The Non Sensicals Of Our
Traffic Laws
Traffic laws in Costa
Rica are upheld by the
Dirección General
Policía de Tránsito,
with some 800 officials
or Tránsitos as their
known, who patrol the
highways and bi-ways of
the nation.
Tránsitos are guided by
the
LEY DE TRÁNSITO POR
VÍAS PÚBLICAS Y
TERRESTRES NO. 7331.
Their primary job is to
ensure that the traffic laws
are respected and
maintain safety on the
roads. Drivers who
disrespect the rules of
the road can find
themselves being fined
and/or have his or her
vehicle impounded,
Some traffic laws are
non sensical, rules
crafted with no logic or
sense of reason behind
them, some with
prohibitions but no
sanctions.
For instance, the use of
a radar detector is
prohibited on Costa
Rican roads. However,
the law does not call
for any sanctions for
the
sue. In effect, a Tránsito can stop a
driver for using a radar
detector but cannot fine
the driver or confiscate
the device. Duh!
Another example of
non sensical in the legislation
is the fact that a
vehicle can circulate
without bumpers,
fenders, rear panels,
trunk lids, hoods, you
get the picture, include
doors, but, the driver
can be fined if the
vehicle does have side
mirrors.
Yet another complete and
moronic rule applies to
passenger capacity and
seatbelts.
The marchamo or
circulating permit
indicates the number of
passengers permitted in
a vehicle, but, does not
deal with situations of crowding the
driver.
So, a vehicle
that say has a maxim
passenger capacity
of five, all passengers
can sit on the front
seat, crowding the
driver and that is
allright.
However, one more
passenger and now a Tránsito can issue a
fine.
The same is true for
seatbelts. According to
the Tránsito official we
consulted for this
article and a review of
the Ley de Tránsito, the traffic
laws state that the
vehicle has to have the
correct number of
seatbelts based on its
capacity. However, it
does make it clear that
one seatbelt per person, it only deals
with the fact that all
passengers must be
belted in.
Using the earlier
example of the 5
passengers in the front
seat, if there only two
seatbelts in the front
seats, assuming the
driver is using his seat
belt alone, the other
four can share the
seatbelt as long as it
stretches enough to
buckle everyone in and
that is perfectly legal.
Other examples of non
sensical traffic rules
are the fact that once a traffic ticket is
issued by a Tránsito,
the driver cannot be
fined for the same
offence, say not wearing
a seatbelt, for the
following 24 hours. A
driver who is pulled
over, say for a seatbelt
violation, has to only
show the fine already
issued.
However, there is a
catch. According to "our" Tránsito,
though it custom for Tránsitos in
different parts of the
country to respect the
issued fine, the rule
only applies in the
jurisdiction it was
issued and a Tránsito in
another jurisdiction can
issue a new fine.
For example, a driver
who is stopped and fined
for a seatbelt violation
in Alajuela, may be
subject to another fine
for the same violation
in San José.
Another example of the
fine traffic laws is the
fact that driver,
according to the Sala
Constituciónal
(Constitutional Court)
has the right not to
incriminate oneself,
therefore, though the
Ley de Tránsito requires
the driver to remain at
the scene on accident,
if the driver flees the
scene he or she cannot be charged
and fined for leaving
the scene of an
accident.
This rule is
particularly useful for
impaired drivers, who
involved in an accident,
can flee, sober up and
then when caught cannot
be charged for being
impaired. In several
cases witnesses
have impeded drunk
drivers from leaving the
scene of an accident,
including physically
restraining the driver
until the Tránsito
appears on the scene.
And the fine for driving
impaired? ¢10.000
colones if the blood
alcohol content reading
is over 0.50 and less
than 1.0 (estado de
preebriedad - pre
drunk?) and ¢20.000
colones if 1.0 or over.
Most drivers are not
aware of all the fine
print or lack thereof of
the traffic laws and
fall to intimidation by
unscrupulous Tránsitos,
who in some cases have
been reported to
sticking out their hand
to turn the other way.
Our recommendation is to
drive safely and obey
the rules of the road. |
