Bill 685.

Summary.

The bill defines vehicles, loads, axles, weights, dimensions, public roads and special permits, and confines its scope to freight transport on the national road network. It would cover domestic and foreign vehicles, including trucks, trailers and semi-trailers. The Land Freight Transport Directorate (Dirección de Transporte de Carga Terrestre), attached to the Land Transit and Transport Authority (Autoridad del Tránsito y Transporte Terrestre), and the Ministry of Public Works (Ministerio de Obras Públicas) would inspect vehicles at customs facilities, points of entry and on public roads. They would receive support from the Ministry of Government (Ministerio de Gobierno) and the National Police Traffic Operations Directorate (Dirección Nacional de Operaciones de Tránsito de la Policía Nacional). The Ministry of Economy and Finance (Ministerio de Economía y Finanzas) and the National Customs Authority (Autoridad Nacional de Aduana) would coordinate checks on imported vehicles. Importers would have to ensure compliance. Freight vehicles with six (6) or more tires, or special characteristics subject to regulation, would need a weight and dimension permit; duplicate permits could be issued.

The bill classifies trucks, truck tractors, trailers, semi-trailers and combinations by axle configuration. It sets maximum width, height, length and weight by vehicle type, together with tolerances for each axle and the combined loaded axles. General dimensional limits include a width of 3.20 meters and a height of 4.30 meters. Vehicle combinations would be identified under that classification and a procedure set by regulation. Regulations would specify safety measures for oversized loads. Maximum weights could also be reduced because of pavement or bridge conditions, while dangerous roads could carry additional restrictions. The Land Freight Transport Directorate would use certifications and periodic inspections to determine the weight and load distribution recorded on permits, within limits set by the Ministry of Public Works.

For vehicles outside regular operation and indivisible loads exceeding the ordinary limits, the Land Freight Transport Directorate would set conditions and issue special permits with assistance from the Ministry of Public Works. Each permit would specify a route and could require detours, bridge reinforcement, repair of damage, and insurance policies, bonds or guarantees at the load owner's expense. The Ministry of Public Works would conduct engineering studies and could arrange technical assistance with public and private universities. Applicants would be responsible for complying with permit conditions and carrying the permit during the trip. Loads would have to be firmly secured, and travel would be confined to the authorized route and hours. Taking on another load would require a new permit. Time could be extended without charge when a trip could not be completed within the permitted period; permits would be issued for a maximum of 120 continuous hours. Loads requiring special permits would need escorts according to their dimensions.

All freight vehicles would have to stop at operating fixed or portable weighing stations. After checking axle loads, gross weight and dimensions, inspectors would authorize continued travel. A prior weighing record could expedite passage but would not prevent authorities from requiring another weighing. Forged or altered permits would be referred to the competent judicial authority. The bill distinguishes offenses committed by vehicle owners and drivers. It sets fines for load owners in overweight cases and for vehicle owners for specified violations, with increases for repeated offenses and a sanctions register. It provides for vehicle detention in certain cases, removal or redistribution of excess loads, transfer to another vehicle, and separate treatment of perishable cargo and goods under customs control. Vehicles carrying special loads without the required permits would be held until the load was corrected and the penalty paid.

Ordinary permits would remain valid for two (2) years and require renewal upon expiry, deterioration or a change in vehicle characteristics. Vehicle modifications would require presentation of the vehicle and a written application. The bill also provides for general permits for certain combinations and temporary permits where urgency is demonstrated. Foreign registered freight vehicles entering the country temporarily would be subject to these rules. The Executive Branch (Órgano Ejecutivo) would issue regulations within six (6) months of promulgation, and the Land Freight Transport Directorate would be responsible for implementation. The bill supersedes Law No. 10 of January 24, 1989, which superseded Law 11 of September 13, 1985, and provides for entry into force upon promulgation. Its provisions concern the named public bodies and could affect freight carriers, importers, load owners, logistics operators, insurers and road users.