Ley 7331 — Traffic Law on Public Land Routes

Excluded from the scope of application of this Law are private parking lots of dwelling houses and of buildings, public or private, that are intended solely for the internal users of said buildings, where the internal regulation of such establishments shall prevail.

(The amendment made by subsection a) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) Likewise, it regulates everything related to road safety (seguridad vial); its financing; the payment of taxes, fines, transit fees (derechos de tránsito), and matters concerning the ownership regime of motor vehicles, safeguarded by the National Registry, with the exception of the railway transit regime.

(The amendment made by subsection b) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

In a traffic accident, at least one vehicle must be involved, and damages to property, injuries, or death of persons must occur, as a consequence of the infraction of this Law.

REQUIREMENTS FOR DRIVERS AND FOR THE CIRCULATION OF VEHICLES

VEHICLES

a)Be registered in the Registry of Movable Property (Registro de Bienes Muebles) and carry the corresponding certificate of ownership, which may be required by the transit authorities at any time; failing that, it may carry a certification from that Registry, issued no more than one year before the date.

(As amended by Article 1, subsection 1), of Law No. 7721 of December 9, 1997) b) Carry the circulation permit (derechos de circulación) and vehicle technical inspection cards, which may be required by the transit authorities at any time; in addition, they must display the ecological sticker (ecomarchamo) and the circulation sticker (marchamo de circulación) on the front windshield.

(As amended by Article 1, subsection 1), of Law No. 7721 of December 9, 1997) c) Carry the license plates in the designated location of the vehicle and the respective revalidation receipt.

d)Carry the special circulation permits, in accordance with the provisions of this Law.
e)Meet the minimum safety requirements set forth in Article 32 and any others contemplated in this Law and its Regulations.

(As amended the previous subsection by Article 1, point 1) of Law No. 8779 of September 17, 2009)

Ownership of Vehicles

The Registry will grant the owner the corresponding certificate of ownership and the license plates, in the case of their registration or replacement. Both requirements may be required by the transit authorities at any time.

If it is necessary to carry out procedures for the return of detained plates or vehicles, whether before the General Directorate of Transit (Dirección General de Tránsito), the Road Safety Council (Consejo de Seguridad Vial, Cosevi), or judicial authorities, the procedures must be carried out only by the registered owner (propietario registral) of the good to be retrieved or by whoever demonstrates being the legitimate agent of the owner through a special power of attorney granted in a public deed.

(The amendment made by subsection c) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (Note from Sinalevi: In accordance with Transitory Provision III of Law No. 8696 of December 17, 2008, ".For a period of nine (9) months, the competence for the procedures for the return of vehicles, plates, or licenses, shall remain in the courts that handle transit matters.

For a maximum period of three (3) months, a team of transit judges, designated by the Superior Council of the Judiciary (Consejo Superior del Poder Judicial), shall advise the members of the Citation Ticket Challenge Unit of the Road Safety Council, in the knowledge and resolution of fixed fine challenges, before said Unit begins operations.") (Notwithstanding the foregoing, and in accordance with the provisions of Law No. 8779 of September 17, 2009, these provisions shall take effect as of March 1, 2010)

a)The public deed of transfer of the vehicle.

For the transfer of animal-drawn or human-powered vehicles, the requirement of sale before a notary public shall not be required; those transfers simply must have the notarial authentication of the signatures of the contracting parties.

b)Court rulings and judicial awards or documents granted before a notary or consul. In the latter case, they must comply with all the requirements of the Law of Consular Services, the Organic Law of the Notarial Profession, and the Civil Procedure Code.
c)In the case of unregistered imported vehicles, the documents that prove ownership in the country of origin and the customs release documents issued by national customs authorities.
d)Others authorized by Law.

If the indicated exception or any other legitimately valid one is invoked, the authority shall proceed, in the first case, to carry out all necessary procedures for notifying and informing the new documentary owner of the facts, in order to continue the corresponding proceeding against him. To determine the joint and several civil liability of the owner, the proceeding shall be carried out in accordance with the provisions of Article 187 and following of this Law.

(The amendment made by subsection d) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

a)Names, identification numbers, and exact domicile of the grantors.
b)Price, make, style, model, color, motor number, license plate number, type of fuel, and cylinder capacity.
c)Time, date, place of granting, and name of the notary public authorizing the public deed.

This document must be submitted for registration within the thirty business days following its granting, after payment of the corresponding taxes and fees.

(As amended by Article 177 of the Notarial Code No. 7764 of April 17, 1998).

a)Time and date of presentation of the document causing the registration.
b)Authority issuing the document or the notary public who, as the case may be, authorizes it.
c)Date of the document.
d)Names, identification or ID numbers, statuses, and exact domicile of the parties, price, and basic characteristics of the vehicle.

However, acts or contracts executed or granted by persons who appear with the right to do so, in the Public Registry of Property of Motor Vehicles, shall not be invalidated, once registered, with respect to third parties in good faith, even if the grantor's right is later annulled or resolved by virtue of an unregistered title, implicit causes, or causes that, although explicit, do not appear in the Registry.

The information contained in the database of this Registry shall be considered the official information of the State.

Outside the Central Valley, the form may be delivered to the Transit Police stations or, failing that, to the cantonal stations of the Rural Assistance Guard, which shall immediately send it to the General Directorate of Public Transport.

Failure to comply with this obligation shall be considered a serious offense to the employment relationship.

The Directorate shall keep the original form, and the signed and sealed copy shall be returned to the interested party, through the receiving office.

This copy must be shown to the authorities when requested.

Upon completion of the work, within a period of thirty business days following, the owner must request the Public Registry of Property of Motor Vehicles to register the change made to his vehicle, by means of an authenticated document.

a)The lawsuit regarding the constitution, modification, or extinction of real rights over registered vehicles.
b)The lawsuit regarding the cancellation or rectification of a registration or annotation in the Registry.
c)The attachment decree over registered vehicles. This annotation expires, by operation of law, after four years, and the registrar shall disregard it when registering new titles or certifying the respective entry. The fourth paragraph of Article 471 of the Civil Code is applicable to this matter, regarding the interruption of said term.

Judicial authorities may request the cooperation of transit authorities, the Civil Guard, or the Rural Guard to carry out both the attachments requested by such authorities and the detention of the vehicle. When the vehicle is detained, the authorities shall immediately notify the judicial authority, and the latter shall notify the parties, so that the attachment is carried out within the fifteen days following the date on which the communication was received. If the attachment is not executed within this period, the vehicle must be made available to its owner, but its capture may be requested again so that it may be attached.

(As amended this subsection by Article 177 of the Notarial Code No. 7764 of April 17, 1998) d) The executed attachment. The annotation of an executed attachment expires, by operation of law, after four years, and the registrar shall disregard it when registering new titles or certifying the respective entry.

e)The legal lien decreed because of a traffic accident or crimes committed using a vehicle.

(The amendment made by subsection e) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

a)The direct lien on the vehicle, which shall be decreed when the buyer fails to comply with his obligation to present the public deed of transfer of a vehicle within the period established in Article 8.
b)Others authorized by this Law.

No transfer shall be registered, nor may documents be withdrawn without being registered, until the liens are canceled.

For this purpose, the provisions of the Commerce Code shall apply.

Upon cancellation of the registration entry, the corresponding registration shall be eliminated from the active indexes; but a reference shall be maintained in an index of canceled registrations.

This cancellation shall be communicated to the vehicle owner, who shall have fifteen business days to comply with the law. If he does so, that cancellation shall be rendered void.

Those fees shall be paid according to the actual value of each vehicle, as determined in the Regulation to be issued annually by the Ministry of Finance and must be paid in full for the admission of its presentation to the Public Registry of Property of Motor Vehicles.

(Note from Sinalevi: In accordance with Transitory Provision XI of Law No. 8696 of December 17, 2008, ".For a period of six (6) months, counted from the entry into force of this Law, the owners of vehicles who have not presented their sale deeds before the Public Registry of Movable Property, executed on a date prior to that date, may present them before the Registry, without paying the vehicle transfer tax; they shall only pay the respective stamps and the corresponding fees, without penalty or interest.)

Circulation Permit Card

The MOPT shall verify these requirements, by means of the technical inspection of vehicles (revisión técnica de vehículos), which shall be under the supervision of Cosevi. The verification shall be carried out in accordance with subsections a), b), and c) of this article.

Technical inspection of vehicles shall be understood as the mechanical verification of the state of the vehicle and its pollutant emissions, according to this Law. Both verifications shall be carried out simultaneously and at least with the following frequency:

a)Every six (6) months for motor vehicles dedicated to the remunerated public passenger transportation service; for heavy cargo vehicles, with a maximum authorized weight (peso máximo autorizado, PMA) of ten tons or more, as well as for trailers and semi-trailers that transport hazardous or explosive materials. No motor vehicle dedicated to public passenger transportation; trailer and semi-trailer, as well as trailers and semi-trailers that transport hazardous or explosive materials, may circulate if they do not pass the technical inspection, until they meet that requirement.
b)Once a year, for other motor vehicles, whose year of manufacture is more than five (5) years, except those mentioned in subsection a) of this article.
c)Once every two (2) years for motor vehicles whose year of manufacture is five (5) years or less, except those mentioned in subsection a) of this article.

Notwithstanding the foregoing, at any time and on any public road within the national territory, the authorities may verify compliance with the provisions of Articles 32, 34, 35, 36, 37, and 38 of this Law.

For this purpose, the inspections shall be carried out at the integral technical inspection service centers of vehicles of the companies that the MOPT awards through Cosevi, by public tender, in accordance with the Law of Administrative Procurement. The greatest possible number of service providers for vehicle owners required to undergo the technical inspection shall be promoted, without detriment to the fulfillment, by the awardees, of the technical quality and service standards.

The fees to be charged for the integral vehicle inspection service shall be established by the Regulatory Authority of Public Services (Autoridad Reguladora de los Servicios Públicos, Aresep), in accordance with legally established parameters. The rate structure must incorporate a levy for the oversight of the service and to create a fund for research and support for professional technical schools that teach mechanics related to the automotive field and for university research, in the fields of automotive mechanics, environmental pollution, and road safety.

In coordination with the Ministry of Public Education (Ministerio de Educación Pública, MEP), the MOPT must promote and support the incorporation of professional technical schools into the vehicle inspection program referred to in this article.

(The amendment made by subsection f) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (Note from Sinalevi: In accordance with Transitory Provision X of Law No. 8696 of December 17, 2008, ".Cosevi shall assume the supervision of the vehicle technical inspection within a maximum period of twelve (12) months, counted from the entry into force of this Law. It may enter into agreements with the Public Transport Council, in order to attend to the supervision of the technical inspection process for the inspection of the public transport fleet.)

The Regulation shall contain the description of the safety elements, pollutant emissions, and other technical aspects regarding road safety, to authorize the circulation of motor vehicles. The review of the Regulation must be carried out periodically and at least every two years.

Furthermore, Cosevi shall be responsible for the following:

1)Promoting public tenders to select the centers that may carry out the vehicle technical inspection.
2)Said centers must meet the following requirements:
a)Have suitable vehicle inspection equipment to perform required tests.
b)Have technically qualified personnel to perform the tests and operate the corresponding equipment.
c)Have adequate physical facilities to house the equipment and maintain them in operating condition.

- Offer safety to users and their personnel.

- Receive vehicles and subject them to testing.

- Have insurance and risk policies for personal or material damages, during the provision of the service and for the facilities.

- Submit maintenance protocols for the installation and equipment, in addition to equipment calibration protocols, technical personnel hiring, ongoing training and education, and internal and external quality audit protocols.

d)Have a quality management system that guarantees compliance with adequate standards in service provision and the technical competence of the company contracted for such purpose, through the accreditation established in Law No. 8279, of the National System for Quality.
3)Every center dedicated to providing the vehicle technical inspection service must demonstrate its independence and absence of conflicts of interest in relation to activities such as the importation, distribution, marketing, or repair of vehicles, as well as the importation, distribution, or marketing of spare parts. They must also be independent of any activity related to public transport, cargo transport, or similar.
4)It shall be understood that a conflict of interest exists when the service owners or their partners have a direct or indirect participation (as partners, directors, managers, or administrators) in any of the aforementioned activities.
5)In the vehicle inspection activity, the manipulation or removal of any part or component of the vehicles is not permitted; nor is any type of repair, in order to ensure the total independence and objectivity of the service.
6)The fees charged for this service shall be uniform for all operators and shall be analyzed and approved by Aresep.
7)In accordance with the principle of solidarity, Cosevi must establish a sectorization of the country to determine which zones or regions are profitable and which are not, so that any service provider must establish inspection centers in both, ensuring that the service is accessible to all regions of the country. Through the Regulation of this Law, the MOPT shall establish the manner in which the principle of solidarity described above shall be guaranteed.

Failure to meet these requirements shall disqualify the submitted bid, or, once the public tender has been awarded, shall constitute a cause for non-compliance and sufficient reason to rescind the concession or contract.

(The amendment made by subsection f) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(As added by subsection a) of Article 2 of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

If a new circulation permit is requested once canceled, the vehicle owner shall be obliged to pay all overdue circulation fees, according to the provisions of Articles 184 and 221 of this Law.

Excepted from this rule are cases in which the respective license plates are left on deposit with the National Registry, along with documents indicating the reasons for relinquishing them and the location where the vehicle will remain stored.

In those cases, payment of circulation fees shall be waived. The National Registry shall communicate the deposit of the plates to the Ministry of Finance, for the aforementioned purposes.

(The amendment made by subsection f) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (As its numbering was shifted by subsection a) of Article 2 in relation to subsection f) of Article 1 of Law No. 8696 of December 17, 2008, which transferred it from Article 22 to 23. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

License Plates

(The amendment made by subsection f) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (As its numbering was shifted by subsection a) of Article 2 in relation to subsection f) of Article 1 of Law No. 8696 of December 17, 2008, which transferred it from Article 23 to 24. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

For this purpose, the combined use of numbers and letters is authorized.

In the event of repetition in a plate number, any of the owners may request its change, which shall be carried out free of taxes and fees. If replacement is necessary, the cost shall be covered by the vehicle owner.

(As its numbering was shifted by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 24 to 25. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

Likewise, their owners are prohibited from facilitating or lending the vehicle's plate or plates for use on another vehicle or giving them an unauthorized use. When this rule is violated and it involves a public transportation vehicle, the competent MOPT body in this matter shall cancel the granted concession.

(The amendment made by subsection f) of article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus renumbered by subsection a) of article 2 in relation to subsection f) of article 1 of Law No. 8696 of December 17, 2008, which transferred it from article 25 to 26. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

a)For official vehicles of the Executive Branch, the members of the Supreme Branches, and the autonomous institutions. The official plates or distinctive markings may not be used without the prior authorization of the Executive Branch that grants them.
b)For vehicles of diplomatic, consular, and international missions accredited in the country.
c)For vehicles included in any tax exemption regime.

The authorization of other special plates is prohibited, under penalty of dismissal, without liability to the State, of the official who grants or permits them.

With the exception of the vehicles of the members of the Supreme Branches, Vice Ministers, Senior Administrative Officers, and Executive Presidents of the autonomous, semi-autonomous, and decentralized institutions, as well as police vehicles, all other vehicles of the State and its institutions must be marked with their respective institutional distinctive markings on both front doors. The dimensions of these markings must be at least twenty centimeters long by ten centimeters wide.

(Thus renumbered by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 26 to 27. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

This temporary plate shall have a maximum validity of one month, extendable when the procedure justifies it, at the discretion of the Directorate of the Registro Público de la Propiedad de Vehículos Automotores, while the formal registration procedures are being completed.

To obtain the temporary plate, it shall be an indispensable requirement to have paid the mandatory automobile insurance established in article 39 of this Law.

(Thus amended the preceding paragraph by article 1, point 2) of Law No. 8779 of September 17, 2009) (Thus renumbered by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 27 to 28. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

Special Circulation Permits

(Thus renumbered by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 28 to 29. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

The interested party must take out a special policy, issued by the Instituto Nacional de Seguros (INS), whose modality and amount shall be defined by this Institute, following the corresponding technical studies.

(The amendment made by subsection f) of article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus renumbered by subsection a) of article 2 in relation to subsection f) of article 1 of Law No. 8696 of December 17, 2008, which transferred it from article 29 to 30. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

Additionally, they must comply with the provisions of this Law and its Regulations and may not carry out activities other than those authorized.

The special permit, in all cases, shall be issued on a temporary basis.

(Thus renumbered by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 30 to 31. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

REQUIREMENTS FOR THE CIRCULATION OF VEHICLES

1)General requirements for the circulation of all motor vehicles:
a)Be equipped with a horn that does not exceed the sound limits established in this Law.
b)Have a speed indicator, which must indicate speed in kilometers or miles per hour, be installed within the driver's view, and be in good working order.
c)Have the steering wheel or handlebar located on the left side.
d)All vehicles, in general, must have three-point seat belts in all lateral seats; in the remaining seats, they must have subabdominal belts, with the exception of motorcycles (motocicletas), motorized bicycles (motobicicletas, bicimotos), tricycles (triciclos), quadricycles (cuadraciclos), and other mopeds (ciclomotores), unless, in this last case, a sidecar-type device is adapted, where the passenger must have the corresponding belt. Also excepted are interurban transport buses, and buses (autobuses), small buses (busetas), and minibuses (microbuses) authorized for remunerated passenger transport service, with the exception indicated in subsection 6) paragraph e) of this article.
e)Have rearview mirrors or any other device that fulfills the function of allowing the driver, from their seat, to observe the road behind and to the sides of their vehicle, as well as in front of or behind their vehicle, when necessary. The rearview mirrors, their supports, and their fixing devices must not present, towards the front, sharp points, sharp edges, or dangerous shapes. The number of mirrors and their location shall be established according to vehicle categories.
f)On their front part, they must be equipped with at least two (2) devices projecting white or yellow light, with high-beam and low-beam functions, which may be halogen.
g)When the vehicle is equipped with fog lights, they must be placed at a height not exceeding seventy-five (75) centimeters from the road surface. The use of more than four (4) yellow or white fog lights is not permitted. By means of a permit given by the Consejo de Transporte Público, cargo vehicles and special or emergency equipment may be fitted with other types of special lights; likewise, those others stipulated in the Regulations of this Law may be fitted with special lights of another type, different from those indicated in this same article; the foregoing respecting the constructive nature of the manufacturer.
h)On the rear part, they must carry two devices projecting red light, which remain lit when the high-beam or low-beam lights are activated, with a section that gives a more intense red light when the brakes are applied.

Likewise, passenger vehicles must carry a third red light device, which is also activated automatically with the brakes, located inside or outside the vehicle and at the height of the rear seats, centered in relation to the rear windshield, unless, from the factory, said device has been positioned elsewhere. Light cargo vehicles are excepted from this obligation.

i)Carry at least two (2) directional lights, at both ends of the rear and front parts. Have one (1) light system, which illuminates independently from the main lights, for emergency cases.
j)Carry, on the rear part of the vehicle, one (1) device projecting white light, making the license plate number visible when the low-beam or high-beam lights are turned on. Additionally, they must carry, on the rear part, two (2) white reverse lights, whose luminous beam must be directed toward the ground and whose activation must occur automatically when the gearbox is in reverse; the foregoing, respecting the constructive nature of the manufacturer.
k)Be equipped with one (1) front bumper device and one (1) rear bumper device. In passenger automobiles, these must be of a dynamic type, with the capacity to absorb impacts that do not cause damage at speeds up to fifteen (15) kilometers per hour, the width of these devices must be at least ten (10) centimeters and from the height of the roadway to its lower edge there must be no less than fifty-five (55) centimeters; the foregoing provided it is technologically possible to carry out the respective measurement without affecting the vehicle.
l)Be equipped with at least one (1) fire extinguisher, in perfect working order.
m)Carry two (2) safety triangles or another analogous safety device and at least one (1) green, orange, or red retroreflective vest.
n)Carry the necessary implements to change tires, unless, due to the constructive nature of the manufacturer, the vehicle does not require them, one (1) set of battery cables and one (1) basic tool set, as well as one (1) elementary or basic first-aid kit.
o)All motor vehicles circulating in the country must have airbags for the protection of the occupants of the front seats, except for light cargo and heavy cargo vehicles. Furthermore, all vehicles must have structural reinforcement bars in the front and rear doors and in the bodywork in general, with impact absorption capacity, complying to that effect with the highest standards that vehicular safety quality allows for the vehicle occupants and the other road users; the foregoing provided it is technologically possible to verify the existence of said safety devices, without affecting the constructive factory nature of the vehicle.
p)Pneumatic tires must not have a point where their groove depth is less than two (2) millimeters. In addition, every vehicle must have a spare tire and the necessary equipment to change it, unless, due to the constructive nature of the manufacturer, the vehicle does not require it.
q)Have a muffler for the exhaust, which complies with the decibels established in subsection c) of article 122 of this Law.
r)Be equipped with brakes capable of moderating and stopping the vehicle's movement in a safe, rapid, and effective manner; as well as, with a parking or safety brake, which shall be used when parking or in any emergency. The parking brake must keep the vehicle immobile, whatever the load conditions, on an ascending or descending slope of eighteen percent (18%).
s)Every motor vehicle that uses a compressed air system for the operation of its own brakes or the brakes of any trailer or semi-trailer attached to it must be equipped with a visible and audible warning signal, located on the instrument panel of the tractor vehicle driver's compartment, which activates if the air reservoir falls below fifty percent (50%) of the pressure given by the compressor regulator. A similar warning system must be present in vehicles that use vacuum for the braking system.
t)The bodywork located in front of the windshield must not support forward elements that are not technically indispensable; nor pointed, sharp elements, nor those constituting a sharp angle or a dangerous protrusion. Likewise, bumpers must not present dangerous protrusions and their lateral ends must be directed toward the bodywork.
u)Motor vehicles must have an emission control system in perfect working order, in accordance with article 34 of this Law.
v)Collection or sports vehicles may be imported and circulate temporarily or definitively, under the terms and conditions that shall be detailed through the respective regulatory provisions, following the best international practices.
2)Specific requirements for the circulation of automobiles:

For the circulation of automobiles, the requirements contained in the preceding subsection of this article shall be applicable and, in addition, the following:

a)Persons under twelve (12) years of age must travel in the rear part of the vehicles. To this end, a safety device (safety seat or booster cushion) must be adapted to the vehicles, according to the weight and age of the person, the technical specifications of which shall be defined by regulation.

In the case of persons under one (1) year of age and with a maximum weight of ten (10) kilograms, the safety device (safety seats) must be placed with its back to the vehicle driver and facing backward.

b)Automobiles must have head restraints (apoya-cabezas), provided the driver's visibility is not affected.
c)Both the front windshield and the rear windshield must be provided with factory transparency or polarization that allows one hundred percent (100%) visibility from inside to outside and vice versa. The front windshield must have a ventilation defogger and this must be activated from the vehicle's control panel. Likewise, it must be constructed with a safety substance that, upon breaking, crumbles and leaves no cutting pieces; the foregoing, provided it is technologically possible to verify said situation without affecting the vehicle. The rear windshield must have a heat defogger in good working order. The use of tints, paints, opaque materials, polarizing plastic on any of the windshields is totally prohibited.
d)Have windshield wipers or blades on the front windshield, in perfect working order; the windshield must have one hundred percent (100%) clear visibility regarding the coverage area of the wipers or blades. The foregoing, respecting the constructive nature of the manufacturer.
e)All side window glass must have transparency, inward and outward, of at least seventy percent (70%). The windows must be constructed with a safety substance that, upon breaking, crumbles and leaves no cutting pieces; the foregoing, provided it is technologically possible to verify said situation without affecting the vehicle. In the case of ambulances intended for patient transport, one hundred percent (100%) polarization may be used on the side window glass in such a way that the right to privacy of the transported persons is protected.
f)Automobiles must have an interior rearview mirror or an analogous safety device and at least two exterior ones, placed one on the left side and the other on the right side of the vehicle.
3)In addition to the requirements contained in subsection 1) of this article, which are appropriate according to their constructive nature, bicycles must:
a)Carry, on the rear part, a device that reflects or projects red light. Likewise, they must carry reflective devices on the wheel spokes. From half an hour before the natural time of dusk until half an hour after the natural time of dawn, the circulation of bicycles is prohibited without carrying a lit device projecting white or yellow light and the cyclist wearing a retroreflective vest. In rainy conditions, the rider must use a reflective yellow cape.
b)Every bicycle rider must use a protective safety helmet while riding on public roads.
4)Specific requirements for the circulation of motorized bicycles (motobicicletas, bicimotos), motorcycles (motocicletas), tricycles (triciclos), quadricycles (cuadraciclos), and other mopeds (ciclomotores):

In addition to the requirements contained in subsection 1) of this article, which are appropriate according to their constructive nature, motorized bicycles, motorcycles, quadricycles, and other mopeds must comply with the following:

a)Vehicles with more than two (2) wheels must carry two (2) reflective triangles or one (1) analogous safety device, and their driver must have at least one (1) yellow, green, red, or orange retroreflective vest.
b)On their front part, they must be equipped with at least one device projecting white or yellow light, with high-beam and low-beam functions, which may be halogen.
c)On the rear part, they must carry one (1) device projecting red light, which remains lit when the light is activated, with a section giving a more intense red light when the brakes are applied. Likewise, they must carry at least two (2) directional lights at both ends of the rear and front parts, and have a light system that illuminates independently from the main lights in emergency cases; this last device shall be required respecting the constructive nature of the manufacturer.
d)Carry, on the rear part of the vehicle, a device projecting white light that makes the license plate number visible when the light is turned on.
e)Motorcycles, motorized bicycles, and mopeds must have at least one rearview mirror on the left side.
f)Every motorcycle must display a plate composed of visible letters and numbers on the rear fender, which shall contain the dimensions to be fixed by regulation, seeking its better readability and identification.
5)Specific requirements for the circulation of cargo vehicles, trailers, and semi-trailers.

In addition to the requirements contained in subsection 1) of this article, which are appropriate according to their constructive nature, cargo vehicles, trailers, and semi-trailers must comply with the following:

a)Vehicles whose authorized gross weight exceeds four thousand (4,000) kilograms, as well as their trailers and semi-trailers, must place, on the rear part, at least two (2) devices of at least fifty (50) square centimeters in area each, in the shape of a triangle, that reflect or project red light. Other types of cargo vehicles must have at least two (2) red reflective devices on the rear part.
b)They must carry, on all their sides, red and white retroreflective tape, the types and characteristics of which shall be established by regulation; for this purpose, international standards and the particularities of the national vehicle fleet shall be followed, so that they are visible to all other road users.
c)In the case of trailers and semi-trailers, they must carry on their sides, in addition to the retroreflective tape, a set of at least six (6) lights on each side, located from end to end, which are activated by means of the electrical system, are yellow in color, and are in perfect state of cleanliness and operation.
d)On cargo vehicles, trailers, and semi-trailers, the groove depth of the tires must not be less than four (4) millimeters.
e)Cargo vehicles must carry a wheel chock to immobilize the vehicle, if necessary.
f)Cargo vehicles must have at least two (2) exterior rearview mirrors, placed on the right and left sides of the vehicle. In the case of heavy cargo vehicles, they must have mirrors that allow viewing the lower front part of the vehicle.
g)They must carry a visible sign with the authorized weight to transport, issued by the MOPT.
h)They must carry a certificate with the weight they are transporting, issued by weighing stations authorized by the MOPT.

(Note from Sinalevi: According to transitional provision XVIII of Law No. 8696 of December 17, 2008, ".A period of one (1) year is granted, from the entry into force of this Law, to the competent MOPT body to install the necessary weighing stations on public terrestrial roads, in accordance with the provisions of subsection 5) sub-subsection h) of article 32 of the Ley de tránsito por vías públicas terrestres, No. 7331, amended by subsection f) of article 1 of this Law.") 6) Public passenger transportation vehicles:

In addition to the requirements contained in subsection 1) of this article, which are appropriate according to their constructive nature, public passenger transportation vehicles must comply with the following:

a)All buses (autobuses) in circulation must have an emergency exit that is easily accessible, independent of the bus entrance and exit doors, which must be situated in the rear part or on the side opposite the vehicle doors. Both the entrance and exit doors and the emergency exit shall have their respective accessories, must be fully functional, and be enabled for use. They may not remain closed by means of small locks, chains, or padlocks when the unit is in public service. Buses, minibuses, and small buses for special service, tourism, interprovincial, or international transport may have a single entrance door and the corresponding emergency exits that the design allows.
b)Every bus dedicated to public passenger transport service must carry a visible sign, authorized by the Consejo de Transporte Público, clearly indicating the number of passengers allowed to travel in it, the name and number of the route, as well as the authorized fare.
c)Buses transporting students must carry the authorization from the Consejo de Transporte Público, indicating the number of students allowed in the vehicle and the route approved for this purpose. They must carry a sign on the exterior of the vehicle, with the inscription "Transporte de Estudiantes" (Student Transport), the size of which shall be fixed in the Regulations of this Law.
d)Public passenger transportation vehicles (buses, small buses, and minibuses) must have the respective devices, installed and in operation, for the passenger to signal for a stop.
e)Vehicles exclusively for student transport in the form of buses, small buses, or minibuses, and cargo vehicles, must be equipped with seat belts for all their occupants. They shall be three (3)-point belts for all lateral seats and subabdominal belts for the interior seats. The seat backs of vehicles exclusively for student transport must be of sufficient size to cover the occupants' heads. Likewise, whoever accompanies the driver must wear a retroreflective vest.
f)The owners of public passenger transportation vehicles (buses, small buses, and minibuses) must locate the exhaust pipe outlet of these vehicles according to the Regulations established by the Executive Branch, provided it does not contravene the manufacturer's technical specifications.
g)Collective passenger transportation vehicles must carry adhesive tape of retroreflective material, the types and characteristics of which shall be established by regulation; for this purpose, international standards and the particularities of the national vehicle fleet shall be followed.
h)Buses, small buses, and minibuses must have, at a minimum, one interior rearview mirror and two exterior mirrors, placed one on the left side and the other on the right side of the vehicle.
i)Buses, small buses, and minibuses dedicated to student transport, except for university student transport, must have additional mirrors or equipment that allow them to see persons located behind the vehicle or underneath its front, who are outside the blind spots of traditional mirrors.
j)They must have containers for solid waste disposal, in addition to providing bags for attending to vomit.
k)Have windshield wipers or blades on the front windshield, in perfect working order; the windshield must have one hundred percent (100%) clear visibility regarding the coverage area of the wipers or blades, respecting the constructive nature of the manufacturer.
l)The application to remunerated public passenger transportation of the provisions contained in this article, subsection 1, paragraphs e), g), n), o), r), as well as that relating to the signage and user information that these units must bear on the windshields and windows, shall be carried out in accordance with what is defined in the Regulation to be issued by the Executive Branch, with the participation of the Consejo de Transporte Público, which shall be monitored through the technical vehicle inspection. An exception is made that the provision contained in paragraph g) of subsection 1 of this article shall be mandatory only for interurban routes.
ll)Public passenger transportation vehicles, taxi mode, must carry and use a taximeter.

The Executive Branch is authorized to determine, by regulation, the requirements for the circulation of machinery for agricultural or industrial use. Likewise, the Executive Branch may regulate the requirements for the circulation of vehicles, with or without a motor, that, due to the constructive nature of the manufacturer or technological innovation, are not contemplated within this article.

(The amendment made by subsection f) of article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus renumbered by subsection a) of article 2 in relation to subsection f) of article 1 of Law No. 8696 of December 17, 2008, which transferred it from article 31 to 32. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Note from Sinalevi: According to transitional provision XV of Law No. 8696 of December 17, 2008, ".The modification of sub-subsections d), o), r), and s) of subsection 1), as well as sub-subsection b) of subsection 2) of article 32 of the Ley de tránsito por vías públicas terrestres, No. 7331, shall apply to all new or used vehicles entering the country, as of the approval of this Law.")

In order for drivers to be able to self-monitor their fitness for driving, the State shall promote the installation of devices in vehicles that allow the driver to determine their information-processing capacity and their reaction capacity; including but not limited to devices to prevent the vehicle from starting due to excess alcohol or because the information-processing and reaction capacity necessary for driving is not reached.

(Thus added by subsection b) of article 2 of Law No. 8696 of December 17, 2008. Said article 2 was subsequently repealed by article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

Rotating yellow signals shall be used by special equipment vehicles, those transporting hazardous materials, and others authorized by the competent body of the MOPT.

Red and blue signals may only be used by duly identified emergency vehicles and public security vehicles of the Powers of the Republic.

(The amendment made by subsection f) of article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (Thus its numbering moved by subsection a) of article 2 in relation to subsection f) of article 1 of Law No. 8696 of December 17, 2008, which transferred it from article 32 to 33. Said article 2 was subsequently repealed by article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

Furthermore, for motor vehicles that have entered the country as of January 1, 1995, it is mandatory to have a perfectly functioning closed-loop emission control system. As part of this system, vehicles with gasoline or similar fuel engines must have a three-way catalytic converter. Any other system for controlling emissions shall be allowed, provided it allows for a greater reduction of the emissions produced by the vehicle.

(Thus amended the previous paragraph by article 1, point 3) of Law No. 8779 of September 17, 2009) Through the Regulations of this Law, the Executive Branch shall regulate the specifications of the vehicle emission control system and may modify the limits for the emission of gases, smoke, and particulates, provided the new limits are stricter than those stipulated in articles 35, 36, and 37 of this Law, in order to decrease the emission of environmental pollutants ever more efficiently.

(Thus amended the previous paragraph by article 1, point 3) of Law No. 8779 of September 17, 2009) The regulations for pollutant emissions control shall not be mandatory for crawler tractors, speed competition vehicles, vehicles of historical interest, or those classified as special equipment, except tow trucks. To authorize the importation of wheeled tractors, the certificate of compliance shall not be required to be presented to the competent authorities.

The emission control limits established in the subsequent articles of this law incorporate the altitude correction factor.

(Thus amended by article 1, subsection 2), of Law No. 7721 of December 9, 1997) (Thus its numbering moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 33 to 34. Said article 2 was subsequently repealed by article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

a)Vehicles with any test weight that entered the country before January 1, 1995, shall not emit environmental pollutants exceeding four and a half percent (4.5%) carbon monoxide of the total gas volume.
b)Vehicles with any test weight entering the country between January 1, 1995, and December 31, 1998, shall not emit environmental pollutants exceeding two percent (2%) carbon monoxide of the total gas volume, nor three hundred fifty parts per million (350 ppm) of hydrocarbons.
c)Vehicles with any test weight registered for the first time in the Registry of Movable Property as of January 1, 1999, shall not emit environmental pollutants exceeding one-half percent (0.5%) carbon monoxide of the total gas volume, nor one hundred twenty-five parts per million (125 ppm) of hydrocarbons.

Furthermore, the carbon dioxide emission must be greater than or equal to ten percent (10%) of the total gas volume. All these limits shall also apply to engines altered or modified to use a fuel other than gasoline or diesel, and to used engines utilized as replacements in motor vehicles, according to their weight, and operating with gasoline. The limits for carbon dioxide shall be established in the Regulations of this Law.

Carbon monoxide and carbon dioxide emissions as a percentage of the total gas volume and hydrocarbons in parts per million shall be measured by means of equipment authorized by the Ministry of Public Works and Transport. The measurement procedure shall be performed at two different engine revolution-per-minute values, known as idle speed and cruise engine speed. The duration of the tests shall be established by regulation.

d)New vehicles entering the country as of January 1, 1998, shall not emit environmental pollutants exceeding the following limits established according to their test weight:

1.- For vehicles whose test weight is less than or equal to one thousand eight hundred kilograms (1.8 metric tons), the emission level shall not exceed two hundred ten centigrams (2.10 gr.) of carbon monoxide per kilometer traveled by the vehicle, nor one-quarter gram (0.25 gr.) of hydrocarbons per kilometer traveled, nor sixty-three centigrams (0.63 gr.) of nitrogen oxides per kilometer traveled, according to the US FTP-75 emissions test procedure.

2.- For all vehicles whose test weight is greater than one thousand eight hundred kilograms (1.8 metric tons) but less than or equal to two thousand eight hundred kilograms (2.8 metric tons), the emission level shall not exceed six hundred twenty centigrams (6.20 gr.) of carbon monoxide per kilometer traveled by the vehicle, nor one-half gram (0.50 gr.) of hydrocarbons per kilometer traveled, nor one hundred ten centigrams (1.10 gr.) of nitrogen oxides per kilometer traveled, according to the US FTP-75 emissions test procedure.

3.- For vehicles whose test weight is greater than two thousand eight hundred kilograms (2.8 metric tons) but less than or equal to six thousand four hundred kilograms (6.4 metric tons), the emission level shall not exceed one hundred ninety-two decigrams per kilowatt-hour (19.2 gr/kwh) of carbon monoxide, nor one and a half grams per kilowatt-hour (1.5 gr/kwh) of hydrocarbons, nor one hundred six decigrams per kilowatt-hour (10.6 gr/kwh) of nitrogen oxides, according to the test procedure known in English as "Heavy Duty Transient Test" (Prueba transitoria para los vehículos de carga pesada).

4.- For vehicles whose test weight is greater than six thousand four hundred kilograms (6.4 metric tons), the emission level shall not exceed four hundred ninety-eight decigrams per kilowatt-hour (49.8 gr/kwh) of carbon monoxide, nor twenty-six decigrams per kilowatt-hour (2.6 gr/kwh) of hydrocarbons, nor one hundred six decigrams per kilowatt-hour (10.6 gr/kwh) of nitrogen oxides, according to the test procedure known in English as "Heavy Duty Transient Test" (Prueba transitoria para los vehículos de carga pesada).

5.- In the case of light-duty four-wheel-drive vehicles belonging to the motor vehicle group defined by Title 40, Parts 85 and 86 of the US CFR as "Sport Utility Vehicles," the emission level shall not exceed sixty-two decigrams (6.20 gr.) of carbon monoxide per kilometer traveled by the vehicle, nor one-half gram (0.50 gr.) of hydrocarbons per kilometer traveled, nor eleven decigrams (1.10 gr.) of nitrogen oxides per kilometer traveled, according to the US FTP-75 emissions test procedure. The previous limits shall apply to all new engines used as replacements in vehicles operating with gasoline, according to the vehicle's test weight.

e)Mopeds (bicimotos), motorcycles, tricycles, and quadricycles must comply with the pollutant emission limits and the procedures established for their control in the Regulations.

(Thus amended by article 1, subsection 2), of Law No. 7721 of December 9, 1997) (Thus its numbering moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 34 to 35. Said article 2 was subsequently repealed by article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

a)For vehicles entering the country before January 1, 1999, whose test weight is less than three and a half metric tons (3.5 metric tons), the maximum permitted opacity level is seventy percent (70%) or its equivalent in "k value." b) For vehicles registered for the first time in the Registry of Movable Property as of January 1, 1999, whose test weight is less than three and a half metric tons (3.5 metric tons), the maximum permitted opacity level is sixty percent (60%) or its equivalent in "k value." c) For vehicles entering the country before January 1, 1999, whose test weight is greater than or equal to three and a half metric tons (3.5 metric tons), as well as for forced-induction vehicles, the maximum permitted opacity level is eighty percent (80%) or its equivalent in "k value." d) For vehicles registered for the first time in the Registry of Movable Property as of January 1, 1999, whose test weight is greater than or equal to three and a half metric tons (3.5 metric tons), as well as for forced-induction vehicles, the maximum permitted opacity level is seventy percent (70%) or its equivalent in "k value." e) The opacity limits established in subsections b) and d) of this article shall apply to all used engines employed as replacements in vehicles operating with diesel. Smoke measurements must be carried out by means of equipment with partial-flow opacimeters and under the free acceleration procedure. Furthermore, the injection pumps of vehicles operating with diesel must possess and maintain, without alteration, the security seal on the volume control adjustments, the fuel delivery rate, and the revolutions per minute.

Opacity shall be checked with the engine without load and at maximum injection cut-off revolutions. The opacity result shall be the maximum peak value obtained over the time and number of measurements established by Regulations.

f)New vehicles entering the country as of January 1, 1998:

1.- For all vehicles whose test weight is less than or equal to three and a half metric tons (3.5 metric tons), the maximum permitted solid particulate matter (PM) emission level is one-quarter gram per kilometer (0.25 gr/km.) according to specification 70/220/EEC and the measurement of smoke density with the engine at full capacity, in accordance with regulation ECE R24 and Directive EC 72/306/EEC.

2.- For all vehicles whose test weight is greater than three and a half metric tons (3.5 metric tons), the maximum permitted solid particulate matter (PM) emission level is thirty-six centigrams per kilowatt-hour (0.36 gr/kwh), according to European Union specifications 91/542/EEC, or thirty-three centigrams per kilowatt-hour (0.33 gr/kwh), in accordance with the specifications of the "Heavy Duty Transient Test." Smoke density must also be measured with the engine at full capacity in accordance with regulation ECE R24 and Directive EC 72/306/EEC, or the "Federal Smoke Exhaust Test Procedure" (Procedimiento de la prueba federal para humos).

The previous limits shall apply to all new engines used as replacements in vehicles operating with diesel, according to the vehicle's test weight.

(Thus amended by article 1, subsection 2), of Law No. 7721 of December 9, 1997) (Thus its numbering moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 35 to 36. Said article 2 was subsequently repealed by article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (Note: In accordance with Transitional Provision XII of the Law on Transit on Public Land Routes and Road Safety, No. 9078 of October 4, 2012, the following is established: "TRANSITIONAL PROVISION XII.- The Executive Branch is granted a period of six months, counted from the entry into force of this law, to formulate the regulation required by article 38 of this law, specifically regarding the pollutant emission limits for motor vehicles. Until the issuance of said regulation, the provisions established in Decree No. 28280 MOPT-MINAE-S for gasoline and similar fuel vehicles, and those established for diesel fuel vehicles in article 36 of Law No. 7331, Law on Transit on Public Land Routes, of April 13, 1993, and its amendments, shall apply.")

The result of the initial emissions measurement shall be recorded on the emission control card.

In subsequent measurements and for the purposes of police control and the periodic technical inspection (revisión técnica periódica) indicated in article 19 of this Law, no vehicle shall exceed the emission limits established in articles 35 and 36 of this Law.

(Thus amended the previous paragraph by article 1, point 4) of Law No. 8779 of September 17, 2009) Sole Transitional Provision.- The provisions of the previous article must be applied in all procedures for the release from customs for vehicles that have not been nationalized.

(Thus amended by article 1 of Law No. 8430 of November 30, 2004) (Thus its numbering moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 36 to 37. Said article 2 was subsequently repealed by article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

Furthermore, compliance with the provisions of subsection e) of article 36 of this Law must be verified, regarding the injection pumps of the engines of vehicles operating with diesel. In all motor vehicles, without exception, the tightness of the exhaust pipe shall be verified.

(Thus amended the previous paragraph by article 1, point 5) of Law No. 8779 of September 17, 2009) The satisfactory result of the emission control tests shall be accredited by the preparation and delivery of the emission control card and the ecomarchamo, documents whose characteristics shall be established by the Dirección General de Transporte Público. The tests necessary for emission control may only be performed by persons who are trained for that purpose and have passed the courses, whose curricula and duration shall be determined by the Ministry of Public Works and Transport with the endorsement of the Ministry of Public Education. The Instituto Nacional de Aprendizaje, the Colegio Federado de Ingenieros y Arquitectos de Costa Rica, and the institutions endorsed by the Ministry of Public Education may offer said courses.

(Thus amended by article 1, subsection 2), of Law No. 7721 of December 9, 1997) (Thus its numbering moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 37 to 38. Said article 2 was subsequently repealed by article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

For this purpose, it must clearly signpost the areas and times during which circulation will be limited, by means of the corresponding vertical signage.

(Thus added by subsection c) of article 2 of Law No. 8696 of December 17, 2008. Said article 2 was subsequently repealed by article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

MANDATORY INSURANCE FOR MOTOR VEHICLES

General Provisions

Its administration shall be in charge of the Institute, in accordance with the regulations established in this chapter and in the Regulations of this Law.

(This article has been regulated by Executive Decree No. 25370, dated July 4, 1996.)

(Thus its numbering moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 38 to 39. Said article 2 was subsequently repealed by article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(Thus its numbering moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 39 to 40. Said article 2 was subsequently repealed by article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(Thus amended by article 1, point 6) of Law No. 8779 of September 17, 2009) (Thus its numbering moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 40 to 41. Said article 2 was subsequently repealed by article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

The INS shall establish the premium amounts according to the terms of article 44 of this Law.

(Thus amended by article 1, point 7) of Law No. 8779 of September 17, 2009) (Thus its numbering moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 41 to 42. Said article 2 was subsequently repealed by article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

Customs authorities shall extend the permit for the vehicle to circulate in the country only if it is demonstrated that the corresponding taxes have been paid and the mandatory insurance has been subscribed, with the validity defined by the Instituto Nacional de Seguros.

(Thus its numbering moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 42 to 43. Said article 2 was subsequently repealed by article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

For this purpose, it shall use technical, actual, and actuarial bases; furthermore, it shall base itself on its own experience, in such a way that the cost of administration and also the granting of monetary, medical-healthcare, and rehabilitation benefits are guaranteed, as well as the financial soundness of the regime.

The premium amount may be reviewed annually by the INS, but this amount must be approved by the Superintendencia General de Seguros (Sugese), which shall ensure that its amount does not generate surpluses for the Institute. However, if despite said authorization surpluses are produced, a cumulative reserve shall be established to face future losses of the regime, up to twenty-five percent (25%) of the premiums collected in the year. If the surplus exceeds that percentage, the amount exceeded shall be applied to the downward adjustment of premiums for the following period.

(Thus amended by article 2 of Law No. 8779 of September 17, 2009) (Thus its numbering moved by subsection a) of article 2 in relation to subsection f) of article 1 of Law No. 8696 of December 17, 2008, which transferred it from article 43 to 44. Said article 2 was subsequently repealed by article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

Except for the case of policies for the vehicles indicated in article 43 of this Law.

(Thus amended by article 1, point 8) of Law No. 8779 of September 17, 2009) (Thus its numbering moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 44 to 45. Said article 2 was subsequently repealed by article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(Thus its numbering moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 45 to 46. Said article 2 was subsequently repealed by article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(The amendment made by subsection f) of article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (Thus its numbering moved by subsection a) of article 2 in relation to subsection f) of article 1 of Law No. 8696 of December 17, 2008, which transferred it from article 46 to 47. Said article 2 was subsequently repealed by article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(Thus its numbering moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 47 to 48. Said article 2 was subsequently repealed by article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

Coverage of the mandatory vehicle insurance

Likewise, it covers accidents produced with civil liability, deriving from the possession, use, or maintenance of the vehicle. In this latter case, this liability must be determined through the established procedures and before the competent courts.

(Thus its numbering moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 48 to 49. Said article 2 was subsequently repealed by article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(Thus amended the previous paragraph by article 1, point 9) of Law No. 8779 of September 17, 2009) In this case, it shall be governed by the provisions of the Labor Code.

(Thus its numbering moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 49 to 50. Said article 2 was subsequently repealed by article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

The limit of the amount per accident shall be established by multiplying the authorized passenger capacity of the vehicle by the limit per person indicated in the Regulations, and for each affected person, the maximum limit indicated in the Regulations shall be maintained.

In the case of injured persons under thirteen years of age or older than this age who are not insured under the Régimen de Enfermedad y Maternidad of the Caja Costarricense de Seguro Social, the amount per accident victim may be increased, following a socioeconomic study prepared by professionals of the Instituto Nacional de Seguros, to double the coverage amount per person in force on the date of the event. This additional amount may only be used to satisfy the needs for medical-healthcare benefits provided by the Instituto Nacional de Seguros.

In the case of death or permanent disability exceeding sixty-seven percent (67%) of general capacity, the coverage amount shall be that stipulated in the Regulations to this Law.

(Thus its numbering run by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 50 to 51. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

a)Medical-surgical, hospital, pharmaceutical, and rehabilitation assistance.
b)Prostheses and medical devices required to correct functional deficiencies.
c)Cash benefits corresponding to compensation for temporary or permanent disability, or for death, as detailed in this Law.

ch) Transfer expenses, under the terms and conditions established in the Regulations to this Law.

d)Payment for lodging and food when the injured person, due to the provision of medical-health or rehabilitation benefits, must travel to a place other than their habitual residence and the Instituto Nacional de Seguros cannot provide that service. The amount for this item shall be set in the Regulations to this Law.
e)Costs incurred for the funeral and transfer of the body, under the terms to be established in the Regulations to this Law.

(Thus its numbering run by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 51 to 52. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

a)Benefits under this insurance shall begin to be provided by the physicians of the Instituto Nacional de Seguros or by those contracted by the victim in their capacity as an injured person. To be entitled to them, the Instituto Nacional de Seguros must be informed through the accident report that the driver, the vehicle owner, or any authority aware of the event is obliged to submit.

The victim or their family members may give notice to the Instituto Nacional de Seguros of the event, providing or indicating, as applicable, the evidence they have.

The deadline for giving notice shall be ten business days after the accident. However, acceptance at a later date is at the discretion of the Instituto Nacional de Seguros, unless it is demonstrated that a real impossibility existed to present the evidence within the stipulated period. In this latter case, the period runs from the moment the impossibility ceases.

b)Sufficient grounds for interrupting the benefits of this insurance shall be that the insured, the driver, or the victim, upon reporting the accident or processing the claim, conceal, report, or falsely state any act or circumstance determinative in qualifying the accident or commit any fraud or false testimony regarding the foregoing, when so determined by the judicial authority. When such circumstances give rise to an undue payment, the Instituto Nacional de Seguros shall have the right to demand, via summary executive proceedings (vía ejecutiva), the reimbursement of sums paid in excess or unduly.

For these purposes, the certification of costs incurred, issued by the Instituto Nacional de Seguros, shall constitute an enforceable instrument (título ejecutivo).

c)The rights and actions to bring claims shall prescribe in two years from the date the accident occurred. In the event that claims have been filed, medical attention received, and the person has been discharged within that period, that person may request medical attention again, provided it is done within two years following the date of discharge and for a maximum of five years from that same date.

(Thus its numbering run by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 52 to 53. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

However, in such cases the Instituto Nacional de Seguros shall provide the economic benefits and medical services, for which it shall consider the maximum amount per injured person. In such a case, the Instituto Nacional de Seguros shall be subrogated, as a matter of law, to the amount paid and may collect, via summary executive proceedings (vía ejecutiva), the sums disbursed jointly and severally from the driver and the owner of the vehicle causing the accident. For such purposes, the certification issued by the Instituto Nacional de Seguros of the sum paid shall constitute an enforceable instrument (título ejecutivo).

(Thus its numbering run by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 53 to 54. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

Nevertheless, if any remainder exists, the cost of the services provided shall be paid to the Caja Costarricense de Seguro Social, when applicable, until the maximum coverage amount per person is exhausted. Medical, hospital, and pharmaceutical services that the Instituto Nacional de Seguros cannot provide because the available amount per person has been exhausted shall be provided by the Caja Costarricense de Seguro Social, the provider of those services, regardless of whether the injured persons are insured or uninsured under the Régimen de Enfermedad y Maternidad.

(Thus its numbering run by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 54 to 55. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

Assignment is feasible only to favor the rights of another victim of the same accident, provided that the coverage amount for the latter does not exceed the limit established in article 51 of this Law.

(Thus amended by article 1, point 10) of Law No. 8779 of September 17, 2009) (Thus its numbering run by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 55 to 56. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

Under no circumstances shall the subsidy received by the injured person exceed one hundred percent (100%) of duly verified income, as indicated in article 58 of this Law, nor be less than the minimum wage in force on the date of the mishap and that is proportional to the workday performed in the activity in which the injured party is engaged.

(Thus amended by article 1, point 11) of Law No. 8779 of September 17, 2009) (Thus its numbering run by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 56 to 57. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

a)Wages reported on payrolls submitted to the Caja Costarricense de Seguro Social.
b)Wages reported on payrolls for the Seguro de Riesgos del Trabajo submitted to the Instituto Nacional de Seguros, or failing that, on the personal income tax return submitted to the Ministerio de Hacienda. In any case, any of the aforementioned documents must have been delivered to the corresponding institution before the date of the accident.

If the injured person cannot prove their income by the means described, because they are a person working in their own activities, for which reason they are not insured under any of the aforementioned systems and are not a tax filer, or in any other exceptional case, the calculation of the temporary disability subsidy or permanent disability compensation shall be made using as a basis the legal minimum wage earned in the activity in which the victim was engaged, after having reliably proven their occupation, to the satisfaction of the Instituto Nacional de Seguros.

(Thus its numbering run by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 57 to 58. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

The calculation of the annual wage shall be made in accordance with the provisions of the Regulations, in relation to this chapter.

The payment of compensations shall be made in a single lump sum and the commutation tables and procedure in force for occupational risk cases shall be applied.

(Thus its numbering run by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 58 to 59. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

a)Minors under eighteen years of age who were economically dependent on the deceased. It shall not be necessary to prove economic dependence when the minors are children of the deceased.

In all other cases, economic dependence must be reliably proven.

b)Children over eighteen years of age but under twenty-five who are pursuing university studies and who do not have their own resources for their support. Likewise, children over eighteen years of age who, due to their disability status, cannot provide their own income.
c)The surviving spouse who cohabited with the deceased; the divorced or judicially separated spouse for causes attributable to the deceased, provided it is proven that they were economically dependent on the deceased, or failing that, the partner with whom the deceased may or may not have had children, provided they cohabited with them, uninterruptedly, during the last two years and were economically dependent on them. In this case, they must provide the necessary evidence of their status to the Instituto Nacional de Seguros.

ch) The legitimate mother or the foster mother.

(The Sala Constitucional, through resolution No. 4812 of July 6, 1998, declared that the preceding subsection is unconstitutional "...since it points out unequal and unjustified, that is, illegitimate treatment, because the norm creates differentiated categories without reasons justifying that decision: by irrationally discriminating against the father in relation to the mother." In this regard, through resolution No. 7808 of June 15, 2011, the same Chamber indicated that: "the foster father must be understood to be included as a beneficiary.") d) The father, when he had, in his time, ensured the maintenance of the deceased.

(Text thus modified by Resolution of the Sala Constitucional No. 4812-98 of 11:30 a.m. on July 6, 1998.)

(The Sala Constitucional, through resolution No. 4812 of July 6, 1998, declared that the preceding subsection is unconstitutional "...since it points out unequal and unjustified, that is, illegitimate treatment, because the norm creates differentiated categories without reasons justifying that decision: by irrationally discriminating against the father in relation to the mother.") e) Ascendants or descendants up to the third degree of consanguinity or affinity, sexagenarians or those unable to work, who lived under the economic dependence of the deceased.

The amount corresponding to each beneficiary shall be equal to the balance of the sum per injured person, divided by the number of successors in interest (derechohabientes).

(Thus its numbering run by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 59 to 60. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

In this case, all records shall be made known to the corresponding jurisdictional body for its decision. That office shall request the opinion of the Patronato Nacional de la Infancia on its utility and necessity. This opinion must be rendered within a period of no more than eight business days.

(Thus its numbering run by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 60 to 61. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

Sums covered by mandatory automobile insurance are deductible from the total that the driver or the vehicle owner is legally obliged to pay.

(Thus its numbering run by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 61 to 62. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

(Thus its numbering run by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 62 to 63. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

(Thus its numbering run by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 63 to 64. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

LICENSES AND THE LEARNER'S PERMIT

The driver accreditation process, when involving the provision of a public service, must conform, in all procedures carried out, to the standards set forth in Law No. 8279 of May 2, 2002, which established the Sistema Nacional para la Calidad.

(The amendment made by subsection f) of article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus its numbering run by subsection a) of article 2 in relation to subsection f) of article 1 of Law No. 8696 of December 17, 2008, which transferred it from article 64 to 65. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

The Learner's Permit

a)Know how to read and write. However, if the applicant is illiterate, they may obtain the permit upon prior approval of the special courses established by the Dirección General de Educación Vial.
b)Be of legal age. The permit may also be extended to persons over seventeen (17) years of age who have passed the road safety course, this permit being restricted only to licenses A-3, B-1, and D-1. To this end, a written application must be submitted by one of the parents, or the legal or administrative representative. The application must indicate a minimum of two (2) persons, so that at least one (1) of them accompanies the minor during the driving process. These latter persons must hold a driver's license of the same type or higher than that to which the learner aspires, which is in force and was first issued at least ten (10) years prior.

(The amendment made by subsection g) of article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) c) Pass the Basic Road Education Course, the requirements of which shall be established by regulation. In that course, the study of this Law and other related laws shall be mandatory.

ch) Present a medical examination detailing the tests of physical and psychological fitness for driving, which must be performed by a licensed professional and include the qualification of fitness in visual capacity and motor coordination ability necessary for driving. For such purposes, the medical professional must issue a finding on fitness in visual acuity, field of vision, response capacity to contrast, glare, and the movement of objects. Said examination shall have a validity of six (6) months, at most. The respective finding must bear a stamp of two hundred colones (¢200.00) in favor of the Cruz Roja Costarricense.

(The amendment made by subsection g) of article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) d) Take out an insurance policy that includes the following coverages: for injuries or death, a minimum of twenty million colones (¢20,000,000.00) per person; per accident, a minimum of forty million colones (¢40,000,000.00); and for damages to third parties, a minimum of twenty million colones (¢20,000,000.00) per accident.

(Thus the preceding subsection was added by subsection d) of article 2 of Law No. 8696 of December 17, 2008. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus its numbering run by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 65 to 66. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

In the case of driving schools, instructors must comply with the provisions of the law regulating driving schools.

(Thus amended by article 28 of the Ley de Regulación de las Escuelas de Manejo, No. 8709 of February 3, 2009) (Thus its numbering run by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 66 to 67. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

The Driver's License

a)Know how to read and write. However, if the applicant is illiterate, they may obtain their license upon prior approval of the special courses established by the Dirección General de Educación Vial.
b)Pass the Basic Road Education Course, the requirements of which shall be established by regulation, in which the study of this Law and other related laws shall be mandatory.
c)Present a medical examination detailing the tests of physical and psychological fitness for driving, which must be performed by a licensed professional and include the qualification of fitness in visual capacity and motor coordination ability necessary for driving.

For such purposes, the medical professional must issue a finding on fitness in visual acuity, field of vision, response capacity to contrast, glare, and movement of objects, and motor function, measuring deep tendon and superficial cutaneous reflexes. This document shall have a validity of six (6) months at most.

(The amendment made by subsection h) of article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) ch) Satisfactorily pass a practical examination for the type of license to which they aspire, in accordance with the provisions established for that purpose by the Dirección General de Educación Vial.

d)Have committed none of the infractions defined in article 130 of this Law during the twelve months prior to the date on which the license is first requested.

(Thus the preceding subsection was amended by article 1, point 12) of Law No. 8779 of September 17, 2009) e) Be of legal age, except in the cases provided for in article 69 of this Law, for Class A licenses, types A-1 and A-2.

(Thus the preceding subsection was amended by article 1, point 12) of Law No. 8779 of September 17, 2009) (Thus its numbering run by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 67 to 68. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

(Thus added by article 76 of the Ley sobre Igualdad de Oportunidades para las Personas con Discapacidad No. 7600 of May 2, 1996) (Thus its numbering run by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 67 bis to 68 bis. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

Class A driver's licenses:

Type A-1: Authorizes driving motobicicletas, bicimotos, triciclos, and cuadraciclos from 0 to 90 cc. Driver requirements: be thirteen (13) years of age.

Type A-2: Authorizes driving motocicletas, bicimotos, triciclos, and cuadraciclos from 91 to 125 cc. Driver requirements: be fifteen (15) years of age.

Type A-3: Authorizes driving motocicletas, triciclos, and cuadraciclos from 126 to 500 cc. No additional conditions are required.

Type A-4: Authorizes driving motocicletas, triciclos, and cuadraciclos over 501 cc. No additional conditions are required.

To issue licenses of types A-1, A-2, and A-3 to minors, written authorization from one of the parents or their legal representative is required; in addition, they must take out an insurance policy that includes the following coverages: for injuries or death, a minimum of forty million colones (¢40,000,000.00) per person; per accident, a minimum of one hundred million colones (¢100,000,000.00); and for damages to third parties, a minimum of twenty million colones (¢20,000,000.00) per accident.

(The amendment made by subsection i) of article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) Class B driver's licenses:

Type B-1: Authorizes driving only light vehicles from a quarter ton to one and a half tons. No additional conditions are required.

Type B-2: Authorizes driving vehicles of all weights up to five (5) tons.

Type B-3: Authorizes driving vehicles of all weights, including those over five (5) tons, except articulated heavy vehicles.

Type B-4: Authorizes driving vehicles of all weights, including articulated ones.

In cases relating to Class B-2, B-3, and B-4 driver's licenses, the Regulations shall establish fitness requirements, safeguarding freedom of work and the principles of reasonableness.

In addition to the other requirements established in this Law to obtain type B-2, B-3, and B-4 licenses, obtaining a type B-2 license requires having been accredited for one (1) year to drive with a B-1 license; for a type B-3 license, it is required to have been the holder of a B-2 license for two (2) years; and for a B-4 license, it is required to have been accredited to use a type B-3 license for three (3) years, and to be over twenty-five (25) years of age in the case of the B-4 license.

(The amendment made by subsection i) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) CLASS C DRIVING LICENSE:

TYPE C-1: Authorizes driving only taxi-type vehicles:

Driver requirements: Be trained to operate public service vehicles, in accordance with the regulations of this law; provide the service guarantee bond valid for the effective period of the license, for the amount established in the regulations of this law; and have obtained the certificate for the basic Road Safety Education course for public transportation, which shall include, among other topics, rules of civility (urbanidad) and human relations. If the person applying for a type C-1 license already holds a type B-1 license, it will be unnecessary for them to take the practical exam again.

(Thus amended by Law No. 7969 of December 22, 1999) TYPE C-2: Authorizes driving only passenger transport vehicles of the bus type.

Driver requirements: have five years of experience driving the vehicles authorized by a type B-1 license, provide the service guarantee bond valid for the effective period of the license, for the amount determined in the Regulations of this Law, and have obtained the certificate for the Basic Road Safety Education Course for public transportation, which shall include, among other topics, rules of civility (urbanidad) and human relations.

Class D driving licenses:

TYPE D-1: Authorizes driving only wheeled tractors.

Driver requirements: be sixteen years of age. Have obtained the certificate for the Basic Road Safety Education Course for driving wheeled tractors.

To grant this type of license to a minor, written authorization from one of the parents or their legal representative is required. Additionally, they must take out an insurance policy with the Instituto Nacional de Seguros, for injuries, death, and damage to third parties, for a minimum of two million colones (¢2,000,000), per coverage.

TYPE D-2: Authorizes driving only tracked tractors.

Driver requirements: have obtained the certificate for the Basic Road Safety Education Course for driving tracked tractors.

TYPE D-3: Allows driving other types of machinery.

Driver requirements: have obtained the certificate for the Basic Road Safety Education Course for special equipment.

Class E driving licenses:

TYPE E-1: Authorizes driving vehicles included within the classes of two, three, four, or more axles; except those intended for public transportation.

Driver requirements: have a minimum of one year of experience driving the vehicles authorized by type A-4 and B-4 licenses. Have obtained the certificate for the Basic Road Safety Education Course for special equipment.

TYPE E-2: Empowers the holder to drive wheeled tractors, tracked tractors, and all classes of vehicles with two, three, four, or more axles, as well as the machinery authorized by a type D-3 license.

Driver requirements: have obtained the certificate for the Basic Road Safety Education Course for driving wheeled and tracked tractors, as well as that for special equipment, and have one year of experience driving the vehicles authorized by type A-4 and B-4 licenses.

(Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 68 to 69. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

(Thus amended by Article 1, point 13) of Law No. 8779 of September 17, 2009) (Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 69 to 70. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

Subsequently, it shall be renewed every six (6) years. In both cases, the medical examination of physical and psychological aptitudes indicated in subsection c) of Article 68 of this Law must have been satisfactorily completed.

Those who apply for a license for the first time and have not reached twenty-five (25) years of age at the time of submitting their application shall be granted the license on a provisional basis, once the requirements for the type of license involved are met.

In cases where, for medical or clinical reasons, driving may be risky for other road users, a driver's license may be granted for a maximum period of two (2) years. This situation must be duly determined and verified through the corresponding medical opinion. If the applicant does not agree with the result of the opinion, they must appeal the rendered result before the Colegio de Médicos y Cirujanos, which shall determine, through the corresponding body, the final result on the matter in question. Said result shall be unappealable.

In the case of drivers seventy-five (75) years of age or older, the driver's license shall be renewed every three (3) years. For public service transportation and for special equipment, the driver's license shall be renewed every two (2) years, regardless of the driver's age.

The Executive Branch shall determine, in the Regulations of this Law, which physical and mental deficiencies make driving a vehicle impossible.

(The amendment made by subsection i) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 70 to 71. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

The number of points initially assigned shall be reduced or automatically deducted in any of the following cases:

a)The entire amount of points, by a final conviction for the commission of crimes defined in Articles 117, 128, and 254 bis of the Criminal Code, Law No. 4573, and its amendments. Likewise, all points shall be deducted from the driver for committing any of the conducts indicated in subsections a), (d))* and e) of Article 130 of this Law.

* (The subsection highlighted in parentheses in the previous paragraph was annulled by resolution of the Sala Constitucional No. 12657 of September 21, 2011.)

b)Twenty-five (25) points, for the commission of any of the conducts indicated in subsections b), (c))*, ch) and f) of Article 130 and in subsections ch) and d) of Article 131 of this Law.

* (The subsection highlighted in parentheses in the previous paragraph was annulled by resolution of the Sala Constitucional No. 9205 of July 4, 2012.)

c)Twenty (20) points, for the commission of any of the conducts detailed in subsections a), e), f), *g), i),* j), k) and l) of Article 131 and in subsection o) of Article 132 of this Law.

*( The Sala Constitucional, by resolution No. 03741 of March 20, 2013, corrected in turn by resolution No. 04048 of March 27, 2013, dismissed the action of unconstitutionality in relation to subsections g) and j) of Article 131 (cited in the previous subsection) "provided that the sanctioned driver is also the registered owner of the vehicle.") d) Fifteen (15) points, for the commission of any of the conducts detailed in subsections a), b), c), ch), d), e), f), g), h,), i), j), k), l), m), n) and *ñ) of Article 132 of this Law.

*(The Sala Constitucional, by resolution No. 04612 of April 10, 2013, interpreted this subsection to mean that "the penalty of point deduction for violating Article 132 subsection ñ... is not unconstitutional, provided that the sanctioned driver is also the registered owner of the vehicle".)

e)Ten (10) points, for the commission of any of the conducts detailed in subsections b) and c) of Article 131, in subsections a), b), c), ch), d), e), f), g), h)(*), i) and j) of Article 133, and in subsections a), b) and ch) of Article 136 of this Law.

(*) (By resolution of the Sala Constitucional No. 03835 of March 19, 2013, this subsection was interpreted in relation to subsection h of numeral 133 of this same law, in the sense that it may only penalize the conduct when the fault is attributable to the driver; otherwise, the application of the sanction and point deduction is unconstitutional, until a legal mechanism is established that requires companies to process or carry the respective permit.)

f)Five (5) points for the commission of the conducts detailed in subsections a), b), c), ch), d), e) and g) of Article 134 of this Law.

The points shall be automatically deducted from the driver's record, once the imposition of the sanction is final, through administrative or jurisdictional channels, and a record shall be kept of the final point balance.

In the case of learner drivers or those who drive without being duly accredited or with a suspended license, if they incur in any of the conducts indicated as an infraction of this Law and are subject to point deduction, the corresponding deduction shall be applied at the time the driver's license is issued.

If the citation ticket that led to the cancellation of accreditation due to the loss of all assigned and/or available points was not challenged, Cosevi shall communicate this consequence to the interested party, at the address they must have indicated to receive notifications at the time the ticket was issued and which shall be incorporated into the driver's record. If they failed to indicate one, they shall be considered notified within twenty-four (24) hours after the corresponding resolution is issued. This communication shall be merely informative and shall have no recourse through administrative channels.

Cosevi shall adopt the appropriate measures to facilitate, for license holders, access to their point balance, through the existence of a record for each driver authorized to operate the motor vehicles defined in this Law, in which the points shall be accounted for in a precise and up-to-date manner; all the foregoing without prejudice to the criminal or civil sanctions that may be applicable to the sanctions described in this article.

(Thus added by subsection e) of Article 2 of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Note from Sinalevi: In accordance with the provisions of Transitorio I of Law No. 8696 of December 17, 2008, amended by Law No. 8779 of September 17, 2009, the point system shall enter into force as of March 1, 2010) (Note from Sinalevi: In accordance with Transitorio IV of Law No. 8696 of December 17, 2008, ". For drivers who have the accreditation of the respective license, the initial score of fifty (50) points shall apply as of the period indicated in Transitorio I of this Law. The same period shall apply for the other measures established in this Law, such as the system for towing and custody of detained vehicles.") (Note: In accordance with Transitorio III of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial, No. 9078 of October 4, 2012, the following is established: ".TRANSITORIO III.- The permanent driver evaluation system shall enter into force within a period of six months, counted from the publication of this law. During said period, the current content of Law No. 7331, Ley de Tránsito por Vías Públicas Terrestres, of April 13, 1993, and its amendments, shall continue to govern regarding the point system.

During this period, Cosevi must develop information and dissemination campaigns, so that drivers become aware of the scope and purposes dictated by this law and its effects.".

Likewise, Transitorio V of the same law indicates: ".TRANSITORIO V.- Upon the entry into force of this law, each driver shall maintain the count of points that had been applied to their license based on the previous law, which shall be adjusted in accordance with the parameters defined by this law, as long as they do not impose more onerous conditions on offenders.")

If the driver loses all assigned and/or available points for the second time, once they have been again enabled, the suspension shall be for four (4) years. Should a new loss of points occur, the suspension shall be for ten (10) years.

The suspension shall extend to any type of driver's license held by the offender.

The driver may obtain accreditation to drive again in all the above cases, once the corresponding suspension period has elapsed and they have fulfilled one of the following requirements:

a)A course on road safety awareness and re-education.
b)An addiction treatment program for the control of alcohol, narcotic, psychotropic, or enervating drug consumption.
c)A specialized program for controlling violent behavior and psychological treatment.
d)The provision of community service (servicios de utilidad pública).

In each case, the activity to be completed, as well as its duration and content, shall be determined by Cosevi, according to the offender's conduct.

The aforementioned courses and programs must be taught by entities accredited by Cosevi. Their content, duration, and other requirements shall be determined by regulation. However, the duration of the road safety awareness and re-education courses shall be a maximum of one hundred hours, distributed over a period that shall not be less than three (3) months nor more than six (6). The treatment programs indicated in this article shall have a maximum duration of seventy-five (75) hours.

The penalty of providing community service consists of the sanctioned person providing free service, in the places and schedules determined by Cosevi, for the benefit of a public establishment or one of community utility and under the control of the authorities of said establishments, in such a way that it does not violate the driver's human rights, does not disturb their work activity, does not put third parties at risk, nor affect the quality of the service provided at the respective institution.

The new license accreditation shall entail a base assignment of thirty (30) points. Should a second license suspension occur, the driving accreditation shall start with twenty (20) points; and on a third occasion, the base accreditation shall be fifteen (15) points.

Those who maintain all their points by not having been firmly sanctioned for infractions to this Law shall receive, as a bonus, five (5) points for the period of the first three (3) years and, after the third year, three (3) points for each year in the period in which they have continuously maintained such conduct.

The driver who has lost fewer than thirty (30) points due to the accumulation of infractions and who does not commit new infractions that reduce their score within a period of four (4) years may recover all their points.

The driver who has lost thirty (30) points or more due to the accumulation of infractions and who does not commit new infractions that reduce their score within a period of one (1) year may voluntarily choose to take a road safety awareness and re-education course, and if they pass it, they may recover eighty percent (80%) of the lost points. Courses for the partial recovery of points may not have a duration of less than fifteen (15) hours.

In the case of a license suspension for criminal reasons, the provisions of the corresponding jurisdictional authority shall apply. Additionally, the person may obtain driving accreditation again once the suspension period to which they were sentenced has elapsed and they have passed the course or program assigned by Cosevi, in application of the fourth paragraph of this article. This new license accreditation shall entail a base assignment of thirty (30) points. Should a second license suspension occur, the driving accreditation shall start with twenty points (20), and on a third occasion, the base accreditation shall be fifteen (15) points.

When the driver convicted in criminal court has had their prison sentence substituted for the provision of community service and seeks to obtain the license accreditation again, Cosevi may not impose the requirement indicated in subsection d) of this article upon them.

(Thus added by subsection e) of Article 2 of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Note from Sinalevi: In accordance with the provisions of Transitorio I of Law No. 8696 of December 17, 2008, amended by Law No. 8779 of September 17, 2009, the point system shall enter into force as of March 1, 2010) (Note from Sinalevi: In accordance with Transitorio IV of Law No. 8696 of December 17, 2008, ".For drivers who have the accreditation of the respective license, the initial score of fifty (50) points shall apply as of the period indicated in Transitorio I of this Law. The same period shall apply for the other measures established in this Law, such as the system for towing and custody of detained vehicles.") (Note: In accordance with Transitorio III of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial, No. 9078 of October 4, 2012, the following is established: ".TRANSITORIO III.- The permanent driver evaluation system shall enter into force within a period of six months, counted from the publication of this law. During said period, the current content of Law No. 7331, Ley de Tránsito por Vías Públicas Terrestres, of April 13, 1993, and its amendments, shall continue to govern regarding the point system.

During this period, Cosevi must develop information and dissemination campaigns, so that drivers become aware of the scope and purposes dictated by this law and its effects.".

Likewise, Transitorio V of the same law indicates: ".TRANSITORIO V.- Upon the entry into force of this law, each driver shall maintain the count of points that had been applied to their license based on the previous law, which shall be adjusted in accordance with the parameters defined by this law, as long as they do not impose more onerous conditions on offenders.")

(Thus added by subsection e) of Article 2 of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

(The amendment made by subsection i) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 71 to 72. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

Drivers must communicate, in writing, any change of domicile to the Dirección General de Educación Vial, within the following thirty calendar days; for which they may use certified mail or any other means of communication that allows proof of sending.

That address shall be considered the domicile for receiving notifications, which shall also be carried out by certified mail.

In the event that the address is not on file or is incorrect, such that the notification cannot be carried out, it shall be done through publication in the Diario Oficial, three times, at the offender's expense.

No license shall be renewed until the driver pays the publication costs, which shall also be recorded as a lien on the highest-value vehicle registered in the license holder's name.

(Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 72 to 73. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

The Dirección General de Educación Vial shall take the necessary administrative measures so that each driver's decision is recorded on the license document.

The content of the form shall be proposed by the Caja Costarricense del Seguro Social and issued by executive decree.

(Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 73 to 74. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

The license must be up to date, and the driver must carry it together with their passport.

However, they may obtain a driver's license with the mere presentation of the license from the other country and the medical examination, in accordance with what is established by this Law.

(Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 74 to 75. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

General Provisions

(Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 75 to 76. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

(Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 76 to 77. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

(Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 77 to 78. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

RULES FOR DRIVING VEHICLES

a)Immediately obey the verbal or written instructions of traffic authorities and stop when indicated by the stop signal, which may be given by hand or by acoustic or luminous signals.
b)Respect the instructions of any official traffic control device that has been installed and operates in accordance with the respective legal and regulatory provisions.
c)Observe and comply with vertical signs and with markings on public roads.

(Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 78 to 79. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

Likewise, drivers must avoid situations that impede the free flow of traffic, and shall therefore apply defensive driving and maintain constant caution and mutual consideration toward pedestrians and other drivers.

Drivers must ensure the physical integrity and safety of themselves and of the passengers as persons responsible for the vehicle; therefore, they must use the seat belt (cinturón de seguridad) and require all passengers in the vehicle to use it. The driver who does not use the seat belt or drives a vehicle in which any passenger does not use it shall be penalized as set forth in this Law.

Drivers of motor vehicles who must transport persons under twelve (12) years of age shall be obligated to use a safety device, appropriate to the weight and age of the minor, who must travel in the rear seat of the vehicle.

In both cases, the respective safety device must be attached to the rear seat by means of the seat belts and comply with all technical specifications defined by regulation.

(The amendment made by subsection j) of article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus its numbering was moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 79 to 80. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

1)The passenger is in an evident state of drunkenness or under the effects of prohibited substances or drugs.
2)The passenger suffers from a noticeable illness that could produce contagion to the other passengers.
3)The passenger carries bulky objects, explosive or hazardous materials, or animals, except for the guide dog used by persons suffering from visual impairment (discapacidad visual).
4)The passenger utters insults or uses foul language inside the vehicle or whose behavior shows disrespect to the other passengers.
5)The passenger throws objects of any type onto the public road, rights-of-way, or inside the vehicle.
6)The passenger causes damage to the vehicle or uses the internal devices inappropriately.
7)Smoking is prohibited inside any vehicle intended for public transportation.
8)The passenger disrespects the legal or regulatory provisions regarding disability.

Passengers must comply with the provisions of the driver or the competent authority and maintain proper composure and order during the trip.

Passengers who incur any of the above grounds may be penalized with the payment of the fine established in article 132 of this Law.

(The amendment made by subsection j) of article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus its numbering was moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 80 to 81. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

Therefore, when State vehicles and those of its institutions are involved in a traffic proceeding, the encumbrance (gravamen) established in article 189 of this Law must be noted in their corresponding entry in the Public Registry of Movable Property (Registro Público de la Propiedad Mueble).

(The amendment made by subsection j) of article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus its numbering was moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 81 to 82. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

DRIVERS OF VEHICLES

These limits, both minimum and maximum, are in effect from the placement of the signs or markings indicating those speeds, which must be suitably installed on the highways. Regarding speed, the following provisions govern:

a)Circulating at a speed higher than the maximum limit or lower than the established minimum is prohibited, in accordance with the limits set by the Dirección General de Ingeniería de Tránsito; for this, the driver must take into account the road conditions and must do so under the rules indicated in the following subsections.
b)The maximum speed permitted on roads where there is no express regulation is sixty (60) kilometers per hour.
c)In urban zones, the maximum speed permitted shall be forty (40) kilometers per hour. However, a driving speed is authorized on those stretches that may not exceed sixty (60) kilometers per hour, if the road conditions, the prevailing vehicular flow, and the low level of risk involved so permit. In non-urban zones, the maximum limit established on the stretch may only be exceeded by ten (10) kilometers per hour, only if the aforementioned conditions are observed.

ch) When passing in front of the entrance and exit of educational facilities, hospitals, clinics, and places where sports, religious, social, cultural, or other public-interest activities or spectacles are held, it is prohibited to circulate at a speed exceeding twenty-five (25) kilometers per hour when activities are taking place in those locations.

d)Circulating on any stretch of highway below the established minimum speed in such a way that it limits or delays the free flow of the rest of the motor vehicles is prohibited, except in cases where, due to natural or artificial causes, driving is difficult, or in the case of funeral processions.
e)On expressways (autopistas), the minimum speed is set at forty (40) kilometers per hour and the maximum speed at one hundred (100) kilometers per hour.
f)In zones designated as frequent bicycle traffic areas (zonas de paso frecuente de ciclistas), duly signposted, the maximum speed permitted shall be forty (40) kilometers per hour. Expressways (autopistas) may not be designated as frequent bicycle traffic areas.

(The amendment made by subsection j) of article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus its numbering was moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 82 to 83. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

In the case of the automatic surveillance system, the requirements established in article 150 of this Law must be fulfilled.

(Thus amended the preceding paragraph by article 1, point 14) of Law No. 8779 of September 17, 2009) The interested party has the right to be shown, immediately, the device with the speed measurement, if it has been used, and to challenge that measurement by any means of evidence.

(Thus its numbering was moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 83 to 84. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

a)When the right lane is obstructed and it is necessary to travel in the left lane.
b)When overtaking another vehicle traveling in the same direction.
c)When the road is designed or marked for traveling in a single direction.

ch) In other cases specified in the Regulations of this Law.

In the case of expressways and other special highways with multiple traffic lanes, faster vehicles shall circulate on the left side and slower vehicles on the right side. The driver must respect and obey the specific signs placed on those roads to regulate lane use.

(Thus its numbering was moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 84 to 85. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

To do so, the driver must consider their speed, the road conditions, the weather conditions, and those of their own vehicle.

(Thus its numbering was moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 85 to 86. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

(Thus its numbering was moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 86 to 87. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

In addition, they are obligated to give notice in the following manner:

a)To stop or reduce speed, they must use the brake light.
b)Both lane changes and changes in vehicle direction must be indicated in advance by using the corresponding turn signal (luz direccional).

(Thus its numbering was moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 87 to 88. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

a)From half an hour before the natural time of dusk until half an hour after the natural time of dawn, the circulation of vehicles without the required lights on is prohibited. This provision shall also apply at any time of day, on occasions when, due to natural or artificial causes, visibility is difficult, especially in tunnels.
b)The high beam (luz alta) of the vehicle shall be used on highways, provided there are no vehicles coming in the opposite direction of travel.
c)The low beam (luz baja) of the vehicle shall be used in urban zones and on highways when vehicles are coming in the opposite direction of travel or when traveling behind another vehicle.
d)Fog lights (luces para la neblina) shall be used only when weather conditions so require.

(Thus its numbering was moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 88 to 89. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

a)If it is an access controlled by a red traffic light, the driver must bring their vehicle to a complete stop at the stop line (línea de parada) that is marked. But if there is no such line, the driver shall stop near the road they are about to cross without obstructing cross traffic. In case they are going to turn right, if the traffic on the road with the green light permits, they may turn as if it were a crossing regulated by a fixed stop sign (señal fija de alto).

However, the Dirección General de Ingeniería de Tránsito is empowered to prohibit turning right on a red light in locations it deems pertinent; for this, it must place the fixed sign indicating such.

b)When the green traffic light assigns the right-of-way or when turning right on red, the driver must yield the right-of-way to all pedestrians on the roadway (calzada).
c)The yellow light and the flashing green light of the traffic light indicate that the driver must decelerate to stop if they are still far from the crossing point, or that, if they are very close to the crossing point, they must hurry, without exceeding speed limits, to clear the intersection zone. In this latter case, one must not brake suddenly to avoid the crossing.

ch) If it is an access controlled by a "stop" sign (señal de "alto"), the driver must stop the vehicle completely at the stop line marked on the roadway, even if they have sufficient visibility and no vehicle is traveling on the road with right-of-way. If there is no stop line, they shall stop upon entering the closest point of the road they are going to cross and, to execute such maneuver, shall yield the right-of-way to all pedestrians on the roadway.

d)At intersections that have a "yield" sign (señal de "ceda el paso"), the driver must reduce their speed so that they can observe the traffic approaching on the other roads. If a vehicle approaches that, due to its proximity or speed, could endanger traffic safety, they must bring their movement to a complete stop and proceed in accordance with the provisions of subsection ch) of this article.

(Thus its numbering was moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 89 to 90. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

a)Vehicles traveling on rails.
b)Authorized emergency vehicles, which shall have preference on the road, provided they identify themselves by means of characteristic visual and audible signals and comply with regulatory limitations. In such a case, other vehicles must stop their movement and park in an appropriate place, to resume it once the emergency vehicle has passed.
c)Vehicles traveling on a primary highway, in relation to those traveling on a secondary highway, and those traveling on a secondary highway, in relation to those traveling on a tertiary highway.

ch) When two drivers approach an intersection of highways from different roads and there is no sign giving right-of-way to either of them and the two roads are of the same type, the driver arriving from the left must yield the way to the vehicle on their right.

d)At intersections regulated simultaneously by a traffic light and a stop sign, traffic lights have priority over stop signs; but the latter must be obeyed when the traffic light is out of operation for any reason.
e)Vehicles regulated by a "yield" sign (señal de "ceda"), in relation to those regulated by a "stop" sign.
f)At intersections with two accesses controlled by a fixed "stop" sign, vehicles turning left from the main road have right-of-way over vehicles on the two secondary accesses. Vehicles continuing straight from the secondary accesses have right-of-way over those turning left from those same accesses.
g)Traffic regulation by an inspector has priority over "stop" signs and even over an operating traffic light.

(Thus its numbering was moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 90 to 91. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

a)A vehicle traveling within a roundabout has right-of-way over one preparing to enter.
b)Within a roundabout, the maximum speed permitted is thirty kilometers per hour.
c)The vehicle about to enter the roundabout must yield the way to the one traveling inside; for which reason it shall respect the "yield" sign (señal de "ceda"), and shall stop completely, if necessary, at the stop line corresponding to its lane. Likewise, the roundabout shall be entered only when the gap between vehicles traveling inside it allows a safe maneuver.

ch) To enter the roundabout, each vehicle shall position itself in the respective access lane, which will depend on the location of the exit it is heading to, as indicated below:

1.- If the roundabout is to be left at the first exit, the vehicle must position itself in the outer (right) lane of the access. To execute the exit maneuver, the right turn signal must be turned on and the right lane of the exit used.

2.- If the roundabout is to be left at the second exit, the vehicle may position itself in either of the two right-hand access lanes. While traveling inside the roundabout, the vehicle must remain in the chosen lane and keep the left turn signal on. To execute the exit maneuver, the right turn signal must be turned on and the exit lane corresponding to the one used to travel inside the roundabout used.

3.- If the roundabout is to be left at the third exit or a later exit, the vehicle must position itself in the inner (left) lane of the access. While inside the roundabout, it shall travel in its inner lane, with the left turn signal on. To execute the exit maneuver, the right turn signal must be turned on and the left lane of the exit used.

d)For the positioning of vehicles in the access lanes, the vertical signage established by the Dirección General de Ingeniería de Tránsito prevails over these rules.

The applicable sign has a green background with white drawings, and on its lower part, in a yellow box, the required positioning is indicated.

e)Changing lanes within the roundabout is not permitted, except during entry and exit maneuvers.
f)Overtaking another vehicle within the roundabout is not permitted.
g)Even in cases where the geometric design of the roundabout facilitates maneuvering expeditiously toward the first exit, it is obligatory for vehicles wishing to enter the roundabout to respect the "yield" sign and give right-of-way to vehicles traveling inside.

(Thus its numbering was moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 91 to 92. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

a)This lane is used in the central area of urban highways with four or more lanes. It is a refuge zone, which allows drivers to execute left-turn maneuvers from a secondary road or onto a secondary road without interrupting the free flow of traffic.
b)This lane may not be used for through traffic or for overtaking.
c)Vehicles traveling in either direction of the road that need to make a left turn must position themselves in the left lane of their direction of travel, at least one hundred meters before the point where they will execute the maneuver. Likewise, they must activate the left turn signal fifty meters before and reduce speed, verifying that no conflicts arise with other vehicles, before entering the center lane and stopping completely in the selected location, keeping the left turn signal on. To complete the maneuver, they must wait for an adequate gap between vehicles in the opposite-direction traffic stream, so that there is no possibility of collision.

ch) To enter the center left-turn lane from a side road or from private property, the left turn signal must be activated, an adequate gap waited for between vehicles on the arterial road, the roadway crossed, and refuge taken in the center lane, provided that this maneuver can be executed safely. To then enter the normal traffic lanes, it must be verified that no conflicts arise with vehicles on the arterial road and in the center lane.

Preferably, entry should be into the right lane, as it is the one with slower traffic.

d)A vehicle stopped in this lane must not obstruct the passage of those traveling in the adjacent lanes.
e)The center left-turn lane is marked with continuous outer lines and discontinuous inner lines, both yellow in color. This demarcation does not permit "U" turns.

(Thus its numbering was moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 92 to 93. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

a)Make sure, before beginning the maneuver, that no driver coming behind has also begun it; for this purpose, they shall look through the rear-view mirrors. In addition, they must turn their head to check the blind spot (ángulo muerto) of the mirror.
b)Make sure that the left side of the highway is clearly visible and that if there is oncoming traffic, it is at a sufficient distance to be able to overtake without obstructing or endangering other vehicles, including bicycles if present.

(The amendment made by subsection k) of article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) c) Announce their intention by means of the turn signal, then pass on the left of the vehicle ahead, at a safe distance, and announce, with the regulatory turn signals, their intention to return to the right lane when they reach a reasonable distance, without obstructing the movement of the overtaken vehicle.

ch) Not overtake another vehicle that has stopped in front of a pedestrian crossing zone.

d)Overtaking another vehicle or vehicles traveling at the maximum permitted speed is prohibited. In general, overtaking is prohibited on curves, intersections, railway crossings, bridges, tunnels, overpasses, in other duly marked locations, and in all circumstances that could endanger the safety of other persons and other vehicles.
e)Motorcycle drivers are prohibited from overtaking or traveling through the middle of the roadway, taking advantage of the space of road markings, or overtaking between rows of moving or stopped vehicles. Excepted from the application of this provision are traffic police officers and officers of other police forces who are driving motorcycles, provided they are in the performance of their duties.

(Thus added the preceding subsection by article 1, subsection k) of Law No. 8696 of December 17, 2008. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) The driver of a vehicle that is about to be overtaken on the left must keep to the extreme right in favor of the overtaking vehicle and must not increase speed until it has been completely overtaken.

(Thus its numbering was moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 93 to 94. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

(Thus its numbering was moved by subsection a) of article 2 of Law No. 8696 of December 17, 2008, which transferred it from article 94 to 95. Said article 2 was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

(The amendment made by subsection f) of article 2 of Law No. 8696 of December 17, 2008, was subsequently repealed by article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) a) In urban zones, the tires of the vehicle must be a maximum distance of 0.30 meters from the edge of the sidewalk (acera).

b)Parking on roadways or sidewalks (aceras) is prohibited and, in general, positioning it in a way that impedes free transit, affects visibility, or endangers traffic safety, except as provided in subsection ch) of this article.
c)If the vehicle is to remain parked, the emergency or parking brake must be applied. Vehicles over two tons must be chocked with the required wheel chocks (cuñas reglamentarias).

ch) If, for special reasons, the vehicle must be parked on a highway, it must be placed off the roadway and its presence must be signaled by means of parking lights and luminous or reflective warnings, in accordance with this Law and its Regulations (Reglamento). If there is no shoulder, an attempt shall be made to park it in an appropriate place that poses the least danger to traffic.

d)No vehicle may be parked in places marked with fixed signs so indicating or demarcated with a yellow stripe, except when the signs limit the prohibition to certain hours.

Parking is prohibited at a distance of less than five meters before and after a fire hydrant or pedestrian crossing zones; less than ten meters from an intersection on urban roads and less than twenty-five meters from an intersection on non-urban roads.

e)Parking is prohibited at the top of a slope, on a curve, or in highway lanes.
f)Parking is prohibited in front of any entrance or exit of educational facilities, hospitals, clinics, fire stations, private or public parking lots, garages, premises, or buildings where sporting, religious, social, or other events of public interest are held.
g)Trucks, buses, or other vehicles having a gross weight greater than two tons are prohibited from parking on public roads, except when they are at authorized stops for that purpose.
h)Public passenger transport vehicles (taxis, buses, busetas, and microbuses) are prohibited from letting passengers off or picking them up without being parked in the places provided for this purpose or without the vehicle being parked at an approximate distance of thirty centimeters from the curb or edge of the sidewalk, or while there is no certainty that passengers can get off and on without risk.

Non-compliance with the foregoing provisions empowers the traffic authority (autoridad de tránsito) to remove the improperly parked vehicle when the driver is not present, or to compel the driver to remove it, without prejudice to the respective fine when applicable.

i)Drivers of motor vehicles that do not meet the requirements established in Article 43 of Law No. 7600, Equality of Opportunities for Persons with Disabilities (Ley N° 7600, Igualdad de oportunidades para las personas con discapacidad), and its Regulations (Reglamento), are prohibited from parking in spaces designated for vehicles of persons with disabilities. Such spaces reserved for persons with disabilities must be duly signed and must indicate the law and the sanctions established for drivers who use the spaces without having the identification and authorization for transport and parking, issued by the corresponding authority. The managers or administrators of public or private establishments shall be responsible for compliance with these provisions.

(Thus added the preceding subparagraph by Article 2°, subparagraph f) of Law No. 8696 of December 17, 2008. Said Article 2° was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (Thus its numbering amended by subparagraph a) of Article 2° of Law No. 8696 of December 17, 2008, which transferred it from Article 95 to 96. Said Article 2° was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

a)Driving at such a low speed as to impede the free flow of traffic is prohibited, except in the case of funeral vehicles, vehicles participating in authorized parades, or in those cases where road, traffic, or visibility conditions so require.
b)They must yield the right-of-way to faster vehicles.
c)When several slow-moving vehicles are traveling one behind the other, they must maintain sufficient space between them. In no case may this distance be less than fifty meters, to permit other vehicles traveling at higher speeds to perform the overtaking maneuver safely and without setbacks.

ch) On two-lane, two-way highways where overtaking is unsafe due to oncoming traffic or other conditions, a slow-moving, cargo, or passenger vehicle behind which a queue of three or more vehicles forms must pull off the road at places designated as turnouts (apartaderos), by vertical signage, to allow the vehicles in the line to pass without setbacks.

(Thus its numbering amended by subparagraph a) of Article 2° of Law No. 8696 of December 17, 2008, which transferred it from Article 96 to 97. Said Article 2° was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

a)Those of the microbus, buseta, and bus modality:
1)Must possess the authorization issued by the Public Transport Council (Consejo de Transporte Público) and strictly comply with the stops and schedules.
2)The Public Transport Council (Consejo de Transporte Público) shall determine the seated and standing passenger capacity in the public transport units. The capacity must be set based on the type of route, the distance of the trip, and the weight/power ratio of the unit's engine; the density of standing passengers, where applicable, may not exceed three (3) persons per square meter.

No passenger may travel in the entry and exit areas of the unit. The maximum passenger capacity must be displayed in each unit, in a visible place, by means of a sign authorized by the Public Transport Council (Consejo de Transporte Público); in the entry and exit areas, the limit of the zone where passengers may not travel must be marked with a yellow stripe at least ten (10) centimeters wide.

3)They are prohibited from driving on highways or streets in search of passengers; likewise, from picking up or letting off passengers on restricted-access highways. These vehicles must circulate only on the routes, at the stations, or at the stopping places authorized by the competent body of the MOPT, in accordance with the corresponding technical studies.
4)They must carry, in a place visible to the public, an exterior sign indicating the name and number of the route.
5)The vehicle doors must remain closed during the trip; they shall be opened only at authorized stops. The vehicle may not start moving without the doors having been closed.
6)Drivers are prohibited from conversing or performing any act that distracts them from the safe driving of the vehicle. Likewise, drivers, fare collectors, and passengers are prohibited from smoking inside the vehicle.
7)Charging a fare higher than the authorized one is prohibited.
b)Those of the taxi modality:
1)Must possess the authorization issued by the Public Transport Council (Consejo de Transporte Público) and strictly comply with the stops, zones of operation, schedules, and other regulations dictated by said body.
2)They may not operate in search of passengers in zones other than those indicated by the Public Transport Council (Consejo de Transporte Público), which may apply the corresponding sanctions if this is breached.
3)Charging a fare higher than the authorized one is prohibited.
4)Must carry in the vehicle, in a place visible to the user of this service, the driver's identification card, issued by the Public Transport Council (Consejo de Transporte Público).
5)The vehicles engaged in this activity must be of the color that the Public Transport Council (Consejo de Transporte Público) determines, in accordance with the Regulations (Reglamento) of this Law, and carry on both front doors a triangle of thirty (30) centimeters at the base by thirty (30) centimeters in height and of a contrasting color defined by the regulations, with the initials and the numbers of the plates corresponding to it. Below the number, it must have printed the place of operation of the vehicle granted under concession.
6)Bear the specific plates for this vehicle modality.
7)Comply with numeral 5 of subparagraph a) of this same article.
8)Comply with everything stipulated regarding this activity in the Regulations (Reglamento) of this Law.

The vehicles mentioned in subparagraphs a) and b) of this article are prohibited from refueling when transporting passengers.

In the event of improper use of the concession or repeated infractions against this Law and its Regulations (Reglamento), the Council shall suspend or cancel the concession.

(The amendment made by subparagraph l) of Article 1° of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (Thus its numbering amended by subparagraph a) of Article 2° of Law No. 8696 of December 17, 2008, which transferred it from Article 97 to 98. Said Article 2° was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

a)Only cargo vehicles with a maximum gross weight of five tons and that do not have a double cab for passengers may engage in this activity.
b)Only the number of persons indicated on the certificate of ownership shall be permitted in the vehicle.
c)They must have in force a special insurance policy from the National Insurance Institute (Instituto Nacional de Seguros), the amount of which shall be determined by this Institution, based on technical, real, and actuarial studies.

ch) Their operation is governed by the Regulations (Reglamento) that, for these purposes, the Ministry of Public Works and Transport issues by decree. In the event of improper use of the granted permit, the General Directorate of Traffic Engineering (Dirección General de Ingeniería de Tránsito) shall suspend or cancel it.

(Thus its numbering amended by subparagraph a) of Article 2° of Law No. 8696 of December 17, 2008, which transferred it from Article 98 to 99. Said Article 2° was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

a)They must comply with the same provisions given in numerals 2, 3, and 6 of subparagraph b) of Article 98 of this Law, applicable to this service modality.
b)The competent body of the MOPT shall issue permits for the provision of this service, in accordance with the respective regulations.

The authorization and regulation of rates shall be the competence of the MOPT, which shall grant them based on technical studies, according to the mileage required to tow the vehicle and other data it deems appropriate.

Likewise, tow trucks must submit to the stops established by the competent body of the MOPT, where they shall be called by interested parties in order to provide the service; therefore, they are prohibited from making the round in search of vehicles to tow.

c)The vehicles engaged in this activity must be registered and carry the logbook, numbered and sealed by the Public Transport Council (Consejo de Transporte Público). In this book, whose pages must be in duplicate allowing the use of carbon paper, there shall be indicated, in all cases in which a vehicle is towed, the characteristics thereof, the name and signature of the tow truck driver and the driver of the towed vehicle; the physical condition of the vehicle, the time, the place of origin, and the destination must also be indicated, specifying the exact address at both points, the amount charged, and other data of interest. The tow truck driver must give the driver of the towed vehicle the signed duplicate stating all the data stipulated therein; this document shall constitute full proof against the driver and owner of the tow truck, in the event of a violation of these provisions.

The logbook may be requested at any time by the traffic authorities. Failure to carry it shall result in the cancellation of the authorization granted, without prejudice to the fine established by subparagraph i) of Article 131 of this Law. When the book is full, it shall be delivered and archived at the Public Transport Council (Consejo de Transporte Público) in order to withdraw the next one.

ch) They must carry the lights and accessories stipulated in this Law and its Regulations (Reglamento); in addition, a rotating tower at three hundred sixty (360) degrees, with an amber light covering a distance of one hundred fifty (150) meters and two (2) searchlights, which shall be used when the vehicle is stopped and may be oriented so that the light beam does not affect other drivers in circulation. These accessories may only be used when performing the tow truck service.

d)In the event of traffic accidents, they may not move vehicles without the prior authorization of the competent authority.

When performing their activity, they must observe the rules and regulations established for all vehicles in this Law and its Regulations (Reglamento).

(The amendment made by subparagraph m) of Article 1° of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (Thus its numbering amended by subparagraph a) of Article 2° of Law No. 8696 of December 17, 2008, which transferred it from Article 99 to 100. Said Article 2° was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

a)The load must be well secured and conditioned, for the safety of pedestrians and vehicles traveling alongside.
b)The load must not obstruct the driver's visibility or hinder, in any way, the driving of the vehicle.
c)The load must be transported in such a way that it does not cause dust or other nuisances; for this purpose, tarpaulins, chains, and other accessories shall be used.

ch) The load must not hide the vehicle's lights or the license plate number.

d)All accessories, such as cables, chains, tarpaulins, and others, serving to condition or protect the load, must meet the respective safety conditions, properly secure the load, and be solidly fixed.
e)Any load protruding from the rear, front, or side of the vehicle must be signaled with red flags and with light-projecting devices during the night. In no case shall the load make contact with the road.
f)Circulation on public roads by vehicles with loads exceeding that permitted by the respective regulations is prohibited. Drivers of vehicles that violate this provision are obliged to unload the excess; but when they have received the load sealed with security devices, the obligation to unload the excess shall fall upon the owners or those responsible for the load in the country, in accordance with the bill of lading.
g)Circulation of vehicles of more than two and a half tons is prohibited in urban and suburban zones, as determined in the Regulations (Reglamento), on the transit routes defined by the competent body of the MOPT.
h)They may only load and unload, in accordance with the schedules and places agreed upon by the competent body of the MOPT.
i)Light and heavy cargo vehicles must submit to weighing, at the stations designated for that purpose, on the highways of the national territory.
j)Light and heavy cargo vehicles must carry the Weight and Dimensions Card, issued by the competent body of the MOPT, as established by regulation.
k)All light and heavy cargo vehicles must have an inviolable and easily readable device that allows the competent authority to know the speed, distance, time, and other variables regarding their behavior, and allows their control in any place in the country where the vehicle is located.

(The amendment made by subparagraph m) of Article 1° of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (Note from Sinalevi: In accordance with Transitional Provision VI of Law No. 8696 of December 17, 2008, "The MOPT within a period of eighteen (18) months, counted from the enactment of this Law, shall regulate the use of the control device for light and heavy cargo vehicles, established in subparagraph k) of Article 101 of the Law on Transit on Public Land Routes, No. 7331, as amended by subparagraph m) of Article 1 of this Law").

(Thus its numbering amended by subparagraph a) of Article 2° of Law No. 8696 of December 17, 2008, which transferred it from Article 100 to 101. Said Article 2° was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

1)Have the approved document accrediting the semi-annual technical inspection, to which they are obliged in order to circulate on highways.
2)Carry a permit issued by the competent body of the MOPT.
3)Submit to the schedules, routes, and other regulations dictated by the competent body of the MOPT.
4)Comply with the provisions of the Regulations (Reglamento) of this Law.

(The amendment made by subparagraph m) of Article 1° of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (Thus its numbering amended by subparagraph a) of Article 2° of Law No. 8696 of December 17, 2008, which transferred it from Article 101 to 102. Said Article 2° was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

a)They must have a permit issued by the General Directorate of Public Transport (Dirección General de Transporte Público), authorizing them to have loudspeakers installed and to operate them.
b)They are prohibited from operating loudspeakers from six o'clock in the evening until seven o'clock the following morning; except with a permit issued by the General Directorate of Public Transport (Dirección General de Transporte Público), which must be based on reasons of public interest.
c)It is prohibited to operate loudspeakers one hundred meters before and one hundred meters after clinics and hospitals, as well as educational centers and churches, when activities are being conducted in these places.

ch) Comply with all the provisions of the Regulations (Reglamento) of this Law.

(Thus its numbering amended by subparagraph a) of Article 2° of Law No. 8696 of December 17, 2008, which transferred it from Article 102 to 103. Said Article 2° was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

DRIVERS OF MOTORCYCLES AND BICIMOTOS

(The amendment made to the heading by Article 2°, subparagraph g) of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) a) Wear a properly fastened safety helmet. The helmet must meet the requirements stipulated in the Regulations (Reglamento) of this Law. Any passenger must comply with this same provision.

b)Drive their vehicle with absolute freedom of movement; therefore, they are prohibited from carrying packages, bundles, or objects that prevent them from keeping both hands on the handlebars.
c)Refrain from holding onto another moving vehicle on public roads.
d)From half an hour before the natural hour of dusk until half an hour after the natural hour of dawn, wear a retroreflective vest. In rain or fog conditions, they must wear a retroreflective vest or a fluorescent yellow, green, or orange cape. Likewise, they shall be obliged to wear those implements when stopping to make a repair on the highway.

(Thus this subparagraph added by Article 2°, subparagraph g) of Law No. 8696 of December 17, 2008. Said Article 2° was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (Thus its numbering amended by subparagraph a) of Article 2° of Law No. 8696 of December 17, 2008, which transferred it from Article 103 to 104. Said Article 2° was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

CYCLISTS

a)Travel on the right side of the road lane.
b)In cases where they must overtake a parked or slower-moving vehicle, they must ensure that there is no danger in performing the maneuver.
c)They may not travel on highways where the authorized speed is equal to or greater than eighty kilometers per hour, except in the case of special activities authorized by the General Directorate of Traffic Engineering (Dirección General de Ingeniería de Tránsito). To this end, they must take due precautions to alert other users of that road.

ch) When several bicycles are traveling, they shall do so in single file, one after the other, with the exception of the provisions of the preceding subparagraph.

d)No more than one person may ride on a bicycle, unless the vehicle is specially adapted for that purpose.
e)They may not travel on the sidewalks of public roads.
f)They are prohibited from holding onto another moving vehicle.
g)Children under ten years of age are prohibited from riding bicycles or tricycles on public roads if not accompanied by persons over fifteen years of age responsible for their care.

The return of bicycles removed from circulation shall only be made against the respective canceled ticket and the presentation of documents proving the applicant as the owner. In the case of minors, they must be accompanied by their parents or guardians.

h)Learning to ride bicycles on public roads is prohibited.
i)From half an hour before the natural hour of dusk until half an hour after the natural hour of dawn, cyclists must wear, in addition to the reflective devices on their bicycle, as indicated in Article 32 of this Law, a retroreflective vest or a fluorescent yellow, green, or orange cape on days of rain or fog. Likewise, they shall be obliged to wear those implements when stopping to make a repair, change tires, etc., on the highway.

(Thus the preceding subparagraph added by Article 2°, subparagraph h) of Law No. 8696 of December 17, 2008. Said Article 2° was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) j) Wear a properly placed and fastened safety helmet.

(Thus the preceding subparagraph added by Article 2°, subparagraph h) of Law No. 8696 of December 17, 2008. Said Article 2° was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (Thus its numbering amended by subparagraph a) of Article 2° of Law No. 8696 of December 17, 2008, which transferred it from Article 104 to 105. Said Article 2° was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(Thus added by subparagraph i) of Article 2° of Law No. 8696 of December 17, 2008. Said Article 2° was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

PEDESTRIANS

Pedestrians are obliged to observe the following provisions:

a)Pedestrian traffic on public roads shall take place outside the zones intended for vehicle traffic.
b)When a pedestrian needs to cross a vehicular roadway, they shall do so respecting the traffic signals and making sure there is no danger in doing so.
c)In urban zones, pedestrians must walk only on sidewalks and cross streets at corners or at marked crossing zones.
d)In places where there are grade-separated pedestrian crossings, pedestrians must use them.
e)When, due to the absence of sidewalks or available space, pedestrians must walk on highway roadways, they shall do so on the left side, according to their direction of travel.
f)Pedestrians may not walk on restricted-access highways or on railroad tracks.
g)Pedestrians may not carry, without due precautions, items that could obstruct or affect traffic.
h)Pedestrians may not place themselves in front of or behind a vehicle with its engine running.
i)Pedestrians may not be towed by moving vehicles.

(The amendment made by subparagraph n) of Article 1° of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (Thus its numbering amended by subparagraph a) of Article 2° of Law No. 8696 of December 17, 2008, which transferred it from Article 105 to 106. Said Article 2° was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

RECKLESS DRIVING

a)Under the influence of alcoholic beverages, when the blood alcohol concentration is equal to or greater than zero point five (0.5) grams per liter of blood.
b)Under the influence of toxic drugs, narcotics, psychotropic substances, or other substances that produce altered states and analogous energizing or depressive effects, in accordance with the definitions, scopes, and characteristics established in that regard by the Ministry of Health.
c)Traveling on any public road at a speed exceeding one hundred twenty (120) kilometers per hour, provided it does not involve illegal speed competitions known as drag races (piques).
d)On two (2) lane highways with opposing directions of travel, a driver who overtakes another vehicle on a horizontal or vertical curve, unless road signage expressly permits it.

(The amendment made by subparagraph n) of Article 1° of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (Así corrida su numeración por el inciso a) del artículo 2° de la ley N° 8696 de 17 de diciembre de 2008, que lo traspasó del artículo 106 al 107. Dicho artículo 2° fue derogado posteriormente por el artículo 251 de la Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 de 4 de octubre de 2012)

a)Travels at twenty (20) kilometers per hour or more over the speed limit for urban zone roads in accordance with subsections b) and c) of Article 83 of this Law.
b)Travels at a speed greater than twenty-five (25) kilometers per hour when passing the entrance and exit of educational establishments, hospitals, clinics, and places where sports, religious, social, cultural or other public-interest activities or spectacles are held, when activities are taking place at those locations.

(The amendment made by subsection n) of Article 1 of law N° 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012) (Así corrida su numeración por el inciso a) del artículo 2° de la ley N° 8696 de 17 de diciembre de 2008, que lo traspasó del artículo 107 al 108. Dicho artículo 2° fue derogado posteriormente por el artículo 251 de la Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 de 4 de octubre de 2012)

PROHIBITIONS AND PENALTIES

PROHIBITIONS

(Así corrida su numeración por el inciso a) del artículo 2° de la ley N° 8696 de 17 de diciembre de 2008, que lo traspasó del artículo 108 al 109. Dicho artículo 2° fue derogado posteriormente por el artículo 251 de la Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 de 4 de octubre de 2012)

(Así corrida su numeración por el inciso a) del artículo 2° de la ley N° 8696 de 17 de diciembre de 2008, que lo traspasó del artículo 109 al 110. Dicho artículo 2° fue derogado posteriormente por el artículo 251 de la Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 de 4 de octubre de 2012)

(Así corrida su numeración por el inciso a) del artículo 2° de la ley N° 8696 de 17 de diciembre de 2008, que lo traspasó del artículo 110 al 111. Dicho artículo 2° fue derogado posteriormente por el artículo 251 de la Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 de 4 de octubre de 2012)

Likewise, in places designated by the Regulations (Reglamento) of this Law.

(Así corrida su numeración por el inciso a) del artículo 2° de la ley N° 8696 de 17 de diciembre de 2008, que lo traspasó del artículo 111 al 112. Dicho artículo 2° fue derogado posteriormente por el artículo 251 de la Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 de 4 de octubre de 2012)

(Así corrida su numeración por el inciso a) del artículo 2° de la ley N° 8696 de 17 de diciembre de 2008, que lo traspasó del artículo 112 al 113. Dicho artículo 2° fue derogado posteriormente por el artículo 251 de la Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 de 4 de octubre de 2012)

Excepted from this situation is displaying the vehicle registration decal (marchamo) and the technical inspection decal (calcomanía de revisión técnica). In the case of side windows, an opaque or polarized material may be used that allows inward or outward visibility of no less than seventy percent (70%).

All of the foregoing is without prejudice to the provisions of the Consejo de Transporte Público regarding the signage and user information that paid passenger transport and student transport units must display.

(The amendment made by subsection ñ) of Article 1 of law N° 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012) (Así corrida su numeración por el inciso a) del artículo 2° de la ley N° 8696 de 17 de diciembre de 2008, que lo traspasó del artículo 113 al 114. Dicho artículo 2° fue derogado posteriormente por el artículo 251 de la Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 de 4 de octubre de 2012)

Exempted from this prohibition are authorities and emergency service providers who, in the exercise of their assigned duties, must carry out their communications, unless they are accompanied by another person, in which case the latter must take charge of these instruments.

Likewise, drivers are prohibited from using video or television systems. They are also prohibited from using their hands in activities other than those required for driving, such as carrying a person, object, or animal in their arms that impairs driving.

(The amendment made by subsection ñ) of Article 1 of law N° 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012) (Así corrida su numeración por el inciso a) del artículo 2° de la ley N° 8696 de 17 de diciembre de 2008, que lo traspasó del artículo 114 al 115. Dicho artículo 2° fue derogado posteriormente por el artículo 251 de la Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 de 4 de octubre de 2012)

(Así corrida su numeración por el inciso a) del artículo 2° de la ley N° 8696 de 17 de diciembre de 2008, que lo traspasó del artículo 115 al 116. Dicho artículo 2° fue derogado posteriormente por el artículo 251 de la Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 de 4 de octubre de 2012)

(Así corrida su numeración por el inciso a) del artículo 2° de la ley N° 8696 de 17 de diciembre de 2008, que lo traspasó del artículo 116 al 117. Dicho artículo 2° fue derogado posteriormente por el artículo 251 de la Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 de 4 de octubre de 2012)

The traffic authorities may remove obstacles, cut trees, or take any other measure to guarantee the visibility of traffic signals, the circulation of vehicles, and the visibility of public roads.

(Así corrida su numeración por el inciso a) del artículo 2° de la ley N° 8696 de 17 de diciembre de 2008, que lo traspasó del artículo 117 al 118. Dicho artículo 2° fue derogado posteriormente por el artículo 251 de la Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 de 4 de octubre de 2012)

(Así reformado por el artículo 1°, punto 15) de la ley N° 8779 del 17 de setiembre de 2009) (Así corrida su numeración por el inciso a) del artículo 2° de la ley N° 8696 de 17 de diciembre de 2008, que lo traspasó del artículo 118 al 119. Dicho artículo 2° fue derogado posteriormente por el artículo 251 de la Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 de 4 de octubre de 2012)

(Así corrida su numeración por el inciso a) del artículo 2° de la ley N° 8696 de 17 de diciembre de 2008, que lo traspasó del artículo 119 al 120. Dicho artículo 2° fue derogado posteriormente por el artículo 251 de la Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 de 4 de octubre de 2012)

(Así corrida su numeración por el inciso a) del artículo 2° de la ley N° 8696 de 17 de diciembre de 2008, que lo traspasó del artículo 120 al 121. Dicho artículo 2° fue derogado posteriormente por el artículo 251 de la Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 de 4 de octubre de 2012)

a)Diesel-engine-equipped vehicles must not emit smoke whose opacity exceeds the maximum limits stipulated in subsections a), b), c), and d) of Article 36 of this Law.
b)Those equipped with spark-ignition engines that use gasoline, gasohol, alcohol, or other similar fuels must not emit environmental pollutants that exceed the maximum limits stipulated in subsections a), b), and c) of Article 35 of this Law.
c)The maximum admissible noise levels emitted by vehicle exhaust in static condition shall be as follows:
1)For automobiles, rustic vehicles (vehículos rústicos), taxis, and vehicles whose gross weight (peso bruto) is up to three point five (3.5) metric tons, it is 96 dB (A).
2)For mopeds (bicimotos), motorcycles (motocicletas), minibuses (microbuses), and vehicles whose gross weight (peso bruto) is between three point five (3.5) metric tons and eight (8) metric tons, it is 98 dB (A).
3)For buses (autobuses), small buses (busetas), and vehicles whose gross weight (peso bruto) is greater than eight (8) metric tons, it is 100 dB (A).

ch) The noise levels permitted for audible warning devices of motor vehicles are as follows:

1)For motorized bicycles (motobicicletas) and motorcycles (motocicletas) of any type, the maximum permitted noise level is 105 dB (A).
2)For automobiles, rustic vehicles (vehículos rústicos), light and heavy cargo vehicles, and public transport vehicles, the maximum permitted noise level is 118 dB (A).
3)For emergency vehicles, the maximum permitted noise level must not exceed 120 dB (A).

In all the foregoing measurements, the provisions of the Regulations (Reglamento) of this Law shall apply, with the understanding that intermediate values shall be established according to the basic characteristics of the vehicle.

d)The use of exhaust whistles (roncadores), altered mufflers (muflas alteradas), or mufflers disguised as free-flow exhaust (muflas disfrazadas de escape libre) is prohibited. The technical vehicle inspection (revisión técnica de vehículos) shall include inspection and measurement of the noise from mufflers and engine braking. In the event of exceeding the sonic pollution limits established by this Law, the respective technical inspection certificate shall not be issued.

Vehicles of violators of the foregoing provisions shall be immobilized (inmovilizados) by removing their plates (placas), which shall not be returned until it is verified that the cause for immobilization has disappeared, through an examination of the vehicle carried out by traffic authorities.

(The amendment made by subsection o) of Article 1 of law N° 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012) (Así corrida su numeración por el inciso a) del artículo 2° de la ley N° 8696 de 17 de diciembre de 2008, que lo traspasó del artículo 121 al 122. Dicho artículo 2° fue derogado posteriormente por el artículo 251 de la Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 de 4 de octubre de 2012) (Note: In accordance with Transitorio XIV of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial, N° 9078 of October 4, 2012, the following is established: ".TRANSITORIO XIV.- The Poder Ejecutivo is granted a period of six months, counted from the effective date of this law, to formulate the regulation required by Article 39 of this law, specifically concerning noise limits for motor vehicles. Until the issuance of such regulation, the provisions of Article 122 of Law N.° 7331, Ley de Tránsito por Vías Públicas Terrestres, of April 13, 1993, and its amendments, and its respective regulation shall apply.")

a)To hurry the driver of the preceding vehicle at intersections regulated by traffic lights, fixed signals, or a traffic inspector.
b)To attract the attention of passengers or persons, except in a situation of imminent danger.
c)To announce arrival at a specific place.

ch) At a distance of less than one hundred meters, in front of hospitals, clinics, churches, and educational centers, provided that activities are being carried out at these latter places.

Likewise, abusing other audible signals without justified cause is prohibited.

(Así corrida su numeración por el inciso a) del artículo 2° de la ley N° 8696 de 17 de diciembre de 2008, que lo traspasó del artículo 122 al 123. Dicho artículo 2° fue derogado posteriormente por el artículo 251 de la Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 de 4 de octubre de 2012)

Furthermore, putting vehicles into circulation on roads not authorized by the Dirección General de Ingeniería de Tránsito is prohibited.

(Así corrida su numeración por el inciso a) del artículo 2° de la ley N° 8696 de 17 de diciembre de 2008, que lo traspasó del artículo 123 al 124. Dicho artículo 2° fue derogado posteriormente por el artículo 251 de la Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 de 4 de octubre de 2012)

The authority that detects such an act shall have the excess passengers disembark from the vehicle, but, in the case of paid transport, the fare shall be returned to them at that same moment. Likewise, carrying minors standing up in vehicles exclusively for student transport is prohibited, except for university students, in the modalities of minibus (microbús), small bus (buseta), and bus (autobús).

(Así reformado por el artículo 1 de la ley N° 8167 de 27 de noviembre del 2001) (Así corrida su numeración por el inciso a) del artículo 2° de la ley N° 8696 de 17 de diciembre de 2008, que lo traspasó del artículo 124 al 125. Dicho artículo 2° fue derogado posteriormente por el artículo 251 de la Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 de 4 de octubre de 2012)

Likewise, occupying urban and suburban public roads for the following is prohibited:

a)The construction of stands or booths for popular, patronal, or other types of festivities.
b)Use as a permanent place for repairing vehicles or other tasks that obstruct free transit.
c)The construction of public and private works on the surface of a right-of-way (derecho de vía) that does not meet the minimum safety conditions established in this Law and its Regulations (Reglamento). Prevention devices indicating the presence of work on the road must operate at all hours of the day and during any weather condition.

ch) Carrying out activities for which the road was not designed.

Nevertheless, the Consejo de Seguridad Vial, through the Dirección General de Ingeniería de Tránsito and upon prior completion of the relevant studies, is empowered to close roads whose closure is determined to be convenient for public interests.

Temporary road closure permits shall not be granted on the country's primary highways, except for their repair or construction and in situations of alert, security, or national emergency, as well as in situations that, due to their national or international magnitude, warrant it in the judgment of the Dirección General de Ingeniería de Tránsito, and provided that no commercial interest is involved.

Once the temporary permit for the road closure is granted, the Dirección General de Ingeniería de Tránsito shall send, in advance, to the Dirección General de la Policía de Tránsito, the design of the new traffic regulation for the affected area, so that it may proceed to take the corresponding measures.

The Policía de Tránsito must suspend the performance of works on the public road when these are carried out without meeting the minimum prevention and safety conditions referred to in this Article. No public institution, private company, or individual may continue the works until compliance is achieved with the provisions of this Law and its Regulations (Reglamento).

(Así corrida su numeración por el inciso a) del artículo 2° de la ley N° 8696 de 17 de diciembre de 2008, que lo traspasó del artículo 125 al 126. Dicho artículo 2° fue derogado posteriormente por el artículo 251 de la Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 de 4 de octubre de 2012)

In the event of breakdowns, drivers must take the appropriate measures to have the vehicle removed in the shortest time possible, which may not exceed forty-eight hours, provided that it is off the roadway (calzada) and complies with the requirements established in this Law and its Regulations (Reglamento).

Vehicle repairs may not be carried out on public roads. Violation of the provisions of this Article gives rise to the application of the provisions of subsection g) of Article 141 of this Law.

(Así reformado el párrafo anterior por el artículo 1°, punto 16) de la ley N° 8779 del 17 de setiembre de 2009) (Así corrida su numeración por el inciso a) del artículo 2° de la ley N° 8696 de 17 de diciembre de 2008, que lo traspasó del artículo 126 al 127. Dicho artículo 2° fue derogado posteriormente por el artículo 251 de la Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 de 4 de octubre de 2012)

a)When the Dirección General de Ingeniería de Tránsito authorizes it, due to a communication need and because no alternative route exists in an acceptable driving condition.
b)To launch or retrieve vessels from the sea.
c)In cases of emergency or when action is required to protect human lives.

ch) In the case of vehicles entering the beach to load products from fishing or to carry out other work activities.

(Así corrida su numeración por el inciso a) del artículo 2° de la ley N° 8696 de 17 de diciembre de 2008, que lo traspasó del artículo 127 al 128. Dicho artículo 2° fue derogado posteriormente por el artículo 251 de la Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 de 4 de octubre de 2012)

PENALTIES

Fines

The aggravation of the penalty shall only be applied when the more serious outcome is related to the culpable conduct of the active subject, and provided that more serious outcome, by itself, does not constitute another punishable conduct.

(Así corrida su numeración por el inciso a) del artículo 2° de la ley N° 8696 de 17 de diciembre de 2008, que lo traspasó del artículo 128 al 129. Dicho artículo 2° fue derogado posteriormente por el artículo 251 de la Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 de 4 de octubre de 2012)

a)A person who drives recklessly, in accordance with the conduct typified in Article 107 of this Law.
b)A person who drives without having obtained a driver's license (licencia de conducir) or a temporary learner's permit (permiso temporal de aprendizaje), or a learner driver who, carrying the temporary permit, does not have with them one of the persons authorized in accordance with subsection b) of Article 66 of this Law.
c)A driver who engages in providing public transport service, in any of its modalities, without having the respective authorizations, in violation of the provisions of subsection a), numeral 1, or subsection b), numeral 1, both of Article 98, and Article 113 of this Law, the foregoing only as regards not having the respective authorization.

ch) A person who drives with a suspended license due to the grounds indicated in this Law.

d)A driver of any vehicle who contravenes the provisions of the third and fourth paragraphs of Article 80 of this Law, which refer to the use of safety devices for minors.
e)A driver of a motorcycle (motocicleta), motorized bicycle (motobicicleta), moped (bicimoto), tricycle (triciclo), and quadricycle (cuadraciclo), who allows minor passengers not to use the respective safety helmet, in contravention of subsection a) of Article 104 of this Law.
f)A driver of a vehicle transporting hazardous materials who violates the provisions of Article 102 of this Law.

(The amendment made by subsection p) of Article 1 of law N° 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012) (Así corrida su numeración por el inciso a) del artículo 2° de la ley N° 8696 de 17 de diciembre de 2008 , que lo traspasó del artículo 129 al 130. Dicho artículo 2° fue derogado posteriormente por el artículo 251 de la Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 de 4 de octubre de 2012) (NOTA DE SINALEVI: con respecto al salario base para el cálculo de la multa aquí establecida ver OBSERVACIONES a la Ley)

a)(*) A person who drives recklessly, in accordance with the conduct typified in Article 108 of this Law.

(*) (The Sala Constitucional, by resolution N° 3942 of March 21, 2012, annulled the preceding subsection "in relation to the provisions of Article 108 of the same Law." In the same sense, the Sala indicates that: "the amount of the fine that was applied before the establishment of the fine amount annulled here is considered in force," which provides that:

"A fine of twenty thousand colones (colones) shall be imposed. e) On anyone who drives recklessly." *See in this regard subsection e) of Article 129 of version N° 9 of this Law, before the renumbering (corre de numeración) done by Law N° 8696 of December 17, 2008.)

b)(*) A person who disrespects fixed traffic signals, including speed limits, or the indications of a traffic authority, in contravention of Articles 79, 83, and 116 of this Law, provisions that establish the duties to obey verbal or written indications of traffic authorities, and vertical and horizontal signage, including that which comprises speed limits; the prohibition of driving over channelizing islands (islas canalizadoras) or passing in the left lane of a highway marked with a solid center line. Excepted are the cases considered in Article 107 and in subsections ch) and d) of Article 83 of this Law, which shall be resolved in accordance with what those articles determine.

(*) (The Sala Constitucional, by resolutions N° 00129-12 of January 11, 2012, N° 05249-12 of April 25, 2012, N° 06876-12 of May 23, 2012, N° 09203-12, N° 09204-12 both of July 4, 2012, and N° 00091-13 of January 9, 2013, annulled from this subsection the fine amount established in the heading of this article, "in the part that is directed at sanctioning the infraction of fixed traffic signals that establish speed limits"; in the part directed at sanctioning "anyone who disrespects the fixed signal for right turn only"; "for anyone who disrespects traffic signals indicating a bus-only lane"; "anyone who disrespects the fixed signal prohibiting a right turn"; "the driver who parks their vehicle in a prohibited zone," and "for anyone who disrespects the prohibition against driving over a channelizing island." In the same sense, the Sala indicates in said resolutions that: "the amount of the fine that was applied before the establishment of the fine amount annulled here is considered in force," which provides that:

"A fine of five thousand colones (colones) shall be imposed, without prejudice to the imposition of related sanctions:

'g) On anyone who disrespects fixed traffic signals, including speed limits.' *See in this regard subsection g) of Article 131 of version N° 9 of this law, before the amendment made by Law N° 8696 of December 17, 2008.)

c)A driver who makes a 'U' turn in contravention of the provisions of Article 119 of this Law.

ch) (*) A driver who disrespects the stop signal of a red traffic light, except when turning right, as stipulated in subsection a) of Article 90 of this Law.

(Footnote: The Constitutional Chamber (Sala Constitucional), through resolution No. 5250 of April 25, 2012, annulled this subsection. In the same vein, the Chamber indicates: "the amount of the fine applied before the establishment of the fine amount annulled hereby is considered to be in force," which provides that: "A fine of ten thousand colones shall be imposed. a) On the driver who disrespects the red light stop signal of a traffic light, except when turning right." *See in this regard subsection a) of Article 130 of version No. 9 of this Law, before the renumbering done by Law No. 8696 of December 17, 2008.)

d)On the driver of a vehicle who, when turning at an intersection of public roads, fails to yield to pedestrians who are on the roadway, as provided in subsections b) and ch) of Article 90 of this Law.
e)On the driver who violates the provisions of Article 115 of this Law.
f)On the driver of a public transportation service who allows passengers to get on or off in unauthorized places, or who does not use the bays designated for such purpose, in those places where they exist, provided that this causes a delay in vehicle flow or generates risk for those being transported.
g)On anyone who drives a vehicle that is not up to date in the payment of circulation fees (derechos de circulación) or the mandatory vehicle insurance.
h)On the person who performs work on public roads, in violation of the provisions of Article 220 of this Law.
i)On the driver of tow truck-type vehicles who violates the provisions of Article 100 of this Law.
j)On the driver who operates a motor vehicle with license plates that do not correspond to it.
k)(Footnote: The Constitutional Chamber (Sala Constitucional), through resolution No. 6805 of May 27, 2011, declared this subsection unconstitutional "...regarding the fine imposed for not using the seat belt." The Chamber does not indicate whether the previous fine amount is reinstated.) On the driver of any vehicle who, in violation of the provisions of Article 80 of this Law, does not use the seat belt or allows adult passengers not to use it or to use it incorrectly, unless there is some justifiable reason related to health. If the omission involves minors, the provisions of subsection d) of Article 130 of this Law shall apply.
l)On the driver of a bicycle, motorized bicycle (motobicicleta), moped (bicimoto), tricycle (triciclo), quadricycle (cuadraciclo), or motorcycle who violates the provisions regarding the use of a safety helmet, contained in subsection 3), paragraph b) of Article 32, subsection a) of Article 104, and subsection j) of Article 105 of this Law.

(The amendment made by subsection p) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 130 to 131. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Note from SINALEVI: regarding the base salary for the calculation of the fine established herein, see OBSERVATIONS to the Law)

a)On the driver who overtakes on the right side, on two-lane roads with opposite directions of travel, without a force majeure reason to execute the maneuver.
b)On the motorcycle driver who circulates or overtakes in the middle of the roadway, using the signaling space, or who overtakes between rows of stopped or moving vehicles.
c)On anyone who drives in violation of the provisions of Article 85 of this Law.

ch) On the driver who fails to comply with the provisions established in Articles 87, 88, and 89 of this Law, regarding the use of vehicle lights.

d)On the driver of a slow-moving vehicle who violates the provisions of Article 97 of this Law.
e)On the driver who stops in the middle of an intersection and obstructs traffic, in violation of Article 121 of this Law.

*f) On the driver who operates a vehicle without the reflective devices indicated in subsection 5), paragraph a) of Article 32 of this Law.

*g) On anyone who drives a public transportation vehicle, in violation of the provisions of Article 125, subsections 1), paragraphs c) and t), subsection 5), paragraph e), and subsection 6), paragraph a) of Article 32 of this Law. The acting officer shall proceed as established in Article 145 of this Law regarding the immobilization of the vehicle.

*h) On anyone who drives a vehicle that has been altered or modified in its engine, injection or carburetion systems, or emission control systems that reduce environmental pollution, or on anyone who violates the provisions of subsection 1), paragraph u) of Article 32, subsections a), b), and c) of Article 35, subsections a), b), c), and d) of Article 36, and Article 122 of this Law.

i)On the driver who operates a vehicle on the beach, in violation of the provisions of Article 128 of this Law.
j)On the driver who uses a road for purposes other than those for which it is intended, or who uses a vehicle for a purpose other than that for which it is authorized.
k)On the taxi driver who is proven to have committed abuses in charging the regulatory fare. On the driver engaged in providing public transportation service, in any of its modalities, in violation of the provisions of subsection a), numeral 1, or subsection b), numeral 1, both of Article 98, and Article 113 of this Law, regarding the non-compliance with stops and schedules.

(Footnote: The Constitutional Chamber (Sala Constitucional), through resolution No. 3945 of March 21, 2012, corrected by resolution No. 7425 of June 6, 2012, annulled the preceding subsection, in relation to the provisions of Article 98, subsection b), numeral 1) of this law, specifically regarding "the fine imposed on the taxi driver for disrespecting the stopping zones established by the Public Transportation Council (Consejo de Transporte Público)." In the same vein, the Chamber indicates: "the amount of the fine applied before the establishment of the fine amount annulled hereby is considered to be in force," which provides that: "A fine of twenty thousand colones shall be imposed. ch) On the driver engaged in providing public transportation service, in any of its modalities, without having the respective authorizations, in violation of the provisions of subsection a), numeral 1, or subsection b), numeral 1." *See in this regard subsection ch) of Article 129 of version No. 9 of this Law, before the renumbering done by Law No. 8696 of December 17, 2008.)

*l) On anyone who drives a vehicle that, without any justification, does not bear the regulatory license plates.

m)On the driver who fails to comply with the provisions of Article 94 of this Law. Likewise, on the driver who prevents or hinders the overtaking of another vehicle.
n)(Footnote: The preceding subsection annulled by Constitutional Chamber (Sala Constitucional) resolution No. 3948 of March 21, 2012; which indicates: "the amount of the fine applied before the establishment of the fine amount annulled hereby is considered to be in force," which provides that: "A fine of two thousand colones shall be imposed. b) On the driver of a vehicle who, upon starting off, intercepts the path of other vehicles with right-of-way, even if having made the preventive and regulatory signals, but without giving time for the drivers of these vehicles to pass or yield the way." *See in this regard subsection b) of Article 132 of version No. 9 of this Law, before the renumbering done by Law No. 8696 of December 17, 2008.) On the driver of a vehicle who, upon starting off, intercepts the path of other vehicles with right-of-way, even if having made the preventive and regulatory signals, but without giving time for the drivers of these vehicles to pass or yield the way.
ñ)(Footnote: The Constitutional Chamber (Sala Constitucional), through resolution No. 13393 of October 5, 2011, declared the preceding subsection unconstitutional "...regarding the fine imposed for not complying with the vehicle technical inspection requirement." In this regard, the Chamber indicates: "the provision prior to the amendment made by Law No. 8696 of December 17, 2008, regains force," which provides: "A fine of ten thousand colones shall be imposed, without prejudice to the imposition of related sanctions: f) On the owner of a vehicle who disregards the technical inspection order, when required to do so." *See in this regard subsection f) of Article 130 of version No. 9 of this law, before the renumbering done by Law No. 8696 of December 17, 2008.) On anyone who drives a vehicle without having complied with the technical inspection requirement, as provided in Article 21 of this Law.
o)On the driver who transports garbage, debris, raw materials, or waste, as well as any object that endangers road safety and the environment, or alters the use or appearance of public roads and their surroundings, in a vehicle of any nature, and throws them onto the public road or onto the rights-of-way.

*(The Constitutional Chamber (Sala Constitucional), through resolution No. 03741 of March 20, 2013, corrected in turn by resolution No. 04048 of March 27, 2013, dismissed the unconstitutionality action in relation to "subsections f), g) - with the exception of the conduct described in Article 125 of the Law, which is attributable to any driver -, h) and l)" of this article, "provided that the sanctioned driver is also the registered owner of the vehicle.") (The amendment made by subsection p) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 131 to 132. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Note from SINALEVI: regarding the base salary for the calculation of the fine established herein, see OBSERVATIONS to the Law)

a)On anyone who violates right-of-way, in accordance with the provisions of Articles 90, 91, 92, and 93 of this Law.
b)On the driver of a bicycle, motorized bicycle (motobicicleta), moped (bicimoto), tricycle (triciclo), quadricycle (cuadraciclo), or motorcycle who violates the provisions of subsection d) of Article 104 and subsection i) of Article 105 of this Law, regarding the use of a retro-reflective vest.

*c) On the driver of a public transportation vehicle of any modality, who provides the service without meeting any of the conditions established in subsection 1), paragraphs d), f), h), i), l), r), and s), in subsection 4), paragraph a), and in subsection 6), paragraphs b) and f) of Article 32 of this Law. The same sanction shall apply to the driver who violates the provisions contained in Article 31 of this Law.

ch) On the driver whose vehicle carries an excess of passengers, in violation of the provisions of numeral 2, subsection a) of Article 98 and Article 125 of this Law.

*d) On the driver who operates a vehicle without a windshield or with obstructed visibility, or whose side window tinting does not meet the level of visibility from inside to outside and vice versa, in accordance with Article 114 of this Law.

e)On the driver of a cargo vehicle who violates the provisions of Article 101 of this Law.
f)On the driver who operates competition speed vehicles, in violation of the provisions of Article 110 of this Law.

*g) On the driver of a limited-load transportation vehicle (freight taxi, taxi carga), who violates the provisions of Article 99 of this Law.

h)On anyone who parks in violation of the provisions of subsections *(b)), c), ch), *(d)), e), f), g), h), and i) of Article 96 of this Law. The same sanction shall be imposed on the owner or, in their absence, the manager or administrator of the public or private establishment who violates the provisions of subsection i) of Article 96 of this Law.

(Footnote: The Constitutional Chamber (Sala Constitucional), through resolutions No. 3940 of March 21, 2012, and No. 6877 of May 23, 2012, annulled from the preceding subsection the provisions related to subsections b) and d) of Article 96 of this Law. In the same vein, the Chamber indicates in both resolutions: "the amount of the fine applied before the establishment of the fine amount annulled hereby is considered to be in force," which provides that: "A fine of five thousand colones shall be imposed. k) On the owner or driver who parks in violation of the provisions of this Law." *See in this regard subsection k) of Article 131 of version No. 9 of this Law, before the renumbering done by Law No. 8696 of December 17, 2008.)

i)On the driver who incurs the prohibitions contained in Article 123 of this Law.
j)On the driver who alters, does not use, or does not carry the taximeter required for taxi-type vehicles, in violation of subsection 6), paragraph ll) of Article 32 of this Law.
k)On the person who damages, alters, or gives unauthorized use to traffic signals, in violation of the provisions of Article 117 of this Law.
l)On the person who fails to heed the prohibition established in Article 118 of this Law.

In addition to paying the respective fine, the violator must remove any obstacle that hinders the reading of traffic signals, as well as the circulation of vehicles or the visibility of the roads.

ll)On the person who closes a road or gives it the improper uses indicated in Article 126 of this Law; the provisions of subsection j) of Article 132 of this Law are excepted from the application of this article.

*(The Constitutional Chamber (Sala Constitucional), through resolution No. 03741 of March 20, 2013, corrected in turn by resolution No. 04048 of March 27, 2013, dismissed the unconstitutionality action in relation to subsections c), d), and g) of this article, "provided that the sanctioned driver is also the registered owner of the vehicle.") (The amendment made by subsection p) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 132 to 133. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Note from SINALEVI: regarding the base salary for the calculation of the fine established herein, see OBSERVATIONS to the Law)

a)On the driver who fails to comply with the provisions established in Article 86 of this Law, regarding the distance to be maintained from the vehicle ahead.
b)On the driver who circulates in reverse without complying with the provisions of Article 95 of this Law.
c)(Footnote: The Constitutional Chamber (Sala Constitucional), through resolutions No. 3947, No. 3950, and No. 3952, all of March 21, 2012; No. 2811 and No. 2813, both of March 1, 2013; and No. 10010 of July 24, 2013, annulled the preceding subsection in relation to the provisions of Article 32, subsection 1), paragraphs m), l), h), n), and subsection 2), paragraph c) of the same Law, insofar as they establish a sanction for "the driver who does not carry the retro-reflective vest," "for the driver who does not carry a fire extinguisher in perfect working order," for "the driver who operates a motor vehicle that does not carry red light projection devices on the rear," "for the driver who operates a motor vehicle with any degree of tinting on the windshield, contrary to the challenged regulation," "for the driver who does not carry safety triangles or another analogous safety device," and "for the driver who does not carry the necessary implements to change tires, a set of battery cables, a basic tool set, as well as an elementary or basic first aid kit." In the same vein, the Chamber indicates in these resolutions: "the amount of the fine applied before the establishment of the fine amount annulled hereby is considered to be in force," which provides that: "A fine of two thousand colones shall be imposed. g) On the owner or driver of a vehicle who does not comply with any of the provisions of this Law." *See in this regard subsection g) of Article 132 of version No. 9 of this Law, before the renumbering done by Law No. 8696 of December 17, 2008.) On the driver of an automobile who fails to comply with any of the applicable general and special provisions established in Article 32 of this Law, provided that such non-compliance has not been sanctioned in another provision of this Law.

*ch) On the driver of a public transportation vehicle, of any modality, who provides service without meeting any of the conditions established in Article 109 and in subsection 1), paragraphs a), b), g), j), k), n), p), and q), as well as in subsection 6), paragraphs d) and i) of Article 32 of this Law.

d)On anyone who drives a vehicle with an expired driver's license, as established in Article 71 of this Law.

*e) On anyone who operates a vehicle that has undergone modifications to its registered basic characteristics, without having previously reported them, in accordance with the provisions of Article 13 of this Law.

f)On anyone who, with a foreign license, circulates for more than three (3) months without obtaining the national license, in violation of Article 75 of this Law.
g)On anyone who drives a vehicle that circulates without the regulatory license plates properly placed in the locations designated for this purpose.
h)On the driver, the passenger of a vehicle, or the pedestrian who, when moving through the places referred to in Article 1 of this Law, culpably causes damage to property, provided that, due to the matter in question or its seriousness, other legislation is not applicable.

*(The Constitutional Chamber (Sala Constitucional), through resolution No. 03741 of March 20, 2013, corrected in turn by resolution No. 04048 of March 27, 2013, dismissed the unconstitutionality action in relation to subsections ch) and e) of this article, "provided that the sanctioned driver is also the registered owner of the vehicle.") (The amendment made by subsection p) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y la Ley de Tránsito por Vías Públicas Terrestres y la Ley)

a)On anyone who drives a vehicle without carrying the respective driver's license, when they are registered as a driver for the type and class in question.
b)On anyone who operates a motor vehicle without carrying the documents referred to in Article 4 of this Law, as well as on anyone who disobeys the prohibition of Article 111 of this Law. Failure to comply with subsection c) of Article 4 of this Law is excepted from the application of this provision.
c)On the driver, assistant, or fare collector of public transportation vehicles, who mistreats users by word or deed.

ch) On the pedestrian who walks on or crosses roads in violation of the provisions of Article 106 of this Law.

(The amendment made by subsection p) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 134 to 135. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Note from SINALEVI: regarding the base salary for the calculation of the fine established herein, see OBSERVATIONS to the Law)

a)On the driver who provides public transportation service, in violation of the provisions of Article 98 of this Law, except in the cases of its subsection a), numerals 1) and 2), and its subsection b), numerals 1) and 3).
b)On drivers of vehicles with loudspeakers, who violate the provisions of Article 103 of this Law.

(*)c) On the driver who evades the payment of toll fees at the respective stations or on the driver who does not present proof of payment when requested by the traffic authority on the highway where the toll station is located. The presentation of proof of payment shall be made as long as there is no automatic toll payment control or it is not functioning.

(Footnote) (Note from Sinalevi: According to Transitory Provision XIX of Law No. 8696 of December 17, 2008, "...A period of up to two (2) years is granted for the MOPT, through the National Roadway Council (Consejo Nacional de Vialidad), to implement automatic payment control at tolls, in such a way as to enable the fluid circulation of vehicles. To this end, improvements must be implemented in the technological devices and the inspection stickers adapted to them, enabling automatic payments.") ch) On anyone who uses sirens or rotating flashing lights without complying with the provisions of Article 33 of this Law.

d)On the driver who operates a vehicle failing to fulfill the obligation indicated in subsection 6), paragraph k of Article 32 of this Law.
e)On the cyclist who violates the provisions of Article 105 of this Law, with the exception of what is indicated in subsection e) of Article 131 of said regulation.
f)On the person who carries out any of the conducts provided for in Article 222 of this Law.
g)On the driver who violates the provisions regarding vehicle restriction.
h)On the driver of a public transportation vehicle who transports persons or objects in violation of Article 81 of this Law.

For the fines indicated in Articles 130, 131, 132, 133, 134, 135, and 136 of this Law, the indicated base salary shall govern for the entire year following the entry into force of the Budget Law, even if the salary considered for the setting is modified during that period. In the event that different salaries exist for the same position in the same Budget Law, the one with the highest amount shall be used for the purposes of this Law. The Supreme Court of Justice (Corte Suprema de Justicia) shall publish annually, in the official gazette La Gaceta, the variations that occur in the referenced salary.

(The amendment made by subsection p) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 135 to 136. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Note from SINALEVI: regarding the base salary for the calculation of the fine established herein, see OBSERVATIONS to the Law)

8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial, No. 9078 of October 4, 2012) (Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 136 to 137. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

(Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 137 to 138. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

This document shall be placed at the disposal of the competent judicial authority by sending it within the following business day. The driver may recover it by appearing before said authority.

(Thus added, by Article 2 of Law No. 8413 of April 29, 2004).

(Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 137 bis to the current 138 bis. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus amended by Article 1, point 17) of Law No. 8779 of September 17, 2009)

(The amendment made to the preceding paragraph by subsection j) of Article 2 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) a) Having caused serious injury, the death of one or more persons, or considerable damage to the property of third parties.

b)Not having paid the circulation fees (derechos de circulación) or the mandatory motor vehicle insurance indicated in Article 39 of this Law.

(Thus amended the preceding subsection by Article 1, point 18) of Law No. 8779 of September 17, 2009) c) Driving under the influence of alcoholic beverages or narcotic drugs or driving recklessly, in accordance with the provisions of Article 107 of this Law.

(Thus amended the preceding subsection by Article 1, point 18) of Law No. 8779 of September 17, 2009) ch) Driving without the regulatory license plates, in the place designated for them, or with plates that do not correspond to the vehicle.

d)Driving a vehicle without having obtained the respective driver's license or, failing that, without the temporary learner's permit.

In the case of foreign drivers, this provision shall apply after three months without having obtained the license in Costa Rica.

e)Riding a bicycle on roadways where the permitted speed exceeds eighty kilometers per hour.
f)Parking a vehicle in such a way that it obstructs the traffic of vehicles and pedestrians, if the driver is not present or if he refuses to remove it immediately. In no case shall the parking of vehicles that obstruct the passage of pedestrians on sidewalks be permitted; that is, in front of properties where the setback does not meet the minimum dimensions for width and length, the latter being at least five point five (5.5) meters measured from the building line to the property line of the lot.

(The amendment made to the preceding subsection by subsection q) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) g) Being registered in the Registro de Vehículos Automotores in the name of a non-existent natural or legal person.

h)Driving without the regulatory lights.
i)Throwing onto the road or its surroundings objects that may cause fires or traffic accidents, harm the natural environment, or deliberately deteriorate the urban environment.

(Thus added the preceding subsection by Article 2, subsection j) of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus renumbered this numeral by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 138 to 139. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

Vehicles removed from circulation, as well as confiscated license plates, shall only be returned by the Cosevi, when the following items have been paid:

a)The traffic fines imposed at the time of the removal of the motor vehicle and those that are pending payment, according to the license records and the vehicle owner's records.

(Thus amended this subsection in accordance with the partial annulment ordered by resolution of the Sala Constitucional No. 15909 of November 14, 2012.)

b)The costs for the towing and custody of the vehicle in the impound lot; except when an appeal has been filed and the charges have been dismissed, in which case, immediately, the MOPT and the Cosevi are empowered to contract, in accordance with the provisions of the Ley de contratación administrativa, the services for towing vehicles and for real estate, for the impoundment and custody of detained vehicles.

Prior to the return of the vehicle, its owner or the interested party proving legal standing must pay on behalf of the Cosevi, for each day the vehicle remains in the respective impound lot, a daily rate equal to that set for public parking in the central area of San José, plus the towing cost to be determined per kilometer traveled, plus a fifty percent (50%) surcharge, according to the rates authorized by the Consejo de Transporte Público for tow truck services.

If the collection of the aforementioned amounts produces surpluses, these shall be used for the conditioning, improvements, and acquisition of equipment and real estate destined for the impoundment and custody of detained vehicles.

(The amendment made to the preceding paragraph by subsection r) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 139 to 140. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

Likewise, it is the obligation of the vehicle owners to return the license plates within ten (10) business days following this declaration. The retention of the license plates shall be grounds for not issuing any driver's license until said obligation is fulfilled.

The traffic officer who becomes aware of the situation must remove the license plates, which he shall forward to the Unidad de Placas of the Consejo de Seguridad Vial within a maximum period of three (3) business days.

(Thus added by Article 2, subsection k) of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

a)When the driver engages in any of the conducts typified in Articles 117, 128, and 254 bis of the Código Penal or in reckless driving, as established in subsections a) and b) of Article 107 of this Law.
b)When vehicles are driven on public roads without being registered in the Registro Nacional, except for the exceptions established by this Law or by any regulation that authorizes it.
c)When the corresponding circulation fees or the mandatory insurance for motor vehicles (seguro obligatorio de vehículos automotores) have not been paid, in contravention of the provisions of Articles 41 and 43 of this Law.
d)When vehicles are driven by someone whose license is expired or suspended, of any type, or by someone who has not obtained their driver's license. For such purposes, the provisions of Article 138 of this Law must be considered. However, officers may release the vehicle to a person who holds a valid license for the type and class of the vehicle in question, and they shall record this in the respective citation form (boleta de citación) drawn up for that purpose.
e)When vehicles obstruct public roads, the traffic of vehicles and persons, sidewalks, or remain parked in front of public service stops, ramps for persons with disabilities, fire hydrants, emergency exits or entrances, entrances to garages and public and private parking lots, or occupy spaces designated for persons with disabilities, without having the respective identification. Without prejudice to the provisions of Article 145 of this Law, the removal from circulation of vehicles in the foregoing circumstances shall proceed only if the driver is not present or when he refuses to move it.
f)When the driver is physically incapacitated to drive or when any other reasonable circumstance exists that prevents the driver from taking it to the place of detention.
g)When the mechanical conditions of the vehicle prevent it from circulating, unless the driver or its owner immediately contracts private towing services.
h)When the driver engages in the conduct sanctioned by subsection i) of Article 131 of this Law.
i)When the driver engages in the conduct sanctioned in subsection f) of Article 130, for violation of the provisions of Article 102 of this Law.
j)When the driver engages in the conduct sanctioned in subsection e) of Article 133 of this Law, for violation of the provisions of Article 101 of this Law.

(Thus amended the preceding subsection by Article 1, point 19) of Law No. 8779 of September 17, 2009) (The amendment made by subsection r) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 140 to 141. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

The right to claim damages suffered by the vehicle, from its towing to its entry and stay at the Dirección General de la Policía de Tránsito, expires one month after its return. Within that same period, the right to claim its value expires in the event that the vehicle cannot be returned; this term begins to run from the moment its owner becomes aware of that circumstance.

(Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 141 to 142. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

These authorities shall be responsible for the damages caused to the vehicles while they are in their possession.

(Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 142 to 143. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

a)The judicial or administrative authority shall order the publication of an edict in the official newspaper La Gaceta, granting fifteen (15) business days for interested parties to assert their rights.
b)If no interested party appears, the judicial or administrative authority shall proceed to donate the vehicle or scrap to a duly registered social welfare organization, to public schools or high schools, or to the Instituto Nacional de Aprendizaje (INA). For this purpose, the administrative authority shall apply the procedure established for decommissioning State property, as regulated by the Ley de administración financiera y presupuestos públicos and complementary regulations, and the judicial authority shall apply the provisions established in the Ley de bienes caídos en comiso and its amendments, No. 6106, of November 7, 1977, and its amendments, and the Reglamento de la Ley de distribución de bienes confiscados y caídos en comiso, Decreto Ejecutivo No. 26132-H, of June 8, 1997.

Any donated vehicle or vehicle scrap may not circulate on public land roads of the national territory; therefore, the delivery shall be for benefit in terms of the value of the materials that comprise it or for educational purposes, as appropriate, an aspect to which the receiving organization or institution, as well as the beneficiary, must commit. The donating authorities are empowered to order the detention of vehicles circulating in violation of this provision and to revoke the donation, and also to consider the non-compliant beneficiary as undeserving of future donations. The authority shall send the resolution to the Registro Nacional, seeking the best possible individualization of the asset; in it, it shall order the cancellation of the registration entry and leave a record of the actions taken. The deposit of the metal license plates, when applicable, shall be carried out together with the resolution for deregistration of the vehicle and must be sent by the acting authority to the office in charge of the Registro Nacional de la Propiedad Mueble.

The traffic fines for violations pending against the vehicle or vehicle scrap shall be automatically canceled at the moment of notification to the Registro of the act of confiscation of the same, and the procedures shall be carried out as if no entry existed. Likewise, all entries pending against said asset shall be canceled. In this case, the amounts that would correspond in accordance with the application of Article 140 of this Law shall not be charged.

(The amendment made by subsection s) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 143 to 144. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Note by Sinalevi: According to Transitory VIII of Law No. 8696 of December 17, 2008, ".Autorízase al Cosevi para que realice todas las publicaciones necesarias, en el diario oficial La Gaceta y al menos en un diario de circulación nacional, del inventario de todos los vehículos y la chatarra de vehículos que se ubiquen en los depósitos de la Dirección General de la Policía de Tránsito y, de resultar posible, del motivo de la retención, a fin de que todos los interesados legítimos en el bien, puedan hacer valer sus derechos. En caso de no comparecer ningún interesado dentro del plazo máximo de quince (15) días hábiles, se procederá, sin mayor trámite, a entregarlos por lotes a organizaciones de bienestar social, o de personas con discapacidad, debidamente inscritas. Para tales efectos, se aplicarán los trámites que establece el artículo 144, reformado por el inciso s) del artículo 1 de la presente Ley, en relación con la desinscripción registral. Los bienes entregados a dichas organizaciones estarán afectados por las prohibiciones de circulación y las sanciones que establece dicho artículo.")

a)Disregarding, by vehicles transporting hazardous materials, the provisions of Article 102 of this Law.

(Thus amended the preceding subsection by Article 1, point 20) of Law No. 8779 of September 17, 2009) b) Circulating on public roads with a vehicle built or adapted for speed competitions.

c)Producing noise or emissions of gases, smoke, or polluting particles that exceed the limits established in Article 19, subsections a), b), and c) of Article 35, and subsections a), b), c), and d) of Article 36 of this Law.

(Thus amended the preceding subsection by Article 1, point 20) of Law No. 8779 of September 17, 2009) d) Providing public transport service in any of its modalities, without the respective authorizations, violating numeral 1 of subsection a), or numeral 1) of subsection b), both of Article 98, and Article 113 of this law. To apply the sanction regulated by this numeral and the adjudication, judicial authorities shall fully apply the evidentiary regime of presumptions and clear and concordant indications, as defined by both civil and criminal procedural legislation, as well as the rules of logic, convenience, opportunity, reasonableness, and sound judgment. Habitualness in the provision of unauthorized service or external and internal signs placed on vehicles to attract the attention of the user, in order to induce them to use a vehicle that looks like an authorized taxi, shall be taken as presumptions and indications.

(Thus amended the preceding subsection by Article 3 of Law No. 8955 of June 16, 2011) (Thus added the preceding subsection by Article 62, subsection e) of Law No. 7969 of December 22, 1999) (Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 144 to 145. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

(Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 145 to 146. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Note by Sinalevi: According to Transitory III of Law No. 8696 of December 17, 2008, ".. .Durante un plazo de nueve (9) meses, la competencia para las gestiones de devolución de vehículos, placas o licencias, permanecerá en los juzgados que conozcan la materia de tránsito.

Por un lapso máximo de tres (3) meses, un equipo de jueces de tránsito, designados por el Consejo Superior del Poder Judicial, asesorará a los integrantes de la Unida d de Impugnación de Boletas de Citación del Consejo de Seguridad Vial, en el conocimiento y la resolución de las impugnaciones de multa fija, antes de la entrada en operaciones de dicha Unidad.") (Notwithstanding the foregoing, and in accordance with the provisions of Law No. 8779 of September 17, 2009, these provisions shall take effect as of March 1, 2010)

PROCEDURES

In places where there is no traffic court, jurisdiction over said violations shall correspond to the contravention court.

Appeals of first-instance judgments from courts having jurisdiction over traffic collision matters must be resolved by the criminal judge of the preparatory procedure who corresponds by territorial jurisdiction. The decision made by the judge at that instance shall have no further recourse.

The Corte Suprema de Justicia shall determine the territorial jurisdiction of the traffic courts and their location.

(The amendment made by subsection s) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 146 to 147. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

(Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 147 to 148. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

HEARING OF FINES

Violations sanctioned with fines and other related sanctions

This citation form shall state the name of the alleged violator, their identification number, personal details, and home address; likewise, the statement of the articles infringed, the fine amount, and the authority to whose order the removed or immobilized vehicle is placed, as well as where it or its license plates will be deposited, where applicable.

In the event that there are witnesses, all data relating to them shall be recorded, and they shall be obligated to provide the information requested. Should any witness refuse to provide their identification data, the acting officer must report them to the contravention judge, to be tried for the violation established by the Código Penal.

The citation form must contain a printed warning to the violator regarding the legal consequences of waiving the appeal of the citation form, as well as the consequences derived from the non-payment of the fine, within the period established in Article 184 of this Law.

(Thus amended the preceding paragraph by Article 1, point 21) of Law No. 8779 of September 17, 2009) (Thus amended by the sole article of Law No. 8431, of December 10, 2004) (Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 148 to 149. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

However, the impersonal report shall not apply regarding what is indicated in subsections a) and b) of Article 107, the content of which is referred to in subsection a) of Article 130 of this Law.

(Thus amended the preceding paragraph by Article 1, point 22) of Law No. 8779 of September 17, 2009) The traffic authority that issues an impersonal report must be accompanied by at least one other traffic authority, who shall act as an eyewitness. The name, identification number, and signature of the witness must be recorded in the report.

In order to verify conducts that may be subject to impersonal reports, the use of electronic automatic surveillance systems or other similar technology is authorized. In this case, the reports must be supported by a series of photographs that clearly show the site where the violation occurred, including the vehicle in question, a legible close-up of the license plate number and letters, the time, and the date.

All impersonal reports shall state, in printed form, the right of the alleged violator to appear before the corresponding traffic court to assert their rights, within eight business days following notification.

The Dirección General de la Policía de Tránsito must notify the impersonal report, within a period of ten business days after the violation, to the person listed as the owner of the vehicle, at the latest address on record at the Dirección General de Educación Vial.

(Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 149 to 150. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

The violation recording equipment may consist of photographs or other forms of image and sound reproduction, which are constituted as suitable means to prove the offense.

The traffic rules whose compliance is monitored through the use of the aforementioned equipment must be duly signposted by the Dirección de Ingeniería de Tránsito of the MOPT.

The MOPT shall issue a regulation that shall contemplate the technical standards that said equipment must meet to safeguard its reliability and certainty, and shall establish the conditions under which it must be used, as well as who shall be responsible for operating it, so that the images or other evidentiary elements obtained from them may serve as a basis for reporting violations against this Law.

The MOPT shall provide traffic signs that warn drivers, clearly and in a timely manner, of the sectors where said equipment is used and shall adopt measures aimed at ensuring respect for and protection of private life, such as the prohibition that the images allow individualizing the occupants of the vehicle.

The competent body of the MOPT shall notify the registered owners of the vehicles of the violations, by means of an edict that shall be published once a month in the official newspaper La Gaceta, and at least in one nationally circulated newspaper.

Anyone who considers themselves aggrieved shall have all the procedural mechanisms provided for in this Law.

For cases of highways where the recording and detection equipment is installed, the competent judicial authority shall process the complaint based on the aforementioned evidentiary means, after ascertaining that these were obtained by the respective violation recording equipment, subject to the Regulations. For this purpose, it shall request, for its respective verification, a certification that shall be issued by the competent body of the MOPT, which must accompany the complaint.

(Thus added by subsection l) of Article 2 of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (The Sala Constitucional, through resolution No. 11950 of August 29, 2012, established that this article is not unconstitutional, insofar as it is interpreted that "the conduct provided for in Article 131 subsection a) is attributed only to the driver.")

Said entry shall be recorded definitively when the alleged violator has not filed any recourse within the period established by Article 152 of this Law, or when it has been dismissed through the administrative channel.

(The amendment made by subsection t) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 150 to 151. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012)

For this purpose, the traffic officer must mandatorily indicate on the citation form to the alleged violator where they may file their appeal.

The alleged violator must indicate in their appeal the grounds for it, as well as the exculpatory evidence they deem appropriate.

When it involves minors, the challenge may be filed by the minor personally, or by his or her parents or legal representatives.

(The amendment made by subparagraph t) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 151 to 152. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Sinalevi Note: In accordance with Transitory Provision II of Law No. 8696 of December 17, 2008, ".During the nine (9) month period, jurisdiction for hearing, processing, and resolving challenges to fixed-fine infractions shall remain with the Control Unit of the Dirección General de la Policía de Tránsito. Upon expiration of this period, the Unidad de Impugnación de Boletas de Citación of the Consejo de Seguridad Vial shall commence operations.") (Notwithstanding the foregoing, and in accordance with the provisions of Law No. 8779 of September 17, 2009, these provisions shall enter into force as of March 1, 2010) Article sheet

If testimonial or documentary evidence has been offered, a hearing shall be scheduled for its taking. Superabundant or irrelevant evidence must be rejected by reasoned decision, and the interested party shall be notified at the address provided for notifications. The hearing shall be scheduled within a period of ten (10) business days once the case file (expediente) is ready to be resolved; but it may not be held beyond six (6) months from the date of receipt of the appeal. For the conduct of the hearing, the procedures established in the Ley general de la Administración Pública, the Código Procesal Contencioso Administrativo, this Law, and the Código Procesal Penal, as applicable to contravention matters, shall apply.

The decision on the merits of the matter, issued by the Unidad de Impugnación de Boletas de Citación of the Cosevi, shall conclude the administrative proceeding and shall be executed immediately.

(The amendment made by subparagraph t) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 152 to 153. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Sinalevi Note: In accordance with Transitory Provision II of Law No. 8696 of December 17, 2008, ".During the nine (9) month period, jurisdiction for hearing, processing, and resolving challenges to fixed-fine infractions shall remain with the Control Unit of the Dirección General de la Policía de Tránsito. Upon expiration of this period, the Unidad de Impugnación de Boletas de Citación of the Consejo de Seguridad Vial shall commence operations.") (Notwithstanding the foregoing, and in accordance with the provisions of Law No. 8779 of September 17, 2009, these provisions shall enter into force as of March 1, 2010) Article sheet

The entity authorized by law to collect mandatory vehicle insurance shall also be notified of the vehicle's license plate number, as well as the amount of the fine, the citation number, and the articles violated, without prejudice to any collection actions that the Cosevi may undertake.

The fines imposed shall be lifted once they have been paid, in accordance with the provisions of Article 183 of this Law; in the event that a definitive suspension has been ordered, it shall be lifted once the period for which it was established has expired; for these purposes, said period begins to run from the date of the citation.

(The amendment made by subparagraph t) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 153 to 154. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) Article sheet

a)If the removal from circulation of the vehicle or its plates was motivated by non-payment of circulation fees or for riding a bicycle contrary to the provisions of subparagraphs b) and e) of Article 139 of this Law.
b)For providing public transport service, in contravention of the provisions of subparagraph d) of Article 145 of this Law.

The offender may file an appeal (recurso) against that determination, before the Unidad de Impugnación de Boletas de Citación of the Cosevi or at any of the offices opened for this purpose in the regional delegations, stating the reasons for his or her disagreement and offering the relevant evidence, through the procedure defined in this Law.

The return of the vehicle or its plates shall be ordered if the cause that gave rise to the imposition of that measure did not occur or has been remedied; in addition, it shall be verified that the vehicle driver and its owner are up to date in the payment of all traffic fines. In the latter case, the corresponding fine must be paid.

In cases of reckless driving, in accordance with the circumstances set forth in subparagraphs a) and b) of Article 107 of this Law, or for driving without having obtained the required type and class of driver's license, without carrying the temporary learner's permit or without the mandatory accompanying person; for parking a vehicle in a manner that obstructs the flow of vehicles and pedestrians or occupies parking spaces for persons with disabilities, in accordance with the provisions of subparagraphs c), d), and f) of Article 139 and subparagraph a) of Article 141; the person affected by the determination may appear before the Unidad de Impugnación de Boletas de Citación of the Cosevi or at the regional offices existing for this purpose, so that it may order the return of the vehicle to the owner or to the person authorized by the owner through a general or generalísimo power of attorney duly registered in the Public Registry, in accordance with Article 5 of this Law. The foregoing, provided that the alleged offender is not under any of the circumstances that motivated the determination and the imposed fine has been paid. Return shall also proceed if the corresponding citation is challenged in accordance with the procedure defined in this Law.

If the removal of the vehicle from circulation is due to failure to comply with the rules for driving a vehicle transporting hazardous materials; for driving on public roads a vehicle built or adapted for speed competitions; for producing noise or emissions of polluting gases, smoke, or particles exceeding the limits established in subparagraphs a), b), and c) of Article 145 of this Law; and if the offender accepts the facts that gave rise to the issuance of the citation, or pays the fine involved and it is verified that the cause that originated the sanction has ceased, the plates shall be returned by the Unidad de Impugnación de Boletas de Citación or the regional office, which for this purpose shall carry out the corresponding verifications and request the necessary documentation. Likewise, if the respective appeal is filed, the return of the plates shall be immediately ordered by said Unit and the precautionary measure decreed shall be temporarily suspended.

If the removal from circulation is due to the occurrence of serious injuries, the death of one or more persons, or considerable damage to third-party property, in accordance with subparagraph a) of Article 139 of this Law, the matter shall fall under the jurisdiction of the judicial authority, which shall order the steps necessary for the investigation and, if appropriate, shall order the judicial deposit of the vehicle, with the warnings indicated in the preceding subparagraph, for the purposes of the provisions of Article 193 of this Law.

(The amendment made by subparagraph t) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 154 to 155. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Sinalevi Note: In accordance with Transitory Provision II of Law No. 8696 of December 17, 2008, ".During the nine (9) month period, jurisdiction for hearing, processing, and resolving challenges to fixed-fine infractions shall remain with the Control Unit of the Dirección General de la Policía de Tránsito. Upon expiration of this period, the Unidad de Impugnación de Boletas de Citación of the Consejo de Seguridad Vial shall commence operations.") (Notwithstanding the foregoing, and in accordance with the provisions of Law No. 8779 of September 17, 2009, these provisions shall enter into force as of March 1, 2010) Article sheet

Notification of the provisional suspension of the license by means of the citation or the withdrawal of the license shall constitute a precautionary measure (medida de carácter cautelar), until the citation becomes final or the decision is revoked. The alleged offender may challenge the citation, within the time and in the manner defined in this Law, before the Unidad de Impugnación de Boletas de Citación or the regional offices that the Cosevi designates for this purpose. If the challenge (recurso) is granted, the return of the license shall be ordered, provided it has not expired. Otherwise, the infraction and the ancillary sanction shall become final.

The MOPT is authorized to destroy licenses in its custody that have expired.

(Thus added by subparagraph m) of Article 2 of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Sinalevi Note: In accordance with Transitory Provision II of Law No. 8696 of December 17, 2008, ".During the nine (9) month period, jurisdiction for hearing, processing, and resolving challenges to fixed-fine infractions shall remain with the Control Unit of the Dirección General de la Policía de Tránsito. Upon expiration of this period, the Unidad de Impugnación de Boletas de Citación of the Consejo de Seguridad Vial shall commence operations.") (Notwithstanding the foregoing, and in accordance with the provisions of Law No. 8779 of September 17, 2009, these provisions shall enter into force as of March 1, 2010) Article sheet

Infractions when an accident occurs

Any person who is a party, victim, or witness to a traffic accident must report it to the nearest traffic authority, so that the latter may collect the corresponding information.

(Thus amended by the sole article of Law No. 8431, of December 10, 2004.)

(Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 155 to 156. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) Article sheet

If the vehicles cannot be moved from the scene of the accident by their drivers, due to mechanical damage resulting from the traffic accident, or due to the absence of the drivers, the vehicles may be moved as soon as a tow truck arrives; provided that the presence of the competent judicial authority is not required.

In the event that a traffic accident occurs and none of the parties accepts responsibility for the facts under investigation and they require the intervention of the Traffic Police, the inspector shall draw up the official traffic report, with all the information required therein. Said official report shall contain a complete and clear description of everything the document requires. In the case of citations, the signature of the offender shall serve as proof that notification has been made; but if the offender is unable or refuses to sign the citation, the inspector's record of this situation shall be taken as proof of notification.

In addition, the acting officer must prepare a sketch with the location of the vehicles, road signage, skid or braking marks, obstacles on the road, and any other detail related to the accident. If, at the place where the accident occurred, there is a vehicle parked in contravention of the provisions of this Law, and its presence has an impact on the fact under investigation, he shall note it in the sketch. This document must be prepared for every accident, even when the vehicles have been moved from the scene; in which case, reference must be made to this fact.

In cases in which one of the vehicles has left the scene and the traffic officer arrives at the site, the latter must attend to the case and perform all the tasks inherent to the scene, specifying clearly in the citation and in the official report that it is a case handled as a complaint.

The complaining party must appear before the judicial office within a period of ten (10) days to assert their rights. Otherwise, the case file shall be archived, and collection for damages must be pursued in the corresponding civil venue, against the owner of the other vehicle involved, by direct application of the strict liability (responsabilidad objetiva) set forth in Article 7 of this legal body.

If the traffic inspector does not appear at the scene, the party shall have a period of ten (10) business days from the occurrence of the event to file a complaint before the traffic court of the competent jurisdiction and provide all the necessary elements to identify the denounced vehicle. In cases where an investigation is possible, the court shall take the steps it deems pertinent. As a precautionary measure, it may order not only the seizure of the denounced vehicle for purposes of subjecting it to the corresponding expert procedures, but also proceed to record the corresponding lien (gravamen) with the Vehicle Movable Property Registry. If the necessary information is not provided within the legal period, the case file shall be archived, and the party must resort to the civil venue in defense of their interests. If, during the investigation, the complainant expresses a lack of interest in continuing the process, or if the complaint is only for procedures related to insurance matters, the court shall order the case filed.

To carry out their work, the traffic officer may use all technical means at their disposal to fix the accident scene.

Once the required information has been collected, the traffic authority shall order, without further procedure, the removal of the vehicles from the public road and the restoration of free vehicular traffic.

(The amendment made by subparagraph u) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) (Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 156 to 157. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) Article sheet

The inspector must issue them a citation, which must contain the warnings indicated in Article 149 of this Law.

(Thus amended the preceding paragraph by Article 1, point 23) of Law No. 8779 of September 17, 2009) (Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 157 to 158. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) Article sheet

In addition, a copy must be sent to the Consejo de Seguridad Vial, by available means.

(Thus amended by the sole article of Law No. 8431, of December 10, 2004.)

(Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 158 to 159. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) Article sheet

The Registry must notify the court that it has received the recording, as well as the name of the registered owner of the vehicle and their domicile; for this purpose, it may use available electronic means.

(Thus amended by the sole article of Law No. 8431 of December 10, 2004.)

(Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 159 to 160. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) Article sheet

Notification shall be made by any suitable means, and when this proves ineffective, it shall suffice to make it by means of an edict, which shall be published once in the Boletín Judicial and in a newspaper of national circulation. In both cases, the vehicle owner must appear within eight days following the notification or publication.

The publications must necessarily contain the name of the registered owner, their identity card number, the license plate number of the vehicle, and the chassis number. The publication costs shall be charged to the party ordered to pay costs.

(Thus amended by the sole article of Law No. 8431 of December 10, 2004.)

(Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 160 to 161. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) Article sheet

If, for any reason, any of the accused has not been summoned by means of the citation or the respective report, the court shall do so by means of a summons document (cédula de citación), which must be delivered personally or at their place of residence. This summons document shall be accompanied by a copy of the information collected and shall have the effects provided for in Article 174 of this Law, in the event the accused fails to appear.

(Thus amended the preceding paragraph by Article 1, point 24) of Law No. 8779 of September 17, 2009) (Thus amended by the sole article of Law No. 8431 of December 10, 2004.)

(Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 161 to 162. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) Article sheet

Likewise, they shall be advised that they must designate a means or a place to receive notifications, within the corresponding judicial perimeter. Under the warning that, if the designated place or means cannot be located due to being imprecise or inaccurate, if it does not exist, or if there is a refusal to receive notifications, all decisions issued, including the judgment (sentencia), shall be deemed notified within twenty-four hours, and that, in general, the procedure established by the Ley de notificación, citaciones y otras comunicaciones judiciales shall apply.

(Thus amended by the sole article of Law No. 8431 of December 10, 2004.)

(Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 162 to 163. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) Article sheet

(Thus amended by the sole article of Law No. 8431, of December 10, 2004.)

(Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 163 to 164. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) Article sheet

(Thus amended by the sole article of Law No. 8431 of December 10, 2004).

(Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 164 to 165. Said Article 2 was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial No. 9078 of October 4, 2012) Article sheet

In the event of an appeal (apelación) of the citation, the members of the Unidad de Impugnación de Boletas de Citación of the Consejo de Seguridad Vial shall hear the infractions appealed by the minor or their representative and shall apply, for this purpose, the procedures for hearing infractions, in accordance with Articles 152, 153, 162 and following of this Law. In all cases, they must advise the minor of their right to have the assistance of a legal professional; if the minor or their representative waives this right, they shall record this in the process and continue with the development thereof.

When the sanction imposed by the officer is a monetary sum, they may instead impose a different alternative measure on the minor; for this purpose, they shall apply all those existing within the framework of juvenile criminal law, which may be executed under the supervision of the Cosevi and members of the Patronato Nacional de la Infancia (PANI), and may consist of attendance at socio-educational talks on the subject or the performance of community service; this measure may not exceed a total of fifteen (15) hours. In no case may these administrative sanctions exceed a period of one (1) month. No alternative penalty may exceed in time the statute of limitations (prescripción) in juvenile criminal matters.

In the event of being in the presence of an infraction under subparagraph a) of Article 107 of this Law, mandatory participation in IAFA courses intended for minors may be imposed as an alternative measure.

Once an alternative measure has been ordered by the members of the Unidad de Impugnación de Boletas de Citación of the Cosevi for a minor, and if the offender does not agree, they must comply, for this purpose, with the provisions of Article 153 of this Law.

If the fine is paid by the interested party, the record of the infraction giving rise to it shall be eliminated at that moment from the personal file of the minor offender, and the Unidad de Impugnación de Boletas de Citación shall not have jurisdiction to modify the monetary sanction indicated in the corresponding citation.

In every challenge process (proceso de impugnación), the PANI shall be considered a party in both the administrative and judicial venues, to ensure respect for the rights of minor offenders.

(As added by subsection n) of Article 2 of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

This may be done by means of a substantiated written submission, or by means of a statement before the judge, provided that it does not affect the interests of third parties, nor involve the participation of State vehicles.

If the settlement being proposed involves the application of insurance policies, the insurance entity must expressly authorize it. Once the conditions of the settlement, if any, are fulfilled, the judge shall proceed to refer the case file for the issuance of a dismissal judgment (sentencia de sobreseimiento) and, in the same act, shall order the lifting of any encumbrances (gravámenes), if they exist. If the parties appear to make a statement and provide a means or place for receiving notifications, but do not offer evidence, the court shall set a time and date for the conciliation hearing; if this is unsuccessful, judgment shall be rendered, in accordance with the provisions of Article 174 of this Law.

(The preceding paragraph as amended by Article 1, point 25) of Law No. 8779 of September 17, 2009) When, in a collision proceeding, there exists an infraction that entails the application of a measure of disqualification (inhabilitación) or suspension of a license, conciliation between the procedural parties is admissible only with respect to matters of a pecuniary nature, without prejudice to what the adjudicator determines regarding the suspension or disqualification of the license.

At the time of appearance, the accused may accept or reject the charges, as well as refrain from making a statement; likewise, at said act the accused may offer exculpatory evidence, which shall also be admitted if offered within five days following the appearance, without prejudice to any evidence for better deciding (prueba para mejor resolver) that the court agrees to receive.

(As amended by the sole article of Law No. 8431 of December 10, 2004).

(Its numbering thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 165 to 166. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

If conciliation fails, the evidence offered by the accused shall be taken forthwith. Evidence deemed necessary for the clarification of the facts may also be taken. In the resolution summoning the parties to the hearing, the court may reject, by reasoned decision, evidence it considers superfluous (superabundante). This resolution may only be challenged by a motion to revoke (recurso de revocatoria), which must be filed within the three following days.

(As amended by the sole article of Law No. 8431 of December 10, 2004).

(Its numbering thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 166 to 167. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

However, the parties may request the judicial authority to summon them by ordinary means.

(Its numbering thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 167 to 168. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

If the person refuses to undergo said expert examination, the court shall dispense with that evidence.

(As amended by the sole article of Law No. 8431 of December 10, 2004).

(Its numbering thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 168 to 169. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(As amended by the sole article of Law No. 8431 of December 10, 2004).

(Its numbering thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 169 to 170. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(As amended by the sole article of Law No. 8431 of December 10, 2004).

(Its numbering thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 170 to 171. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

Likewise, the accused must be advised of the right to refrain from making a statement.

(Its numbering thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 171 to 172. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

Immediately, it shall declare the hearing concluded, set the time for the integral reading of the judgment within the following twenty-four hours, and retire to deliberate, unless it orders evidence for better deciding (prueba para mejor resolver), which must be taken within eight days following the holding of the debate.

(As amended by the sole article of Law No. 8431 of December 10, 2004).

(Its numbering thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 172 to 173. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(As amended by the sole article of Law No. 8431 of December 10, 2004) (Its numbering thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 173 to 174. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

Ex officio, the order shall contain a ruling on:

a)The liability of the accused and their acquittal or conviction. In the latter case, the penalty or penalties deemed applicable shall be fixed.
b)Whether or not the suspension of the driver's license is ordered, as well as the indication of the type and period for which the sanction shall be applied, in accordance with the provisions of this Law.
c)Whether or not the accused is disqualified (inhabilitado) from driving motor vehicles and the term of the sanction.
d)The amount of the fine for the infractions against the provisions of this Law that are proven in the proceeding and the additional charges in favor of other institutions and organizations.
e)The return or continued custody of the vehicles or their license plates.
f)The encumbrances (gravámenes) decreed on the vehicles or on the driver's licenses and their lifting.
g)The abstract award (condenatoria en abstracto) for the damages caused to the road infrastructure, which shall be collected through the corresponding judicial channel.
h)The abstract award (condenatoria en abstracto) for the damages caused to persons, public property, or private property.
i)The abstract award (condenatoria en abstracto) of personal and procedural costs.

In the cases of subsections h) and i) of this article, enforcement of the judgment shall be pursued in the civil courts.

(As amended by the sole article of Law No. 8431 of December 10, 2004).

(Its numbering thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 174 to 175. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

The appeal shall be filed by means of a duly substantiated written submission or by a documented record before the same judge, who shall summon the parties so that, within a period of three days, they may respond to the appeal and, where appropriate, offer evidence.

If additions are made during the summons period, the case will be transferred to the other parties within the same period so that they may respond to the addition, and without further procedure, the case file shall be sent to the specialized appellate court (juzgado de alzada) for resolution.

(As amended by the sole article of Law No. 8431 of December 10, 2004).

(Its numbering thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 175 to 176. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(As amended by the sole article of Law No. 8431 of December 10, 2004).

(Its numbering thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 176 to 177. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(As amended by the sole article of Law No. 8431 of December 10, 2004).

(Its numbering thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 177 to 178. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(As amended by the sole article of Law No. 8431 of December 10, 2004).

(Its numbering thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 178 to 179. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(As amended by the sole article of Law No. 8431 of December 10, 2004).

(Its numbering thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 179 to 180. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

General Provisions

The penalty of the fine prescribes in two years, counted from the finality (firmeza) of the judgment, except as provided in the following article.

(Its numbering thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 180 to 181. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

It is also suspended if an unconstitutionality appeal is filed. For purposes of calculating the period, in transit matters, the interruption does not result in the reduction of the period by half.

In the case of minors, in addition to the above grounds for interruption and suspension, the grounds provided for in the Law of Juvenile Criminal Justice (Ley de justicia penal juvenil) and the Law on the Execution of Juvenile Criminal Sanctions (Ley de ejecución de las sanciones penales juveniles) shall apply.

(The amendment made by subsection u) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (Its numbering thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 181 to 182. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

PAYMENT OF FINES

Failing that, Cosevi, in its capacity as administrator of the Road Safety Fund (Fondo de Seguridad Vial), is empowered to establish, by regulation, the means of collecting fines; the foregoing is without prejudice to the provisions of this article, as well as Articles 186 and 221 of this Law.

(The preceding paragraph as amended by Article 1, point 26) of Law No. 8779 of September 17, 2009) The public or private entities authorized according to the preceding paragraph shall issue a proof of payment, which shall indicate the citation ticket number, the license plate number, the name and identification document number or driver's license of the offender, in addition to the sanctions attributed, the amount of the fine, and other charges.

In the respective agreement, the form and suitable means by which the transfer of payment receipts, information, and money to the Road Safety Council shall be carried out, for its responsibility, shall be established in detail. In any case, the sending of information and the transfer of money must be carried out within a maximum period of three business days.

Any payment made in a manner different from that established in this article and from those authorized by the Road Safety Council shall be deemed as not made. The public employee who accepts fine payments without being authorized shall incur a serious breach of the employment relationship and shall be dismissed without liability for the State, without prejudice to any applicable criminal sanctions.

(As amended by the sole article of Law No. 8431 of December 10, 2004).

(Its numbering thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 182 to 183. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

If the fine and other charges are not paid within the indicated period, they shall accrue late-payment interest equivalent to three percent (3%) per month on the original amount, up to a maximum of thirty-six percent (36%), which must be warned in the citation ticket.

(As amended by the sole article of Law No. 8431 of December 10, 2004.)

(Its numbering thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 183 to 184. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

Once the corresponding communication is received, without further procedure, the Public Registry or the General Directorate of Road Education shall proceed to process it in accordance with the law. For this purpose, the necessary computer links must be established.

(As amended by the sole article of Law No. 8431 of December 10, 2004.)

(Its numbering thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 184 to 185. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

In such a case, the annotation shall remain in the corresponding registries, as stipulated in Articles 160, 181, 182, 185, and 189 of this Law, without prejudice to other sanctions that may be established if judicial collection is not effective.

(The preceding paragraph as amended by Article 1, point 27) of Law No. 8779 of September 17, 2009) For the indicated purposes, the Road Safety Council, through its financial bodies, shall certify the debt so that the enforcement proceeding may be commenced in the judicial courts, under the terms set forth in the Code of Civil Procedure (Código Procesal Civil).

In addition to the provisions of numeral 6 of Article 439 and Article 630, both of the Code of Civil Procedure, the certifications issued by the Road Safety Council regarding debts for fines for infractions against this Law shall constitute an enforceable title (título ejecutivo) and, in the corresponding judicial proceeding, only the defenses of payment or prescription may be raised.

(As amended by the sole article of Law No. 8431 of December 10, 2004).

(Its numbering thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 185 to 186. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

CIVIL LIABILITY

(Its numbering thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 186 to 187. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

a)The owner of a vehicle who permits it to be driven by a person lacking the respective license or under the influence of liquor or narcotic drugs.
b)Natural or legal persons who, by any title, operate vehicles for commercial or industrial purposes, including public transportation.
c)The owner who permits the license plates of their vehicle to be used by another vehicle to which they have not been assigned, or who fails to deliver them to the General Directorate of Public Transportation (Dirección General de Transporte Público) for custody, if the vehicle to which they were assigned is permanently disabled from circulating.
d)Any natural or legal person who imports, assembles, produces, or markets motor vehicles, in the event that the traffic accident is caused by the omission, in the vehicle or vehicles involved in the transit incident, of the respective safety measures included in Article 32 of this Law.

(The preceding subsection as amended by Article 1, point 28) of Law No. 8779 of September 17, 2009) e) The owner of a vehicle who compels or permits circulation with excess load by light and heavy cargo vehicles, in accordance with the parameters established in the respective regulations.

(The preceding subsection as added by Article 2, subsection ñ) of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (The numbering of the article thus renumbered by subsection a) of numeral 2 of Law No. 8696 of December 17, 2008, which transferred it from 187 to 188. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

Said authority shall order it to be annotated marginally to the entry of the vehicle's registration, if it is registered; if it is not, it shall order the closure of borders or the seizure of the vehicle, which may be handed over in judicial deposit, all for the purpose of securing the results of the proceedings.

The judicial authority shall issue the order for its annotation immediately after receiving the accident report or complaint. The Vehicle Property Registry (Registro de la Propiedad de Vehículos Automotores) shall annotate the encumbrance (gravamen) as soon as it receives the order and shall communicate such to the competent court, which must verify the annotation, for which purpose it shall maintain exact and detailed control. In the communication of annotation, the Registry shall indicate the name and address of whoever appears as the owner of the vehicle.

Non-compliance with these provisions shall be considered a serious breach by the respective officials, who shall be liable for the damages caused by the lack of annotation of the encumbrance, in accordance with the principles established in the Law of Public Administration (Ley de la Administración Pública).

(Its numbering thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 188 to 189. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(As amended by Article 1 of Law No. 7833 of September 29, 1998) (Its numbering thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 189 to 190. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

For this purpose, the interested party must provide to the proceeding the name and details of the person against whom the action is directed, the identification number, as well as the place where they can be notified. If it involves a legal entity, the name of the legal representative, the corporate domicile, and the place for notification must be provided. If all the complete data is not provided or if it is provided outside the stipulated period, the filing shall be deemed not made, and the interested party must assert their rights in the corresponding civil proceeding. Once the filing is received, the office shall proceed to notify the defendant and, for this purpose, shall grant them, from notification, eight (8) days to exercise their defense, without prejudice to their subsequent participation in the hearing. The deciding judge shall rule in the judgment on the admissibility or inadmissibility of the filing.

(The amendment made by subsection u) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (Its numbering thus renumbered by subsection a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 190 to 191. Said Article 2 was subsequently repealed by Article 251 of the Law of Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 191 to 192. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(Thus amended by Article 1, point 29) of Law No. 8779 of September 17, 2009) (Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 192 to 193. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 193 to 194. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

Neither the lien (gravamen) nor the guarantees (garantías) shall be cancelled if the fine has not been paid, except when the statute of limitations period has expired.

Upon receipt of the request expressed in the first paragraph of this article, the criminal authority shall leave, at the order of the respective court, the liens (gravámenes) and other guarantees (garantías) that have been provided, which shall be communicated to the Public Registry of Motor Vehicle Ownership (Registro de la Propiedad de Vehículos Automotores).

(Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 194 to 195. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

GENERAL PROVISIONS

THE TRANSIT AUTHORITIES

Every inspector shall carry, in a visible place, a badge with his or her full name, whose letters shall be no smaller than seven millimeters in size and of a form that can be easily read at a prudent distance. No inspector may act as such if he or she does not carry the identification badge under the cited conditions.

The vehicles used by traffic officers must have the basic technological devices that allow the control and oversight of their actions or omissions in the fulfillment of their duties. Said devices shall be determined by regulation.

(Thus the preceding paragraph was added by subparagraph o) of Article 2 of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (Note by Sinalevi: In accordance with Transitory Provision V of Law No. 8696 of December 17, 2008, ".For compliance with the provisions of the third paragraph added to Article 196 of the Law on transit on public land routes, No. 7331, of April 13, 1993, and its amendments, by means of subparagraph o) of Article 2 of this Law, the MOPT shall have a period of eighteen (18) months from the publication of this Law") Excepted from this provision are motor vehicles in which, due to their constructive nature, the installation and conservation of such devices is not possible.

(Thus the preceding paragraph was added by subparagraph o) of Article 2 of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 195 to 196. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

With respect to the transport of timber in logs or forest products, traffic inspectors (inspectores de tránsito) must ensure compliance with the provisions of the Forestry Law (Ley Forestal) No. 4465 of November 25, 1969, and its amendments.

(Note by Sinalevi: the current Forestry Law is No. 7575 of February 13, 1996) (Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 196 to 197. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

a)Be a Costa Rican over twenty-five years of age.
b)Preferably hold a professional academic degree or, at a minimum, have completed secondary education.
c)Pass the training course taken by regular inspectors.
d)Not have been criminally convicted of any intentional crime.
e)Pass the psychometric examination, conducted before an official of the Road Safety Council (Consejo de Seguridad Vial), specialized in Psychology.
f)Take the constitutional oath.

Members of the ad honorem corps shall not hold military ranks.

(Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 197 to 198. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

The power established herein to exercise acts of authority in said premises is exceptional and solely to protect persons and property; and must be exercised observing the general limits of reasonableness, proportionality, and normalcy.

(Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 198 to 199. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

However, the driver shall have the right to choose the type of test among those that are technically feasible.

In the case of the breath test, it shall be administered by means of alcohol sensors or other devices, duly calibrated by a competent professional in the field. Blood and urine tests may be performed in any health center, public or private, authorized by the Ministry of Health (Ministerio de Salud), and its officials shall be obligated to administer the test and immediately issue the result, providing one copy to the driver and another to the acting officer.

Intervening public officials in traffic accidents who refuse to perform such an examination or to issue the result shall incur a serious fault.

If the result yields a level exceeding the limits set forth in this Law, and constitutes the infraction of reckless driving (conducción temeraria) established in subparagraph a) of Article 107, the procedure shall be in accordance with the provisions of Article 149 and following of this Law.

If the driver refuses to undergo the examination or chooses the breath test and the result yields an excess in the blood alcohol limits provided for by this Law, as an exculpatory technical proof, in his or her favor only the result of a blood test performed by a professional previously authorized by the Ministry of Health (Ministerio de Salud) may be presented, which has been taken within thirty (30) minutes following the time indicated on the respective citation ticket.

In the event of the crimes of negligent homicide, negligent injury, or reckless driving stipulated in Articles 117, 128, and 254 bis of the Penal Code (Código Penal), the procedure shall be in accordance with the rules of the Code of Criminal Procedure (Código Procesal Penal).

(Note by Sinalevi: By resolution of the Constitutional Chamber (Sala Constitucional) No. 10363 of June 26, 2009, it was established that the preceding paragraph is not contrary to the principles of legality, specificity, legal certainty, defense, and innocence. )

(The amendment made by subparagraph u) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 199 to 200. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 200 to 201. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

They shall remit the corresponding report to the Public Prosecutor's Office (Ministerio Público) for its appropriate action.

(Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 201 to 202. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

a)Anyone who causes injury or death to one or more persons.
b)Anyone who gives a gratuity or allows an undue advantage to a public official, in accordance with the provisions of Article 343 of the Penal Code (Código Penal).

A person detained for a cause contemplated in any of the preceding subparagraphs shall be placed at the order of the competent authority, as the case may be, within the peremptory term of twenty-four hours, in accordance with Articles 37 of the Political Constitution (Constitución Política) and 272 of the Code of Criminal Procedure (Código de Procedimientos Penales).

(Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 202 to 203. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(Thus the preceding paragraph was amended by Article 1, point 30) of Law No. 8779 of September 17, 2009) These funds shall be transferred to the Costa Rican Red Cross Association (Asociación Cruz Roja Costarricense), which shall distribute them as described in the preceding paragraph.

(Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 203 to 204. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(Thus the preceding paragraph was amended by Article 1, point 31) of Law No. 8779 of September 17, 2009) To this end, the administration of the corresponding educational center shall submit shortlists to the General Directorate of Traffic (Dirección General de Tránsito). Those selected must carry the respective identification when exercising their functions.

Those so invested are authorized only to issue reports or citation tickets, for the effects of subparagraph a) of Article 131 of this Law. In such cases, the impersonal report is permitted.

(Thus the preceding paragraph was amended by Article 1, point 31) of Law No. 8779 of September 17, 2009) (Thus renumbered by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 204 to 205. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

Said Unit shall have the following functions:

a)Provide legal support and advice to the General Directorate of the Traffic Police (Dirección General de la Policía de Tránsito) and to the units that compose said Directorate.
b)Issue technical-legal opinions regarding police actions, when requested or when circumstances warrant.
c)Provide legal support in routine operations.
d)Issue binding opinions, consultative opinions, resolutions, and any other legal criterion applicable to matters within the competence of the General Directorate of the Traffic Police (Dirección General de la Policía de Tránsito).
e)Grant legal support in judicial proceedings brought against police officials and follow up on the completion of the respective legal process.
f)Provide necessary and required legal training to traffic officers.

Officials of the Legal Support Unit shall have the right to the payment of sixty-five percent (65%) of the base salary, as a prohibition allowance (prohibición). Likewise, they shall have the right to the payment of police risk, availability, professional career, and seniority increments (anualidades), in accordance with the parameters in force for MOPT officials.

(Thus added by subparagraph p) of Article 2 of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (*) CHAPTER II INTERNAL AFFAIRS UNIT OF THE TRAFFIC POLICE (*) (This Chapter was thus added by subparagraph q) of Article 2 of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

The Internal Affairs Unit shall report directly to the office of the Minister. The operation of the Unit shall be supported by the rules and principles contained in the General Law of Internal Control (Ley general de control interno), No. 8292, of July 31, 2002; for this purpose, it shall have the specific functions, structure, and personnel that shall be defined by regulation.

(Thus added by subparagraph q) of Article 2 of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (Note by Sinalevi: In accordance with Transitory Provision XIV of Law No. 8696 of December 17, 2008, ".A period of six (6) months is granted, counted from the effective date of this Law, for Cosevi to comply with the provisions of Article 207, amended in subparagraph u) of Article 1 of this Law.")

a)Carry out specific actions aimed at ensuring that the traffic officer faithfully complies, and with strict adherence to the legal system, with the directives and operational instructions issued by those responsible for the General Directorate of the Traffic Police (Dirección General de la Policía de Tránsito), as well as any other provision issued by the competent bodies of the Ministry.
b)Conduct inspections and operations of any nature, at any time, within the scope of its competencies, for the purpose of verifying the adequate, proportional, rational, effective, and efficient use of resources assigned to traffic officers, as well as the regular fulfillment of their duties.
c)Analyze technical-operational problems and process, with the approval of the Minister, the respective provisions to the pertinent instances of the Ministry.
d)Provide reports and even gather evidence for the competent body, in order to facilitate the investigation and instruction of possible labor irregularities that imply the opening of administrative proceedings.
e)Carry out special investigations within the police force to prevent, detect, and eradicate the occurrence of corruption hotspots, increasing ethics and transparency in the fulfillment of the police function.
f)Directly file the corresponding complaints before jurisdictional bodies when events that are classified as criminal offenses occur.
g)All other powers that tend to improve and strengthen the service provided by the Traffic Police (Policía de Tránsito), as entrusted by the Minister.

(Thus added by subparagraph q) of Article 2 of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (*) CHAPTER III PROSECUTION OF DISCIPLINARY PROCEEDINGS AGAINST TRAFFIC AUTHORITIES (*) (This Chapter was thus added by subparagraph q) of Article 2 of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

7410, of May 26, 1994, and its amendments.

Said prosecution shall be conducted by the Police Inspection Section (Sección de Inspección Policial), dependent on the Legal Advisory Office (Asesoría Jurídica) of the MOPT.

Upon receipt of the complaint, within a maximum period of three (3) business days, the respective notice of charges must be transferred to the officer, and an oral and private hearing shall be scheduled, with a maximum advance notice of eight (8) business days.

The order initiating the proceeding may be appealed within the peremptory period of twenty-four (24) hours.

Once the hearing is concluded, the report must be rendered within a maximum period of three (3) business days, and shall be remitted to the Personnel Board of the Traffic Police (Consejo de Personal de la Policía de Tránsito), for it to issue a decision within a maximum period of five (5) business days, counted from the receipt of the report, imposing the corresponding sanction or declaring acquittal, after analyzing the recommendation contained in the report.

What the Board definitively resolves may be appealed before the Minister within the three (3) business days following notification of the sanction. The Minister's resolution shall exhaust the administrative remedy.

(Thus added by subparagraph q) of Article 2 of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (*) CHAPTER IV EDUCATION FOR ROAD SAFETY (*) (This Chapter was thus added by subparagraph q) of Article 2 of Law No. 8696 of November 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (Note by Sinalevi: In accordance with Transitory Provision IX of Law No. 8696 of December 17, 2008, ".The Ministries of Public Works and Transport (MOPT) and Public Education (Ministerio de Educación Pública) shall have a period of twelve (12) months, counted from the entry into force of this Law, to issue the regulations pertaining to compliance with the provisions of the Road Safety Education chapter and to present the basic study documents on transit and road safety, as well as for the adoption of technological, didactic, and dynamic tools to implement the content of the basic study documents on transit and road safety, at each of the educational levels described therein.") (Note by Sinalevi: In accordance with Transitory Provision XVI of Law No. 8696 of December 17, 2008, ".A period of eighteen (18) months is granted, counted from the effective date of this Law, for INA to comply with the provisions of the chapter on Road Safety Education, added to the Law on transit on public land routes, No. 7331, by means of subparagraph q) of Article 2 of this Law.")

Without prejudice to the foregoing, the following shall be included:

a)In preschool and primary school, a specific course on pedestrian safety and the operation of non-motorized vehicles.
b)In secondary school, a specific course on road emergency response and the driving of motor vehicles, for obtaining the driver's license.

The Higher Council of Education (Consejo Superior de Educación) shall be responsible for ensuring compliance with this rule, in accordance with its powers.

(Thus added by subparagraph q) of Article 2 of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

The campaigns, programs, and courses indicated in the preceding paragraph must include topics related to the use of safety devices for minors.

(Thus added by subparagraph q) Article 2 of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(Thus added by subparagraph q) of Article 2 of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

They shall be established by executive decree and shall include aspects such as awareness regarding victims, implications of alcohol consumption and the use of other drugs in driving, as well as drug control while driving. The courses may be offered by authorized public and private entities, and taught through in-person, distance, or virtual and telematic means.

Tests may be established to validate the knowledge of course graduates.

(Thus added by subparagraph q) of Article 2 of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(As added by subparagraph q) of Article 2 of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (*) CHAPTER V TRAFFIC ACCIDENT STATISTICS SYSTEM AND ROAD SAFETY RESEARCH (*) (This Chapter was added by subparagraph q) of Article 2 of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

Said System shall be responsible for collecting information on the various factors associated with traffic events and conducting research to guide road safety decisions.

(As added by subparagraph q) of Article 2 of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

a)To maintain a permanent, updated, and computerized statistical record of traffic accidents, organized according to the different factors or variables involved therein.
b)To maintain a permanent, updated, and computerized record of drivers and violators of this Law, which shall include drivers disqualified from driving, as well as the updated points score of all drivers.
c)To have an updated record of the vehicle fleet, detailing the types and characteristics of motor vehicles circulating in the country.
d)To establish, in a clear and reliable manner, the locations with the highest incidence of traffic accidents, so that those responsible for enforcing this Law adopt effective actions to prevent such events, and those in charge of the engineering design of roads incorporate the safety element therein.
e)To conduct research in the various fields associated with the traffic system, as well as in accident monitoring, with the aim of guiding the decisions of the different authorities within their spheres of competence.
f)To maintain a record, either own or shared with other institutions or entities of the Public Administration, of areas where constant temporary flooding occurs during the year due to various causes (accumulation of garbage, debris, dams from landslides, rains), which affect the safe transit of vehicles, in order to design appropriate measures for infrastructure conservation and road safety.
g)To disseminate said information to the public and private authorities related to the matter within their competence and also to provide a semi-annual report to the minister of the relevant branch, in order to guide public policy on road safety.

(As added by subparagraph q) of Article 2 of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(As added by subparagraph q) of Article 2 of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (*) CHAPTER VI MISCELLANEOUS PROVISIONS (*) (The numbering of this Chapter was changed by subparagraph q) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from former Chapter II to current Chapter VI. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

Signs and billboards for exclusively advertising purposes may only be placed on private property, when they do not affect visibility, road safety, and the scenic perspective, in accordance with what is established by regulation.

The violation of the provisions of the preceding paragraph shall be sanctioned as follows:

1)A fine of one monthly base salary corresponding to "Administrative Assistant 1," appearing in the list of positions of the Poder Judicial, in accordance with the Law of the ordinary budget of the Republic approved in the month of November prior to the date on which the infraction is committed, without prejudice to related sanctions, shall be imposed on anyone who places signs or billboards for advertising purposes within the right-of-way or on anyone who violates the provisions established, complementarily, by the corresponding technical regulation. If it is a legal entity, the sanction shall be applied to whoever holds its legal representation.
2)A fine of one monthly base salary corresponding to "Administrative Assistant 1," appearing in the list of positions of the Poder Judicial, in accordance with the Law of the ordinary budget of the Republic, approved in the month of November prior to the date on which the infraction is committed, without prejudice to related sanctions, shall be imposed on the owner of a property who facilitates, authorizes, or permits the permanence of structures with advertising that contravene the provisions established in the Traffic Law and its Technical Regulation, regarding visibility, road safety, and scenic perspective.

For the fines indicated in the two preceding paragraphs, the base salary indicated shall govern for the entire year following the entry into force of the Budget Law, even if the salary considered for setting the fine is modified during that period. In the event that there are different salaries for that same position in the Budget Law itself, the highest amount shall be taken for the purposes of this Law. The Corte Suprema de Justicia shall publish annually, in the official gazette La Gaceta, the variations occurring in the referenced salary.

If it is a legal entity, the sanction shall be applied to whoever holds its legal representation.

The competent offices of the MOPT for compliance with the provisions of this article must compile, in each case, an administrative file (expediente administrativo), duly organized and foliated, detailing at least the type of sign or advertising structure that violates this provision, its exact location, its content, the alleged offender, and any other data available from the Public Registry.

When it is a legal entity, the legal capacity, the name of the company, and its corporate identification number, among other data, shall be recorded, and in all cases, the file must contain a detailed report of the facts.

Any advertising placed within the right-of-way shall be seized by the competent offices of the MOPT, and shall only be returned to the offender if they appear for its removal within the thirty (30) calendar days following the notification of the seizure, upon prior payment of the fine imposed. Once the aforementioned period has expired and the offender has not appeared at the Ministry, the Ministry shall dispose of the property for its own use, donation, or disposal and shall record this by drafting the corresponding minutes.

(The amendment made by subparagraph u) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (Its numbering was changed by subparagraphs a) and q) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 205 to 219. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (Note from Sinalevi: In accordance with Transitory Provision XVII of Law No. 8696 of December 17, 2008, "...Advertising structures that, as of the date of promulgation of this Law, have been seized for at least thirty (30) working days for violation of current regulations, without the owner having appeared for their removal, shall become the property of the MOPT, which is authorized for their reuse, donation, or destruction, as appropriate. For the availability of other structures that have been seized for less time, one must wait for the period referred to in this rule to elapse.")

a)Have the authorization of the Dirección General de Ingeniería de Tránsito.
b)Place signs (which must remain in place day and night), such as signs with reflective paint and fixed or intermittent light-emitting devices at adequate distances to prevent accidents, as provided in the Regulations of this Law.
c)Place construction materials within vacant lots or other suitable sites. It is prohibited to place them on public roads.

In case of non-compliance with the provisions of subparagraph b) of this article, the Dirección General de Ingeniería de Tránsito may acquire the respective signs and place them at the expense of the person carrying out the work on the road. The respective collection shall be made by the Ministerio de Obras Públicas y Transportes through executive proceedings.

(Its numbering was changed by subparagraphs a) and q) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 206 to 220. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

Owners of vehicles used for public transport are equally obligated to such payment when it concerns procedures regarding concessions, permits, tax exemptions, proceedings before the Comisión Técnica de Transportes, and others.

(As amended by the sole article of Law No. 8431, of December 10, 2004.)

(Its numbering was changed by subparagraphs a) and q) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 207 to 221. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

a)It is prohibited to throw, on any public road, glass bottles, nails, tacks, wires, metal containers, papers, cigarettes, or any other object that endangers road safety or alters the use or ornamentation of public roads and their surroundings.
b)Garbage, weeds, debris, or other objects on a public road, in front of a dwelling house or building, in urban or semi-urban areas, must be removed by the owner.
c)Owners of properties and buildings have the responsibility to keep the right-of-way of the roads in front of their property clean of weeds, debris, garbage, and other objects.

(Its numbering was changed by subparagraphs a) and q) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 208 to 222. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

a)Pledge liens and those originating from this Law, according to their corresponding rank, in strict chronological order.
b)The lien resulting from damages to persons, in accordance with Articles 187, 188, and 189 of this Law.

(As amended above by Article 1, point 32) of Law No. 8779 of September 17, 2009) c) Liens not included in the preceding subparagraphs, which shall be processed by a sworn broker chosen by the División de Transportes of the Ministerio de Obras Públicas y Transportes, from a shortlist that the respective association must request.

The surplus from the auction proceeds, after fulfilling the payments indicated in this article, shall become part of the Road Safety Fund of the Consejo de Seguridad Vial.

(Its numbering was changed by subparagraphs a) and q) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 209 to 223. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (*) CHAPTER VII FINAL PROVISIONS (*) (The numbering of this Chapter was changed by subparagraph q) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from former Chapter III to current Chapter VII. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

Said fund shall be composed of:

a)Ten percent (10%) of the sums collected by the Consejo de Seguridad Vial from fines.
b)Sums allocated to it in the National Budget.
c)Donations received.
d)Interest earned from the investment of its resources.

These resources shall be deposited in a special account called "Fondo para la jurisdicción de tránsito" (Fund for Traffic Jurisdiction), which shall be administered by the Corte Suprema de Justicia and shall not form part of the percentage established by the Political Constitution for the budget of the Poder Judicial.

The Contraloría General de la República shall oversee the management of this Fund.

(Its numbering was changed by subparagraphs a) and q) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 210 to 224. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(The amendment made by subparagraph v) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (Its numbering was changed by subparagraphs a) and q) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 211 to 225. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

a)(Annulled by ruling of the Constitutional Chamber No. 7728-00 of August 30, 2000).
b)Establishing the fees, rates, or charges to be collected from motor vehicles to permit their entry into restricted sectors within urban areas.
c)Designing the citation ticket and official report forms, and establishing the appropriate systems for their correct use and administration.

(Its numbering was changed by subparagraphs a) and q) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 212 to 226. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(Its numbering was changed by subparagraphs a) and q) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 213 to 227. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

All other drivers are obligated to pay the toll fees.

Foreign vehicles in transit through the national territory shall be given a sticker (marchamo) at the border, and the final toll payment shall be made at the exit border; the foregoing, in the event that there is an automatic toll control system.

(The amendment made by subparagraph w) of Article 1 of Law No. 8696 of December 17, 2008, was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (Its numbering was changed by subparagraphs a) and q) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 214 to 228. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(Its numbering was changed by subparagraph a) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 215 to 229. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

6122 of November 17, 1977, and with those included in the Regulations of this Law.

(Its numbering was changed by subparagraphs a) and q) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 216 to 230. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

6324, the Consejo de Seguridad Vial shall make the following semi-annual transfers:

a)Ten percent (10%) to the Poder Judicial, in order to finance the creation and operation of the traffic courts (alcaldías de tránsito) and the new section of the Organismo de Investigación Judicial created by this Law.
b)Ten percent (10%) to the municipalities throughout the Republic, which shall be distributed taking into account, in equal percentage, their population and their geographic area. These sums shall be allocated exclusively to finance road safety projects, in coordination with the Dirección General de Ingeniería de Tránsito.

(The Procuraduría General de la República, in opinion No. C-168-2014 of May 28, 2014, concluded that "the modality of transferring resources from traffic fines in favor of the municipalities," regulated in this subparagraph "...was tacitly repealed by the provisions of Article 234 subparagraph d) of the Law on Transit on Public Land Routes and Road Safety, No. 9078 of October 4, 2012, since both norms refer to the same source of resources.") c) Fifteen percent (15%) to the Asociación Cruz Roja Costarricense, a sum that shall be distributed equitably among the different auxiliary committees of the country and shall only be used for the purchase and improvement of their fixed or rolling equipment, as well as for the acquisition of fuel for their units.

The entities and associations receiving the aforementioned transfers shall annually submit a budget liquidation report for these funds to the Consejo de Seguridad Vial.

(As amended above by Article 34 of Law No. 8823 of May 5, 2010) (Its numbering was changed by subparagraphs a) and q) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 217 to 231. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

Also exempt from these taxes are the material and equipment necessary for the making of driver's licenses and permits, license plates, and road signage.

(Its numbering was changed by subparagraphs a) and q) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 218 to 232. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(Its numbering was changed by subparagraphs a) and q) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from Article 219 to 233. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

In all technical regulations provided for in this Law, the following principles shall be incorporated: environmental protection, using appropriate technologies; protection of human, animal, and plant health; strategic land planning; solidarity-based fees; citizen participation; inter-institutional coordination; quality and efficiency of road infrastructure works, as well as all principles applicable to the public transport service, where appropriate.

Likewise, education in civic values such as respect, order, cleanliness, urban aesthetics, and scenic beauty shall be promoted, which must guide people's conduct, regardless of the temporary role they may be playing as drivers, pedestrians, neighbors, or developers of road or urban infrastructure projects, within a common society that must be built for everyone's enjoyment.

(As added by subparagraph r) of Article 2 of Law No. 8696 of December 17, 2008. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012) (*) CHAPTER VIII DEFINITIONS (*) (The numbering of this Chapter was changed by subparagraph q) of Article 2 of Law No. 8696 of December 17, 2008, which transferred it from former Chapter IV to Chapter VIII. Said Article 2 was subsequently repealed by Article 251 of the Law on Transit on Public Land Routes and Road Safety No. 9078 of October 4, 2012)

(NOTE from Sinalevi: see below regarding the future repeal of this article) For the interpretation of this Law and its Regulations, the following shall have the character of definitions:

1.- Vehicle abandonment: the act of leaving a vehicle on a public road without being moved for a period of more than twenty-four hours.

2.- Sidewalk (acera): way intended for pedestrian traffic.

3.- Blood alcohol test (alcoholemia): chemical analysis to determine the presence and quantity of alcohol in the blood.

4.- Advertisement (anuncio): sign, writing, print, painting, emblem, drawing, or other informative medium, placed on the ground, rocks, trees, or on any building or natural or artificial structure, the purposes of which are commercial propaganda, to draw attention to a product, article, trademark, commercial activity, business, service, recreation, profession, or home-based occupation, offered, sold, or carried out at a site other than where such advertisement appears.

5.- Bus (autobús): motor vehicle intended for the transport of persons, with a seated passenger capacity greater than forty-four passengers.

6.- Automobile (automóvil): motor vehicle intended for the private transport of persons, with a capacity of up to eight passengers, according to its design.

7.- Expressway (autopista): restricted-access highway with four or more traffic lanes, with or without a central dividing island.

8.- Traffic authority or inspector (autoridad o inspector de tránsito): official appointed in accordance with the law, vested with authority, and subordinate to the Dirección General de la Policía de Tránsito.

9.- Notice (aviso): sign not intended for commercial advertising.

10.- Bicycle (bicicleta): two-wheeled human-powered vehicle, driven by means of pedals.

11.- Citation ticket (boleta de citación): form by which a person is notified of the infraction attributed to them and is summoned to appear before the competent authority.

12.- Small bus (buseta): motor vehicle engaged in the transport of persons, with a seated passenger capacity ranging from twenty-six to forty-four passengers.

13.- Decal (calcomanía): adhesive label of variable size, used for control purposes in traffic regulation or for advertising purposes.

14.- Roadway (calzada): that part of the road used for vehicular traffic, composed of one or several traffic lanes. Does not include the shoulder (espaldón).

15.- Local streets (calles locales): public roads included within the grid of an urban area that are not classified as urban traverses of the national road network.

16.- Unclassified roads (caminos no clasificados): public roads such as bridle paths (caminos de herradura), footpaths (sendas), trails (veredas) and tracks (trillos) that provide access to very few users, who shall bear the costs of maintenance and improvement. The categories of local roads (caminos vecinales) and local streets (calles locales) are not included.

17.- Local roads (caminos vecinales): public roads that provide direct access to farms and other rural economic units, connect hamlets and villages with the national road network and are characterized by low traffic volumes and high proportions of short-distance local trips.

18.- Basic vehicle characteristics: make, commercial style, category, type, serial or chassis number, year of manufacture, body, capacity -number of seats-, gross and net weight, color, engine make and number, type of fuel, cylinder capacity (cilindrada), power and license plate number.

19.- Restricted-access highway (carretera de acceso restringido): a highway on which, by provision of the Ministry of Public Works and Transport (Ministerio de Obras Públicas y Transportes), vehicle and pedestrian access or exit is permitted only at certain intersections with other public roads. Highways on which it is determined that, for capacity or safety reasons, it is advisable to limit vehicle access or exit shall be classified as such.

20.- Primary highways (carreteras primarias): network of trunk routes serving corridors, characterized by relatively high traffic volumes and a high proportion of international, interprovincial or long-distance trips.

21.- Secondary highways (carreteras secundarias): routes that connect important canton capitals not served by primary highways, as well as other population, production or tourism centers that generate a considerable number of interregional or intercantonal trips.

22.- Tertiary highways (carreteras terciarias): routes that collect traffic from primary and secondary highways and constitute the main roads for trips within a region or between important districts.

23.- Traffic lane (carril de circulación): part of the roadway intended for the traffic of vehicles in a single direction, with sufficient width for a single row of vehicles.

24.- C.C.: cubic centimeters (centímetros cúbicos), used to measure the volume of the chambers of the vehicle's cylinders. This concept is also called cylinder capacity (cilindrada).

25.- Cyclist (ciclista): a person who rides a bicycle.

26.- Concession (concesión): an act of the Public Administration by which the organization and operation of a public service is entrusted to a third party on a temporary basis; for this purpose, it grants certain powers and attributions.

27.- Driver (conductor): a person who has mechanical control of a motor vehicle.

28.- Environmental pollutants (contaminantes ambientales): gases, particles or noise produced by a motor vehicle that exceed the permissible levels established in this Law.

29.- Wheel chock (cuña): a piece of metal, wood or any other suitable material used to chock vehicles and thus ensure their immobility.

30.- Horizontal curve (curva horizontal): a circular curve that connects the straight segments of a highway in the horizontal plane.

31.- Vertical curve (curva vertical): a parabolic curve that connects the straight lines representing the profile of the slopes.

32.- Decibel (decibelio or decibel): a unit of measurement for expressing the intensity of a sound, corresponding to one tenth of a bel, which is the unit of sound power.

33.- Right-of-way (derecho de vía): area or surface of land, owned by the State, intended for the use of a public road, with adjacent zones used for all complementary installations and works. This area is bounded on both sides by the boundaries of the adjoining properties.

34.- Circulation rights (derechos de circulación): proof of payment of fees, taxes, mandatory insurance, fines and tax levies for vehicle circulation.

35.- Official traffic control device (dispositivo oficial de control de tránsito): a sign or signal that must be obeyed by those traveling on public roads, in accordance with legal provisions.

36.- Shoulder (espaldón u hombro): an area or surface adjacent to both sides of the roadway, whose purpose is to provide lateral support to the pavement, serve for pedestrian traffic and provide space for traffic emergencies and eventual vehicle parking.

37.- Parking facility (estacionamiento, parqueo, aparcamiento): a place, public or private, intended for the temporary parking of vehicles.

38.- Parking meter (estacionómetro, parquímetro): a device that authorizes, by charging a fee for a defined time, the parking of a vehicle on a public road.

39.- To park (estacionar, aparcar, parquear): to situate a vehicle in a specific place and keep it without moving forward or backward.

40.- Greater Metropolitan Area (Gran Area Metropolitana): the area of the Central Valley of Costa Rica, defined in Decreto Ejecutivo No. 13583-VAH-OFIPLAN of May 3, 1982, published in La Gaceta of May 18, 1982.

41.- Tow truck (grúa): a motor vehicle used to lift other vehicles and carry them from one place to another.

42.- Offender (infractor): a person who violates one or more legal rules.

43.- Immobilization of a vehicle (inmovilización de un vehículo): preventing the free circulation of a vehicle by removing its license plates.

44.- Measuring instruments (instrumentos de medición): equipment specially designed to determine or verify the margin of acceptability and safety of the object to be measured.

45.- Intersection (intersección): a place on a public road where two or more roads converge and where vehicles can turn or maintain their direction of travel.

46.- Driver's license (licencia de conducir): a formal permit granted by the State, which authorizes a person to drive a vehicle for a specific period and whose validity is subject to compliance with the provisions of this Law.

47.- Line (línea): a concession for a public passenger transport service provided on a specific route, in the modalities of microbus, buseta and autobus, authorized by the Technical Transport Commission (Comisión Técnica de Transportes).

48.- Yellow line (línea amarilla): horizontal marking painted in yellow on the pavement, used to separate opposing traffic flows, on left edge lines separated by medians and on some channelizing islands. It may be a broken or continuous line. When marked on the edge of the gutter, on local streets, it indicates the prohibition of parking on that stretch of road. In case of ambiguity in the marking, what the fixed vertical signage indicates shall prevail.

49.- White line (línea blanca): horizontal marking painted in white on the pavement, used to separate traffic flows in the same direction, on edge lines on two-way highways, on right edge lines on highways separated by a median and on some channelizing islands. It may be a broken or continuous line.

50.- Brake lights (luces de freno): those emitted by red light projecting devices when the brake pedal is pressed.

51.- Directional lights (luces direccionales): those emitted by a red or orange light projecting device, located both on the front and rear of the vehicle, intermittently, indicating the direction to be taken.

52.- Fog lights (luces para neblina): those intended to increase roadway illumination in case of fog, heavy rain, dust clouds or other adverse environmental conditions.

53.- High beam (luz alta): that emitted forward by the main headlights of a vehicle, to obtain long-range illumination of the road.

54.- Low beam (luz baja): that emitted forward by the main headlights of a vehicle, to illuminate the road at a short distance, without causing glare or discomfort to other drivers or other road users coming from the opposite direction.

55.- Microbus (microbús): a motor vehicle intended for the transport of persons, whose seated passenger capacity ranges between nine and twenty-five persons.

56.- Motorcycles and motor bicycles (motocicletas y motobicicletas): two-wheeled motor vehicles.

57.- Opacity (opacidad): a state in which a material partially or totally impedes the passage of light rays, thereby causing a lack of visibility for the observer.

58.- Windshield (parabrisas): the front and rear transparent glass of a motor vehicle.

59.- Official report (parte oficial): a document by which the traffic authority or inspector reports on a traffic accident, in accordance with legal provisions.

60.- Passenger (pasajero): any person who, apart from the driver, occupies a place inside a vehicle.

61.- Toll (peaje): an amount charged to the user for traveling with a vehicle on a specific stretch of a public road.

62.- Pedestrian (peatón): any person traveling on foot.

63.- Temporary learner's permit (permiso temporal de aprendizaje): a document issued, on a temporary basis, to learn to drive motor vehicles, subject to compliance with the provisions of this Law.

64.- Gross vehicle weight (peso bruto del vehículo): the total weight of the vehicle, resulting from adding its weight according to factory specifications, plus the weight of the useful load it can transport, according to the same specifications.

65.- Maximum authorized weight (peso máximo autorizado): the maximum weight permitted by the corresponding authority for a vehicle, according to its design, within regulatory limits.

66.- Cantonal road network (red vial cantonal): constituted by local roads (caminos vecinales), local streets (calles locales) and unclassified roads (caminos no clasificados), not included by the Ministry of Public Works and Transport within the national road network. Its administration corresponds to the municipalities.

67.- National road network (red vial nacional): constituted by primary, secondary and tertiary highways. Its constitution and administration correspond to the Ministry of Public Works and Transport. Within urban areas, the traverses of this network shall be selected.

68.- Civil Service Regime (Régimen de Servicio Civil): a legal-labor relationship, governed by a Statute whose purpose is to regulate relations between the Executive Branch and its servants, guarantee the efficiency of the Public Administration and protect its servants.

69.- Special Disciplinary Regulations (reglamento disciplinario especial): a compendium of disciplinary rules, imposed by an administrative entity or body, which establishes the attributions, restrictions and sanctions of that regime.

70.- Trailer (remolque): a vehicle without its own traction, built to be towed by a motor vehicle.

71.- Movement (rodamiento): circulation or displacement of vehicles on public roads.

72.- Sign (rótulo): a poster whose purpose is to draw attention to a product or activity offered or carried out at the same site where the poster is located.

73.- Route (ruta): the journey made by public passenger transport vehicles, only in the modalities of microbus, buseta and autobus, between two points called terminals and authorized by the Technical Transport Commission.

74.- Traffic light (semáforo): a device that, by means of several optical units, alternately assigns the right-of-way to each movement or group of movements converging at an intersection. It can be operated manually or automatically.

75.- Horizontal sign (señal horizontal): a yellow or white paint marking recorded on the road surface to regulate vehicle circulation.

76.- Vertical sign (señal vertical): a traffic device attached to the ground, placed vertically, to inform, regulate or warn users.

77.- Special service (servicio especial): passenger transport service carried out on a temporary basis, only by means of autobuses, busetas and microbuses, with prior authorization from the Technical Transport Commission and which is not carried out on an established line.

78.- Taxi: a motor vehicle intended for the paid transport of persons, whose regime is regulated by Ley No. 5406 of November 26, 1973.

79.- Taximeter (taxímetro): a mechanical, electronic or mixed instrument used in public and paid passenger transport vehicles (taxis) to calculate the price of the service provided, which indicates, in a visible and sealed place, the sum the taxi user must pay, calibrated by a pre-established base fare.

80.- To travel (transitar): the action of carrying out a movement of persons, vehicles and livestock that allows their transfer on a public road.

81.- Limited cargo transport - cargo taxi (transporte de carga limitada - taxi carga): public cargo transport service, carried out by means of authorized cargo vehicles, for which a fare established according to the Law is charged.

82.- Public transport (transporte público): a service comprising the categories of public passenger transport, in the taxi and autobus modalities.

83.- Public tow truck transport, taxi tow truck (transporte público de grúa, taxi grúa): public tow truck transport service, carried out by means of tow truck vehicles, taxis or other authorized vehicles, for which a fare established according to the Law is charged.

84.- Public passenger transport (transporte público de personas): public passenger transfer service, carried out by means of autobuses, busetas, microbuses, taxis or other authorized vehicles, for which a fare established according to the Law is charged.

85.- Bosch Units (Unidades Bosch, UB): a unit of measurement used to determine the degree of smoke opacity, measured with the opacimeter by indirect light extinction.

86.- Hartridge Units (Unidades Hartridge, UH): a unit of measurement used to determine the degree of smoke opacity, measured with the opacimeter by direct light extinction.

87.- Vehicle (vehículo): any means of transport used to transfer persons or carry goods on a public road.

88.- Articulated vehicle (vehículo articulado): a combination vehicle consisting of a motor vehicle and a trailer (non-motorized), joined by an articulation to carry out the towing action.

89.- Motor vehicle (vehículo automotor): a land transport vehicle with self-propulsion on two or more wheels that does not travel on rails.

90.- Light cargo vehicle (vehículo de carga liviana): a motor vehicle designed for the transport of cargo, whose authorized gross weight is up to four thousand kilograms, with special plates identifying it as such.

91.- Cargo or heavy cargo vehicle (vehículo de carga o carga pesada): a motor vehicle designed for the transport of cargo, whose authorized gross weight is more than four thousand kilograms, with special plates identifying it as such.

92.- Special equipment vehicle (vehículo de equipo especial): a motor vehicle intended to perform agricultural, construction and other tasks.

93.- Slow-moving vehicle (vehículo de tránsito lento): one that, at a given place and time, advances at a speed lower than the normal speed of the rest of the traffic flow. When the traffic flow is on ascending slopes, all vehicles traveling at crawl speed shall be considered slow-moving.

94.- Rustic vehicle (vehículo rústico): a motor vehicle built especially for traveling in rural areas, on unclassified roads or roads of difficult access, for which it has front and rear traction and a gross weight of not less than five hundred kilograms.

95.- Vehicles with special characteristics (vehículos de características especiales): those that meet the regulatory requirements, provided that, due to their purpose or construction characteristics, they differ from the common classifications established.

96.- Authorized emergency vehicles (vehículos de emergencia autorizados): vehicles for fighting fires; police vehicles, ambulances and others that meet the corresponding regulatory conditions.

97.- Crawl speed (velocidad de arrastre): the constant speed at which motor vehicles advance on an ascending slope, when they have exhausted the acceleration capacity provided by the engine.

98.- Road (vía): street, road or highway on which vehicles travel.

99.- Exclusive road (vía exclusiva): a road intended only for the traffic of vehicles dedicated to a specific activity.

100.- Public road (vía pública): any road on which there is free circulation.

101.- To turn (virar): to change the direction of the vehicle in its trajectory.

102.- Crosswalk (zona de paso): a demarcated zone on a public road, intended for pedestrian crossing.

103.- Safety zone (zona de seguridad): a crossing zone regulated by traffic lights that alternately allows the passage of pedestrians and vehicles.

(Thus its numbering was run by subsections a), q) and r) of Article 2 of Ley N° 8696 of December 17, 2008, which transferred it from Article 220 to 235. Said Article 2 was subsequently repealed by Article 251 of Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012) (NOTE by Sinalevi: this numeral will be repealed when the respective Reglamento is drafted and enters into force, in accordance with the provision of Article 3 of Ley No. 7721 of December 9, 1997. See the following Transitory provision)

"The repeal of Article 220 of the Ley de Tránsito will take effect and govern as of the issuance of the corresponding Reglamento."

REGULATION OF THE USE OF VEHICLES OF THE COSTA RICAN STATE

GENERAL PROVISIONS

(Thus its numbering was run by subsections a), q) and r) of Article 2 of Ley N° 8696 of December 17, 2008, which transferred it from Article 221 to 236. Said Article 2 was subsequently repealed by Article 251 of Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

(Thus its numbering was run by subsections a), q) and r) of Article 2 of Ley N° 8696 of December 17, 2008, which transferred it from Article 222 to 237. Said Article 2 was subsequently repealed by Article 251 of Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

(Thus its numbering was run by subsections a), q) and r) of Article 2 of Ley N° 8696 of December 17, 2008, which transferred it from Article 223 to 238. Said Article 2 was subsequently repealed by Article 251 of Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

CLASSIFICATION OF VEHICLES

a)Discretionary use (uso discrecional).
b)General administrative use (uso administrativo general).
c)Use by the Public Force (Fuerza Pública) and security services.

(Thus its numbering was run by subsections a), q) and r) of Article 2 of Ley N° 8696 of December 17, 2008, which transferred it from Article 224 to 239. Said Article 2 was subsequently repealed by Article 251 of Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

Vehicles for discretionary use are those assigned to the President of the Republic, the President of the Legislative Assembly, the Vice Presidents of the Republic, the Government Ministers, the Vice Ministers, the Magistrates of the Supreme Court of Justice and of the Supreme Electoral Tribunal, the Comptroller General of the Republic, the Deputy Comptroller General of the Republic, the Ombudsman and the Deputy Ombudsman, the Attorney General of the Republic, the Deputy Attorney General, the executive presidents, managers, sub-managers, auditors and sub-auditors of the autonomous institutions, the President and the Executive Director of the Commission for Risk Prevention and Emergency Response (Comisión de Prevención de Riesgos y Atención de Emergencias). These vehicles have no restrictions regarding fuel, operating hours or travel, characteristics that the official responsible for the unit shall assume under their strict discretion. These vehicles may bear private license plates and have no visible marks distinguishing them as official vehicles.

(The amendment made by subsection x) of Article 1 of Ley N° 8696 of December 17, 2008, was subsequently repealed by Article 251 of Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012) (Thus its numbering was run by subsections a), q) and r) of Article 2 of Ley N° 8696 of December 17, 2008, which transferred it from Article 225 to 240. Said Article 2 was subsequently repealed by Article 251 of Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

These vehicles are those intended for regular transport services, for the normal development of the institutions or ministries and must be subject to special regulations.

(Thus its numbering was run by subsections a), q) and r) of Article 2 of Ley N° 8696 of December 17, 2008, which transferred it from Article 226 to 241. Said Article 2 was subsequently repealed by Article 251 of Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

This includes vehicles used by the Ministries of Public Security, of Governance and Police, of Justice and Grace, of Public Works and Transport and of Finance, as well as any other institution that carries out police or security tasks. For the use of these, there must be special regulation prepared by the Executive Branch.

(Thus its numbering was run by subsections a), q) and r) of Article 2 of Ley N° 8696 of December 17, 2008, which transferred it from Article 227 to 242. Said Article 2 was subsequently repealed by Article 251 of Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

CONTROL ACTIONS

(Thus its numbering was run by subsections a), q) and r) of Article 2 of Ley N° 8696 of December 17, 2008, which transferred it from Article 228 to 243. Said Article 2 was subsequently repealed by Article 251 of Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

(Thus its numbering was run by subsections a), q) and r) of Article 2 of Ley N° 8696 of December 17, 2008, which transferred it from Article 229 to 244. Said Article 2 was subsequently repealed by Article 251 of Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

(Thus its numbering was run by subsections a), q) and r) of Article 2 of Ley N° 8696 of December 17, 2008, which transferred it from Article 230 to 245. Said Article 2 was subsequently repealed by Article 251 of Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

(Thus its numbering was run by subsections a), q) and r) of Article 2 of Ley N° 8696 of December 17, 2008, which transferred it from Article 231 to 246. Said Article 2 was subsequently repealed by Article 251 of Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

(Thus its numbering was run by subsections a), q) and r) of Article 2 of Ley N° 8696 of December 17, 2008, which transferred it from Article 232 to 247. Said Article 2 was subsequently repealed by Article 251 of Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

(Thus its numbering was run by subsections a), q) and r) of Article 2 of Ley N° 8696 of December 17, 2008, which transferred it from Article 233 to 248. Said Article 2 was subsequently repealed by Article 251 of Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

PROHIBITIONS AND SANCTIONS

a)Using general administrative use vehicles for activities other than those normal to the institution or ministry, except in cases of emergency.

(Thus the preceding subsection was amended by Article 1, point 33) of Ley N° 8779 of September 17, 2009) b) Assigning vehicles, whether for discretionary use or general administrative use, to close family members of the officials.

c)Using vehicles in political activities.

ch) Driving under the influence of alcohol or any other drug that diminishes the physical or mental capacity of the driver.

d)Driving at speeds exceeding those established in this Law.
e)Transporting private individuals, except in cases justified for work or emergency reasons.
f)Using the flag as a license plate or special distinctive on vehicles other than those that may bear them by legal provision.

(Thus its numbering was run by subsections a), q) and r) of Article 2 of Ley N° 8696 of December 17, 2008, which transferred it from Article 234 to 249. Said Article 2 was subsequently repealed by Article 251 of Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

(Thus its numbering was run by subsections a), q) and r) of Article 2 of Ley N° 8696 of December 17, 2008, which transferred it from Article 235 to 250. Said Article 2 was subsequently repealed by Article 251 of Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

TRAFFIC ACCIDENTS INVOLVING STATE VEHICLES

(Thus its numbering was run by subsections a), q) and r) of Article 2 of Ley N° 8696 of December 17, 2008, which transferred it from Article 236 to 251. Said Article 2 was subsequently repealed by Article 251 of Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

(Thus its numbering was run by subsections a), q) and r) of Article 2 of Ley N° 8696 of December 17, 2008, which transferred it from Article 237 to 252. Said Article 2 was subsequently repealed by Article 251 of Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

Any person who allows another person to drive an official vehicle without justified cause or without due authorization is equally liable.

The foregoing shall be applied without prejudice to the disciplinary sanctions imposed on the servant.

(Thus renumbered by subsections a), q) and r) of Article 2° of Law N° 8696 of December 17, 2008, which transferred it from Article 238 to 253. Said Article 2° was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

If that recommendation is not shared by the driver, the driver shall have the right to be heard, within the third business day, before the head of the institution to assert his or her rights and present any evidence deemed appropriate.

Once the proceeding is concluded, the corresponding decision shall be taken.

(Thus renumbered by subsections a), q) and r) of Article 2° of Law N° 8696 of December 17, 2008, which transferred it from Article 239 to 254. Said Article 2° was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

IMPLEMENTATION

The implementation and verification of compliance with the foregoing provisions are the responsibility of the corresponding institutional bodies, the Dirección General de la Policía de Tránsito, and other authorities that must ensure that official vehicles comply with what is established.

If the vehicle is driven outside working hours without express authorization, or at hours not stipulated in the permit, the authorities shall, depending on the circumstances, remove the license plates and immediately inform, through the most appropriate administrative channel, the ministry or the agency to which the vehicle belongs, with a complete account of the facts.

At any time when it is observed that the driver or passengers are under the influence of alcohol or display abnormal behavior or refusal to submit to a routine inspection, the authority shall immediately proceed to inspect the vehicle and shall prepare the corresponding report to be transmitted to the ministry or the agency to which they belong. In serious cases, the continuation of the trip shall be prevented.

(Thus amended by Article 34° of Law N° 8823 of May 5, 2010) (Thus renumbered by subsections a), q) and r) of Article 2° of Law N° 8696 of December 17, 2008, which transferred it from Article 240 to 255. Said Article 2° was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

INSTITUTIONAL LOAN OF VEHICLES

Unless an express regulation provides otherwise, the beneficiary assumes responsibility for its operation.

(Thus renumbered by subsections a), q) and r) of Article 2° of Law N° 8696 of December 17, 2008, which transferred it from Article 241 to 256. Said Article 2° was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

(Thus renumbered by subsections a), q) and r) of Article 2° of Law N° 8696 of December 17, 2008, which transferred it from Article 242 to 257. Said Article 2° was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

(SINALEV Note: See the Law's Observations regarding the persistent application of Law No. 5691 to public entities not covered by this article, such as municipalidades, public enterprises, etc.)

(Thus renumbered by subsections a), q) and r) of Article 2° of Law N° 8696 of December 17, 2008, which transferred it from Article 243 to 258. Said Article 2° was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

AMENDMENTS AND REPEALS

"Article 93.- For the adjudication of traffic infractions, there shall be traffic alcaldías and traffic courts, to hear appeals of sentences. In locations where there are no traffic courts, the second instance shall correspond to the respective criminal courts." (Thus renumbered by subsections a), q) and r) of Article 2° of Law N° 8696 of December 17, 2008, which transferred it from Article 244 to 259. Said Article 2° was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

"Article 63.- The Departamento de Investigaciones Criminales shall have a specialized section for the investigation of complaints filed against traffic inspectors and against officials of the Departments of Training and Education, Driver Evaluation, and Technical Inspection of the Ministerio de Obras Públicas y Transportes." (Thus renumbered by subsections a), q) and r) of Article 2° of Law N° 8696 of December 17, 2008, which transferred it from Article 245 to 260. Said Article 2° was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

"Article 5.- The Junta Directiva is the highest body of the Consejo de Seguridad Vial and is composed of the following members:

a)The Ministro de Obras Públicas y Transportes or his or her delegate, who shall preside over it.
b)The Executive President of the Caja Costarricense de Seguro Social or his or her delegate.
c)The Ministro de Educación Pública or his or her delegate.

ch) The Director General of the División de Transportes of the Ministerio de Obras Públicas y Transportes.

d)The Director General of Educación Vial.
e)The Director General of the Policía de Tránsito.
f)The Director General of Transporte Automotor.
g)The Director General of Ingeniería de Tránsito.
h)The Executive President of the Instituto Nacional de Seguros or his or her delegate.
i)The Executive President of the Instituto Nacional de Aprendizaje or his or her delegate." (Thus renumbered by subsections a), q) and r) of Article 2° of Law N° 8696 of December 17, 2008, which transferred it from Article 246 to 261. Said Article 2° was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

6324 of May 24, 1979 and its amendments is modified, which shall read:

"Article 6.- A quorum shall consist of six of its members and decisions shall be adopted by the affirmative vote of an absolute majority." (Thus renumbered by subsections a), q) and r) of Article 2° of Law N° 8696 of December 17, 2008, which transferred it from Article 247 to 262. Said Article 2° was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

6324 of May 24, 1979 and its amendments is modified, which shall read:

..."d) Revenues from fines for traffic infractions, established in the Ley de Tránsito." (Thus renumbered by subsections a), q) and r) of Article 2° of Law N° 8696 of December 17, 2008, which transferred it from Article 248 to 263. Said Article 2° was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

(Thus renumbered by subsections a), q) and r) of Article 2° of Law N° 8696 of December 17, 2008, which transferred it from Article 249 to 264. Said Article 2° was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

6122 of November 17, 1977, Law to guarantee the country greater security and order, is amended as pertinent and its Chapter II is repealed.

(Thus renumbered by subsections a), q) and r) of Article 2° of Law N° 8696 of December 17, 2008, which transferred it from Article 250 to 265. Said Article 2° was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

"Article 339.- Any public official... (the remainder continues unchanged) shall be punished with imprisonment of two to six years and disqualification from holding public offices and employment of ten to fifteen years." (Thus renumbered by subsections a), q) and r) of Article 2° of Law N° 8696 of December 17, 2008, which transferred it from Article 251 to 266. Said Article 2° was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

5930 of September 13, 1976, and any other legal provision on traffic matters and road administration that contradicts it, are repealed.

(Thus renumbered by subsections a), q) and r) of Article 2° of Law N° 8696 of December 17, 2008, which transferred it from Article 252 to 267. Said Article 2° was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

(Thus renumbered by subsections a), q) and r) of Article 2° of Law N° 8696 of December 17, 2008, which transferred it from Article 253 to 268. Said Article 2° was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

(Thus renumbered by subsections a), q) and r) of Article 2° of Law N° 8696 of December 17, 2008, which transferred it from Article 254 to 269. Said Article 2° was subsequently repealed by Article 251 of the Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial N° 9078 of October 4, 2012)

17266-MOPT of October 23, 1986.

All officials who, by virtue of this Law, receive their salary from the Consejo de Seguridad Vial shall continue to be paid from the National Budget, Ministerio de Obras Públicas y Transportes, for up to one year after this Law enters into force.

(SINALEV Note: In accordance with Transitory VII of Law N° 8696 of December 17, 2008, "...the Cosevi is authorized to make such current expenditures and investments as it deems necessary, charged to the Fondo de Seguridad Vial, for a period of twenty-four (24) months, to expedite and implement the new provisions of this Law. This includes the hiring of personnel to act as the person responsible for supervising the execution of the vehicular technical inspection in the country, as well as the provision of all necessary inputs for the periodic establishment of the standards that those responsible for carrying out the vehicular technical inspection in the country must comply with, contained in the manual of requirements or mechanical conditions for vehicular technical inspection, in the components of safety, pollutant emissions and other relevant aspects to authorize the driving of motor vehicles, in order to adapt it to the changing particularities of the matter involved and carry out an efficient inspection, the implementation of road safety projects, the operation of the Unidad de Impugnaciones de Boletas de Citación, as well as the Unidad de Asuntos Internos de la Policía de Tránsito.")

In places where there are two or more alcaldías de faltas y contravenciones, the Court is empowered to convert some of them into alcaldías de tránsito, to reclassify offices and posts, and to make necessary personnel transfers; personnel shall retain their acquired rights.

The bill of sale shall be required to meet the minimum identification and ownership requirements for the vehicle.

Official bodies that perform the test shall do so at cost price.

Date generated: 4/5/2026 18:03:49 Go to beginning of document

Traffic Law on Public Land RoutesLey de Tránsito por Vías Públicas Terrestres

Artículo 2 — The execution of this Law is the responsibility of the Ministry of Public Works and Transport (Ministerio de Obras Públicas y Transportes, MOPT), through its competent bodies.

Artículo 3 — For the purposes of this Law, a traffic accident (accidente de tránsito) is defined as the culpable action committed by the drivers of vehicles, their passengers, or pedestrians, while transiting through the places referred to in Article 1.

Artículo 4 — Only vehicles, whether privately or publicly owned, that meet the following requirements may legally circulate on public roads:

Artículo 5 — Ownership of vehicles is proven by their registration in the Public Registry of Movable Property of Motor Vehicles (Registro Público de la Propiedad Mueble de Vehículos Automotores).

Artículo 6 — The following are titles subject to registration in the Public Registry of Property of Motor Vehicles:

Artículo 8 — Transfers of motor vehicles must be granted in a public deed, which shall state:

Artículo 9 — For the deed of sale of any vehicle, the notary's fees shall be those corresponding to deeds, according to the regulations on that matter in effect on the date the document is signed.

Artículo 10 — Every registration made in the Public Registry of Property of Motor Vehicles shall state:

Artículo 11 — Registration does not validate acts or contracts that are registered but are null or voidable according to Law.

Artículo 12 — The Public Registry of Property of Motor Vehicles of the National Registry is the state institution that safeguards the rights of the owners of registered motor vehicles, as well as the interests of third parties who eventually have rights over those goods.

Artículo 14 — By means of a writ issued by the competent judicial authority, the following may be annotated in the margin of the respective vehicle registration entry in the Public Registry of Property of Motor Vehicles:

Artículo 15 — By means of an administrative resolution of the General Directorate of Public Transport, the following shall be annotated in the margin of the vehicle's registration entry:

Artículo 16 — Chattel mortgages on vehicles shall be registered in the Registry of Pledges and shall be annotated in the margin of the vehicle's registration entry in the Public Registry of Property of Motor Vehicles.

Artículo 17 — The Public Registry of Property of Motor Vehicles shall maintain an index by license plate number and another index by the names of the owners.

Artículo 19 — Only the circulation of vehicles that meet the mechanical, safety, and pollutant emissions conditions, as well as the other requirements determined by this Law and its Regulations, shall be authorized.

Artículo 20 — The MOPT shall issue the Regulation containing the requirements and mechanical conditions for the vehicle technical inspection, following a technical opinion from Cosevi.

Artículo 21 — Vehicles must be presented for inspection when the call for that purpose is published or when, for justified reasons, they are required by the transit authorities.

Artículo 23 — The circulation permit shall be automatically canceled after two (2) years have elapsed without the circulation fees having been paid.

Artículo 25 — License plates must have different identification for each vehicle.

Artículo 26 — Vehicles that have two (2) license plates (placas) are prohibited from circulating with only one.

Artículo 27 — The use of special registration plates (placas de matrícula especial) shall be authorized, in accordance with the respective regulations, only in the following cases:

Artículo 28 — The Registro Público de la Propiedad de Vehículos Automotores shall issue a temporary license plate (placa temporal) for circulation to vehicles, new or used, whose registration application is submitted for the first time, regardless of their storage time.

Artículo 29 — Special circulation permits shall be governed by what is established for this purpose in this Law and the Reglamento de importación temporal de vehículos automotores.

Artículo 30 — The Consejo de Transporte Público may issue special permits for the transportation of workers in agricultural activities, under the exclusive responsibility of the applicant, upon prior compliance with regulatory requirements.

Artículo 31 — Vehicles providing special transportation services must bear a sign, on both the front and the rear, with the legend "especiales" (specials).

Artículo 32 — All vehicles with or without a motor, privately or publicly owned, that are authorized to circulate in accordance with article 1 of this Law, must obligatorily comply with the following requirements concerning active and passive safety devices, as well as all safety measures:

Artículo 32 bis — The driver is responsible for self-monitoring their physical and psychological fitness while driving on public roads.

Artículo 33 — To use rotating light signals, vehicles must have a permit from the competent body of the MOPT.

Artículo 34 — Motor vehicles, in order to be authorized to circulate within the national territory, must comply with the emission limits for gases, smoke, and particulates established in articles 35, 36, and 37 of this Law.

Artículo 35 — The gas emission limits for vehicles equipped with spark-ignition engines that use gasoline, gasohol, alcohol, or other similar fuels for operation, are:

Artículo 36 — The smoke and particulate emission limits for vehicles equipped with engines using diesel as fuel shall be the following:

Artículo 38 bis — The Executive Branch may implement restrictions on vehicular circulation, for reasons of opportunity, convenience, public interest, regional or national, duly substantiated, as established by regulation.

Artículo 39 — A mandatory insurance is established, the regulations for which shall be proposed by the Instituto Nacional de Seguros, for motor vehicles.

Artículo 40 — The provisions of this chapter do not apply to the owners of motor vehicles that operate on rails nor to those that, by their nature, are not intended to circulate on public roads.

Artículo 41 — Vehicle owners must keep the mandatory insurance current by means of paying the premium set by the Instituto Nacional de Seguros (INS), according to the terms of article 44 of this Law.

Artículo 42 — Individuals or legal entities engaged in the sale of motor vehicles, new or used, must subscribe to a global policy that covers the same aspects as the individual policy.

Artículo 43 — The owners of vehicles with foreign registration or their drivers must subscribe to and keep current, while the motor vehicle remains in the country, the mandatory insurance under the terms set by this Law.

Artículo 44 — The INS is empowered to classify vehicles according to the type of risk and establish differential premiums for each of them.

Artículo 45 — The policy referred to in this chapter shall have a validity of one year, starting from the day of its issuance.

Artículo 46 — In case of delinquency in the payment of the premium, the Instituto Nacional de Seguros shall apply a surcharge of three percent monthly (3%) on the original amount, up to a maximum of thirty-six percent (36%).

Artículo 47 — The National Registry and the MOPT shall not process registration or transfer applications, nor shall they issue the circulation card or extend any type of special permit, without the vehicle owner demonstrating having subscribed to the policy under the terms set by this chapter.

Artículo 48 — The Instituto Nacional de Seguros and the Dirección General de la Policía de Tránsito shall coordinate actions for the immobilization of vehicles when the mandatory insurance has not been paid.

Artículo 49 — The mandatory vehicle insurance covers injury and death of persons, victims of a traffic accident, whether or not subjective responsibility of the driver exists.

Artículo 50 — The victim of an accident defined under the terms of article 49 of this Law shall not have the right to any of the benefits established in this insurance when the mishap is classified as an occupational risk and the worker is protected by the respective insurance.

Artículo 51 — The coverage amount per person of the mandatory vehicle insurance shall be the maximum limit established in the Regulations of this Law.

Artículo 52 — Within the limit amounts referred to in the preceding article, injured persons or their successors in interest (derechohabientes) resulting from an accident covered by this insurance shall have the right to the following services:

Artículo 53 — For the provision of economic and health benefits to be granted under mandatory vehicle insurance, the following rules apply:

Artículo 55 — Preference shall be given to the payment of cash benefits and medical services contracted with third parties, except those provided by the Caja Costarricense de Seguro Social or by the Instituto Nacional de Seguros, up to the established coverage limits.

Artículo 56 — The medical-health services derived from mandatory vehicle insurance may not be waived, settled, assigned, offset, encumbered, or attached, except for cash benefits, which may be attached up to fifty percent (50%).

Artículo 57 — In the case of temporary disability, the injured person shall have the right to an amount that supplements that recognized by the Caja Costarricense de Seguro Social (CCSS) and the employer for which they work.

Artículo 58 — For the calculation of the temporary disability subsidy and permanent disability compensation, the victim's income shall be taken, in order, as follows:

Artículo 61 — The commutation of annuities shall only proceed by way of exception, when minors are involved and for sums for permanent disability or death, and such commutation is recommended by the Instituto Nacional de Seguros.

Artículo 63 — Matters relating to medical, surgical, hospital, and rehabilitation benefits are governed by the provisions of the Código de Trabajo.

Artículo 64 — Whenever a matter not covered by this chapter is involved, the occupational risk norms contained in the Código de Trabajo shall be supplementary law.

Artículo 65 — Obtaining the temporary learner's permit and the driver's license by the inhabitants of the Republic is a right subject to compliance with the requirements or conditions established by this Law.

Artículo 66 — For the purpose of obtaining the temporary learner's permit for a driver, the applicant must:

Artículo 67 — When using the permit to practice, the learner must be accompanied by an instructor who holds a driver's license of the same type or higher than that to which they aspire.

Artículo 68 — To obtain a driver's license for the first time, the applicant must meet the following requirements:

Artículo 68 bis — In the case of a person with a disability, the procedure for obtaining the fitness certificate to drive a vehicle may not be different from that used by other drivers.

Artículo 69 — In addition to the provisions of the preceding article of this Law, applicants for a driver's license must comply, prior to its issuance, with the following requirements before the Dirección General de Educación Vial and according to the type of license requested:

Artículo 71 — The driver's license shall be issued for a validity period of three (3) years when requested for the first time.

Artículo 72 — When an application for renewal or a duplicate of a driver's license is submitted, the official, through the electronic means available or the corresponding databases, must verify that the license is not suspended.

Artículo 73 — Every person who requests the issuance of a driver's license for the first time or its renewal must provide their domicile.

Artículo 74 — Every person who acquires, renews, or requests a duplicate of the driver's license must fill out a form in which they state their consent or opposition to donating all their organs and tissues or part of them upon their death.

Artículo 75 — Persons with a license to drive motor vehicles, issued abroad, are authorized to drive, within the national territory, for a maximum period of three months, the same type of vehicles authorized by that license.

Artículo 76 — For the purposes of the medical examination, the Executive Branch shall determine, in the Regulations of this Law, which physical and mental deficiencies make driving a vehicle impossible.

Artículo 78 — Every license shall bear the blood type and RH factor of its holder printed on it.

Artículo 79 — When using public roads, drivers, vehicle passengers, and pedestrians must:

Artículo 80 — Users of public roads must conduct themselves in such a way that they do not obstruct traffic or endanger the safety of vehicles or other persons.

Artículo 81 — Drivers of vehicles intended for public transportation, as well as traffic inspectors and other police authorities, are authorized to prevent the entry of or to remove persons who are inside the vehicle, when the following conditions arise:

Artículo 83 — The speed limits for the circulation of vehicles shall be set by the Dirección General de Ingeniería de Tránsito, following a technical study, in accordance with the type of road and its conditions.

Artículo 84 — To verify the speed of a vehicle, traffic authorities may use, indistinctly, the radar pistol, the radar with built-in camera, the stopwatch, the automatic surveillance system, or any other system established by the Dirección General de Policía de Tránsito.

Artículo 85 — Vehicles must be driven in the right lane of the road, except in the following cases:

Artículo 86 — The driver of a vehicle traveling on a public road must maintain a reasonable and prudent distance that guarantees timely stopping in case the preceding vehicle brakes suddenly.

Artículo 87 — Any change in speeds, direction, or situation of a moving or parked vehicle must be signaled with due anticipation and in the regulatory manner; but the signal does not grant the right to execute the maneuver if by doing so the safety of other vehicles or pedestrians is endangered.

Artículo 88 — Any driver who reduces speed, intends to stop, change lanes, or change direction must make sure, before beginning the maneuver, that they can execute it safely.

Artículo 89 — For the use of lights, the following rules must be observed:

Artículo 90 — When approaching any road intersection where one does not have the right-of-way, one must proceed as follows:

Artículo 91 — The following have right-of-way over other vehicles: