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Constitutional Courts Say Bus
Ramp Law Reform is
Unconstitutional
The Sala Constitucional (Constitutonal
Court) didn't wait long to make
a decision the reforms to the
law that requires public bus
operators to install handicapped
ramps on all their buses. The
decision went against the bus
operators.
Five of the seven magistrates of
the court said that reforms to
Ley 7600 (Igualdad de
Oportunidades a las Personas con
Discapacidad) which would have
extended the time for up to
eight years for bus operators to
install the ramps, is
unconstitutional.
The Partido Acción Ciudadana
(PAC) had sent the law reform to
the Constitutional Court or Sala
IV as it is also known, for
consultation, before it was put
the legislators.
Vice-minister of Transport,
Viviana Martín, said that the
Sala IV only looked at the
problems with the law reform
which can now go back to the
Legislative floor and correct
the errors before a final
approval. Both the
representatives of the Foro
Nacional de Transporte and the
Transport minister, made an urge
call to the executive power to
have the bill go to a
legislative commission.
"If the law is approved as it
is, public transport in the
country will collapse, because
90% of the buses would have to
be taken off the road", said
Martín.
The Ministerio de Obras Públicas
y Transportes (MOPT) has given
bus operators three months grace
to comply or face fines of
¢10.000 colones (us$19.41) for
each bus on the road and face
confiscation compliance is not
met.
The bus operators say that if
they are forced to modify the
entire national fleet, bus fares
will have to increase some 300%.
"The Sala IV decision opens the
way to a solution to the
problems we are now facing. We
have the confidence that the
legislators make a clearer
decision based on reasonability
and public interest", aid
Martiza Hernández, representing
the bus operators.
In addition to the cost of
installing the ramps, the bus
operators complain that the MOPT
has not published technical
guidelines for the ramps, which
have to be imported and only
three shops in Costa Rica are
equipped to install them.
Ley 7600 was approved some 10
years ago, giving bus operators
this time to upgrade their
fleet. However, to date, only
12% of all buses have handicap
ramps installed.
The law applies to all public
buses - big and small -
including the mini buses used to
carry school children and
tourists (buses marked with "turismo").
The bus operators has vowed to
pull all the buses off the
streets, if necessary, in
protest of the law.
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The
streets could soon be empty of
buses as bus operators promise
to pull all their vehicles if
they are forced to install ramps
to 100% of their fleet. |
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