 4 of the Decree-Law No. 234/2001 of August 28, as amended by the Decree-
Law No. 44-B/2010 of May 5;
u) Article 4 of the Decree-Law No 189/2002 of August 28, amended by the
Decrees-Laws No 19/2007, of January 22, and 44-G/2010, of May 5;
v) The Decree-Law No 25/2004 of January 24;
w) Article 4 of the Decree-Law No 215 -B/2004 of September 16, amended by the
Decrees-Laws No 39/2005, of February 17, and 175/2006, of August 28;
x) The Decree-Law No 175/2006 of August 28;
y) Article 4 of the Decree-Law No. 242/2006 of December 28, as amended by the
Decree-Law No 44-F/2010 of May 5;
z) Article 4 of the Decree-Law No 392-A/2007 of December 27.
aa) The Decree-Law No 83/2008 of May 20;
bb) The Portaria No. 114/71 of March 1;
cc) The Portaria No. 172/75 of March 10.
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Article 6.
Entry into force
This Law shall come into force within 90 days after the date of its publication.
Seen and approved in Council of Ministers of December 4, 2014
The Prime Minister
The Minister of the Presidency and Parliamentary Affairs
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ANNEX
(referred to in Article 2)
NEW STATUS OF ROADS OF THE NATIONAL ROAD NETWORK
CHAPTER I
General provisions
Article 1.
Object
1-The new Statute of the Roads of the National Road Network, abbreviated
by statute, it sets out the rules that are aimed at the protection of the road and its zone
engaging, fixed the conditions of safety and movement of its users and those of
exercise of the activities related to its management, exploration and conservation.
2-The Statute establishes, too, the legal regime of the goods that integrate the field
public road public and the sanction regime applicable to the behaviors
or activities of third parties that are lesion of these goods or rights with them related,
as well as the situations of default.
Article 2.
Scope of application
1-The provisions of this Statute apply to the roads that integrate the network
national road.
2-The provisions of this Statute shall also apply:
a) On regional roads (ER);
b) To the national roads (EN) unsorted, not yet delivered to municipalities;
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c) To the connections to the national road network, in operation at the date of the entry into force of the
present Statute.
3-For the purposes of this Statute, it shall be considered that the parallel paths and the
reinstated reinstates do not integrate the national road network.
Article 3.
Definitions
For the purposes of this Statute, it is understood by:
a) "Road Administration", the EP-Roads of Portugal, S.A., or the entity
public who legally will come to succeed;
b) "AMT", the Mobility and Transportation Authority, with assignments in
matter of regulation, promotion and defence of competition within the sector
road;
c) "Advertiser", the natural person or collective of a public or private nature, in the
interest from whom the advertising takes place;
d) "User protection area", the area that develops from the limit
exterior of the carriageway that, for reasons of road safety, matters
keep free from rigid obstacles, or whose existence can be mitigated by the
adoption of measures allowing to reduce the severity of any accidents;
e) "rest area", the marginal space on the road, and may be propped up
shading, lighting, drinking water, tables and outdoor benches,
parking for light and heavy vehicles, sanitary facilities, collection of
garbage and other support equipment for users;
f) "Service area", the marginal facility that integrates the road and the one that is accepted by
this, inserted in a road public domain area, containing equipment and
means for the supply of fuels and energy, as well as the
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provision of support to users and vehicles;
g) "Area of sale", the marginal area on the road and which is accepted by this, where the
road administration may allow the sale of agricultural, forestry products,
handcrafts and others;
h) "Autohighway", the public route intended for rapid transit, with physical separation from
carriages, with no level crossings nor access to properties
sideline, with the conditioned accesses, and signalled as such;
i) "parallel path", the circulation path adjacent to the road zone,
paved or not, which allows accessibility to contiguous properties;
j) "Road technical channel" or "CTR", the housing infrastructure, which is not
private property, installed in the subsoil of the road zone, in works of art
or tunnels, consisting of network of pipes, ducts, visiting chambers,
devices and accessories accessories, intended for the installation of cables of
electronical communications, equipment or any resource of networks of
communications, as well as derivation devices, together or other
equipment necessary for the transmission of electronic communications in those
networks;
k) "Conservation", the set of activities that allow to ensure the proper
functional conditions of use and structural safety, of the track and its
equipment, works of art, hydraulic works, works of containment and tunnels;
l) "Concession Contracts", all concession or subconcession contracts
road currently in force, concluded between the Portuguese state and the EP-
Roads of Portugal, S.A., in the quality of dealership, or between this and the
entities managing road infrastructure in the quality of
sub-dealerships, or still, those celebrated directly between the State
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portuguese and the entities managing road infrastructure in the quality of
dealerships;
m) "Demarcation", the set of marks and milestones implanted along the
roads of the national road network with the purpose of identifying, delimiting,
measure and guide;
n) "Road public domain of the State", the universality of law, that the
State is holder, formed by the set of goods affections to the public use viary,
by the goods that material or functionally with it find themselves connected or
related, as well as by other goods or rights which, by law, as such are
qualified;
o) "Axis of the road", the line, materialized or not, of separation of the two senses
of the transit or, in the case of there being separator, the line dividing it in half, or
still, in the case of the branches of the connecting nodes between roads of the road network
national or between these and roads not included in the national road network, the
line, materialized or not, which divides to the middle the strip or carriageway that
constitute the branch of the node;
p) "Managing entity of the road infrastructure", the concessionary entity or
subdealership of the road infrastructure as such defined in the terms and
for the anticipated effects on the respective concession contract and on the remaining
applicable legislation;
q) "Road declassed", the road that under the current legislation no longer
integrates the national road network;
r) "National Road" or "EN", the route as such ranked in the Road Plan
National;
s) "Regional Road" or "ER", the route as such ranked in the Road Plan
National;
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t) "carrion strip", the integral part of the road especially intended for the
transit of vehicles;
u) "Managers of non-road infrastructure", the entities using the
road public domain for the installation of equipment required by the
development of its economic and commercial activity;
v) "IMT, I.P.", the Institute of Mobility and Transport, I.P., with assignments
in the matter of technical regulation, coordination, surveillance and planning
within the scope of the road sector;
w) "Complementary itinerary" or "IC", the track as such ranked in the Plan
National Road;
x) "Main itinerary" or "IP", the route as such ranked in the Road Plan
National;
y) "Side right of the road", the side with the demarcation of the growing sense of the
mileage;
z) "Liaison node", the set of branches that ensure the connection between roads
that intersect at different levels;
aa) "Work of art", the structure intended for the transposition of water lines, valleys or
routes intended for road traffic, pedonal or fauna from which it stems from
classification as bridges, viaducts, upper or lower passages,
agricultural passages, passages for the fauna or pedonal;
bb) "Labor of containment", the supporting structure for retention of soils or rocks,
in landfill or excavation, in such a way as to ensure its stability;
cc) "Plan of alignments", the set of elements written and drawn that
results of study drawn up with the purpose of defining the distances to the axis of the
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road to which the buildings and the gaskets can be, by changing the limits
of the zone non aedificandi , built or rebuilt;
dd) "National Road Plan" or "PRN", the sectoral incidence program
territorial that defines the national road network of the continent;
ee) "Platform of the road", the set consisting of the carriages,
separators and berms;
ff) "Fuel supply station", the marginal facility on the road and the
that is accepted by this one, located on privately owned land, containing
equipment for the supply of fuels and energy;
gg) "Toll Plaza", the road zone intended for manual collection and
automatic toll fees system where equipment and other are installed
assets of toll collection systems, including human resources
that operate them;
hh) "Project for planning and control of accesses", the set of elements
written and drawn that make up the elaborate study with the purpose of
order the accesses to a road, compatibilizing existing ones with the
current and future needs in the face of marginal occupation of the road and its
development;
ii) "Advertising" means any message conveyed by natural persons or
collectives, of a public or private nature, within the framework of a commercial activity,
industrial, cultural, touristic, artisanal or liberal, with the goal, direct or
indirect, of marketing or disposal of any goods or services, or of
promotion of ideas, principles, initiatives, people or institutions;
jj) "National road network", the road network of national interest as such
defined in the National Road Plan;
kk) "Reincident", the offender who has been convicted of the practice of act or acts
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which constitute infringement of this Statute, less than five years ago;
ll) "Restoration", the trolle of road, outside the jurisdiction of the administration
road, built to repose the continuity of public intercemented by the
construction of a new track, which maintains the same classification of the road
repurposed;
mm) "Separator", the zone or the physical device intended to separate the transit in the
same sense or in opposite senses;
nn) "toll collection system", the set of equipment and other assets
that allow the collection of toll fees to users of the
road infrastructure;
oo) "Road telematics system", the set of assets that allow
monitor the conditions of traffic in real time, inform users,
establish and scrutinise traffic conditions, provide aid to users and
collect data of diversa nature;
pp) "Tunnel", the road infrastructure to which corresponds a covered passage or
partially covered, by natural terrain or support structure of the same,
buried or not and which, regardless of its extent, depth and
constructive method, must comply with specific requirements with regard to the
your exploration, operation or maintenance;
qq) "Deprivative use", the use of the goods of the public road domain by
public or particular entity, for various purposes of the public use of the viary;
rr) "Public use road use", the use of the infrastructure that integrates the
road public domain for the public transit of vehicles;
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ss) "Users", the subjects using the roads covered by the present
Status for the purpose of road traffic;
tt) "Via collector", the paved carriageway, adjacent to the platform of the
main road, which allows for local accessibility without interference from traffic
of passage;
uu) "Road zone", the terrain occupied by the road and its functional elements,
covering the carriageway, the berms, the works of art, the hydraulic works,
the works of contention, the tunnels, the valets, the separators, the banquets, the
taludes, the tours and the collector tracks;
vv) "Zone of respect", the strip of land with the width of 150 m for each side and
in addition to the external limit of the area of servitude non aedificandi , in which it is evaluated
the influence that marginal activities on the road can have on the security of the
circulation, in the guarantee of the fluidity of the traffic circulating in it and in the conditions
environmental and sanitary of its enveloping;
ww) "Zone of servitude of visibility", the space in relation to which to check
altimetric or volumetric constraints to respect usage, occupancy and
processing;
xx) " Zone of servitude non aedificandi ", the confining space with the road zone in
relation to which prohibitions or conditioners are checked for edification,
construction, processing, occupation and use of the soil;
yy) "Consolidated urban zone", the zone characterized by a density of
occupation that allows to identify an already defined urban fabric or urban structure,
where there are essential infrastructure and where are defined the
alignments of the marginal plans by buildings, legalized, in continuity.
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CHAPTER II
National road network
SECTION I
Planning
Article 4.
Articulation between plans
1-A national road network and its levels of performance according to its
functional hierarchy are defined through the PRN, while strategic instrument and
legal national policy for the road sector, therein enshrining their goals
as well as the priorities of interventions.
2-The articulation between the PRN and other programs and territorial plans shall be ensured,
safeguarding the unity of the transport system and the tutelage of public interests
involved, as well as the exercise of public service activities or interest
general in the respect of the legally established precepts.
3-A The constitution or amendment of administrative servings provided for in this Statute
are always communicated to the municipalities covered, in order to guarantee the update
of the territorial plans and respect plants of conditioners.
Article 5.
Sustainability and environmental function
In the phases of planning, project, construction and operation of road network roads
national must be observed the principles of environmental sustainability and respected the
rules laid down in the specific legislation of the environment sector.
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Article 6.
Studies and projects
1-Without prejudice to the provisions of specific legislation on this subject, the studies and
projects on road infrastructure can develop according to the
following phases, established in the reason of their purpose:
a) Planning study, which consists in the conception of a road system for
a particular territorial and temporal horizon, as well as in the definition of the
characteristics and dimensions deemed appropriate and necessary, with a view to
planning of the transport network;
b) Prior study, which consists of the surveying and analysis of the necessary elements
to the definition of different options, with the aim of analyzing and comparing the
respect effects and propose the most convenient alternatives;
c) Base project, which consists of the development of the approved corridor under study
prior and is intended to enable to anticipate the analysis and study of appropriate solutions
to develop in greater degree of detail and, generally, to set in
definitive the assumptions to which it must obey the continuation of the study under the
form of execution project;
d) Execution project, which consists of the complete development of the best
solution, obtained from the prior study or the base project, with the detail
necessary to their construction and further exploitation.
2-The studies referred to in points a) and b ) of the previous number are, for the purposes of
appreciation and issuance of opinion, referred to by the managing entity of the infrastructure
road to the territorially competent municipal chambers.
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Article 7.
Standards and technical instructions
1-The IMT, I.P., promotes the elaboration and approves the technical standards and instructions to which
must subject the studies and projects of the roads of the national road network, without
injury to technical regulations of general scope and Community standards
applicable.
2-The technical standards and instructions referred to in the preceding paragraph are subject to opinion
prior binding of AMT and once approved, are published in Journal of the Republic and
made available on the electro pages of the AMT and the IMT, I.P..
3-The remaining standards and technical instructions to be considered in the elaboration of the projects, when
are not published in Journal of the Republic and in the electrogenic pages of the AMT and the
IMT, I.P., nor do they build any legal or regulatory provisions in force, they must be the
that correspond to the best international road technique.
Article 8.
Expropriation and occupation
1-A expropriation of immovable property or necessary rights to construction, conservation and
exploitation of the roads to which this Statute applies may have an urgent character,
in the situations provided for in the Code of Expropriations.
2-Whenever for the execution of a road work it is necessary to occupy ground of
third parties, this occupation must be legitimized through temporary occupation, in the terms
of the Code of Expropriations.
Article 9.
Variants
1-A The construction of any variant operates the declassification of the road trolling which
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that replaces.
2-When it remains affection to the road function, the disqualified trolle must be
delivered to the municipality, in the terms provided for in Article 40, after opening to traffic
of the variant respect.
3-When not interested in road movement, road administration, after
disaffection of the public domain of the State, can promote the alienation of the trolle
disqualified pursuant to Art. 38, with right of option for owners
of the confined buildings, without prejudice to any rights of reversal of the respects
expropriated.
4-A The decision to build any urban variant has to respect criteria
related to the classification of the track, the importance of traversing traffic, the
environmental impacts, the levels of claims, the percentage of heavy and the speed
average circulation.
5-The criteria referred to in the preceding paragraph are densified in regulation
specific to be approved by the IMT, I.P., on a proposal from the road administration, the
present to that within a maximum of 90 days from the entry into force of the present
Statute.
6-For the purposes of the provisions of this article, no variants consider rectifications and
profiled reconstructions, as well as all those interventions that do not result
alteration of the functional carateristics of the existing route.
Article 10.
Works of art, hydraulic works and tunnels
The works of art, the hydraulic works and the tunnels that integrate the roads to which the
present Statute maintain structural safety compliant with the rules and with the
existing standards at the date of its construction, and the suitability of the
later regulations to be effected to the extent of the operation needs of the track.
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Article 11.
Segmentation, conservation and operation
1-A segmentation of roads under jurisdiction of road administration is done on the basis of
in differentiating criteria of the roads, specifically depending on their classification
functional, thematic framework, territorial scope, traffic, accessibility and
mobility, being assigned distinct and appropriate levels of conservation or operation to
each segment.
2-A segmentation and the different levels of conservation or operation of the referred roads
in the previous number are approved by the IMT, I.P., on a proposal from the administration
road, to be submitted to that up to 180 days after the entry into force of the present
Statute, and revisited five-year-old.
3-A The proposal referred to in the preceding paragraph considers itself to be tacitly approved decorated
30 days since the date of its submission to the IMT, I.P..
4-The managing entities of road infrastructure are responsible for the conservation
of the roads that they meet under their management, in the terms provided for in the respects
concession contract and other applicable legislation.
5-In the cases referred to in Article 30, if the re-establishment consists of the execution of a
work of art, the respect conservation rests with the managing entity of the road infrastructure
and to the entity responsible for the route reinstated on the following terms:
a) When the road infrastructure cross inferiorly the route reinstated, the
entity managing the route to which this Statute is applied is responsible for the
conservation of the work of art, with the exception of the equipments of the one that stand
integrated into the reinstated pathway, namely pavement, dilation joints,
rides, bodyguards, guards-of-safety, drainage as well as signage
vertical and horizontal;
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b) When the road infrastructure will superbly cross the road reinstated, the
entity managing the route to which this Statute is applied is responsible for the
full conservation of the work of art and the equipment in it integrated, being
obligation of the managing entity of the route re-established the conservation of the
equipment installed under the work of art notably, pavement, rides,
guards-of-safety, drainage and vertical and horizontal signage;
c) The realization of any changes to the work of art is subject to prior agreement of the
managing entity of the integrated track in the re-establishment.
SECTION II
Management
Article 12.
Signalling of transit
1-A The signalling of the roads to which this Statute applies shall comply with the provisions of the
Code of the Road, the Transit Signalling Regulation, and the approved standards
by the IMT, I.P..
2-The standards to be approved by the IMT, I.P., pursuant to the preceding paragraph are subject to
opinion of the National Highway Safety Authority.
Article 13.
Demarcation
1-Without prejudice to the provisions of the concession contracts, the demarcation of the measurement or
mileage of the road is the competence of the road administration, and it is made
as per the designation of its extreme points, with origin in the first is placed
on the right side on the roads with a single carriageway, and on both sides in the
roads with dual carriageway.
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2-A kilometre demarcation in the cases of overlapping sections of different roads is
continuous on the highest-category road and the other is interrupted in the first section
common, to continue in the second section with the same kilometre count.
3-The roads that integrate the network of the Great International Traffic Roads, in the
terms of respect Agreement, approved by Decree No. 46/90 of October 26,
must be demarcated as such.
4-A The kilometric demarcation of the highways prevails over that of the IP and IC.
Article 14.
Vegetation
1-A road vegetation consists of the arboretic, arbustive strata,
subarbustive and herbaceous, implanted in the road zone.
2-Without prejudice to the obligations arising from forest defence legislation
against fires, vegetation in the area of the road public domain is from the
liability of the managing entities of road infrastructure, and in their management
Aesthetic, functional, environmental and environmental criteria should be taken into account
economical, attentive to the appropriate landscape environment and the safety of the
users.
3-The projects and actions of management and intervention on the roads to which the
this Statute shall promote the conservation of the arvoredo classified, in the terms
of the law, as well as of the arvoretic nuclei that review themselves of forestry interest,
biological or landscaping, as such identified by the competent authorities or by the
instruments of territorial management and must take into account, in the management of vegetation
road, the obligations arising from the forest defence legislation against
fires.
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4-A poda and the slaughter of trees planted in public road domain shall
reduce to the indispensable minimum, justified by issues of longevity,
phytosanitary or safety of the circulation and, without prejudice to the intervention of other
entities with responsibility for environmental matters, lack the authorization of the
road administration, supported in looking technical of the area with that specialty.
Article 15.
Road technical channel
1-On the roads to which this Statute applies, there is or may be installed one or
more CTR, able to lodge the required electronic communications networks to the
operation of the telematics, emergency and charging systems of tolls or
others related to the management of the tracks.
2-Use of the road public domain, by third parties, is not permitted for the
installation of other infrastructure apt to the accommodation of communications networks
electro-trophic, whenever there is or can be installed one or more CTR.
3-Without prejudice to the provisions of the concession contracts, the road administration is the
managing entity of the CTR, for the purposes of the legislation on networks and services of
electro communications that is applicable to you while well in the public domain
Road of the State usable for installation of public communications networks
electro.
4-A competence for the administration of the CTR with respect to the State road network
that you find yourself under management of a dealership to which you are not contractually
assigned the administration of the CTR may be delegated, by the IMT, I.P., in the administration
road, upon binding advice from AMT.
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5-Compete to the administrating entity of the CTR establish the regulation that contains
the procedures for the assignment, to the electro-communications companies, of the
respects rights of passage and rights of access and use, as well as establish
the applicable technical instructions, and shall observe, in the setting of these procedures and
instructions, the provisions of the Electrophic Communications Act, passed by Law n.
5/2004, of February 10, and in the regime applicable to the construction of apt infrastructure
to the accommodation of electronic communication networks and the installation of networks of
electronical communications, established by Decree-Law No. 123/2009 of May 21,
amended by Decree-Law No 258/2009 of September 25 and by Law No. 47/2013, of
July 10.
6-A regulations for the allocation of the rights of passage and access rights and
use referred to in the preceding paragraph shall lack the prior approval of the IMT, I.P..
7-A proposal for regulation submitted by the CTR administrating entity shall
be appreciated by the IMT, I.P., within a maximum of 20 days, under penalty of deferrous
tacit.
8-A the CTR administrating entity ensures the right to access the right of access to the
operators of electronic communications in conditions of equality, transparency and not
discrimination.
Article 16.
Support equipment
1-Support equipment is the functional elements required for safety and
convenience of road movement, as well as information and user aid.
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2-For the purposes of this Statute, support equipment for the road shall be considered:
a) The road telematics systems;
b) The road emergency systems;
c) The toll collection systems;
d) The areas of service;
e) The rest areas;
f) The car parks;
g) The parting places of collective passenger transport;
h) The parks in support of the network operation;
i) The toll squares.
3-Are, still, considered support equipment on the road the filling stations
of fuels, the shelters and the areas of sale.
Article 17.
Road telematics systems
The national road network is endowed with road telematics systems with the aim of
monitor the conditions of road traffic in real time, to inform and assist the
road users, to regulate and scrutinise traffic conditions and to collect data from
traffic, as per technical standards to be approved by the IMT, I.P..
Article 18.
Integrated traffic control and information system
The IMT, I.P., on a proposal from the road administration, sets out the requirements to be observed
by the integrated traffic control and information system, with a view to a management
efficient of the conditions of movement and to a greater consistency of the information provided to the
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users on the conditions of movement on the national road network.
Article 19.
Road emergency system
The motorways are equipped with a road emergency system, integrated by
emergency posts and call centres and which should work in a way
permanent.
Article 20.
Toll collection systems
1-The set of equipment and other assets constituting the collection systems of
toll shall allow the identification of vehicles and registration of information with a view
to the collection of the applicable toll charges in accordance with the current legislation.
2-A The exploitation of the toll squares shall ensure safety conditions to the
users of the road and respect operators, as well as, as far as possible,
guarantee good conditions of traffic fluidity.
Article 21.
Areas of service and fuel supply stations
1-A exploration and concession of the service areas and the licensing of the implantation of the
fuel supply stations are made by the road administration or
by other entities duly qualified for that purpose, in the terms provided for in the
Decree-Law No. 87/2014 of May 29.
2-The charges, the prohibitions and the limitations imposed by road servitude are not
applicable to the construction of service areas.
3-The conditions of location, classification, composition and operation of the areas of
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service and supply posts of marginal fuels on roads, observe
the rules laid down in Decree-Law No 87/2014 of May 29.
4-A The location of the service areas is approved by the IMT, I.P..
Article 22.
Areas of rest
The physically vetted roads and with two carriages of footwork, serving a traffic of
long course, have resting areas in suitably flagged locations, which they may be
included in service areas.
Article 23.
Car parks
The national road network can be donated from car parks, properly
signposted, whose location and installation requirements are defined by the administration
road.
Article 24.
Areas of sale
The road administration may establish or authorize sales areas that allow, of
orderly and safe form, concentrate, in a properly adapted space, sales
at the edge of the road.
Article 25.
Parks to support the operation of the network
The road administration, depending on the good management practices of the network under its
jurisdiction, may define locations for deployment of parks supporting the operation of this
intended for the installation of services relating to the operation, maintenance and
monitoring of the road, as well as the deposit of signalling and safety materials.
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CHAPTER III
State road public domain and road servitude
SECTION I
Composition and constitution of road public dominiality and servitude
road
Article 26.
Composition
1-The public road public domain of the State is composed:
a) By the roads to which this Statute is applied and by the goods which, not being
private property, with they are material or functionally connected or
related;
b) For other goods or rights that by law are as such qualified.
2-The goods and rights referred to in the preceding paragraph shall integrate the public domain of the State,
by staying subject to the dominial status of the general law and to everything available in the present
Statute.
Article 27.
Constitution
1-The goods that integrate the public road domain constitute public property of the
State:
a) By the affectation to the public domain road of buildings or part of buildings,
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upon application by the road administration to the enrollment services and
register;
b) By alteration of the public utility justifying the integration of the good in the field
public of the State, pursuant to Rule 39;
c) By dominial mutation, in the terms of Article 40;
d) By usucapion, decorated 20 years after the opening of the road to traffic;
e) By acquisition.
2-For the purpose of predial registration of the good which passes the public domain of the
State, the road administration shall:
a) Request, within 60 days from the date of opening of the road to traffic, the
register referred to in para. a) of the previous number, through application directed
to the relevant departments, instructed with the judicial decision delivered within the framework of the
litigation expropriation process, or with respect to the agreement when it deals with
friendly expropriation;
b) Issue statement in respect of the situation provided for in the paragraph d) of the number
previous.
3-The documents referred to in the preceding paragraph constitute sufficient title for the purpose of
detachment of part of a building, enrollment or matrix rectification and predial registration.
4-Road servings on private goods are constituted:
a) By determination of the law;
b) By agreement between the road administration and the owner, celebrated in the
terms of the general law, after approval of the IMT, I.P..
Article 28.
Goods from the road public domain of the State
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1-The goods of the State road public domain comprise:
a) The area of the road and the materials and equipment or infrastructure of
demarcation, signage, safety, environmental protection and communication in it
incorporated;
b) The road technical channel (CTR), referred to in Article 15;
c) Land for the enlargement and operation of the road, if and when
expropriated;
d) The supporting equipment referred to in Article 16 (2).
2-Considered equally as integrated in the public road public domain of the State, always
that belong to him:
a) Land located and delimited within the road nodes;
b) The grounds underlying works of art, corresponding to the area of the respect
projection on the ground, increased from a range with the width from 1 m to 5 m for each
side, defined in project;
c) The vivid accesses to the roads referred to in Article 30 (1);
d) Land and facilities inseparably related to construction,
conservation and exploitation of the roads.
3-The goods of the State road public domain understand still the airspace
and the subsoil corresponding to the areas referred to in this article.
4-Infrastructure built or installed on land in the public road domain
of the State, even if it is intended for the use of third parties or non-related purposes with the function
road, become subject to the rules for the private use of the public road domain
provided for in this Statute.
Article 29.
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Enrollment of road heritage
1-The IMT, I.P., keeps up to date the enrollment of the goods that constitute the public domain
road, from him owing knowledge to the Directorate General of Treasury and Finance
annually.
2-For the purposes of the provisions of the preceding paragraph, the entities managing the infrastructure
road and road administration provide IMT, I.P., up to March 31 of each
year, the information that this has as necessary and convenient.
3-A information relating to the road heritage enrolment should be made public in the
site on the Internet of IMT, I.P., and in the research system online of public information that
indexes all public content of the websites of public entities,
provided for in Article 49 of the Decree-Law No. 135/99 of April 22, as amended by the
Decrees-Leis n. ºs 29/2000, March 13, 72-A/2010, June 18, and 73/2014, of
May 13.
Article 30.
Dominial status of accesses and reinstated
1-Viary accesses to the roads to which this Statute is applied, built in
terrain that is quite public, even though it may only give serventia to properties
private individuals, consider themselves to be integrated in the public domain provided that as such
enrolled in the road heritage register.
2-The reinstatements of the public tracks integrate the public domain of the entity with
jurisdiction over the road reinstated, at the time of opening to traffic of the
re-establishment.
Article 31.
Road servings
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1-The charges, prohibitions and limitations imposed on the confining buildings or
neighbors, for the benefit of construction, maintenance, use, exploitation and protection of the
roads to which this Statute applies, shall be subject to the provisions of this Statute and
to the regime of public servitude under the general law.
2-Constituents road servings:
a) The servitude non aedificandi , in the terms of the following article;
b) The servitude of visibility, under the terms of Article 33;
c) The servings which, as such, come to be constituted by law, contract or other
constitutive source of rights, for the purposes referred to in the preceding paragraph.
3-A The constitution of road servitude does not depart from the restrictions that, under the law
general or of special law, impend on the buildings.
4-Whenever the construction of a road infrastructure does not give way to expropriation
and it is necessary to proceed to the use of the subsoil or airspace of a building,
susceptible to funnishing opposition from the proprietary respects, pursuant to Art. 1344 para.
Civil Code, shall be constituted of competent public servitude.
5-In the case referred to in the preceding paragraph, even though the owner has been opposite or not
have given their agreement, can be constituted on the buildings
corresponding to the area of the projection of the infrastructure on the ground or on the upper surface a
this, should this be justified for reasons of technical character, particularly of safety and
road traffic.
6-The constitutive act of any servitude establishes the respects contents and limits
physical.
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Article 32.
Zone of servitude non aedificandi
1-It consists of the benefit of road infrastructure, road traffic, the
safety of persons, specifically of road users, and of safeguarding the
environmental interests, a zone of servitude non aedificandi about the confining buildings and
neighbors of those, becoming subject to authorization from the road administration, in the
terms provided for in this Statute, the urbanistic operations of edification,
construction, processing, occupation and use of the soil and the goods understood in the area
of servitude.
2-Up to the approval of the respect plant parcelar, the area of servitude non aedificandi is defined
by a range of 200 m for each side of the road shaft, and by a circle of 650 m of
radius centered on each wire node.
3-A servitude referred to in the preceding paragraph shall be constituted with the publication in Journal of the
Republic , by the IMT, I.P., of the declaration of approval of the prior study of a road
of the national road network and the parcelar plant.
4-In excecional cases, of major urbanistic or topographical conditioners, the
road administration may propose to IMT, I.P., values lower than those mentioned
in paragraph 2, provided that they respect the limits set out in paragraph 8.
5-A servitude referred to in the preceding paragraphs shall lapse decorated five years after the
respects constitution date, may the IMT, I.P., with the minimum advance of a
year of your term or renewal, extend this deadline, for a single time, by equal
period, provided that it is duly substantiated and upon payment of fair
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compensation.
6-In the case of prior studies approved prior to the date of entry into force of the present
Status, the term count referred to in the preceding paragraph shall start at the date of
publication of this.
7-A lapse referred to in paragraph 5 is published in Journal of the Republic , by the IMT, I.P., and in the
electro pages of the IMT, I.P., of the road administration, the municipalities and the
territorially covered freguesia joints.
8-Following the publication of the declarative act of public utility of the buildings and of the respect
plant parcelar, the zones of servitude non aedificandi of the new roads, as well as of the
roads already existing, have the following limits:
a) Motorways and expressways: 50 m for each side of the road axis and never the
less than 20 m of the road zone;
b) IP: 50 m for each side of the axis of the road or within the zone of servitude of
visibility and never less than 20 m from the road zone;
c) IC: 35 m for each side of the axis of the road or within the zone of servitude of
visibility and never less than 15 m from the road zone;
d) EN and remaining roads to which this Statute applies: 20 m for each side
of the axis of the road or within the zone of servitude of visibility and never unless
of 5 m from the road zone;
e) Binding nodes: a circle of 150 m radius centered on the intersection of the axes of the
pathways, whatever the classification of these.
9-For the purposes of the provisions of the preceding paragraph, the links to the nodes of IP and IC are
considered EN.
10-In the crossings or entrenches of the roads to which this Statute applies
with each other or with municipal roads, the area of servitude non aedificandi considering is the
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corresponding to the road with higher level of protection.
11-For the works of art and tunnels, the areas of servitude referred to in paragraph 8 shall be measured
from the vertical projection of its axis over the natural terrain.
12-On the unclassified national roads not yet delivered to municipalities may be
defined a zone of servitude non aedificandi lower than the provided for in paragraph d ) of paragraph 8
upon agreement between the road administration and the authorities, duly
approved by the IMT, I.P..
13-Are void the acts practiced by any entities in violation of the provisions of the
previous numbers.
14-On the crossing of urbanized zones, by request of the municipality, the change of the boundary of the
zones of servitude non aedificandi of the roads to which this Statute applies may be
materialized by a plan of alignments approved by the IMT, I.P., after pronunciation
of the road administration.
15-For socio-economic reasons, duly substantiated, or topographical the IMT, I.P.,
can define, in significant and perfectly delimited extensions, zones of servitude
non aedificandi lower than those referred to in paragraph 8, after pronunciation of the road administration
and the autarky.
16-A reduction of the areas of servitude non aedificandi referred to in the preceding paragraph shall be constituted
with the publication in Journal of the Republic , by the IMT, I.P., of the respectful statement of
approval and plant parcelar.
Article 33.
Visibility servitude zone
1-A The road administration can impose a visibility servitude on the buildings
confinement and the neighbouring buildings of the roads to which this Statute applies,
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situated in the vicinity of crossings, curves or other sites potentially
dangerous.
2-For the purposes of the provisions of the preceding paragraph, the IMT, I.P., defines, in standard
regulatory, the limits of the zone of servitude and specifies the restrictions on use, occupancy
and transformation of the building.
Article 34. º
User protection area
2-It consists along the roads of the national road network an area of protection to the
user, to define in portaria to be approved by the member of the Government responsible for the
area of road infrastructure.
3-In the area of user protection may be installed infrastructure or equipment
strict as long as their existence is mitigated by the adoption of measures permitting
reduce the severity of any collisions.
SECTION II
Delimitation of the road public domain of the State
Article 35.
Delimitation procedures
1-If the limits of the state's public road domain with confined buildings do not
find sufficiently defined in the acquisitive securities, the administration
road promotes delimitation, either by its initiative or at the request of the concerned, in
harmony with the following procedures:
a) By agreement with the confining owner;
b) No agreement, upon forensics made by three arbitrators, being a
appointed by each of the parties and the third chosen by the appointed arbitrators;
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c) Should it not be possible to constitute the commission of arbitrators, the administration
road promotes the delimitation, in accordance with the elements
available.
2-A delimitation provided for in the preceding paragraph shall be reduced to self, approved by the
IMT, I.P., constituting title quite a lot for the purposes of drafting and updating the
road heritage enrollment, as well as for the purposes of the predial record.
Article 36.
Delimitation of the areas of servitude and jurisdiction
1-The areas of road servitude are bounded by the road administration when
this to be deemed necessary, or at the request of the interested owners.
2-Equal procedure is adopted, at the request of the municipal chambers concerned, as to the
delimitation of the area of road jurisdiction.
3-The delimitations referred to in the preceding paragraphs are reduced to self, homologated
by IMT, I.P., defining for all effects, and as long as they are not changed, the
limits of the areas of servitude and of jurisdiction to which they respect.
Article 37.
Plurality of affectations
1-When buildings intended for the deployment of a road infrastructure are
susceptible to satisfying various public utilities compatible with each other, the same
can be the object of a plurality of affectations.
2-A plurality of affectations predicted in the preceding paragraph is ordered by act or contract
administrative, in accordance with their nature and the public interests to be pursued.
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3-Buildings predicted in the previous figures remain integrated in the public domain
road, even if they cease to be affection to one of the remaining public utilities.
SECTION III
Disaffection, alteration of affectation and dominial mutation
Article 38.
Disaffection
1-The goods of the State road public domain that cease to be affections to the function
road or when the respect of dominial status is dispensable to the existence of the
road, can be disaffected from the said public domain and integrated into the heritage
private of the road administration, after appearing from the IMT, I.P., upon dispatch of the
members of the Government responsible for the areas of finance and infrastructure
road, published in the 2 th series of the Journal of the Republic .
2-The dispatching referred to in the preceding paragraph, in addition to the mandatory mentions
required by law, must contain the identification of the good and the fundamentals of the decision,
specifically the reasons justifying disaffection and the effect produced by this act,
as well as the consequent integration into the private domain of the State or in heritage
private of the road administration, fixing, in the latter case, the divest-free regime
or use of the property real estate object of disaffection.
3-A integration of goods disaffected into the private heritage of road administration
only if it can be carried out when the same is intended for alienation or exploitation
urbanistic or real estate and the monies to be ascertained with respect to alienation or use
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are affected as a matter of priority, in their entirety, to the reduction of the debt of that company or
intended for investments in the conservation, operation, maintenance and modernization of the
road infrastructure managed by the same.
4-A alienation and use of the disaffected and integrated real estate in heritage
private of the road administration can be in full ownership scheme,
constitution of surface law, or any other appropriate legal means.
5-A disaffection implies the extinction of the dominiality of the goods that with it are material
or functionally related, constituting the dispatching referred to in paragraph 1 title rather
for the purposes of predial registration and matrix enrollment of the disaffected goods, in favour of the
beneficiary.
Article 39.
Change of affectation
1-When a good of the public domain of the State if
revele fit to perform more than one of the purposes of public utilities justifying the
its integration into the public domain, the state can alter the affective affection.
2-A affectation of the goods from the public domain of the State
is made by dispatching from the members of the Government responsible for the areas of finance,
of road infrastructure and the sector of respective activity.
Article 40.
Dominial mutation
1-When a road cease to belong, in whole or in part, to the road network
national to integrate the municipal network, proceeds to the transfer of its title
for the respect of the municipality.
2-A The dominial mutation takes place by means of agreement to be concluded between the administration
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road and the municipality, with prior permission of the respective municipal assembly,
after approval by the IMT, I.P., subject to approval of the member of the Government
responsible for the area of road infrastructure.
3-A formalization of the mutation of the goods of the road public domain, in the terms of the
previous figures, it operates the change of its title by staying the target entity
of the goods vested in the powers and duties inherent in that title.
CHAPTER IV
Jurisdiction, use and defence of the public road public domain of the state
SECTION I
Road jurisdiction
Article 41.
Area of road jurisdiction
The area of road jurisdiction, corresponds to the area of jurisdiction of the administration
road, and comprises:
a) The area covered by the goods of the State road public domain;
b) The areas of road servitude;
c) The zone of respect.
Article 42.
Third party acting in the area of road jurisdiction
1-A realization of works or activities in the area provided for in the paragraph a ) of the previous article that
interfere with the soil, subsoil or airspace of the road zone is subject to
licensing by the road administration, without prejudice to the rights and obligations
resulting from the contracts in force.
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2-A realization of works or activities within the area of jurisdiction but outside the domain
public road, shall be subject to:
a) Authorization of the road administration, when such works or activities
elapse outside the road zone but within the road servitude zones ,
provided for in paragraph b ) of the previous article;
b) Binding prior opinion of the road administration, which shall focus on
the works and activities of industrial, commercial, housing, lucid and other character character
that can directly or indirectly influence the fluidity of traffic and safety
of the circulation, where they lead them to an occupation of the area of
respect provided for in ( c ) of the previous article.
3-Built-in constructions in loteing operations as well as the infrastructure of
collective use with a construction area of less than 2000 m², do not meet
subject to the issuance of the opinion referred to in para. b ) of the previous number.
4-The activities of industrial, commercial, lucid and other that occupy, in the area of
respect, an area of less than 2000 m2, shall not be subject to the issuance of the opinion
prior referred to in para. b) of paragraph 2.
5-Are void of licences, permits, and opinions issued by other entities in
disrespect of the established in the n. paragraphs 1 and 2.
6-The period of validity of licences or permits may be extended by the
road administration, upon application by the person concerned, to be submitted before
that expiring.
7-The licensing, authorization and opinion processes referred to in paragraphs 1 and 2 start
through the delivery of application addressed to the road administration,
preferentially by electronic means, through its website, accessible
through the Citizen's Portals and the Company, a form being made available
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own that contains the elements to be submitted by the applicant, without prejudice to the licence,
the authorisation or the opinion can be obtained in the terms provided for in the legal regime
of urbanization and edification, established by the Decree-Law No. 555/99, of 16 of
December (RJEU).
8-The platforms and Internet sites referred to in the preceding paragraph shall use the
means of secure authentication, pursuant to the provisions of Law No 37/2014, of 26 of
June, as well as making information and data available in open formats, which
allow reading by machine, pursuant to Law No. 36/2011, of June 21.
9-A road administration may, through administrative contract, confer the
particular exclusive powers of fruition of the goods of the public domain under his
administration, always at precarious title and provided that the exercise of these powers in
exclusive is not prohibited by law.
Article 43.
Powers of public authority of the road administration
1-In the area of road jurisdiction it is incumbent on the road administration to ensure the
compliance with applicable laws and regulations, and exercise the respective powers of
supervision, without prejudice to the powers assigned legal or contractually to others
entities.
2-Where situations occur that disturb the normal conditions of use of the
road public domain or put into question any road servitude or
when it is warranted to prevent occurrences with identical effects on the road zone, the
road administration may, in the exercise of the powers of authority which are
conferred, remove or make a cessation of the situations referred to, using public force, if
necessary.
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3-A The road administration holds the powers, prerogatives and obligations conferred on the
State with respect to:
a) Administrative embargo and demolition of constructions effected in zones of
servitude non aedificandi and areas of protection set out in this Statute;
b) Coercive execution of their decisions and judicial and administrative decisions
applicable;
c) Instruction of prosecutions and application of sanctions for violation of the provisions of the
present Statute.
4-Within the area of road jurisdiction and to ensure cabal compliance with the standards
of road protection, the road administration still holds the powers of:
a) Determine, on a preventive basis and with immediate effect, upon written order
duly substantiated, the suspension or cessation of activities or the
closure of facilities that jeopardized the road movement or that
cause or threaten to cause damage to the road;
b) Identify the persons or entities that promote any activities in
violation of the legal and regulatory provisions of protection of the road, or the
public heritage affection for its exploitation, in particular to road safety,
proceeding to the immediate denunciation before the competent authorities, if such acts
are susceptible to integrating a legal type of crime or of illicit
counterordinate;
c) Request the collaboration of the administrative and police authorities to impose the
compliance with standards and determinations that, for reasons of safety or of
guarantee of inviolability of public goods, they must have immediate execution in the
scope of the acts of public management;
d) Determine the immediate removal of undue occupations of domain goods
public under your administration, or affections to your activity, resorting, if
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necessary, to the collaboration of the police authorities.
5-Owners and other beneficiaries of rustic or urban buildings may not object-
if to which any person, duly accredited to the effect by the administration
road, between and temporarily occupy its buildings for the purpose of inspections,
studies or realization of urgent and necessary works for the maintenance of the infrastructure
road.
6-A The execution of the provisions of the preceding paragraph shall be preceded by notification to the
owners or other beneficiaries of the buildings, save in the situations in which that
notification is not compatible with the urgency of the intervention needed to ensure
the maintenance of the road infrastructure, and may give way to compensation for the
damage effectively caused.
Article 44.
Management agreements
1-The sections of national roads within the counties of concelho or urban centres of
influence concelhia or supraconcelhia can stay in charge of the respective municipalities,
by means of management agreement to be established with the road administration, the type-approvals
by the members of the Government responsible for the areas of finance, infrastructure
road and local authorities and subject to publication in Journal of the Republic .
2-A road administration may establish agreements with municipalities or other
public entities, particularly with respect to the rules of overlaps of
domains, convergence of jurisdictions, responsibilities on construction,
management, operation, maintenance, conservation, exploitation, landscape integration,
public lighting or semaphorical equipment and other equipment.
3-The agreements referred to in the preceding paragraph shall lack the prior opinion of the IMT, I.P..
4-Where, within the framework of the concluded management agreements, the default is met
of the obligations assumed by the parties to the concluded management agreements, which may
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to put into question road safety or the management of the good of the public domain
road object of the agreement, the responsibility for these obligations is again
taken over by the road administration, immediately ceasing the effects of the agreement
celebrated.
Article 45.
Agreements with third parties
1-A The road administration may establish agreements with third parties, notably for
the settling of areas, determined by alignment or regularization works of the roads to
that this Statute applies, upon compensation or compensation that is
due.
2-When they have per object the hit of areas, the agreements constitute title quite a
detachation effects of part of a building and acquisition registration in favour of the
beneficiaries of the reckoning, and shall contain the elements of identification of the immovable property
in the terms required in the paragraph b ) of Article 44 (1) of the Code of the Predial Register.
3-The private individuals who wish to build, in buildings of their own, facilities that, by their
dimension, location, number of intended users or any other circumstance,
may affect, directly or indirectly, the level of service and the safety of the circulation of
a road to which the present Statute applies, may, upon agreement with the
road administration, contract obligations and accept counterparts relatively to the
construction, conservation and the introduction of improvements to the road infrastructure of the
public domain affected.
4-The agreements referred to in the preceding paragraph shall lack the prior opinion of the IMT, I.P..
5-Where, within the framework of the agreements concluded, please check the default of the
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obligations assumed, which may put into question road safety or management
from the good of the road public domain object of the agreement, the responsibility for those
obligations is taken up by the road administration, immediately ceasing the effects
of the agreement concluded.
SECTION II
Use of public road public domain of the State
Article 46.
Public use of road
1-Following the opening to the transit of the roads to which this Statute applies, the goods which
they integrate the public road public domain of the State are intended for their permanent use.
2-On the grounds of works or safety, the road administration may suspend or
condition the transit, or allow, on an excecional and temporary basis, its use for
different purposes, in articulation with the other entities responsible for security
road, acaucturing the interests of the users of these routes and legal provisions and
applicable regulations.
Article 47.
Special transport
1-In compliance with the Regulation of Transit Special Permits, approved
by the Portaria No. 472/2007 of June 22, as amended by Portaria No. 787/2009, of 28 of
July, the use of the roads to which this Statute applies by vehicles which, by their
dimensions or characteristics, may constitute danger to the movement or to the
own infrastructure, it lacks the prior opinion of the managing entity of the infrastructure
road object of that use.
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2-The opinion referred to in the preceding paragraph shall be requested in advance
minimum of 15 days for the intended use and contain, inter alia, the identification of the
intended itinerary, the characteristics of the vehicle and its load, the date and time of the
use of the road, the safety measures that must be respected, as well as the
entities mobilized for their follow-up.
Article 48.
Transport of dangerous goods
The transport by road of dangerous goods is applicable to Regulation of the
Transport of Dangerous Goods by Road, constant from Decree-Law No 41-
A/2010 of April 29, as amended by the Decrees-Leis n. ºs 206-A/2012 of August 31, and
19-A/2014, of February 7, competing for IMT, I.P., to ensure its compliance, without
prejudice to the provisions of special legislation in force and competences legally
assigned to other entities.
Article 49.
Competence of the road administration
1-A road administration is competent to decide on applications for use
deprivation of the public domain integrated in the area of road jurisdiction, and respect
duration, as well as to issue the necessary authorizations and opinions in the terms
provided for in Article 42.
2-A decision that comes to the end of the applications referred to in the preceding paragraph shall
ensure the compatibility of the intended use with the integrity of the infrastructure
road and safety of its users, and is untransmittable, unless consent
written from the road administration.
3-A The competence of the road administration referred to in paragraph 1 may be delegated, with the
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subdelegation faculty, in third-party entities with the responsibility of management of
roads.
4-A road administration may, for reasons linked to the work to be carried out in the infrastructure
road or in the interest of road safety, send out or displace the
facilities or equipment installed in the public road public domain of the State,
always at the expense of the owning entity or manager of the premises or the
equipment and in the conditions by that defined.
SECTION III
Defence and conditions of use of the public road public domain of the State
Article 50.
Links and accesses to the road
1-Are prohibited, from public or private properties as well as from pathways
unclassified municipal, direct accesses to IP, IC and other veiled roads.
2-A excecional title, when, for reasons of a technical nature, be necessary, by
non-availability of economically viable alternatives, establish direct access to IP, IC
and other veiled roads, the same may be authorised by reasoned order
of the member of the Government responsible for the area of road infrastructure, upon
previous opinion of the IMT, I.P..
3-On the national roads vetted and with conditioned accesses, in addition to the connections
provided for in respect of implementation projects, new links are only allowed for
improve the connection between roads of the national road network, to potentiate the function
of the routes that are intended to interlink or the establishment of necessary accesses to the
development of projects of national interest, as such recognized by the
Government.
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4-The links referred to in the previous number, as well as new links to IP, IC and roads
vetted, lack the approval of IMT, I.P., supported in technical studies
grounded.
5-On roads not framed in paragraphs 1 and 2 only the licensing of a
new access from public or private properties, as well as from pathways
unclassified municipal, if there is no already other access or this one does not reveal itself
appropriate to the traffic generated and under the conditions set out in Article 51.
Article 51.
Conditions of accessibility to the road
1-The accesses to the road referred to in paragraph 5 of the preceding Article shall possess characteristics
techniques and operational that minimise the impacts on road safety, in the
capacity of the road and in traffic fluidity, and depend on licence to be issued by the
road administration.
2-The requirements and technical specifications of the accesses are set out in standard
regulation, to be drawn up by the road administration, subject to approval of the IMT, I.P..
3-A road administration can:
a) Proceed to the temporary suspension of the licence granted or to its revocation, always
that check the default of the conditions of the licensing, the modification of the
use or characteristics of the access, the alteration of the assumptions of the
licensing, as well as the frequent occurrence of claims in the area of access;
b) Determine the alteration or new location of existing connections or accesses,
when to check for increased traffic induced by facilities served by such
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links or accesses, being all works, if deemed indispensable by the
road administration, costed by the concerned;
c) Modify or displace already existing links or accesses, in the sequence of change
of the characteristics of the road or of its conditions of safety or operation.
Article 52.
Planning and control of accesses
1-With the aim of ensuring the road's performance levels over time,
particularly in terms of road safety, capacity and fluidity of traffic, the
road administration can draw up project planning and access control,
which evaluate and determine the changes to be promoted on the road, as to the creation of
new intersections in replacement or non-existing ones.
2-The requirements and technical specifications to be observed in the planning projects and
control of accesses are defined by the road administration in standard
regulatory, subject to approval of the IMT, I.P..
3-The projects of the responsibility of other entities, which lead to the need for
intervention on the roads under the jurisdiction of the road administration, must observe the
design and access control project drawn up in the terms of paragraph 1 and lack
of approval of the road administration.
4-In the event of the inexistence of the access planning and access control project, the permit only
may be issued by the road administration if they are safeguarded to safety
road, the fluidity of traffic and the technical or economic unviable of any other
accessibility.
Article 53.
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Prohibitions in the road zone
1-In the IP and in the IC and other roads veded and with conditioned accesses is prohibited to
occupation of the subsoil of the road platform for third party installation, with the exception
of the situations provided for in Article 56 (3).
2-In the road zone is prohibited the exercise of any activities or actions not
licensed or which may impair road safety, namely:
a) Use, damage or occupy any integral element of the public domain
road;
b) Have on the outer walls of the buildings or sealing walls any
objects that stand protruding on the platform of the road in relation to the plan of the
wall or wall.
Article 54.
Obligations of the owners of the confining buildings
1-The owners of the confining buildings with the road zone must abstain from
any procedure that predicates or may jeopardize the transit or the
road users, and should adopt all the necessary behaviours to
prevent damage to the road.
2-The subjects referred to in the preceding paragraph shall still comply with the rules of management and
cleaning of the forest as well as of the water lines, provided for in special legislation, save
in the situations where the obligation impens on the road administration or on the
entity managing the road infrastructure, pursuant to the law applicable to the system of
defense of the forest against fires.
3-The owners of the confining buildings must:
a) Cut down the trees or demolish the buildings or other constructions that threaten
ruin or collapse over the road zone;
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b) Podar the branches of trees that harm or offer danger to transit;
c) Remove from the area of the road, after knowledge of the fact, the trees, the rubble
or other materials that obstructs it by the effects of falling, collapsing or in
consequence of the realization of any work or activity, and which are of its
responsibility.
4-The buildings, containment works and sealings of confined terrain with the area of
road must stay in proper state of conservation, and the administration may
road intimate the owners for the execution of conservation works or for the
demolition of constructions that find themselves in a state of abandonment or ruin or that
present danger to the movement, and that they are of their responsibility.
5-Should the road administration be replaced with the confining owner in a
any of its obligations referred to in the preceding paragraphs, and has borne the
respects expenses, this is notified to proceed to the voluntary payment of the
amount of the expenses incurred.
6-When the payment referred to in the preceding paragraph is not effected within 20 days
to count from the notification of the confining owner for the purpose, the amounts in debt
are charged in the process of carrying out tax, serving as an executive title certian
passed by the road administration proving the expenses effectuated.
Article 55.
Edifices, gaskets and containment works
1-The servings set out in the terms of this Statute shall not harm the
possibility of, in the respect of zones, building or implanting:
a) Buildings along roads, in the sections that constitute streets of zones
consolidated urban, in accordance with the alignment of the existing buildings and
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duly legalized;
b) Definite sealings and containment works at a minimum distance of 7
m of the boundary of the road zone, in the case of IP and IC and of 5 m, in the case of
EN, or outside of the servitude of visibility and the area of protection to the user, since
that the same do not exceed the height of 2.5 m, counted from the natural conformation
of the soil;
c) Easy-to-remove sealings, at precarious title, at a minimum distance of 1 m from the
boundary of the area of the road, networked, provided that its height does not exceed 1.6 m,
Counted from the natural conformation of the soil, where there is no result
inconvenient for the conditions of road traffic and safety;
d) Living sebes, of semilenhous consistency, at a minimum distance of 1 m from the limit
of the road zone, as long as they are kept trimmed, with a maximum height
of 1 m, whenever it does not result in any inconvenience to the conditions of
circulation and road safety.
2-A edification or implantation of the definitive character sealings and the works of contention
lack of permission from the road administration.
3-A edification or implantation of easy-to-remove sealings and living sebes stay
subject to mere prior communication to the respect of road management.
Article 56.
Permissions regarding the road zone
1-The soil, the subsoil and the airspace of the road zone as well as the infrastructure in it
integrated, can be occupied or used with equipment, materials or
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infrastructure, provided that such an occupation or use is compatible with public use
viary and there is no injury to the road conditions and road safety, well
as for the stability, conservation and exploitation of the infrastructure.
2-A occupation or use of the ground, subsoil or airspace of the road zone by
equipment, materials or infrastructure unrelated to the holding or with the
road safety, constitutes deprivative use of the public road domain.
3-In the subsoil of the IP platform, IC and roads vetted with conditioned accesses
can be installed, only in case of public interest of special relief
duly proven, traversing perpendicular to the axis of the road of
piping or cable conductors of electric power, of liquids, of gases, of
telecommunication or equated, provided that your replacement or repair is done by
means of techniques that do not imply the need for the lifting of the pavements.
Article 57.
Bans on confined land and neighbours of the road
On the borer grounds and neighbours of the road is prohibited:
a) The implantation of trees or shrubs in the area of visibility servitude;
b) The realization of excavations at the distance from the boundary of the road zone lower than three
times the respect depth;
c) The installation of luminous seals that could harm or endanger the
transit.
Article 58.
Permissions in zones of servitude non aedificandi
1-Can be authorised, by the IMT, I.P., works of extension or alteration of buildings
commercial, industrial or service, already existing in the area of servitude non aedificandi , à
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date of entry into force of this Statute or that, with the construction of the road,
stay situated in that area, as long as the magnification or modification cannot, in
economically reasonable conditions, operate in another direction and there is no change of
type of activity.
2-Can be authorised, by road administration, in the area of servitude non aedificandi:
a) Reconstruction, alteration and extension works in buildings not considered in the
previous number already existing in the area of servitude non aedificandi at the date of entry
in force of this Statute, or which, with the construction of the road, stand
situated in that area, safeguarded that the distance to the road zone continues.
b) Works exempt from prior control, pursuant to Article 6 of the RJEU;
c) Constructions in fuel supply posts, functionally
necessary to meet the minimum user support services, defined
in specific legislation;
d) Sales, deposits, exhibition of goods, without construction of buildings, provided that,
cumulatively:
i) If they are located at a minimum distance of 7 m from the boundary of the road zone, in the
case of IP and IC, or 5 m, in the case of national roads, without prejudice
of the visibility servitude zone;
ii) Be it impossible to access to the site from the road or, when it is
licensed an access, there is a private park in such a way that the
parking place if you do outside the road zone;
e) Installations of telecommunications antennas and public distribution networks of
water, sanitation and energy and other of public utility, as well as the
buildings strictly necessary for their functioning.
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3-The authorisations to which the previous figures are reported are granted provided that,
cumulatively:
a) Of them do not result in the aggravation of the conditions of movement and safety
road, nor does it affect the perfect visibility of traffic;
b) The respective owners and holders of other rights waive the
compensation, in the event of possible expropriation, by the increase in value that
of these works result for the building, being such a fact subject to predial registration.
4-The works of conservation, repair or cleaning do not lack authorisation.
Article 59.
Visible advertising of roads
1-A visible advertising fixation of the roads to which this Statute applies shall be
subject to obtaining a licence, to be issued by the territorially competent municipality.
2-Received the application for licensing, the municipality refers copy to the administration
road to which you will comment on the application within 10 working days.
3-In the absence of pronunciation within the period referred to in the preceding paragraph, it shall be deemed to
road administration has issued it look positive.
4-The rules applicable to the affixing of visible advertising of the roads to which the
this Statute, specifically as to the subjects with potential impact to the
road safety, such as the location allowed, the content of the message, the
luminosity, the criteria for the implementation, maintenance and conservation of the
respects advertising supports, as well as the fee due to the administration
road, they are established in portaria to be approved by the members of the Government
responsible for the air of finance, road infrastructure, authorities
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locals, road safety and area with generic skills in the field of
advertising.
5-A The road administration promotes, by itself or by public or private entities, in
articulation with the respective municipalities, the identification of existing advertising that
is visible from the roads to which this Statute applies.
6-For the purposes of the licensing of visible advertising of the roads to which the
This Statute, municipalities shall abide by the rules laid down in the porterie referred to
in paragraph 4.
Article 60.
General criteria for affixing visible road advertising
1-A message or its supports for their shape, colour, text, symbols, dimensions or
location should not interfere with the normal road visibility conditions and
with the signaling and safety equipment and be confused with the signs
regulatory.
2-A message or its supports should not constitute rigid obstacles in places that
find themselves in the expectable direction of dispatching vehicles.
3-A message or your supports must not possess any source of illumination
particularly fixed or mobile projectors in which the luminous flux, in a way
permanent or temporary, be directed in a sense appreciably parallel to the axis of the
road and can provoke plumbing.
4-Should not be entered or affixed any messages in the equipment of
signalling and road safety and on the regulatory signals and their supports.
5-A affixing or inscription of the advertising messages may not obstruct the organs of
drainage or condition in any way the free runoff of rainwater.
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6-The movement of pedestrians in safety shall be guaranteed, namely those of
reduced mobility, and should, for this, be respected a zone of pedonal circulation,
free from any message or advertising support, which should not be less than 1.5 m.
Article 61.
Improper setting of advertising
1-A advertising, supports or advertising structures unduly affixed in the area of
road are immediately removed by the road administration, in its area of
jurisdiction, without prior notice and at the expense of the offenders, may be considered
lost in favor of that, in the terms of the law.
2-Out of the road zone, but in the area of road jurisdiction, the audit competes with the
road administration and municipalities.
3-Deteted the affixing or enrollment of illegal advertising for lack of licensing or by
disrespect of the conditions imposed by this, the road administration reports to the
municipalities the situations of illegality for the purposes of establishing and instruction of the
respects counterordinational procedure.
4-In cases where the detached situations are not liable to legalization, the
road administration instaura the competent counterordinational process, giving
knowledge to the municipality's respect.
Article 62.
Offenders in relation to advertising
1-Are punished as co-authors of the envisaged counterordinations in the matter of affixing
advertising the advertiser, the advertising agency or other entity that exerts the activity
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publicist, the holder of the advertising support or the concessionary respect, the
owner or possessor of the building where the advertising has been affixed or inscribed if
has consented to express or tacitly on this affixing or enrollment.
2-The coauthors referred to in the preceding paragraph are jointly and severally responsible for the
expenses occasioned by the removal, as well as the damage or damage caused to the
road administration or to third parties.
Article 63.
Fees
1-The value of fees to be charged by the road administration for the privative uses of the
public road public domain of the State, as well as the authorizations provided for in the
this Statute shall be fixed by porterie of the members of the Government responsible for the
areas of finance and road infrastructure, and may be differentiated in function
of the type of segmentation referred to in Article 11.
2-A The porter referred to in the preceding paragraph shall also determine the fees to be charged by the
instruction of the processes, issuance of opinions, achievement of extraordinary surveys and
revalidations.
3-Total or partial payment of fees may be made by compensation, in the following
terms:
a) For the value of real estate to give in to the public domain;
b) For the value of the realization of construction works or beneficiation in the viaria network.
4-A The listing of the fees is reviewed at least every five years.
5-The value of the fees is updated up to the April 1 of each year, depending on the variant
homologous of the annual consumer price index (CPI), without housing, for Portugal
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continental, published by the National Institute of Statistics, I.P..
6-The fees apply to all entities managing infrastructure or equipment
installed or to be installed in the area of the road, namely managing entities of
transportation of natural gas, from underground storage of natural gas, from prescription, from
storage and regasification in liquefied natural gas and distribution terminals
of natural gas, of ventures and activities in the area of the electrical sector, as well as the
entities managing public systems for capturing and distributing water, collection,
treatment and rejection of effluents and collection, transport and deposition of solid waste
urban.
Article 64.
Coordination of works
1-A The coordination of the works affecting the soil, the subsoil and the airspace of the area of the
road belongs to the managing entity of the road infrastructure.
2-Whenever you are asked, the managing entity of the road infrastructure informs the
public or private entities interested in the realization of interventions in the area of
road on the timetables of the possible interventions provided for in their plans to
investment that, in some ways, can interact with the pretensions of those
entities.
3-In project headquarters, the managing entity of the road infrastructure seeks to ensure
an efficient coordination of the works to be carried out, particularly through identification
of the needs of the different stakeholders and the compatibilization of the same with the
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work that it intends to develop, without prejudice to the correct distribution of
responsibilities that have coured each of the entities involved.
4-Complied with the requirements set out in paragraphs 2 and 3 it is not possible to realize any
intervention on the platform of roads that have been the object of construction or
deep benefit in the first five years after its provisional payout.
5-Without prejudice to the provisions of the preceding paragraph, the managing entity of the infrastructure
road can authorise interventions on the road platform in cases of manifest
and indisputable public interest, provided that the reposition of the characteristics is ensured
existing techniques, as well as guaranteed the execution of the repavitation works
defined by the managing entity of the road infrastructure.
Article 65.
Obligations of managers of non-road infrastructure or equipment
installed in the road zone
1-Managers of non-road infrastructure or equipment installed in the area of
road are responsible for their maintenance or conservation.
2-The managers referred to in the preceding paragraph are required to do, in due time,
the work of which the said infrastructure and equipment are lacking.
3-In case of disrespect of the obligation set out in the preceding paragraph, the entity
manager of the road infrastructure notifies the managers of the infrastructure no
road or equipment to carry out the necessary work, establishing
the time frame and conditions of achievement of them.
4-A The managing entity of the road infrastructure can replace the managers of the
non-road infrastructure or equipment in case these do not respect what they are
indicated in the terms of the previous article, by staying these obligated to the payment of the
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expenses incurred.
5-The managers referred to in paragraph 1 are responsible for the damage that infrastructure does not
road or equipment under its management may cause the pavement or the
any goods from the road public domain or private heritage of the
road administration, as well as the damage caused to the users of the route, to the
confining owners, or to third parties.
6-Should the repair referred to in the preceding paragraph have been borne by the entity
manager of the road infrastructure, the managers of non-road infrastructure or
equipment becomes obligated to the payment of the expenses effected.
7-Managers of non-road infrastructure or equipment are notified by the
managing entity of the road infrastructure to proceed to voluntary payment
of the expenses effected within the period that is fixed.
8-The managers referred to in paragraph 1 shall keep up to date a georreferenced enrollment
with the location and characteristics of the infrastructure and equipments of its
liability installed in the road public domain, and the first version
of the enrollment being handed over to the road administration within six months of the
date of entry into force of this Statute.
9-A road administration must have permanent knowledge of the updates that
would appear to occur in the enrolment referred to in the preceding paragraph, pursuant to the
technical specifications that define.
Article 66.
Works on the ground and underground of the roads
1-Whenever the works and activities of third parties interfere with the soil and subsoil of the area
from the road the managing entity of the road infrastructure defines the characteristics
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techniques and the conditions to which they must comply.
2-In case of urgency, the managing entity of the road infrastructure sends to execute,
without prior notification and at the expense of the managing entity of the infrastructure that interferes
with the soil and subsoil of the road zone, the works it deems necessary for
guarantee road safety.
Article 67.
Expenses
1-The expenses incurred by the managing entity of the road infrastructure on the terms
of Articles 65 and 66, including any damages or financial penalties that
this one has to bear for the effect, are the responsibility of the entity whose
behavior originated them.
2-The amounts referred to in the preceding paragraph that are not paid voluntarily in the
deadline set out in the notification are charged in the competent judicial process.
Article 68.
Collateral
1-Whenever it considers it necessary the managing entity of the road infrastructure can
ask the entities to carry out works or any other activities in the area of the
road, or to interfere with this one, including its use by special transport,
the provision of a surety, without which the works, activities or use cannot
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occur.
2-Fulfilled the conditions of execution set out in the permit or authorization
granted, or opinion issued, the managing entity of the road infrastructure proceeds to
release of the surety.
CHAPTER V
Surveillance and sanctions
Article 69.
Scope of the audit
1-A realization of any operation in the area of road jurisdiction is subject to
supervision of the road administration regardless of its subjection to preview
authorization, licensing or opinion, without prejudice to the duties of supervision
assigned to the entities managing road infrastructure, the municipalities or the
other entities to whom the law ascribe those competencies.
2-Compete the road administration for supervision, in addition to the public domain
road of the State and within the area of respect, of the rules of protection of the road
provided for in this Statute and too much road protection legislation.
3-For the purposes of the provisions of the preceding paragraph, the infrastructure-managing entities
road traffic should collaborate with the road administration, communicating it to
infringement of the provisions of this Statute and too much road protection legislation,
as well as providing the information that is requested to them.
Article 70.
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Counterorders
1-Without prejudice to civil, criminal or disciplinary liability, constitute
lightweight counterorders punishable with fine of € 500.00 a € 2 500.00, when practiced
by natural persons, and from € 3 to 000.00 a € 10 000.00, when practiced by persons
collectives, the following infractions:
a) The damage or the simple displacement of road signs, organs of
drainage, sealings or any other good or supporting equipment,
belonging to the road;
b) The construction of accesses to the road in violation of the statuary in Article 50;
c) The damage of vegetation or environmental protection infrastructure in
public road domain;
d) The failure to comply with the existing access improvement subpoena provided for in the
b ) of Article 51 (3) or of the conditions of licence, according to
point ( a ) of paragraph 3 of the same article;
e) The disrespect on the part of the owners of the confining buildings with the area of the
road from the established in the ( a ), b ) and c) of Article 54 (3);
f) The disrespect for the owners of the confining buildings with the road zone,
by the subpoenas provided for in Article 54 (4);
g) The construction of sealings and works of contention in violation of the provisions of the
article 55;
h) The deployment or installation of infrastructure or equipment in the area of
road in violation of the provisions of Article 56;
i) The violation of the provisions of Article 57;
j) The affixing of publicity in violation of Articles 59 and 60;
k) The affixing or placement of advertising without licensing;
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l) The non-conservation of the infrastructure or equipment installed in the area of
road;
m) The failure to comply with the technical conditions for reposition of soil or subsoil, by
part of the responsible entity of the works referred to in Article 66;
n) The beginning of the works or activities of third parties without the presentation of the surety
provided for in Article 68.
2-Constituent serious counterordinations, punishable with fine from € 1 to 500.00 a € 6 000.00,
when practiced by natural persons, and from € 12 to 000.00 a € 24 000.00, when
practiced by collective people, the following infractions:
a) The acts of edification, transformation, occupation and use of the goods understood in the
zone of servitude non aedificandi , unenforceable of authorization or execution in the
terms of this Statute;
b) The constructions effected within the visibility servitude zone;
c) The improper use of the CTR or in disregard for the regulations referred to in
n Article 15 (5);
d) The realization of works and activities of third parties that interfere with the soil, subsoil,
or airspace of the area of the road in violation of Article 53;
e) The construction of direct accesses to the roads identified as IP or IC;
f) The violation of the provisions of the provisions of a ) and b ) of Article 53 (2);
g) The installation of light seals in the neighbouring buildings or confinement area of the
road;
h) The disrespect of the administrative acts determining administrative possession, the
embargo, the demolition of works or the reposition of the ground in the previous situation
provided for in this Statute;
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i) The disrespect for the managers of the infrastructure and equipment installed in the area
of the road, of the obligations laid down in Article 65.
3-Constitute very serious counterordinations, the infractions identified in the numbers
previous in case of reoffending, being punishable with fine from € 2 to 500.00 a
€ 10 to 000.00, when practiced by natural persons, and from € 15 to 000.00 a € 44 890.00,
when practiced by collective people.
4-Should the agent have withdrawn from the infraction a calculable economic benefit higher than the
maximum limit of the fine, and there are no other means of eliminating it, this limit may
elevate up to the amount of the benefit, but without ever being able to exceed one third of the
maximum legally established limit.
5-A attempt and negligence are punishable owing, in such cases, the minimum limits and
maximum fines be reduced to half.
Article 71.
Ancillary sanctions
1-Depending on the severity of the counterordinance, they can be applied, cumulatively with
the fine, the following ancillary sanctions:
a) Loss, in favour of the State, of the objects belonging to the agent and used in the
practice of the infraction;
b) Interdiction of the exercise of occupations or activities that depend on title
public or authorization or type-approval of public authority;
c) Deprivation of the right to participate in fairs or markets;
d) Closure of establishment whose operation is subject to authorisation
or license of administrative authority;
e) Suspension of permits, licences or alvargas.
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2-The sanctions referred to in points b ) a and ) of the previous number have the maximum duration of
Two years, counted from the traffic on trial of the sentencing decision.
Article 72.
Competence for instruction of the processes of counterordinance and application of
sanctions
1-Without prejudice to the sanctioning power assigned to municipalities in special legislation,
compete with the road administration the opening and the instruction of the process
counterordinance, as well as the application of the fines provided for in this Statute,
that respect the infractions committed in your area of jurisdiction, observing yourself in the
respects tramway the general regime of the illicit of mere social ordering, constant of the
Decree-Law No. 433/82 of October 27, as amended by the Decrees-Laws 356/89, of
October 17, 244/95, of September 14 and 323/2001, of December 17, and by the Law
109/2001, of December 24.
2-The fines applied in the process of counterordinance by decision made final,
when unpaid voluntarily, are the object of coercive collection through process
of tax execution.
Article 73.
Coercive collection
The coercive collection of the amounts provided for in Article 54 (6), in paragraph 2 of the
previous article, and in Article 79 (2), may be promoted by the Tax Authority and
Customs, in the terms to be defined by protocol to be concluded, for the purpose of, between this service and
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the road administration.
Article 74.
Target of the product of the fines
The product of the fines reverses in:
a) 60% for the State;
b) 40% for the entity that promotes the introduction and instruction of the respect
counterordinational procedure.
Article 75.
Embargo
1-A road administration is competent to embark on the works of any nature
when, in violation of the provisions of this Statute, they are being implemented:
a) Without the necessary license, authorization or opinion;
b) In discompliance with the respective project or the conditions of approval,
of the licensing, authorization or opinion.
2-The embargo has an urgent character and is regulated, with the necessary adaptations, by the
constant provisions of the RJEU.
Article 76.
Demolition of the work and reposition of the land
1-A The road administration may order the full or partial demolition of the work or the
reposition of the ground in the conditions under which it was found before the date of commencement of the
works or works, setting a deadline for the effect.
2-A demolition can be prevented if the work is susceptible to being approved, licensed or
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authorized.
3-A Order for demolition or remake referred to in paragraph 1 is antecedent of hearing
of the person concerned, which has the deadline of 15 days from the date of its notification to
pronounce on the content of it.
4-Elapsed the time limit referred to in the preceding paragraph, without the person concerned having
pronounced or, having done so, the defence presented does not merit provement, the
road administration, through reasoned decision, determines the total demolition
or partial of the work or the reposition of the ground in the conditions in which it was found before
of the beginning of the proceedings, setting a reasonable time frame for the purpose.
5-In the case of failure to comply with the subpoena within the period referred to in the preceding paragraph, it may
road administration to replace the offender and perform the work at the expense
of this.
6-The work referred to in the preceding paragraph shall not lack the licence.
Article 77.
Administrative possession
1-Without prejudice to criminal liability, in the event of the failure to comply with any of the
fixed measures to ensure compliance with the provisions of this Statute, the
road administration may determine the administrative possession of the immovable or land
where the work is being carried out, so as to allow the coercive execution of such measures.
2-The administrative act that has determined the administrative possession is notified to the owner
of the works and the remaining holders of real rights on the real estate or ground by letter
registered with notice of recetion.
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3-A administrative possession is carried out upon the elaboration of a self where, in addition to
identify the administrative act referred to in the preceding paragraph, are specified
identification of the building, the well-known holders of real rights about the same, the
state in which the immovable or the ground, the work and the other constructions are found
existing at the site, as well as the equipment that they meet there.
4-In duly justified cases, the road administration may authorize the
transfer or withdrawal of the equipment from the immovable or ground object of possession
administrative, on your initiative or the application of the owner of the works or your
contractor.
5-The owner of the works or his or his contractor must be notified whenever the
equipment is deposited elsewhere.
6-A The administrative possession of the real estate or land and equipment remains by the
period necessary for the coercive execution of the measure advocated to ensure the
compliance with the provisions of this Statute, lapsing after its expiry.
Article 78.
Coercive execution
1-In the event of the coercive execution of an embargo order, the road administration
proceeds to the sealing of the construction site and the respects equipment.
2-In the event of a coercive execution of a demolition order or remediation work
or alteration of works, these must be performed at the same time frame as it had been
granted for the purpose to its addressee, counting this period from the date of
beginning of administrative possession.
Article 79.
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Expenses carried out with the coercive execution
1-The payment of the amounts relating to the expenses incurred pursuant to the previous article,
including any damages or financial penalties that the administration
road has to bear for the purpose, it is the sole responsibility of the offender.
2-In case the amounts referred to in the preceding paragraph are not paid voluntarily in the
period of 20 days from the notification of the offender, the same are charged at
tax enforcement process, serving as executive title to the certificate passed by the
road administration proving the expenses incurred.