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Article 1.- Créase una ComisiÃ3n Nacional de PrevenciÃ3n y Control de Accidents de Tránsito que será Honoraria y que estará comprising a delegate and an alternate delegate of the following public bodies and private institutions: Ministerio de Transporte y Obras PÃoblicas, que la presidirá, Ministerio de Salud PÃoblica, Ministerio del Interior, Cultura de Educanencia Nacional
The executive branch shall also designate a deputy and his corresponding alternate among the candidates proposed by the Automotive Center of Uruguay, the Automobile Club of Uruguay and the Centro ProteccionChoferes de Montevideo.
In the event that any vote of the precited National Commission will be tied, your President will have a double vote.
It will operate in the Ministry of Transport and Public Works as a deconcentrated agency with the specific tasks determined by the Law.
Article 2.- The National Commission established by this Law will aim to preserve public health and safety in the treadmills of the whole national territory.
Article 3.- Compete a la ComisiÃ3n Nacional de Prevención y Control de Accidents de Tránsito:
| A) | Monitoring in the correct application of the provisions of this Law. |
| B) | To achieve greater security and improve the management of the tripartite. |
| C) | To study, project and promote action programs by advising the executive branch with the necessary measures to combat the accident in the triad. |
| D) | Educate and train for the correct use of public transport. |
| E) | Supervising and coordinating educational programmes with official and private agencies (educational, health, professional, scientific, trade union, business, social, research, or others) in order to achieve greater effectiveness. These organizations must condition their actions to the guidelines established by the National Commission for the Prevention and Control of Traffic Accidents. |
| F) | The creation and management of a single national system for the re-learning of information and investigation of causes of accidents of tripartite and other aspects related to them, their form of processing and their use, promoting the exchange with national and international agencies specialized in the subject and training of the respective technical bodies. |
| G) | Avoid polluting the environment. |
| H) | The administration of the funds awarded or awarded to it in the future in order to meet its development. |
Article 4.- The aforementioned ComisiÃ3n will be empowered to require public bodies, as well as the private ones, the information and the collaboration necessary for the correct fulfillment of the tasks assigned to it by this law.
Article 5.- The National Commission for the Prevention and Control of Traffic Accidents will have technical autonomy for the fulfilment of its tasks.
Article 6.- The members of the National Commission for the Prevention and Control of Traffic Accidents will be appointed by the Executive Branch on the proposal of the corresponding agencies, and may be replaced by the same day.
Article 7.- The resources of the National Commission for the Prevention and Control of Accidents of Tránsito constitute the allocations set by the National Budget Law and its modifications, the civil and natural fruits of the goods that belong to it, the goods that receive by testament or donation, the loans that you obtain and the product of the taxes, fees and contributions that the Law gives you.
Article 8.- Sanctioned the present Law and within the period of ninety days, the Executive Power shall provide the body of the human and material resources necessary for its implementation and shall regulate the Law, on the proposal of the Ministry of Transport and Public Works, with the advice of the aforementioned Commission.
Article 9.- The National Commission for the Prevention and Control of Traffic Accidents will regulate the learning provided by the centres for the teaching of motor vehicles, as well as the characteristics of the equipment and vehicles for this purpose.
Article 10.- The National Commission for Prevention and Control of Traffic Accidents will determine the conditions required to exercise the teaching of such centers.
Article 11.- The Municipal Intendencies will carry a record of the centers of teaching of motor vehicles based in their department and will control the compliance of the rules that regulate them by adopting the sanctions of the case, communicating them to the Commission.
Article 12.- The Ministry of Education and Culture, through the competent bodies, will promote the incorporation of primary education programmes at all levels, with a view to ensuring that the child plays a safe leading role in the young.
Article 13.- It will also promote the inclusion in the secondary, technical-professional and University of the Republic of the topics related to safety in the trinsito, linking them with the curricular contents.
Article 14.- The Ministry of Education and Culture will require, for the preceding purposes, the collaboration and assistance of the National Commission for the Prevention and Control of Traffic Accidents.
Article 15.- The National Commission for the Prevention and Control of Traffic Accidents with the advice of the Ministry of Public Health will establish standards for the qualification of psychophysical aptitude for the granting of driving licences, in their different categories, which will be unique and applicable throughout the national territory.
Article 16.- The National Commission for the Prevention and Control of Traffic Accidents will establish the qualification standards for the evaluation of the suitability of drivers, whatever the means, for the granting of the qualifications for the different categories, which will be unique and applicable throughout the national territory.
Article 17.- The driving qualifications will be granted by the Municipal Intendences in the capital cities and in those localities that have the technical elements required for the obtaining of them, which will have national validity.
Article 18.- See the Unique National Register of Conductors, VehÃculos, Infracción y Infractores, which will be in charge of the Ministry of Transport and Public Works.
Article 19.- According to their specific and relevant tasks, they are obliged to refer information to the Municipal Intendencies and the units of the Ministries of the Interior and of National Defence.
Article 20.- The Ministry of Transport and Public Works shall coordinate with the Municipal Intendencies and other public bodies the forms and deadlines for the provision of the information necessary for the operation of the National Unique Registry of Conductors, VehÃculos, Infrctions and Infractores.
Article 21.- The data of the Register must be supplied to the request of the competent judge, the National Commission for the Prevention and Control of Accidents of Tránsito and other official agencies linked to the prevention of accidents.
Article 22.- The National Commission for the Prevention and Control of Traffic Accidents will propose to the competent authorities a system of sanctions against the offenders of the provisions relating to the triad, which will be applied throughout the national territory by the competent authorities and authorities within the scope of their respective jurisdictions.
Without prejudice to what is established, each body or national or municipal authority may dictate, within the scope of its jurisdiction, complementary penalties for each case.
Article 23.- Such a system shall, without prejudice to the provisions of the Title VII of this Law:
| A) | Higher sanctions, when it is a professional driver. |
| B) | As an aggravating factor, the speed of speed is higher than the authorized maximum speed. |
| C) | As a severely sanctioned infraction, driving with lack of empowerment. |
| D) | As an aggravating factor, the repetition within the twelve-month limit of previously indicated faults, which will determine the duplication of the last penalty applied. |
| E) | That the severity of the penalty is proportional to the risk generated by the fault. |
| F) | That pecuniary sanctions be established in rejustable units. |
| G) | Severly sanctionable the situation of loose animals on the public road. |
Article 24.- It will be considered to be disabled to drive vehicles of any kind that move through the public path, when the concentration of alcohol in the blood at the time of driving the vehicle is higher than eight decigrams of alcohol per litre of blood or its equivalent in terms of spirometry.
Article 25.- Since this Act, officials of the Ministry of the Interior, especially authorized after being properly trained, may investigate in any person who conducts a vehicle in urban, suburban or rural areas of the national territory the eventual presence and concentration of alcohol or other drugs in his or her agency through spirometry procedures.
The driver who is found to be driving in transgression of the limits indicated in Article 24 will be retained the driver's notebook and will be applied to him, in case of a first infraction, a suspense of the driver's license to drive between six months and one year and, in case of recidivism, will be terminated.
The driver who refuses the aforementioned opinions will be kept from the driver's notebook and warned:
| A) | That refusal presupposes presumption of guilt. |
| B) | That the competent authority may be able to apply a penalty in a timely manner that will involve disqualification to drive between six months and one year of formation the first infraction and, in the case of recidivism, the same may be extended to a maximum of two years. |
The inspection referred to in this article can only be carried out in the areas and within the timetables in which the Ministry of Public Health guarantees to be able to carry out the anonysis referred to in Article 30 of this Law.
Article 26.- The driver of a vehicle destined for the collective transport of passengers, which is subjected to the previous established exams, will incur in transgression if of them there arises the presence of alcohol in the blood in any proportion, as much as it is.
Article 27.- When there are accidents of trinsito with victimas -accident or deceased - the drivers of the vehicles involved will be subjected to the examinations that allow to determine the degree of eventual alcoholic intoxication of the same.
To this end, the test of spirometry and, in its absence, the blood and urine can be used, if possible.
Article 28.- When a driver must, in accordance with the above provision, submit to a blood test to determine the concentration of alcohol in his body, the corresponding extraccion alone can be performed by a doctor, nurse or other qualified technician and in sanitary conditions in accordance with the guidelines established by the Ministry of Public Health.
Article 29.- At the request of the driver of a vehicle that has been subjected to the examinations referred to in the preceding provisions, the acting official shall extend a caution to him in which he shall record the date, time and place where the test is performed and its clearly stated results.
Article 30.- The person who is subjected to examinations of spirometry, blood or urine, in the above-established guidelines, may immediately request from the competent authorities of the Ministry of Public Health that one of the technicians authorized for such purposes may make other exemptions to review the results of those.
Article 31.- The results of the evidence in the terms set out in the preceding provisions will be evidence of evidence in civil or criminal proceedings.
In cases where the person affected by the execution of the opinions referred to in this Title considers that his or her rights and guarantee have been violated, it may occur at the competent jurisdictional headquarters to resolve whether or not the procedure used has been in accordance with law.
Article 32.- The Ministry of Public Health shall regulate all matters relating to the procedure for the realization of evidence or anonysis provided by the preceding articles.
Article 33.- The Ministry of the Interior, in coordination with the Ministry of Public Health, will organize and will be responsible for the service of rescue units of the accidents in the triad.
Article 34.- The Municipal Intendencies are obliged within the scope of their competence to monitor strict compliance with the provisions contained in the Decree-Law 15.011of 13 May 1980.
A Chamber of Sessions of the Chamber of Senators in Montevideo, 7 September 1994
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 Montevideo, Uruguay. Legislative power. |
