Bill 720.

Summary.

The bill proposes to regulate paid public parking services in open spaces and enclosed structures operated by public or private entities throughout Panama, addressing safety, accessibility and consumer rights. It defines a paid public parking facility as a space open to the public where vehicles may be parked in exchange for a charge based on a specified period, a fraction of time or a flat rate. It distinguishes such facilities from private parking reserved for the internal use of a business, residence or organization without a charge to the end user. It also defines the service provider, the user or consumer, and the authorized rate, which must be clearly disclosed to the consumer whether approved by the competent authority or set freely by the provider.

Providers would have to maintain an effective, up to date civil liability insurance policy covering damage, robbery or theft involving vehicles or belongings on their premises when negligence, omission or a failure to take reasonable security measures is established. They would have to display notice of the insurance to users. The bill treats refusal to compensate an affected person on the basis of a liability waiver as abusive and void by operation of law. It also makes providers civilly liable for harm to consumers when robbery, theft or damage results from inadequate security measures. Any statement purporting to exclude or limit that liability would be void and without effect.

Public and private health care facilities could not charge for parking used in connection with urgent or emergency services for as long as those services last. They also could not charge patients who have a permanent or temporary physical difficulty moving about, as certified by the professional responsible for their health care.

Providers would have to offer an accessible complaints system, issue written or digital acknowledgment of complaints received, follow them up and resolve them within a reasonable period of no more than ten (10) business days. If a consumer loses the entry ticket, the provider would have to check its records for the actual period of use and charge only the corresponding rate. Preset charges, fines, surcharges and automatic penalties for losing the ticket would be prohibited. The provider could request documents identifying the vehicle's owner or responsible person without infringing their rights.

The Consumer Protection and Competition Defense Authority (Autoridad de Protección al Consumidor y Defensa de la Competencia, ACODECO) could inspect compliance with the complaints requirement and would oversee and enforce the proposed law, with authority to impose administrative penalties under its statutory powers. The bill provides for commencement on the day following promulgation. Its provisions concern ACODECO, public entities operating parking facilities, private parking providers, health care facilities and users of paid parking services.