Summary.
The draft bill proposes specific rules on civil liability, financial guarantees and preventive detention for international freight transport traveling through the territory of the Republic of Panama in the event of vehicle collisions. Its scope covers international freight vehicles while they travel through the country and ties preventive measures to damage arising from a collision.
Every foreign registered freight vehicle entering the national territory would have to carry a current civil liability insurance policy issued or backed by an insurer authorized in Panama. Minimum coverage would be B/. 50,000.00 for damage to another person's property and B/. 100,000.00 for bodily injury or death, per person/accident. A vehicle that fails to meet this requirement would be denied entry at border checkpoints.
When the driver of an international heavy vehicle is found responsible for a collision, the driver, the vehicle's registered owner, whether an individual or a legal entity, and the contracting transport or logistics company would be jointly liable. In accidents involving substantial property damage or personal injuries, the Land Transit and Transportation Authority (Autoridad del Tránsito y Transporte Terrestre) or the Public Prosecutor's Office (Ministerio Público) would order the preventive detention of the vehicle and its cargo. Release would require proof that the affected person has received full payment for the damage or the posting, before the competent court, of a bank or insurance bond covering 125% of the estimated damage.
The National Border Service (Servicio Nacional de Fronteras) and the National Customs Authority (Autoridad Nacional de Aduanas) would prohibit any international freight vehicle involved in a pending road collision proceeding from leaving the national territory until compliance with the release conditions is verified. The draft bill would also create the National Register of International Transport Operators Responsible for Violations. Companies with more than two collisions for which responsibility has been established in one calendar year would lose their permit to transit through Panama for 24 months.
The Executive Branch (Órgano Ejecutivo), acting through the Transit and Transportation Authority (Autoridad de Tránsito y Transporte), would issue implementing regulations within no more than six (6) months after promulgation. The proposed law would take effect upon its promulgation in the Official Gazette. The provisions would involve transit authorities, the Public Prosecutor's Office, the National Border Service, the National Customs Authority and competent courts. They could concern international freight carriers, logistics companies, freight vehicle owners and drivers, insurers and people affected by road collisions.
What it proposes.
- Civil liability for collisions involving international freight vehicles.
- Mandatory insurance for foreign registered freight vehicles.
- Preventive detention, financial guarantees and restrictions on departure.
- A register of noncompliant carriers and loss of transit permits.
Who it would affect.
- Drivers and owners of international freight vehicles.
- Contracting transport or logistics companies.
- Insurers authorized in Panama.
- People affected by road collisions.
Key points.
- The draft bill's purpose is to establish specific rules for international freight transport.Art. 1
- The proposed regime covers civil liability associated with vehicle collisions.Art. 1
- Its stated purpose includes financial guarantees connected with collisions.Art. 1
- Preventive detention is one of the matters covered by the draft bill.Art. 1
- The proposed rules would apply to international freight transport traveling through the territory of the Republic of Panama.Art. 1