Thursday 13 November
2008, San José, Costa
Rica
Court Orders Freeze On
Collection Of Vehicular
Restriction Fines
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Court Orders Freeze On
Collection Of Vehicular
Restriction Fines
The next time (or first
time) you get a ticket
for violating the
vehicular restriction of
San José, don't be in
too much of a hurry to
pay it, as an order by
the Sala IV
(Constitutional Court),
stops temporarily the
collection of fines,
though traffic officials
will continue to issue
them.
The court ordered the
halt following a filing
of a "recurso de amparo"
(writ of habeas corpus)
by a lawyer identified
only by his last name,
Baraquiso Leitó,
challenging with
unconstitutionality
executive order
34577-MOPT, reformed by
Decreto 34620 of the
MINAE-MOPT.
According to the
appelant, the decree
violates the freedom of
trade, the principle of
equality and the
principles of
reasonableness and
proportionality.
The vehicular
restriction of San José
prohibits the
circulation of all
vehicles over 6 tons and
lighter vehicles
depending on the last
digit of the license
plate, between the hours
of 6am and 7pm, Monday
to Friday.
Leitó feels the
restriction breaches his
right to trade.
The ministra de
Transportes, Karla
González, said her
officials will continue
to issue tickets, for
the Sala IV ordered the
suspension of collecting
the fines, not their
issue.
"The Sala is taking
necessary measures in
the event it finds the
appeal with merit.
However, if the Sala
finds the restriction
valid, all that is left
is then to collect on
the fines issued", said
the minister.
Important to note that
if the Court finds the
restriction invalid all
unpaid files cannot be
collected.
Experts of the
Ingeniería de Transito
del MOPT (traffic
engineering) estimate
that the restrictions
have reduced traffic
into San José by 12% or
102.000 less vehicles
daily. |
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Transito (traffic) officials will continue to issue
tickets for violation of the vehicular restriction,
however, a court order stops temporarily the
collection of the fines. |
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