Traffic Law: Penalties and Vehicle Retention

Recidivism

Article 177. Repeat offenders will have their penalty doubled.

Surplus, Passengers, and Cargo

Article 178. The competent authority will prevent vehicle movement when determining excess passengers or cargo until people are transferred or the overload is released, subject to punishment.

License or Professional Driving Suspension

Article 179. License or professional degree suspension will be applied as follows:

  1. Three (3) months: Driving vehicles not authorized by the license.
  2. Six (6) months:
    1. Drivers with first, second, or third-degree licenses driving under conditions endangering traffic safety.
    2. Drivers accumulating five (5) violations in twelve (12) months.
  3. Twelve (12) months:
    1. Drivers with fourth, fifth, or professional degrees driving under conditions endangering traffic safety.
    2. Drivers involved in accidents causing serious injuries, as defined in the Penal Code, if found responsible. Suspension may extend up to three (3) years if under the influence of alcohol, narcotics, or speeding.
    3. Drivers with more than five (5) consolidated proceedings in infringement cases.
    4. Drivers accumulating three (3) penalties for speeding or driving under the influence.
  4. Three (3) years:
    1. Drivers accumulating at least two (2) suspension letters in twelve (12) months.
    2. Drivers found responsible for accidents causing serious injuries as defined in the Penal Code.
  5. Five (5) years: Drivers causing accidents resulting in death. If under the influence or speeding, the license will be revoked, and disqualification will last ten (10) years.

In cases 2b and 3a, completing a 30-hour traffic rules course after serving two-thirds of the sanction commutes the remaining penalty.

The administrative authority will incorporate decisions into the National Register of Vehicles and Drivers. Regulations will establish suspension formalities.

Retention of Professional License or Driving

Article 180. Professional licenses can only be withheld upon a final revocation decision, notified to the National Register.

Suspensions will be documented in the license or by other means determined by regulations.

Vehicle Detention Cases

Article 181. Land transport authorities will detain vehicles under the following conditions:

  1. Vehicle operating in unsafe or dysfunctional conditions.
  2. Driver not carrying proof of vehicle ownership.
  3. Vehicle running without a corresponding nameplate, unless a provisional license is presented.
  4. Vehicle involved in accidents with injuries or fatalities.
  5. False registration or identification documents.
  6. Other legally stipulated cases.

In case 2, the authority will deliver the corrected document immediately. In case 1, the vehicle will be released to the owner for transfer or repair upon crane arrival. In case 4, the vehicle will be released with Public Prosecutor authorization. In case 5, the vehicle will be released after document authenticity verification within five (5) business days.

Excess Function

Article 182. Abuse of power by officials will lead to civil, administrative, and criminal actions.

Time to Pay Fines

Article 188. Fines must be paid within thirty (30) business days from notification. Late payments will incur interest.

Repair of Damage

Article 192. Drivers, owners, and insurance companies are jointly liable for damages caused by the vehicle, unless proven that the damage originates from the victim, a third party, or force majeure. In collisions, drivers are presumed to have equal liability unless proven otherwise.