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Insidecostarica.com - San José, Costa Rica  -   Saturday 05  August  2006

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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.



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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