Seatbelt use in Costa Rica was declared unconstitutional by the Sala IV.

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Seatbelt Use in Costa Rica Declared Unconstitutional

The Sala Constitucional or Sala IV (Constitutional Court) ruled that the traffic ticket for not wearing a seatbelt while driving (¢237.000 plus costs) is "disproportionate" and therefore declared in unconstitutional.

What the ruling means that is a driver or passenger is ticketed for not wearing a seatbelt, the fine cannot be collected by the Consejo de Seguridad Vial (COSEVI) until such a time the Legislative Assembly amends the current traffic law.

In a majority of four votes against three, the Sala IV judges annulled Article 131, paragraph K of the Ley de Tránsito that went into effect on March 1, 2010.

The Article set the fine for not wearing a seatbelt at ¢237.000 colones, plus 30% for the Patronato Nacional de la Infancia (Child Welfare Agency) and with other costs for a total fine of ¢308.100 colones or us$604.

The action of unconstitutionality was presented almost a year ago - almost immediately after the law went into effect - by Hilman Salazar Ruiz.

The ruling has "retroactive declaratory" effect, said the the Court's press release.

There are still six appeals to the Ley de Transito to be heard by the Constitutional Court, them one which attempts to declare unconstitutional, and disproportionate, the penalty for "bad parking".