The vehicle restriction of this Regulation does not apply to police vehicles, vehicles intended for traffic control, ambulances, vehicles belonging to the fire department, buses, vehicles authorized for student transport, vehicles of the Public Works Division of the Ministry of Public Works and Transport, vehicles dedicated exclusively and publicly to emergency response or to maintaining public services. Furthermore, exempt from the prohibition are those vehicles that transport perishable products, for which the operator of said vehicle must prove it to the corresponding authorities.
The person holding the position of Minister of the Ministry of Public Works and Transport is empowered, by means of a duly substantiated administrative resolution in accordance with the principles of discretion, reasonableness, efficiency, and efficacy, in cases of national or regional emergency, or for reasons of public interest, to exceptionally and temporarily suspend the application of the hourly restrictions set forth in this regulation and to regulate matters related to the hourly scheduling of heavy vehicle circulation." THIRD: That by official letter DM-PACAS-2024-0545 of August 20 of the current year, signed by the A.I. Director of the Transport Infrastructure Program, Engineer Mario Campos Vega, this Office is requested an exception in the application of the Reglamento para la Ordenación Horaria de la Circulación de Vehículos Pesados, of February 10, 2014, so as not to affect the completion of the project for the Construction of the Interchanges between the Intersection of National Routes No. 2 and No. 236 (Taras) and the Intersection of National Routes No. 2 and No. 10 (Cartago), Including the Improvement of National Route No. 2, Section: Taras - La Lima, In The Province Of Cartago, for the vehicles detailed below:
FOURTH: That the completion of said works is indispensable for improving vehicle flow, which is why this Office considers that there are reasons of convenience, opportunity, and merit, as well as reasons of public interest, efficacy, efficiency, and sound management of public resources, to exceptionally and temporarily suspend the application of the hourly restrictions set forth in the cited regulation for the vehicles indicated in the preceding whereas clause.
SOLE: Based on the provisions of Article 5, second paragraph, of Executive Decree 38238-MOPT called Reglamento para la Ordenación Horaria de la Circulación de Vehículos Pesados, of February 10, 2014, and its amendments, the possibility is provided that, by means of a duly substantiated administrative resolution in accordance with the principles of discretion, reasonableness, efficiency, and efficacy, in cases of national or regional emergency, or for reasons of public interest, the application of the hourly restrictions set forth in this regulation may be exceptionally and temporarily suspended and matters related to the hourly scheduling of heavy vehicle circulation may be regulated.
In the present case, as indicated in the whereas clauses of this resolution, important works on the country's road infrastructure are being carried out, which are the responsibility of various institutions, including the Division of Public Works and Transport and the National Highway Council, with the sole ultimate goal of allowing, as soon as possible, the reopening of the affected roads and highways.
This situation implies an extraordinary impact on the circulation of private, cargo, and public transport vehicles, and emergency services, and it is in consideration of this exceptional situation that this Office deems it technically, legally, and logically reasonable to decree the exception to the restriction for the vehicles indicated in the third whereas clause of this resolution.
In this sense, the exception adopted through this act has the ultimate purpose of allowing the conclusion of the works on the northern ring road (circunvalación norte) as has been requested by the Management of the Executing Unit of the CONAVI-BCIE Strategic Road Infrastructure Works Program. In view of the foregoing, it is clear that there exist more than sufficient reasons and grounds of legality, opportunity, reasonableness, proportionality, convenience and public interest, efficacy, and efficiency, to issue the present act with the aim of temporarily setting aside the vehicle restriction set forth in Executive Decree number 38238-MOPT called Reglamento para la Ordenación Horaria de la Circulación de Vehículos Pesados.
THE MINISTRY OF PUBLIC WORKS AND TRANSPORT HEREBY RESOLVES First: For the reasons set forth above, to grant the exception from the vehicle restriction for a period of three months from the publication of this resolution, from the provisions of Executive Decree No. 38238-MOPT called Reglamento para la Ordenación Horaria de la Circulación de Vehículos Pesados for the following vehicles:
Second: That, based on the foregoing, the General Directorate of the Traffic Police is instructed, so that, in accordance with what is established in this resolution, it proceeds with its collaboration and service by complying with the provisions of this resolution.
LET IT BE NOTIFIED: To the Vice-Ministry of Infrastructure, to the Vice-Ministry of Transport and Road Safety, to the Executive Directorate of CONAVI, and to the Management of the Executing Unit of the CONAVI-BCIE Strategic Road Infrastructure Works Program, and to the General Directorate of the Traffic Police. -