If this were not true I would have posted in the Smack Talk section.
The Non Sensicals Of Our Traffic Laws
Traffic laws in Costa Rica are upheld by the Dirección General PolicÃa 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 TRÃNSITO POR VÃAS 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.
Thanks to
Inside Costa Rica.
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