No
More Vehicular Restrictions In San José!
The Sala Cuarta or Constitutional Court said
in Friday that the vehicular restrictions of
San José which impedes circulation of
vehicles in the downtown core, depending on
the last digit of the license plate, as
unconstitutional and thus declared the
restriction null and void.
Yesterday afternoon, the ministra de Obras
Públicas y Transportes, Karla González,
issued an order to all Policía de Tránsito
to suspend the restrictions.
The vehicular restrictions of San José began
being applied only to morning and afternoon
weekday traffic and then extended to all
day, from 7am to 7pm.
The court ruling came from a filing of
unconstitutionality by Rafael Ángel Guillén,
ex director of the Organismo de
Investigación Judicial (OIJ), alleging that
the restrictions impede the free transit of
a public road as provided for in article 22
of the Constitución Política (country's
constitution).
Guillén argued that the restrictions were
above the law, as it was mandated by the
government and not the Legislative Assembly,
the country's lawmaking body, the government
overextending its use of power.
The vehicular restrictions of San José,
following the court ruling, are no longer
after a year in place.
During the last several months, the Policía
de Tránsito continued to ticket offending
drivers, knowing well that collection of the
fines has been suspended until such a time
the Sala Cuarta ruled on the filing.
In the ruling, the Constitutional Court said
the Poder Ejecutivo (the Executive branch of
government) does not have the legal power to
impede or violate fundamental rights such as
the liberty of transit.
The government said that the objective of
the restrictions was to reduce congestion in
the downtown core and reduce fuel
consumption.
However, the restrictions may not be a dead
issue for long, as the new Ley de Tránsito
that takes effect on September 23, may again
give the Policía de Tránsito the power to
resume the restrictions.
To that end, Guillén said that he is
preparing to file a new action of
unconstitutionality if the restrictions are
brought back under the new law.
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35.000 drivers
were fined during the past year for
violating the vehicular restrictions of San
Jose. Yesterday, the Constitutional Court
said the restrictions violated the
constitution. |
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