Bill 436.

Summary.

The bill creates new Administrative Traffic Courts in Panamá Oeste, Colón, Bocas del Toro, Coc1é, Chiriquí, Darién, Herrera and Los Santos, so that each province would have at least one (1) court. It places them within the Traffic and Land Transportation Authority (Autoridad del Tránsito y Trasporte Terrestre) and grants them exclusive jurisdiction over administrative traffic violations and offenses arising under the Traffic Law (Ley de Tránsito) and the Vehicle Traffic Regulations (Reglamento de tránsito Vehicular). Each court would have a judge, a judicial secretary and staff determined by the Traffic and Land Transportation Authority (Autoridad del Tránsito y Transporte Terrestre). The bill also creates Higher Administrative Traffic Tribunals for the second instance of administrative traffic proceedings.

Traffic judges would hear reconsideration requests and traffic accident matters, answer legal inquiries, address applications and coordinate accident related proceedings. They could call hearings to receive evidence and arguments. Reconsideration would suspend the effects of a decision until a final ruling; the court would have to issue a reasoned decision within thirty (30) working days after admitting the request. Administrative traffic judges and judicial secretaries would need Panamanian nationality, a law degree recognized by the University of Panama (Universidad de Panamá) or the Council of Rectors (Consejo de Rectores), professional registration with the Supreme Court of Justice (Corte Suprema de Justicia), at least three (3) years of relevant experience, accredited training and the absence of the specified convictions or administrative sanctions. The same article includes hearing hit and run collision complaints, issuing official communications and sanctioning those responsible for collisions among its numbered provisions. The bill assigns the secretary duties involving assistance, notifications, records, public service and administration. The Director General of the Traffic and Land Transportation Authority (Autoridad del Tránsito Transporte Terrestre) would appoint the judges, while the Executive Branch (Órgano Ejecutivo) would make the final designation by executive decree published in the Official Gazette.

The Higher Administrative Traffic Tribunal (Tribunal Superior Administrativo de Tránsito) would hear appeals from provincial decisions. It would examine evidence, could uphold, change or annul sanctions, and could impose other sanctions where appropriate. It would also issue guidance on traffic rules and promote offenders’ rights and road safety education. Its membership would comprise a president, two members, a secretary and support staff. Its magistrates would need to meet citizenship, education, experience of five (5) years, conduct and public selection requirements. They would serve for five (5) years and could be reelected once, subject to a performance assessment.

A person sanctioned for a traffic violation could appeal within five (5) working days after notification. The written appeal would identify the appellant and include the challenged decision, grounds and evidence, plus proof of partial payment when required by law. An appeal would suspend the effects of the sanction until a final decision. The Tribunal could hold a hearing and would have to issue a reasoned ruling within thirty (30) working days after admitting the appeal. The Executive Branch would publicly invite and assess applicants, designate magistrates by executive decree and issue implementing regulations within six (6) months after promulgation. The Tribunal’s budget would be included in the General State Budget Law (Ley General del Presupuesto del Estado), and the proposed law would take effect upon promulgation.

The bill concerns administrative traffic authorities, the Executive Branch, bodies that certify legal education and professional qualifications, road users, legal practitioners and the land transportation sector.