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Road Traffic Regulations

Road Traffic Regulations as published in the Diário da República in 2005 (Decree-Law no. 4/2005 of February 23) based on the Decree-Law no. 114/94 of 3 May.

Introduction of subsequent changes indicated at the end of this legal text.

TITLE I

General provisions

 

CHAPTER I

General principles

 

Article 1

 

Legal definitions

For the purposes of this Code and complementary legislation, the following terms have the meaning assigned to them in this article:

(a) 'motorway' means a public road intended for rapid transit, with physical separation of lanes, without level crossings and access to marginal property, with conditioned access and marked as such;

(b) 'Berma' - the area of ​​the public thoroughfare which is not specifically intended for the traffic of vehicles and which borders the road;

(c) 'road' means public road specifically intended for local traffic in rural areas;

(d) 'circulation corridor' means a transit route reserved for vehicles of a certain type or assigned to certain types of transport;

(e) 'intersection' means the intersection of public roads at the same level;

(f) 'carriageway axis' means a longitudinal line, whether or not materialized, dividing a carriageway into two parts, each affecting a direction of traffic;

(g) 'junction' means a junction or bifurcation zone for public roads;

(h) 'taxiway' means a part of the public thoroughfare which is specifically intended for the transit of vehicles;

(i) 'Directional islet' means a restricted area of ​​the public road, which prohibits the movement of vehicles and is delimited by a curb or appropriate marking intended to guide traffic;

(j) 'locality' means an area with buildings whose boundaries are marked by regulatory signs;

(l) 'car park' means a place intended exclusively for the parking of vehicles;

(m) 'Level crossing' means a point of intersection at the same level as a public road or equivalent to railway lines or lines;

(n) 'ride' means the area of ​​the public road, which is generally overhead, specially designed for pedestrians and lane the road;

(o) 'special lane' means a public road or a transit route specially designed for traffic in pedestrians, animals or certain types of vehicles in accordance with traffic signs;

(p) 'Rotunda' means a square formed by a crossing or a junction where the traffic is rotated and marked as such;

(q) 'Road of Slowdown' means a roadway resulting from the extension of the roadway and intended to enable vehicles leaving a public road to slow down outside the main traffic flow;

(r) 'Acceleration road' means a roadway resulting from the extension of the roadway and intended to enable vehicles entering a public road to acquire the appropriate speed to enter the main transit chain;

(s) 'reversible route' means a traffic lane alternating, by means of signaling, to one or other of the means of transit;

(t) 'transit road' means a longitudinal area of ​​the carriageway intended for the movement of a single line of vehicles;

(u) 'public roadway' means the public roadway of the private domain open to public transit;

(v) 'public highway' means the roadway connected with public transit;

x) «Via reservada a automóveis e motociclos» - via pública onde vigoram as normas que disciplinam o trânsito em auto-estrada e sinalizada como tal;

z) «Zona de estacionamento» - local da via pública especialmente destinado, por construção ou sinalização, ao estacionamento de veículos.

Article 2

 

Scope of application

1 - The provisions of this Code shall apply to transit through the public domain of the State, the Autonomous Regions and local authorities.

2 - The provisions of this decree-law are also applicable on the roads of the private domain, when open to public transit, in all that is not specially regulated by agreement between the entities referred to in the previous number and their owners.

 

Article 3

Freedom of transit

1 - In the routes referred to in the previous article, circulation is free, with the restrictions contained in this Code and complementary legislation.

2 - Persons must abstain from acts that prevent or embark traffic or compromise the safety or comfort of road users.

3 - Any person who violates the provisions of the preceding paragraph shall be punished with a fine of (euro) 60 to (euro) 300.

4 - Any person who acts in order to prevent or obstruct the circulation of motor vehicles shall be punished with a fine of (euro) 300 to (euro) 1500, if a more serious penalty is not applicable under another legal provision.

 

Article 4

Orders of the authorities

1 - The user must obey the legitimate orders of the authorities with competence to regulate and supervise the transit, or of its agents, when duly identified as such.

2 - Any person who breaches the provisions of the preceding paragraph shall be punished with a fine of (euro) 120 to (euro) 600, if a more serious penalty is not applicable under another legal provision, without prejudice to the provisions of the following paragraph.

3 - Any person who disobeys the regulatory stop sign of the authorities referred to in paragraph 1 shall be punished with a fine of (euro) 500 to (euro) 2500, if a more serious penalty is not applicable under another legal provision.

 

Article 5

Signaling

1 - In places which may be dangerous for transit or in which traffic is to be subject to special restrictions, and where it is necessary to give useful indications, the relevant traffic signs shall be used.

2 - Any obstacles must be indicated by the one who gives them cause, in a very visible way and at a distance that allows other road users to take the necessary precautions to avoid accidents.

3. No signs, signs, signs, light bulbs, inscriptions or other means of advertising may be placed on public roads or in the vicinity thereof, which may be confused with traffic signs or impair their visibility or recognition or visibility in curves, intersections or junctions, or even disturb the attention of the driver, damaging the safety of driving.

4 - Any person who infringes the provisions of paragraph 2 shall be punished with a fine of (euro) 100 to (euro) 500.

5 - Any person who infringes the provisions of paragraph 3 shall be punished with a fine of (euro) 700 to (euro) 3500, and the means of advertisement in question may be withdrawn by the competent authority.

Article 6

Signals

1 - Traffic signs shall be laid down in a regulation where, in accordance with the international conventions in force, the forms, colors, inscriptions, symbols and dimensions are specified, as well as their meanings and the systems of placement.

2 - Entries in the signs are written in Portuguese, except as provided in international conventions.

 

Article 7

Hierarchy between prescriptions

1 - The requirements resulting from the signs shall prevail over the rules of transit.

2 - The hierarchy between the prescriptions resulting from the signaling is as follows:

1. Provisions resulting from temporary signs modifying the normal system of road use;

2. Prescriptions resulting from light signals;

3. Prescriptions resulting from vertical signs;

4. Prescriptions resulting from road markings.

3 - The orders of the traffic regulators shall take precedence over the requirements resulting from the signs and the rules of transit.

 

 

 

CHAPTER II

Restrictions on movement

 

Article 8

Carrying out of works and use of public roads for special purposes

1 - The execution of works on public roads and their use to carry out activities of a sports, festive or other nature that may affect normal transit is allowed only when authorized by the competent authorities.

2 - Failure to comply with the conditions contained in the authorization granted under the terms of the previous paragraph shall be equated with his absence.

3 - Any person who infringes the provisions of paragraph 1 or fails to comply with the conditions set out in the authorization referred to therein shall be punished with a fine of (euro) 700 to (euro) 3500.

4 - Organizers of sports events involving cars, motorcycles, tricycles or quadricycles in violation of the provisions of paragraph 1 shall be punished with a fine of (euro) 700 to (euro) 3500 if it is a natural person or a fine of ) 1000 to (euro) 5000 in the case of legal persons, plus (euro) 150 for each of the participating drivers or competitors.

5 - Organizers of sports events involving vehicles other than those referred to in the preceding paragraph in violation of the provisions of paragraph 1 shall be penalized with a fine of (euro) 450 to (euro) 2250 or of (euro) 700 to (euro) 3500, depending on whether it is a natural or legal person, plus (euro) 50 for each of the drivers participating or competing.

6 - Organizers of sporting events involving pedestrians or animals in violation of the provisions of paragraph 1 shall be sanctioned with a fine of (euro) 300 to (euro) 1500, plus (euro) 30 for each participant or competitor.

 

Article 9

Suspension or conditioning of traffic

1. The suspension or conditioning of traffic may only be ordered for reasons of safety, serious emergency or works or for the purpose of providing for the preservation of floors, installations and works of art and may only respect the part of the road or vehicles of a certain species, weight or dimensions.

2 - The suspension or conditioning of traffic may also be ordered whenever there is a justified reason and provided that the communications between the places served by the route are duly assured.

3 - Except in cases of serious emergency or urgent works, the conditioning or suspension of traffic are publicized in advance set by regulation.

 

Article 10

Temporary or permanent ban on the movement of certain vehicles

1. Where abnormal circumstances of transit occur, the movement of certain species of vehicles or vehicles carrying certain goods may be temporarily prohibited by regulation.

2 - The transit of certain species of vehicles or of those used for the transport of certain goods may also be regulated by regulation, on a temporary or permanent basis, on all or only certain public roads.

3 - The prohibition and conditioning referred to in the preceding paragraphs are preceded by dissemination through the media, distribution of leaflets in affected areas, display of information panels or other suitable means.

4 - Any person who fails to comply with the prohibition provided for in paragraph 1 or the conditions set out in paragraph 2 shall be punished with a fine of (euro) 150 a (euro) 750, and the vehicles shall be prevented from moving forward until the prohibition.

 

TITLE II

Transit of vehicles and animals

 

CHAPTER I

Common provisions

 

SECTION I

General rules

 

Article 11

 

Driving vehicles and animals

1 - Any vehicle or animal that circulates on the public highway must have a driver, except for the exceptions provided for in this Code.

2 - Drivers must, during their driving, abstain from carrying out any action that is liable to jeopardize driving safely.

3 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 60 to (euro) 300.

 

Article 12

Start of the march

1 - Drivers may not start or resume the march without indicating their intention in advance and without taking the necessary precautions to avoid any accident.

2 - Any person who violates the provisions of the preceding paragraph shall be punished with a fine of (euro) 60 to (euro) 300.

 

 

Article 13

 

Driving position

1 - The traffic of vehicles must be made on the right side of the road and as close as possible to the berms or sidewalks, keeping them from a distance to avoid accidents.

2 - Where necessary, the left side of the roadway may be used to overtake or change direction.

3 - Any person who infringes the provisions of paragraph 1 shall be punished with a fine of (euro) 60 to (euro) 300, except as provided in the following number.

4 - Anyone who moves in the opposite direction to the established one is sanctioned with a fine of (euro) 250 to (euro) 1250.

 

Article 14

 

Plurality of traffic lanes

1 - Where, in the same sense, two or more rows of traffic are possible, this must be done by the right-of-way, but another may be used if there is no place in that, to overcome or change direction.

2 - Within the localities, drivers must use the most convenient transit route to their destination, only being allowed to change to another one, after having taken the necessary precautions, in order to change direction, to surpass, to stop or to park.

3 - In the traffic in rotundas, inside and outside the localities, the provisions of the previous number are also applicable, except for the stop and parking.

4 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 60 to (euro) 300.

 

Article 15

 

Traffic in parallel queues

1 - Where, in the case of more than one traffic lane in the same direction, the vehicles, because of the intensity of traffic, occupy the whole width of the lane intended for that direction, the speed of which is dependent on the speed of the lane. drivers can not leave their queue to another one to the right except to change direction, stop or park.

2 - Any person who violates the provisions of the preceding paragraph shall be punished with a fine of (euro) 120 to (euro) 600.

 

Article 16

Plates, studs, islets and the like

1 - At intersections, junctions and roundabouts, traffic shall be made in such a way as to give the left side to the central part thereof or to the plates, posts, directional islets or similar devices, provided they are on the axis of the road from which they proceed the vehicles.

2 - Where there is any of the devices referred to in paragraph 1 on the road, the transit, without prejudice to the provisions of articles 13 and 14, shall be made in such a way as to give them the left, unless one-way or one-way lane affects only one direction, where traffic may be left or right, as appropriate.

3 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 60 to (euro) 300.

Article 17

Bermas and walks

1 - Vehicles may only use berms or sidewalks provided access to buildings requires it, except for exceptions provided for in local regulations.

2 - Any person who violates the provisions of the preceding paragraph shall be punished with a fine of (euro) 60 to (euro) 300.

 

Article 18

 

Distance between vehicles

1 - The driver of a moving vehicle must maintain between his vehicle and his predecessor a sufficient distance to avoid accidents in the event of a sudden stop or a decrease in speed.

2. The driver of a moving vehicle must maintain sufficient lateral distance to avoid accidents between his vehicle and vehicles moving in the same lane, in the same direction or in the opposite direction.

3 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 60 to (euro) 300.

 

Article 19

 

Visibility reduced or insufficient

For the purposes of this Code and supplementary legislation, visibility shall be deemed to be reduced or insufficient where the driver can not see the carriage over its entire width for a length of at least 50 m.

 

Article 20

 

Public passenger transport vehicles

1 - In localities, drivers must slow down and, if necessary, stop when the vehicles of collective transport of passengers resume the march at the exit of the places of stop.

2 - Drivers of public passenger transport vehicles may not, however, resume their march without indicating their intention immediately before taking it up again and without taking the necessary precautions to avoid any accident.

3 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 60 to (euro) 300.

 

SECTION II

Signals of drivers

Article 21

 

Signaling of maneuvers

1 - When the driver wishes to reduce speed, stop, park, change direction or road, start overtaking or reverse the direction of travel, he must indicate his intention in advance.

2 - The signal shall be maintained during the maneuver and shall cease as soon as it is completed.

3 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 60 to (euro) 300.

 

 

Article 22

Sound signals

1 - The beeps should be brief.

2 - Only the use of sound signals is allowed:

a) In case of imminent danger;

b) Outside the localities, to prevent a driver from intending to overtake him, as well as in curves, crossings, junctions and low visibility lumbos.

3 - Except for the provisions of the preceding paragraphs, the signs of police vehicles or those that transit in the event of distress or urgent service of public interest.

4 - The characteristics of the devices emitting the sound signals are fixed by regulation.

5. Special sound announcers may be used in police vehicles and vehicles used for the provision of rescue or urgent service in the public interest, the characteristics and conditions of use of which are laid down in a regulation.

6 - The installation or use of the tell-tales referred to in the preceding paragraph or the emission of sound signals that may be confused with those issued by those devices is not permitted in any other vehicles.

7 - Any person who violates the provisions of paragraphs 1 and 2 shall be punished with a fine of (euro) 60 to (euro) 300.

8 - Any person who infringes the provisions of paragraph 6 shall be punished with a fine of (euro) 500 to (euro) 2500 and with loss of the objects, and the supervisory agent shall be immediately removed and seized or, if this is not possible, seize the identification document of the vehicle until the actual removal and seizure of those objects, in which case the provisions of no. 5 of article 161 will apply, with the necessary adaptations.

Article 23

Illuminated signs

1 - When the vehicles travel outside the localities with the lights on because of insufficient visibility, the sound signals can be replaced by light signals, alternating between the maximums and the middle ones, but always without causing glare.

2 - Within the localities, during the night, it is compulsory to replace the sound signals with the light signals used in the conditions foreseen in the previous number.

3 - Police vehicles and vehicles used for the provision of emergency or urgent service in the public interest may use special warning lights, whose characteristics and conditions of use are fixed by regulation.

4. Vehicles which, because of the service for which they are intended, must stop on the road or move at idling speed, shall use special warning lights, the characteristics and conditions of use of which are laid down in a regulation.

5 - The installation or use of the tellers referred to in the previous numbers is not allowed in any other vehicles.

6 - Any person who violates the provisions of paragraphs 2 and 4 shall be punished with a fine of (euro) 60 to (euro) 300.

7 - Any person who infringes the provisions of paragraph 5 shall be punished with a fine of (euro) 500 to (euro) 2500 and with loss of objects, and the supervisor shall immediately remove and seize or, if this is not possible, seize the identification document of the vehicle until the actual removal and seizure of those objects, in which case the provisions of no. 5 of article 161 will apply, with the necessary adaptations.

 

 

SECTION III

velocity

Article 24

 

General principles

1. The driver shall adjust the speed in such a way that, taking into account the characteristics and condition of the track and the vehicle, the load carried, the meteorological or environmental conditions, the intensity of the traffic and any other relevant circumstances, , to perform the maneuvers whose need is to be foreseen and, in particular, to stop the vehicle in the clear and visible space in front of it.

2 - Except in the case of imminent danger, the driver shall not suddenly reduce the speed of the vehicle without first ensuring that there is no danger to other road users, in particular for drivers of vehicles following him.

3 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 120 to (euro) 600.

 

Article 25

Moderate speed

1 - Without prejudice to the fixed maximum speed limits, the driver shall in particular:

(a) Approaching passages marked on the lane for pedestrians;

b) Approximation of schools, hospitals, kindergartens and similar establishments, when duly signaled;

c) In localities or roads marginalized by buildings;

(d) the approximation of agglomerations of persons or animals;

e) In descents of accentuated slope;

f) In curves, intersections, roundabouts, lofts and other places of reduced visibility;

g) In bridges, tunnels and crossings;

(h) on poorly maintained, wet, muddy or poor adhesion conditions;

i) In places marked with danger signs;

(j) where there is a high level of traffic.

2 - Any person who violates the provisions of the preceding paragraph shall be punished with a fine of (euro) 120 to (euro) 600.

 

Article 26

Slow running

1 - Drivers must not travel in slow motion causing unreasonable embarrassment to other road users.

2 - Any person who violates the provisions of the preceding paragraph shall be punished with a fine of (euro) 60 to (euro) 300, if a more serious penalty is not applicable under another legal provision.

 

Article 27

 

General speed limits

1. Without prejudice to Articles 24 and 25 and lower limits imposed on them, drivers may not exceed the following instantaneous speeds (in kilometers / hour):

Mopeds and quadricycles

Inside municipalities

Highways

Roads limited to motorcicles and cars

Other public roads

 

40

45

 

Motorcycles:

 

 

 

 

  Of a cylinder capacity exceeding 50 cm3 and without a side car

50

120

100

90

  With side car or trailer

   Of a cylinder capacity not exceeding 50 cm3

50

40

100

80

70

60

Tricycles

50

100

90

80

Passenger and Mixed Cars:

 

 

 

 

   Without trailer

50

120

100

90

   With trailer

50

100

80

70

 

 

Freight cars:

 

 

 

 

  Without trailer

50

110

90

80

  With trailer

50

90

80

70

Heavy passenger vehicles:

 

 

 

 

  Without trailer

50

100

90

80

  With trailer

50

90

90

70

Heavy goods vehicles::

 

 

 

 

Without trailer or semi-trailer

50

90

80

80

With trailer

40

80

70

70

Agricultural or forestry tractors

30

40

Agricultural machines, motor cultivators and tractocarros

20

20

Industrial machines:

 

 

 

 

   Without registration

30

30

   With registration

40

80

70

70

 

2 - Whoever exceeds the maximum speed limits shall be penalized:

a) If you drive a car or motorcycle with the following fines:

1. From (euro) 60 to (euro) 300, if it exceeds up to 20 km / h, within the localities, or up to 30 km / h, outside the localities;

(Euro) 120 to (euro) 600, if it exceeds more than 20 km / h and up to 40 km / h, within the localities, or more than 30 km / h and up to 60 km / h, outside the localities ;

3. From (euro) 300 to (euro) 1500, if it exceeds more than 40 km / h and up to 60 km / h, within the localities, or more than 60 km / h and up to 80 km / h, outside the localities;

4. From (euro) 500 to (euro) 2500, if it exceeds more than 60 km / h, within the localities, or at more than 80 km / h, outside the localities;

(b) other vehicles, with the following fines:

1. From (euro) 60 to (euro) 300, if it exceeds 10 km / h, within the localities, or up to 20 km / h, outside the localities;

(Euro) 120 to (euro) 600, if it exceeds more than 10 km / h and up to 20 km / h, within the localities, or at more than 20 km / h and up to 40 km / h, outside the localities ;

From EUR 300 to EUR 1500, if it exceeds by more than 20 km / h and up to 40 km / h within the localities, or by more than 40 km / h and up to 60 km / h, outside the localities ;

4. From (euro) 500 to (euro) 2500, if it exceeds more than 40 km / h, within the localities, or at more than 60 km / h, outside the localities.

3 - The provisions of the preceding paragraph shall also apply to drivers who exceed the maximum speed limits established for them or who have been specially fixed for the vehicles they drive.

4 - For the effects of the provisions of the preceding paragraphs, it is considered that the maximum speed limits are violated by a driver who travels a certain distance at a medium speed incompatible with the observance of those limits, with the understanding that the infraction is practiced where the controlled route ends.

5 - Without prejudice to the provisions of the preceding paragraphs, when speed is controlled by tachograph and the maximum speed limit allowed for the vehicle has been exceeded, the offense shall be deemed to be committed at the place where the control is carried out.

6 - Without prejudice to the provisions of article 26, on motorways, drivers may not carry the instantaneous speed below 50 km / h.

7 - Anyone driving a speed below the limit established in the preceding paragraph shall be punished with a fine of (euro) 60 to (euro) 300.

 

Article 28

Special speed limits

1 - Whenever the intensity of the traffic or the characteristics of the roads advise it, road sections or periods may be established for certain roads:

a) Minimum speed limits;

b) Instantaneous maximum speed limits lower or higher than those established in paragraph 1 of the previous article.

2 - The limits referred to in the preceding paragraph must be signaled or, if temporary and not possible, sign posted by the media, display of information panels or other suitable means.

3 - The circulation of motor vehicles on the public road may be conditioned to the incorporation of speed limiting devices, in the terms set in regulation.

4 - Light commercial vehicles and heavy goods vehicles shall bear at the rear an indication of the maximum speed limits to which they are subject outside the localities, in accordance with the conditions to be set by regulation.

5 - The provisions of paragraphs 2 and 4 of the previous article shall apply to breaches of the ceilings established pursuant to this article.

6 - Any person who violates the minimum speed limits established under this article shall be punished with a fine of (euro) 60 to (euro) 300.

7 - Any person who infringes the provisions of paragraph 4 shall be punished with a fine of (euro) 30 to (euro) 150.

 

SECTION IV

Pass-Through

 

SUBSECTION I

General Principle

 

Article 29

General Principle

1. The driver on whom the duty to give way is to be slowed down, if necessary to stop, or, in the event of a vehicle crossing, to withdraw in order to allow the passage of another vehicle without any change in speed or direction of this.

2 - The driver with priority of passage must observe the precautions necessary for the safety of traffic.

3 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 120 to (euro) 600.

 

SUBSECTION II

Crossings, junctions and roundabouts

 

Article 30

General rule

1 - At intersections and junctions, the driver must give way to the vehicles presented to him on the right.

2 - Any person who violates the provisions of the preceding paragraph shall be punished with a fine of (euro) 120 to (euro) 600.

 

Article 31

Granting of passage on certain roads or sections

1 - The driver must always give way:

(a) leaving a parking lot, a fueling area or any particular building or road;

b) To enter a motorway or a road reserved for cars and motorcycles, by the respective branches of access;

c) Enter a roundabout.

2 - Every driver is obliged to give way to vehicles leaving a level crossing.

3 - Any person who infringes the provisions of paragraph 1 shall be punished with a fine of (euro) 120 to (euro) 600, except in case of b), in which case the fine is (euro) 250 a euro) 1250.

4 - Any person who infringes the provisions of paragraph 2 shall be punished with a fine of (euro) 250 to (euro) 1250.

 

Article 32

Assignment of passage to certain vehicles

1 - Without prejudice to the provisions of paragraph 1 of the previous article, drivers must give way to military or militarized columns, as well as to police escorts.

2 - At intersections and junctions, drivers must give way to vehicles that move on rails.

3. Columns and escorts referred to in paragraph 1, as well as drivers of vehicles moving on rails, shall take the necessary precautions to avoid embarrassing traffic and to prevent accidents.

4 - The driver of a speedometer, an animal traction vehicle or an animal shall grant passage to motor vehicles, except in the cases referred to in points a) and c) of paragraph 1 of the previous article.

5 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 120 to (euro) 600.

 

SUBSECTION III Crossing of vehicles

 

Article 33

Impossibility of crossing

1 - If it is not possible to cross between two vehicles passing in opposite directions, the following shall be observed:

(a) When the carriageway is partially obstructed, the driver must be allowed to use the left side of the carriage to bypass the obstacle;

(b) where the roadway is too narrow or obstructed on both sides, the driver of the vehicle arriving at that section or, in the case of a steep incline, the driver of the descending vehicle shall give way.

2. If a reversing maneuver is necessary, the driver of the vehicle nearest to the place where the crossing is possible or, if the distances are identical, the driver shall:

(a) light vehicles, in the case of heavy vehicles;

(b) heavy goods vehicles, in the case of heavy passenger cars;

(c) of any vehicle, vis-a-vis a group of vehicles;

(d) in the case of vehicles of the same category, the one to be raised, unless it is manifestly easier to maneuver the driver of the descending vehicle.

3 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 60 to (euro) 300.

Article 34 Large vehicles

1 - Where the width of the carriageway, the cross-section or the condition of the roadway does not allow the crossing to be made safely, drivers of vehicles or combinations of vehicles with a width of more than 2 m or whose length, including the load, exceeds 8 m shall slow down and stop, if necessary, in order to facilitate it.

2 - Any person who violates the provisions of the preceding paragraph shall be punished with a fine of (euro) 60 to (euro) 300.

 

SECTION V

Some special maneuvers

 

SUBSECTION I

General Principle

 

Article 35

Common provision


1 - The driver can only carry out the maneuvers of overtaking, change of direction or road, reversal of the direction of travel and reverse in place and in such a way that their realization does not result in danger or embarrassment for traffic.

2 - Any person who violates the provisions of the preceding paragraph shall be punished with a fine of (euro) 120 to (euro) 600.

 

SUBSECTION II Overtaking

Article 36

General rule

1 - The overtaking must be done on the left.

2 - Any person who violates the provisions of the preceding paragraph shall be punished with a fine of (euro) 250 to (euro) 1250.

 

Article 37

 

Exceptions

1 - The right must be made for the passing of vehicles or animals whose driver, stating his intention duly, intends to change direction to the left or, in a one-way street, to stop or park on the left, provided, in any case , has left the far right of the lane free.

2 - The right may be made to overtake vehicles passing on rails provided they do not use that side of the roadway and:

a) Are not stopped for the entry or exit of passengers;

b) If there is a pedestrian shelter when standing in or out of passengers.

3 - Any person who infringes the provisions of paragraph 1 shall be punished with a fine of (euro) 120 to (euro) 600.

 

Article 38

 

Performing the maneuver

1 - The driver of a vehicle must not commence overtaking without making sure that it can carry out without danger of colliding with a vehicle passing in the same direction or in the opposite direction.

2. The driver shall in particular ensure that:

(a) the carriageway is free to the extent and width necessary to perform the maneuver safely;

b) He can take the right hand without danger to those who pass through it;

c) No driver following the same route or on the one immediately to the left started a maneuver to overcome it;

(d) The driver who preceded him on the same route did not indicate his intention to pass a third vehicle or to get around an obstacle.

3 - The driver should turn right as soon as he completes the maneuver and can safely do so.

4 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 120 to (euro) 600.

 

Article 39

 

Obligation to allow overtaking

1 - Every driver shall, whenever there is no obstacle preventing him, allow the driver to overtake, as far as possible to the right or, in the cases provided for in paragraph 1 of article 37, to the left and not increasing the speed until it is exceeded.

2 - Any person who violates the provisions of the preceding paragraph shall be punished with a fine of (euro) 120 to (euro) 600.

 

Article 40

Slow speed vehicles

1 - Outside of the localities, in lanes with only one traffic lane affecting each direction, drivers of heavy vehicles, agricultural vehicles, industrial machines, animal-drawn vehicles or other vehicles in transit vehicle shall keep a distance of not less than 50 m in relation to the preceding vehicles in order to safely

2 - The provisions of the preceding paragraph shall not apply when the drivers of the vehicles referred thereto prepare for overtaking and have duly indicated their intention.

3. Where the free width of the carriageway, its profile or the condition of the roadway does not allow normal overtaking with the necessary safety, drivers of vehicles referred to in paragraph 1 shall reduce speed and stop, if necessary, to facilitate overtaking.

4 - Any person who violates the provisions of paragraphs 1 and 3 shall be punished with a fine of (euro) 60 to (euro) 300.

 

Article 41

Prohibited overtaking

1 - Overtaking prohibited:

a) In the lombas;

b) Immediately before and at level crossings;

c) Immediately before and at junctions and junctions;

d) Immediately before and in the passages marked for the crossing of pedestrians;

e) In the curves of reduced visibility;

(f) in all places of insufficient visibility;

(g) where the width of the roadway is insufficient.

2 - The overtaking of a vehicle overtaking a third party is prohibited.

3. The provisions of paragraph 1 (a) to (c) and (e) and paragraph 2 shall not apply where two or more rows of traffic in the same direction are possible in the roadway, provided that the for the part of the carriage intended for traffic in the opposite direction.

4 - The provisions of paragraph c) of paragraph 1 are also not applicable when the right is exceeded in accordance with paragraph 1 of article 37.

5 - Any person who infringes the provisions of paragraphs 1 and 2 shall be punished with a fine of (euro) 120 to (euro) 600.

Article 42

 

Plurality of roads and traffic in parallel queues

In the cases provided for in Article 14 (2) and (3) and Article 15, the fact that vehicles in one queue move faster than another is not considered to be an overtaking for the purposes of this Code.

 

SUBSECTION III

Change of direction

 

Article 43

Turn right

1 - The driver wishing to change direction to the right must approach, as far as possible, as far as possible the right border of the lane and make the maneuver on the shortest route.

2 - Any person who violates the provisions of the preceding paragraph shall be punished with a fine of (euro) 60 to (euro) 300.

 

Article 44

Turn left

1 - The driver wishing to change direction to the left must approach the left edge of the carriageway or its axis as far in advance as possible, depending on whether the road is affected by one or both directions and maneuver in order to enter the road that it intends to take on the side intended for its direction of movement.

2 - If both the road to be abandoned and the one in which it is going to enter the traffic is processed in both directions, the driver must make the maneuver so as to give the left to the center of intersection of the two roads.

3 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 60 to (euro) 300.

 

SUBSECTION IV

Reversing the direction of travel

 

Article 45

Places where it is prohibited

1 - It is forbidden to reverse the direction of travel:

a) In the lombas;

b) At curves, intersections or junctions with reduced visibility;

c) In bridges, level crossings and tunnels;

(d) where the visibility is insufficient or the track, by its width or other characteristics, is inappropriate to the maneuver;

e) Whenever there is a high traffic intensity.

2 - Any person who violates the provisions of the preceding paragraph shall be punished with a fine of (euro) 120 to (euro) 600.

 

SUBSECTION V

Reverse gear

Article 46

 

Performing the maneuver

1 - The reverse gear is only allowed as an auxiliary or feature maneuver and must be carried out slowly and in the shortest possible distance.

2 - Any person who violates the provisions of the preceding paragraph shall be punished with a fine of (euro) 30 to (euro) 150.

 

Article 47

 

Places where it is prohibited

1. Without prejudice to Article 33 (2) for crossing vehicles, reverse gear is prohibited:

a) In the lombas;

b) In curves, roundabouts and crossings or junctions of reduced visibility;

c) In bridges, level crossings and tunnels;

(d) where the visibility is insufficient or the track, by its width or other characteristics, is inappropriate to the maneuver;

e) Whenever there is a high traffic intensity.

2 - Any person who violates the provisions of the preceding paragraph shall be punished with a fine of (euro) 120 to (euro) 600.

 

SUBSECTION VI

Parking and parking

 

Article 48

 

How to do it

1 - The immobilisation of a vehicle shall be deemed to be stopped for the time strictly necessary for the entry or exit of passengers or for short loading or unloading operations, provided that the driver is ready to restart and does so whenever he is preventing or to hinder the passage of other vehicles.

2 - Parking shall mean the immobilisation of a vehicle which does not constitute a stop and which is not motivated by circumstances specific to traffic.

3 - Outside the towns, stop and parking must be done outside of the carriageways or, if this is impossible and only in the event of a stop, as close as possible to the respective right border, parallel to it and in the direction of travel.

4 - Within the localities, stop and parking must be carried out in the places specially designated for that purpose and in the way indicated or in the roadway, as close as possible to the respective right boundary, parallel to it and in the direction of travel.

5 - When parking the vehicle, the driver must leave the necessary intervals for the exit of other vehicles, occupancy of the vacant spaces and easy access to the buildings, as well as taking the necessary precautions to prevent the vehicle from moving.

6 - Any person who violates the provisions of paragraphs 4 and 5 shall be punished with a fine of (euro) 30 to (euro) 150.

 

Article 49

 

Stopping or parking ban

1 - It is forbidden to stop or park:

(a) at rotundas, bridges, tunnels, level crossings, lower or higher crossings and in all places of insufficient visibility;

(b) less than 5 m on either side of crossings, junctions or roundabouts, without prejudice to paragraph (e) of this paragraph and paragraph 2 (a);

(c) less than 5 m forward and 25 m behind the signs indicative of the stop of vehicles for collective transport of passengers or less than 6 m behind those signs when the vehicles are on rails;

d) A menos de 5 m antes e nas passagens assinaladas para a travessia de peões ou de velocípedes;

(e) less than 20 m before the vertical or light signals if the height of the vehicles, including their load, covers them;

f) On the cycle tracks, on the directional islets, on the central plates of the roundabouts, on the sidewalks and other places destined for the pedestrian traffic;

(g) on ​​the roadway where it is marked with continuous longitudinal line and the distance between it and the vehicle is less than 3 m.

2 - Outside the towns, it is still prohibited:

a) Stop or park less than 50 m on either side of crossings, junctions, roundabouts, curves or low visibility lofts;

b) Parking in the carriageway;

c) Stopping at the carriageway, except under the conditions set forth in paragraph 3 of the previous article.

3 - Any person who infringes the provisions of paragraph 1 shall be punished with a fine of (euro) 30 to (euro) 150, except in the case of a stop or parking in pedestrian or bicycle passes and on walks, preventing the crossing of pedestrians , in which case the fine is from (euro) 60 to (euro) 300.

4 - Any person who infringes the provisions of paragraph 2 shall be punished with a fine of (euro) 60 to (euro) 300, except in the case of night parking at the carriageway, in which case the fine is (euro) 250 to (euro) 1250.

 

Article 50

 

Parking Prohibition

1 - Parking is prohibited:

(a) by preventing the transit of vehicles or by requiring the use of that part of the lane intended for the opposite direction, as the traffic is in one or both directions;

(b) in lanes, in the second row, and in all places where it prevents access to properly parked vehicles, the exit from them or the occupation of vacant posts;

c) In places where people or vehicles are accessed by property, parks or parking spaces;

(d) less than 10 m on either side of the level crossings;

(e) less than 5 m on either side of the fueling stations;

(f) in reserved places, by means of signs, to the parking of certain vehicles;

(g) from agricultural vehicles, industrial machinery, trailers or semi-trailers when not attached to the towing vehicle, except in specially designated car parks;

h) In parking areas of limited duration when their respective regulations are not complied with;

(i) vehicles bearing any information with a view to their transaction in car parks.

2 - Any person who fails to comply with the provisions of the preceding paragraph shall be punished with a fine of (euro) 30 to (euro) 150, except in the case of paragraphs c), f) and i) 60 to (euro) 300.

 

Article 51

Counting distances

The distances referred to in Article 49 (1) (b) and (a) shall include:

a) From the beginning or end of the curve or ridge;

(b) the extension of the nearest limit of the transverse carriage in all other cases.

 

Article 52

Stopping of public transport vehicles

1 - At carriageways, the driver of a vehicle used for collective passenger transport may only stop for the entry and exit of passengers in places specially designed for that purpose.

2 - If there are no places mentioned in the previous number, the stop should be made as close as possible to the right border of the lane.

3 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 30 to (euro) 150.

 

SECTION VI

Transport of persons and cargo

 

Article 53

General rules

1 - It is forbidden to enter, exit, load, unload or open the doors of vehicles without being completely immobilized.

2. The entry or exit of persons and loading or unloading operations shall be carried out as soon as possible, unless the vehicle is properly parked and the persons or cargo do not occupy the roadway and in such a way as not to cause danger or embarrassment to other users.

3 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 30 to (euro) 150.

 

 

Article 54

 

Transport of persons

1 - Persons should enter and exit the right or left side of the vehicle, depending on whether it is stopped or parked on the right or left of the roadway.

2 - Exceptions are:

(a) the driver's entry and exit when the steering wheel of the vehicle is located opposite the stop or parking lot;

(b) the entry and exit of the occupants of the front seat when the steering wheel of the vehicle is at the stop or parking side;

(c) cases specifically provided for in local regulations for public passenger transport vehicles.

3 - The transport of persons in numbers exceeding the capacity of the vehicle or in such a way as to jeopardize their safety or safety of driving shall be prohibited.

4 - The carriage of passengers outside seats shall also be prohibited, subject to the provisions of special legislation or except under exceptional conditions laid down in a regulation.

5 - Any person who infringes the provisions of paragraph 1 shall be punished with a fine of (euro) 30 to (euro) 150.

6 - Any person who violates the provisions of paragraphs 3 and 4 shall be punished with a fine of (euro) 60 to (euro) 300, applicable for each person transported unduly, and the vehicle must be detained until the situation is regularized.

 

 

Article 55

 

Transport of children by car

1. Children under 12 years of age and less than 150 cm in height, transported in vehicles equipped with safety belts, shall be secured by a type-approved restraint system adapted to their size and weight.

2 - The transport of the children referred to in the previous number must be carried out in the rear seat, except in the following situations:

(a) if the child is less than 3 years old and the carriage is carried using a rearward-facing restraint system, in which case the front airbag may not be activated in the passenger's seat;

(b) if the child is 3 years of age or older and the car does not have seat belts on the rear seat or does not have a seat.

3 - On vehicles that are not equipped with safety belts it is forbidden to carry children under 3 years of age.

4 - In the case of cars intended for public passenger transport, children may be transported without observing the provisions of the preceding paragraphs, provided they are not in the front seats.

5 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 120 to (euro) 600 for each child transported unduly.

 

 

Article 56

 

Cargo transport

1 - The loading and unloading shall be carried out either by the rear or by the side of the carriage at the edge of which the vehicle is stationary or stopped.

2. The transit of vehicles or animals loaded in such a way as to constitute danger or embarrassment to other road users or to damage marginal pavements, installations, works of art and buildings may be prohibited.

3 - The cargo arrangement shall provide that:

(a) the balance of the vehicle is properly secured, stopped or in motion;

(b) it can not fall on the roadway or oscillate in a way which renders transport dangerous or inconvenient or causes debris to be projected onto the public road;

c) Do not reduce the visibility of the driver;

d) Do not drag on the pavement;

(e) the animals' capacity is not exceeded;

(f) the height of 4 m from the ground is not exceeded;

(g) in the case of vehicles intended for the carriage of passengers, this does not prejudice the correct identification of signaling, lighting and registration plates and does not exceed the surrounding contours of the vehicle except under exceptional conditions laid down by regulation;

(h) in the case of vehicles intended for the carriage of goods, it shall be contained in length and width within the limits of the box, except under exceptional conditions laid down by regulation;

(i) in the case of carriage of goods in bulk, it does not exceed the height defined by the upper edge of the taipals or similar devices.

4 - The vehicle's surrounding contours are vertical planes passing through its end points.

5 - Any person who violates the provisions of paragraphs 1 and 2 shall be punished with a fine of (euro) 60 to (euro) 300.

6 - Any person who violates the provisions of paragraph 3 shall be punished with a fine of 120 euros (euro) 600, if a more severe penalty is not applicable, and the immobilization of the vehicle or its that the situation is regularized.

 

SECTION VII

Vehicle weight and size limits

 

Article 57

 

Traffic ban

1 - Vehicles whose gross weights, axle weights or dimensions exceed the general limits set by regulation may not be carried on public roads.

2 - Any person who violates the provisions of the preceding paragraph shall be punished with a fine of (euro) 600 to (euro) 3000.

 

 

Article 58

 

Special Authorization

1 - Under the conditions laid down in a regulation, the competent authority may authorize the transit of vehicles of greater weight or size than those legally established or carrying indivisible objects that exceed the limits of the respective box.

2 - The regulations referred to in the preceding paragraph shall include situations in which the transit of such vehicles depends on special authorization.

3 - An indivisible object is considered to be one that can not be split without loss of economic value or function.

4 - The owners of vehicles may be required to provide a guarantee or insurance to guarantee civil liability for damage attributable to them, as well as other necessary or convenient safeguards for traffic safety, or regarding the maintenance of technical conditions and of the vehicle.

5 - Anyone who, during the inspection, does not submit an authorization, when required, shall be punished with a fine of 600 euros (euro) 3000, unless it is submitted within eight days to the authority indicated by the supervisor, in which case the fine is from (euro) 60 to (euro) 300.

6. Failure to comply with the limits of weight and size or of the route established in the regulation referred to in paragraph 1 or in the authorization granted pursuant to paragraph 2 shall be punished with a fine of 600 euros ) 3000.

7 - Failure to comply with other conditions imposed by the same regulation or included in the authorization shall be punished with a fine of (euro) 120 to (euro) 600.

8. In the cases provided for in paragraphs 6 and 7, the immobilisation of the vehicle or its movement to an appropriate place may be determined until the situation is regularized.

 

SECTION VIII

Lighting

 

 

Article 59

General rules

1. Light-signaling devices and reflectors to be fitted to vehicles and their characteristics shall be laid down in a regulation.

2 - The use of forward-facing red or red reflector or light or white reflector shall be prohibited, except for:

(a) reversing lamp and registration plate;

(b) special warning lights provided for in Article 23;

(c) lighting and signaling devices used on vehicles moving under the provisions of Article 58

3 - It is sanctioned with a fine of (euro) 60 to (euro) 300 who:

(a) drive a vehicle which does not have one or more of the devices provided for in the Regulation referred to in paragraph 1;

(b) put into circulation vehicles using devices not provided for in that Regulation or which, if provided for, do not comply with the characteristics or modes of installation fixed therein;

c) Violate the provisions of paragraph 2.

4 - It is sanctioned with a fine of (euro) 30 to (euro) 150 who:

(a) drive a vehicle which does not have one or more of the reflectors provided for in the Regulation referred to in paragraph 1;

(b) put into circulation vehicles using reflectors not provided for in that Regulation or which, if provided, do not comply with the characteristics or modes of installation fixed therein;

c) Notwithstanding the provisions of no. 2 of article 62, drive a vehicle with a fault in some or some of the devices provided for in paragraph 1.

 

Article 60

Use of lights

1 - The lighting devices to be used by the conductors are as follows:

(a) main-beam headlamps intended to illuminate the vehicle's lane for a distance of not less than 100 m;

(b) dipped-beam headlamp (middle) intended to illuminate the vehicle's lane for a distance of up to 30 m;

(c) front fog lamp intended to improve the illumination of the road in the event of fog or other situations of reduced visibility;

(d) reversing lamp intended to illuminate the road to the rear of the vehicle and warn other users that the vehicle is or will reverse.

2 - The light-signaling devices to be used by the conductors are as follows:

(a) presence lamps, intended to indicate the presence and width of the vehicle, when viewed from the front and rear, with the front 'minimum' markings;

(b) a turn signal lamp intended to indicate to other users the intention to change direction;

(c) danger warning lamps to indicate that the vehicle presents a special danger to other users and consists of the simultaneous operation of all direction indicators;

(d) stop lamp intended to indicate to other users the operation of the service brake;

(e) rear fog lamp, designed to make the vehicle more visible in the event of intense fog or other situations of significant visibility reduction.

 

Article 61

Conditions of use of lights

1 - From dusk to dawn and even during the day when there are weather or environmental conditions that render visibility insufficient, especially in case of fog, heavy rain, snowfall, clouds of smoke or dust, drivers should use following lights:

(a) presence while awaiting the opening of a level crossing and also during stopping or parking in places where lighting does not allow easy recognition of the vehicle at a distance of 100 m;

(b) crossing, in places where the illumination allows the driver a visibility of not less than 100 m, at the intersection with other vehicles, persons or animals, when the vehicle is passing less than 100 m from the one preceding it, at the level crossing approach closed or during the stopping or holding of the vehicle;

c) Road, in all other cases;

d) Fog, whenever the meteorological or environmental conditions impose it, on the vehicles that must be equipped with them.

2 - It is forbidden to use fog lamps whenever weather or environmental conditions do not justify it.

3. Notwithstanding paragraph 1, drivers of vehicles engaged in the transport of dangerous goods shall carry the daytime running lights with the dipped-beam headlamps on.

4 - Notwithstanding the provisions of paragraph 1, the use of dipped-beam headlamps shall be compulsory during the day in tunnels marked as such and in reversible directions.

5 - Except as provided in the following paragraph and if a more severe sanction is not applicable by virtue of a special provision, anyone who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 30 to (euro) 150.

6 - Any person who uses the highs at the intersection with other vehicles, people or animals or when the vehicle is traveling less than 100 m from the one preceding it or during the stopping or holding of the vehicle, shall be punished with a fine of (euro) 60 a (euro) 300.

 

Article 62

Fault in lights

1. Where the use of lighting and light-signaling devices is required under paragraph 1 of the preceding article, the transit of vehicles with breakdown of the devices referred to in paragraph 1 (b) and in paragraph 2 of article 60, except as provided in the following paragraph.

2 - The traffic of vehicles with damaged lights is allowed when they have at least:

(a) two mid-gauges, or a left-hand mean and two forward minimums, a left-hand indicator and one of the stop lamps, where mandatory, at the rear; or

(b) hazard warning lamps, in which case they may only transit for the time strictly necessary to a place of stopping or parking.

3 - The failure of the lights, when it occurs on a motorway or a road reserved for cars and motorcycles, imposes the immediate immobilization of the vehicle outside the carriageway, unless it has the lights referred to in sub-paragraph a) of the preceding paragraph, that circulation is allowed to the nearest service area or exit.

4 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 60 to (euro) 300, and the vehicle identification document shall be seized in accordance with the terms and foreseen in paragraph f) of paragraph 1 and in Article 161 (6).

 

Article 63

Hazard warning

1 - Where the vehicle presents a special danger to other road users, the hazard warning lamps shall be used.

2 - Drivers must also use the lights referred to in the preceding paragraph in the event of sudden reduction in speed caused by unforeseen obstacles or special meteorological or environmental conditions.

3 - Drivers must also use the lamps referred to in paragraph 1, provided that they are in working condition:

a) In the event of the vehicle being stopped due to an accident or a breakdown, whenever it represents a danger to other road users;

b) When the vehicle is being towed.

4 - In the cases referred to in the previous paragraph, if the use of hazard warning lights is not possible, the hazard warning lamps shall be used if they are in working condition.

5 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 60 to (euro) 300.

 

SECTION IX

Emergency service and special transport

 

 

Article 64

Transit of vehicles in emergency service

1 - Drivers of vehicles traveling on police, relief or urgent service in the public interest, stating their march properly, may, when their mission so requires, stop observing the rules and traffic signs, but shall comply with the orders of the traffic regulators.

2 - However, in no case may such drivers jeopardize other road users and shall in particular be obliged to suspend their journey:

(a) in the presence of the red traffic light, although they may continue, after taking appropriate precautions, without waiting for the signs to change;

b) At the signal of mandatory stop at junction or junction.

3 - The urgent march shall be marked by the use of the special audible warning devices referred to in Articles 22 and 23 respectively.

4 - If the vehicles are not equipped with the devices mentioned in the previous number, the urgent march can be indicated:

a) alternately using the maxima with the mids; or

b) During the day, using the beeps repeatedly.

5. The use of the signals that identify the operation of the vehicles referred to in paragraph 1 shall be prohibited when they do not travel on an urgent mission.

6 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 120 to (euro) 600.

 

Article 65

Pass-Through

1 - Without prejudice to the provisions of paragraph b) of paragraph 1 and paragraph 2 of article 31, any driver shall assign the pass to the drivers of the vehicles referred to in the previous article.

2 - Whenever the ways in which these vehicles circulate, of which they are going to leave or in which they are going to enter are congested, the other drivers should lean as far as possible to the right, occupying, if necessary, the berm.

3 - Except as provided in the preceding paragraph:

a) Public roads where there are aisles;

(b) motorways and lanes reserved for cars and motorcycles, where drivers must clear the berm.

4 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 120 to (euro) 600.

 

Article 66

Transit of vehicles engaged in special transport

Transit, stop and parking on public thoroughfares of vehicles carrying loads which by their nature or other characteristics so warrant can be regulated by regulation.

 

 

SECTION X

Transit on certain roads or sections

 

 

SUBSECTION I

Transit at level crossings

 

 

Article 67

Crossing

1 - The driver may only initiate crossing of a level crossing, even if the signs permit it, after making sure that the traffic intensity does not oblige him to immobilize the vehicle on it.

2 - The driver must not enter the level crossing:

(a) as long as the means of protection are crossed on public roads or in motion;

(b) where the instructions of the railway agents or existing signs prohibit it.

3 - If the level crossing does not have protection or signaling, the driver may only start traversing after making sure that no railway vehicle is approaching.

4 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 120 to (euro) 600.

 

Article 68

Forced immobilization of vehicle or animal

1. In the event of a vehicle or animal being stopped or a load placed on a level crossing, the driver shall immediately remove it or, if this is not possible, take the necessary measures to ensure that drivers of may perceive the presence of the obstacle.

2 - Any person who violates the provisions of the preceding paragraph shall be punished with a fine of (euro) 120 to (euro) 600.

 

 

SUBSECTION II

Transit at intersections and junctions

 

 

Article 69

Crossing

1 - The driver shall not enter a crossing or junction, even if the rules of lane-passing or light-signaling permit it, if it is foreseeable that, in view of the intensity of traffic, it will be immobilized therein, disturbing the transverse movement.

2. A driver immobilized at a crossing or junction where traffic is regulated by a light-signaling device may leave the traffic without waiting for the traffic to open in its direction of transit, provided that it does not disturb other users.

3 - Any person who infringes the provisions of paragraph 1 shall be punished with a fine of (euro) 30 to (euro) 150.

 

 

SUBSECTION III

Parks and parking areas

Article 70

General rules

1 - At points on the public thoroughfare which are specially intended for parking, when properly marked, drivers may not transit or cross the demarcation lines therein for purposes other than parking.

2 - Parks and parking areas may be assigned to vehicles of certain categories, and their use may be limited in time or subject to the payment of a fee, under the terms set forth in a regulation.

3 - In parks and parking areas, by means of signs, places may be reserved for the parking of vehicles assigned to the service of certain entities or used for the transportation of persons with disabilities.

4 - Any person who violates the provisions of paragraph 1 shall be punished with a fine of (euro) 30 to (euro) 150.

 

Article 71

Parking prohibited

1 - In parks and parking areas it is forbidden to park:

(a) vehicles intended for the sale of any articles or advertising of any kind;

b) Heavy vehicles used in public transport, when not in service, exceptions provided for in local regulations;

(c) vehicles of categories other than those to which the park, zone or place of parking has been exclusively assigned in accordance with paragraphs 2 and 3 of the preceding article;

d) For a time superior to that established or without payment of the rate established in accordance with paragraph 2 of the previous article.

2 - Any person who violates the provisions of the preceding paragraph shall be punished with a fine of:

(a) (euro) 30 to (euro) 150 if the provisions of subparagraphs (b) and (d) are concerned;

(b) (euro) 60 to (euro) 300, if the provisions of subparagraphs (a) and (c) are concerned.

 

 

SUBSECTION IV

Transit on motorways and similar roads

 

 

Article 72

Motorways

1 - On motorways and their accesses, when duly signaled, the transit of pedestrians, animals, traction vehicles, cycles, mopeds, motorcycles and tricycles of a capacity not exceeding 50 cm3, quadricycles, agricultural vehicles, tourist trains , as well as vehicles or combinations of vehicles not capable of reaching a speed exceeding 60 km / h or for which a maximum speed equal to or less than that value has been fixed.

2 - On motorways and their accesses, when duly signaled, it is forbidden to:

a) Circular without using the regulatory lights, in accordance with this Code;

(b) stop or park, even off-road, except in places specially designated for that purpose;

c) Invert the direction of travel;

d) To reverse;

e) Transpose the traffic separators or the openings in them.

3 - Any person who infringes the provisions of paragraph 1 and paragraphs 2 (a) and 2 (b) shall be punished with a fine of (euro) 120 to (euro) 600, except in the case of stop or parking in the taxiway , in which case the fine is (euro) 250 to (euro) 1250.

4 - Anyone who moves in the opposite direction to the legally established or infringes the provisions of paragraphs 2 c) to e) shall be punished with a fine of (euro) 500 to (euro) 2500, if a more serious penalty is not applicable by virtue of other legal provision.

 

Article 73

Entry and exit of motorways

1 - The entrance and exit of motorways is made only by the accesses for this purpose intended.

2. If there is an acceleration path, the driver wishing to enter the motorway must use it, adjusting its speed in order to take the adjacent traffic lane without danger or embarrassment for the vehicles passing through it.

3 - A driver who wishes to exit a motorway must occupy the rightmost traffic route in advance and, if there is a slowdown, enter it as soon as possible.

4 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 250 to (euro) 1250.

 

Article 74

Transit of heavy goods vehicles or combinations of vehicles

1 - On motorways or sections of motorways with three or more traffic lanes connected to the same direction, drivers of heavy goods vehicles or combinations of vehicles whose length exceeds 7 m may only use the two traffic lanes plus right.

2 - Any person who violates the provisions of the preceding paragraph shall be punished with a fine of (euro) 120 to (euro) 600.

 

Article 75

Roads reserved for cars and motorcycles

The provisions of this Subsection shall apply to transit on roads reserved for cars and motorcycles.

 

 

SUBSECTION V

Reserved roads, circulation corridors and special lanes

 

 

Article 76

Reserved roads

1. Public road lanes may, by means of signs, be reserved for the transit of vehicles of certain species or for vehicles intended for certain types of transport, and their use by drivers of any other shall be prohibited.

2 - Any person who violates the provisions of the preceding paragraph shall be punished with a fine of (euro) 120 to (euro) 600.

Article 77

Circulation corridors

1 - Road traffic corridors intended for the transit of vehicles of certain species or for vehicles intended for certain types of transport may be established on public roads and their use by drivers of any other traffic shall be prohibited.

2 - The use of the roads referred to in the previous paragraph, to the extent strictly necessary, shall be permitted for access to garages, properties and parking spaces or, where the signs permit, to make the change of direction maneuver. intersection or nearest junction.

3 - Any person who infringes the provisions of paragraph 1 shall be punished with a fine of (euro) 120 to (euro) 600.

 

Article 78

Special tracks

1 - When there are lanes specially intended for animals or vehicles of certain species, the transit of these must be done by those lanes.

2 - The use of the lanes referred to in the preceding paragraph shall be prohibited to any other vehicles, except for access to garages, properties and parking places or, when the signs permit, to make the change of direction maneuver at the intersection or junction closer.

3 - On lanes intended for bicycles, the traffic of those with more than two wheels which are not arranged in line or which tow a trailer, shall be prohibited.

4 - Pedestrians may only use the lanes referred to in the preceding paragraph when there are no places specially designated for them.

5 - Persons who use skates, scooters or other similar means of movement shall use the lanes referred to in paragraph 3, where these exist.

6 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 30 to (euro) 150, except in case of paragraph 4, in which case the fine is .

 

 

SECTION XI

Pollution

 

 

Article 79

Pollution of soil and air

1 - The transit of motor vehicles which emit smoke or gases in quantities greater than those fixed by regulation or which spill oil or any other substances shall be prohibited.

2 - It is forbidden for the driver and passengers to throw any objects out of the vehicle.

3 - Any person who infringes the provisions of paragraph 1 shall be punished with a fine of (euro) 120 to (euro) 600.

4 - Any person who infringes the provisions of paragraph 2 shall be punished with a fine of (euro) 60 to (euro) 300.

 

Article 80

Noise pollution

1 - Driving and loading and unloading operations must be carried out in such a way as to avoid unpleasant noise.

2 - Transit of motor vehicles that emit noises higher than the ceilings set in a proper diploma is prohibited.

3 - In the use of radio or sound reproduction equipment installed in the vehicle, it is forbidden to exceed the maximum sound limits set in a specific diploma.

4 - The conditions for the use of anti-theft sound alarm devices in vehicles may be fixed by regulation.

5 - Any person who infringes the provisions of paragraph 1 shall be punished with a fine of (euro) 30 to (euro) 150.

6 - Any person who violates the provisions of paragraphs 2 and 3 shall be punished with a fine of (euro) 60 to (euro) 300, if a more serious penalty is not applicable by virtue of another legal document.

 

 

SECTION XII

Special safety rules

 

 

Article 81

Driving under the influence of alcohol or psychotropic substances

1 - It is forbidden to drive under the influence of alcohol or psychotropic substances.

2 - A driver who has a blood alcohol content equal to or greater than 0.5 g / l or who, after examination under the terms of this Code and complementary legislation, is considered medical report.

3 - The conversion of the alcohol content in the expired air content (SAT) into blood alcohol content (SAD) is based on the principle that 1 mg of alcohol per liter of expired air is equivalent to 2.3 g of alcohol per liter of blood.

4 - A driver is considered to be under the influence of psychotropic substances, which, after examination under this Code and complementary legislation, is considered as such in a medical or expert report.

5 - Any person who infringes the provisions of paragraph 1 shall be punished with a fine of:

(a) (euro) 250 to (euro) 1250 if the blood alcohol content is equal to or greater than 0,5 g / l and less than 0,8 g / l;

(b) (euro) 500 to (euro) 2500 if the rate is equal to or greater than 0,8 g / l and less than 1,2 g / l or, if it is impossible to quantify that rate, the driver is considered to be influenced by alcohol in a medical report or even if he or she is under the influence of psychotropic substances.

 

Article 82

Use of safety accessories

1 - The driver and passengers transported in automobiles are obliged to use the belts and other safety accessories with which the vehicles are equipped.

2 - The following regulations are established:

(a) the exceptional conditions of exemption or exemption from the obligation to use the accessories referred to in paragraph 1;

b) The method of use and technical characteristics of the same accessories.

3. Drivers and passengers of mopeds, motorcycles with or without sidecar, tricycles and quadricycles shall protect the head using an officially approved, suitably adjusted and tightly fitted helmet.

4 - The provisions of the preceding paragraph shall not apply to drivers and passengers of vehicles equipped with a rigid box or vehicles with a rigid protective structure and safety belts.

5 - Drivers and passengers of motorized scooters and motorized scooter drivers must protect the head using a properly fitted and tight helmet.

6 - Anyone who fails to use or incorrectly use the safety accessories provided for in this Article shall be punished with a fine of 120 euros (euro) 600, except as provided for in paragraph 5, in which case the fine is (euro) 60 to (euro) 300.

 

Article 83

Professional driving of transport vehicles

For safety reasons, driving and rest times may be defined for professional drivers of transport vehicles and, in addition, more than one person entitled to drive the same vehicle may be required.

 

Article 84

Prohibition on the use of certain appliances

1 - The driver shall be prohibited from using any type of equipment or apparatus which may be harmful to driving, in particular sound headphones and radiotelephone apparatus.

2 - Exceptions to the previous number:

(a) apparatus fitted with a headset or microphone with a loud-speaker system, the use of which does not involve continued handling;

b) The equipment used during the teaching of the driving and its examination, in the terms fixed in regulation.

3. The installation and use of any apparatus, devices or products likely to reveal the presence or disturbance of the operation of instruments intended for the detection or registration of infringements shall be prohibited.

4 - Any person who infringes the provisions of paragraph 1 shall be punished with a fine of (euro) 120 to (euro) 600.

5 - Any person who infringes the provisions of paragraph 3 shall be punished with a fine of (euro) 500 to (euro) 2500 and with loss of objects, and the supervisor shall immediately remove and seize or, if this is not possible, seize the identification document of the vehicle until the actual removal and seizure of those objects, in which case the provisions of paragraph 5 of article 161 will apply.

 

 

SECTION XIII

Documents

 

 

Article 85

Documents that the driver must bear

1 - Whenever a motor vehicle crosses the public road, its driver must bear the following documents:

a) Legal document of personal identification;

b) Driving title;

c) Certificate of insurance.

2. In the case of a motor vehicle, motorcycle, tricycle, quadricycle, moped, agricultural or forestry tractor or trailer, the driver must also carry the following documents:

a) Title of registration of ownership of the vehicle or equivalent document;

b) Vehicle identification document;

c) Periodic inspection of the vehicle, when it is compulsory under the legal terms.

3 - In the case of a speedometer or an animal traction vehicle, the respective driver must carry a legal document of personal identification.

4. A driver who is not accompanied by one or more of the documents referred to in paragraphs 1 and 2 shall be punished with a fine of (euro) 60 to (euro) 300, unless he presents them within eight days to the authority indicated by an enforcement agent, in which case he is punished with a fine of (euro) 30 to (euro) 150.

5 - Any person who violates the provisions of paragraph 3 shall be punished with a fine of (euro) 30 to (euro) 150.

 

Article 86

Special Prescriptions

1 - The driver who has been registered in his driving title the use of lenses, dentures or other devices must use them while driving.

2 - Any person who violates the provisions of the preceding paragraph shall be punished with a fine of (euro) 60 to (euro) 300.

 

 

SECTION XIV

Behavior in case of breakdown or accident

 

 

Article 87

Forced immobilization due to breakdown or accident

1. In the event of a vehicle being stopped due to a breakdown or accident, the driver must immediately carry out regular parking or, if this is not practicable, withdraw the vehicle from the road or approach it as close as possible to the right limit and promote its rapid removal from the public highway.

2. In the circumstances referred to in the preceding paragraph, persons not involved in the operations of removal or repair of the vehicle shall not remain in the lane.

3 - As long as the vehicle is not properly parked or removed, the driver must take the necessary steps to make the others aware of his presence, using both signaling devices and warning lights.

4 - It is forbidden to repair vehicles on public roads, unless it is indispensable to remove them or, in the case of easily repaired faults, to continue the journey.

5 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 60 to (euro) 300 or a fine of (euro) 120 to (euro) 600 when the offense is committed by motorway or by way reserved for cars and motorcycles, if another more serious sanction is not applicable.

 

Article 88

Pre-warning of danger

1 - All motor vehicles in circulation, except those with only two or three wheels, motor cultivators and quadricycles without a box shall be equipped with a danger sign and a vest, both retroreflective and officially registered. approved.

2 - The use of the hazard sign shall be mandatory whenever the vehicle is immobilized on the carriage or on the road or on the road, without prejudice to the provisions of this Code concerning the illumination of vehicles.

3. The signal shall be placed perpendicular to the road surface and to the carriageway axis at a distance of not less than 30 m from the rear of the vehicle or from the load to be signaled and in such a way that it is clearly visible at a distance of at least less, 100 m.

4. In the circumstances referred to in paragraph 2, whoever places the danger signaling signal, repairs the vehicle or removes the load shall use the retro-reflective vest.

5 - By regulation, the characteristics of the danger sign and the retro-reflective vest are fixed.

6 - Any person who infringes the provisions of paragraph 1 shall be punished with a fine of (euro) 60 to (euro) 300, for each missing equipment.

7 - Any person who violates the provisions of paragraphs 2 to 4 shall be punished with a fine of (euro) 120 to (euro) 600.

 

Article 89

Identification in case of accident

1 - The driver involved in an accident must provide the other interveners with their identification, that of the owner of the vehicle and that of the insurer, as well as the number of the policy, showing, when requested, the supporting documents.

2 - If the accident results in death or injury, the driver must wait, on the spot, for the arrival of an agent of authority.

3 - Any person who infringes the provisions of paragraph 1 shall be punished with a fine (euro) 120 to (euro) 600.

4 - Any person who violates the provisions of paragraph 2 shall be punished with a fine of (euro) 500 to (euro) 2500, if a more serious penalty is not applicable.

 

CHAPTER II

Special provisions for motorcycles, mopeds and bicycles

 

SECTION I

Special Rules

 

Article 90

Driving rules

1. Drivers of motorcycles, mopeds or bicycles shall not:

a) Driving with the hands outside the handlebar, except to signal any maneuver;

b) Follow with the feet off the pedals or supports;

c) To be towed;

d) Raise the front or rear wheel when starting or in circulation;

e) To keep abreast, unless they transit in special lane and do not cause danger or embarrassment for the transit.

2 - Cyclone drivers shall travel as close to berms or sidewalks as possible, even in cases where, in the same direction of traffic, two or more rows are possible.

3 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 60 to (euro) 300, unless he is a driver of a speedometer, in which case the fine is from euro 30 to euro 150.

 

 

SECTION II

Passenger and freight transport

 

 

Article 91

Transportation of passengers

1 - On motorcycles, tricycles, quadricycles and mopeds, the transport of passengers of less than 7 years old is prohibited, except in the case of vehicles equipped with a rigid box not only for the carriage of cargo.

2 - Cycles may only carry their driver unless they are equipped with more than one pair of pedals capable of operating the vehicle, in which case the maximum number of persons to be transported corresponds to the number of pairs of pedals.

3 - Except as provided in the preceding paragraph, the transport of children in devices specially adapted for this purpose, provided that they wear a helmet that has been duly approved.

4 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 60 to (euro) 300.

Article 92

Cargo transport

1 - The transport of cargo on motorcycle, tricycle, quadricycle, moped or speed-boat can only be done in a trailer or a cargo box.

2 - It is prohibited for drivers and passengers of the vehicles referred to in the preceding paragraph to carry objects that may impair driving or constitute a danger to the safety of people and things or embarrassment to transit.

3 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 60 to (euro) 300.

 

 

SECTION III

Lighting

 

 

Article 93

Use of lights

1 - On motorcycles, tricycles, quadricycles and mopeds, the use of light-signaling and lighting devices is mandatory under all circumstances.

2. Without prejudice to Article 61 (1), motorcyclists and mopeds shall ride with the dipped-beam headlamp on.

3 - Where, in accordance with Article 61, the use of a lighting device is compulsory, cycles may only be operated using devices which, for this purpose, are fixed by regulation.

4 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 60 to (euro) 300, if a more severe sanction is not applicable.

 

Article 94

Fault in lights

1. In the event of failure of lights for motorcycles, tricycles, quadricycles and mopeds, the provisions of article 62 shall apply mutatis mutandis.

2. In the event of failure of the lights, the bicycles shall be hand driven.

3 - Any person who infringes the provisions of paragraph 2 shall be punished with a fine of (euro) 30 to (euro) 150.

 

Article 95

Hazard warning

The provisions of Article 63, with the necessary adaptations, shall apply to motorcycles, tricycles, quadricles and mopeds, when fitted with direction-lamps.

 

 

SECTION IV

Penalties applicable to drivers of bicycles

 

Article 96

Remission

The fines provided for in this Code shall be reduced by half in their minimum and maximum limits when applicable to drivers of bicycles, except in the case of fines specifically fixed for these drivers.

 

CHAPTER III

Special provisions for animal traction vehicles and animals

 

Article 97

Special Rules

1 - Drivers of animal or animal traction vehicles must drive them in such a way as to always maintain control of their movement and to avoid impediment or danger to transit.

2 - In bridges, tunnels and level crossings, animal drivers, whether or not towed, must follow them in step.

3 - The entrance of livestock in the public road must be duly indicated by the respective driver and made by roads or services for that purpose intended.

4. Where the use of light-signaling devices is required under Article 61, drivers of animal-drawn vehicles or group animals shall use a white lantern, visible in both directions of transit .

5 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 30 to (euro) 150.

6 - The owner of an animal that allows him to wander in the public road in order to prevent or endanger the transit is sanctioned with a fine of (euro) 30 to (euro) 150.

 

Article 98

Local regulations

In all that is not foreseen in this Code, the transit of vehicles of animal traction and animals is subject of local regulation.

 

 

TITLE III

From pedestrian traffic

Article 99

Places where they can transit

1 - The pedestrians must transit through the sidewalks, lanes or passages intended for them or, failing that, by the shoulders.

2 - Pedestrians may, however, transit through the roadway with care and in such a way as not to hinder traffic in the following cases:

(a) when they cross;

(b) in the absence of the places referred to in paragraph 1 or inability to use them;

(c) when carrying objects which by their size or nature may constitute a danger to the transit of other pedestrians;

(d) on public roads where traffic in vehicles is prohibited;

e) When they continue in organized formation under the guidance of a monitor or in procession.

3. In the cases provided for in points b), c) and e) of the preceding paragraph, pedestrians may transit through the lanes referred to in article 78, provided that the intensity of the traffic permits and does not affect the circulation of the vehicles or animals to which they are affected.

4 - When pedestrians transit from dusk to dawn and whenever visibility conditions or traffic intensity advise them, pedestrians must transit in a single queue, except when they follow a procession or organized formation as Article 102

5 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 10 to (euro) 50.

6 - Any person who, in breach of his or her care and protection duties, does not prevent children under the age of 16 who, for whatever reason, are in their charge from playing on public roadways, shall be punished with a fine of (euro) 30 to (euro) 150.

 

Article 100

Position to occupy on road

1 - Pedestrians must cross to the right of the places assigned to them, except in cases provided for in paragraph d) of no. 2 of the previous article.

2 - In the cases provided for in points b) and c) of paragraph 2 of the previous article, pedestrians must cross the left side of the lane, unless this compromises their safety.

3 - In the cases provided for in points b), c) and e) of paragraph 2 of the previous article, pedestrians must transit as close as possible to the border of the lane.

4 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 10 to (euro) 50.

 

Article 101

Crossing the lane

1 - Pedestrians shall not be able to cross the roadway without first making sure that, taking into account the distance between them and the speed of their vehicles, they may do so without risk of accident.

2. The crossing of the lane shall be made as soon as possible.

3 - Pedestrians may only cross the carriageway in specially marked lanes or, where none exists at a distance of less than 50 m, perpendicular to the carriageway axis.

4 - Pedestrians must not stop at the roadway or use the sidewalks in order to hinder or disturb traffic.

5 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 10 to (euro) 50.

 

Article 102

Lighting of processions and organized formations

1 - Whenever they cross the road from dusk to dawn and whenever visibility conditions advise them, organized processions and events should mark their presence with at least one white light directed to the front and a red light directed towards the rear, both on the left side of the courtship or formation, as well as through the use of at least two retroreflective vests, one at the beginning and one at the end of the formation.

2 - Any person who violates the provisions of the preceding paragraph shall be punished with a fine of (euro) 30 to (euro) 150.

 

Article 103

Caring for drivers

1 - When approaching a marked pedestrian crossing, where traffic is regulated by light-signaling, the driver, even if the signpost allows him to move forward, shall allow pedestrians who have already started crossing the running.

2 - When approaching a pedestrian crossing, where the traffic of vehicles is not regulated either by traffic lights or by an agent, the driver must slow down and, if necessary, stop to let pedestrians crossing the lane.

3 - When changing direction, the driver, even if there is no marked crossing for pedestrians, must reduce his speed and, if necessary, stop in order to let pedestrians crossing the that will enter.

4 - Any person who violates the provisions of the preceding paragraphs shall be punished with a fine of (euro) 120 to (euro) 600.

 

Article 104

Equalization

It is equated with pedestrian traffic:

a) Driving of hand cars;

(b) the hand-held driving of two-wheeled bicycles without a car and the carriage of children or persons with disabilities;

(c) the transit of persons using scooters, skates or other similar means of movement, without motor;

(d) the transit of wheelchairs equipped with an electric motor;

(e) Handling of motor cultivators without trailer or retrotrem.

 

 

TITLE IV

Of vehicles

 

CHAPTER I

Classification of vehicles

 

Article 105

Automobiles

The motor vehicle is a propulsion-driven vehicle with at least four wheels, with a tare weight exceeding 550 kg, the maximum design speed of which is more than 25 km / h and is intended, for its function, to public road, without being subject to rails.

 

Article 106

Classes and types of automobiles

1 - Cars are classified in:

(a) Passenger cars - vehicles weighing not less than 3500 kg and not more than nine seats, including that of the driver;

(b) Heavy vehicles - vehicles with a gross weight of more than 3500 kg or more than nine seats, including that of the driver.

2 - Light or heavy vehicles are classified according to their use into the following types:

(a) passengers - vehicles intended for the transport of persons;

(b) goods - vehicles intended for the carriage of goods.

3 - Passenger cars and goods intended for the performance of duties other than the normal carriage of passengers or goods shall be regarded as special and shall be designated by regulation in accordance with their intended purpose.

4 - The categories of vehicles for the purpose of model approval are fixed by regulation.

 

Article 107

Motorcycles, mopeds, tricycles and quadricycles

1 - Motorcycle is the vehicle with two wheels, with or without side-car, with a propulsion engine with a displacement of more than 50 cm3, in the case of an internal combustion engine, or which, by construction, exceeds the speed of 45 km /H.

2 - Moped is the vehicle with two or three wheels, with a maximum design speed not exceeding 45 km / h, and whose engine:

(a) in the case of two-wheel mopeds, having a cylinder capacity not exceeding 50 cm3 in the case of an internal combustion engine or having a maximum power not exceeding 4 kW, in the case of an electric motor;

(b) in the case of three-wheel mopeds, having a cylinder capacity not exceeding 50 cm3 in the case of a positive-ignition engine or having a maximum power not exceeding 4 kW in the case of other internal combustion engines or electric motors.

3 - Tricycle is the vehicle with three wheels arranged symmetrically, having a propulsion engine with a displacement greater than 50 cm3, in the case of an internal combustion engine, or which, by construction, exceeds the speed of 45 km / h.

4 - Quadricycle is the vehicle with four wheels, being classified in:

(a) Light vehicle with a maximum design speed of up to 45 km / h, with an unladen mass not exceeding 350 kg, excluding the mass of the batteries in the electric vehicle, and having a engine of a cylinder capacity not exceeding 50 cm3 in the case of a positive-ignition engine or whose maximum power does not exceed 4 kW in the case of other internal combustion or electric motor engines;

(b) Heavy - vehicle with an engine power not exceeding 15 kW and whose unladen mass, excluding the mass of the batteries in the case of electric vehicles, does not exceed 400 kg or 550 kg, depending on whether it is intended for the carriage of passengers or of goods.

 

Article 108

Agricultural vehicles

1 - Agricultural or forestry tractor is a propulsion motor vehicle with two or more axles, the main function of which is traction power, specially designed for use with trailers, implements or other machinery intended for agricultural or forestry use.

2 - Agricultural or forestry machinery is a propulsion motor vehicle with two or more axles, intended solely for the execution of agricultural or forestry work, which is only exceptionally carried on the public road and is considered heavy or light depending on whether its gross weight exceeds or not 3500 kg.

3. The tractor is a single-axle propulsion vehicle intended for light agricultural work, which may be driven by a driver on foot or in a trailer or trailer retrofitted to that vehicle.

4 - The tractor-tractor connected to a trailer or a trailer is equated for use with an agricultural tractor.

5 - Tractocarro is a vehicle with a propulsion engine of two or more axles, fitted with a cargo box intended for the transport of agricultural or forestry products, the gross weight of which does not exceed 3500 kg and shall be treated as equivalent to a tractor agricultural.

 

Article 109

Other motor vehicles

1 - Vehicle on rails is one that, regardless of the propulsion system, moves on rails.

2 - An industrial machine is a power-driven vehicle with two or more axles intended for the execution of industrial works or works, which may only be transported on public roads, being heavy or light depending on whether or not the gross vehicle weight exceeds 3500 kg.

 

Article 110

Trailers

1 - Trailer is the vehicle intended to be transported to a motor vehicle.

2 - Semi-trailer is the trailer whose front part rests on the motor vehicle, distributing the weight on it.

3. The vehicles referred to in the preceding paragraphs are designated as trailers or semi-trailers, agricultural or forestry, when they are intended to be attached to an agricultural tractor or to a motor-tractor.

4 - Agricultural or forestry machine towable is the machine destined to agricultural or forestry works that only transits in the public road when towed.

5 - Towable industrial machine is the machine destined to industrial works that only transits in the public road when towed.

6 - No more than one trailer may be towed to each motor vehicle.

7 - The use of trailers in public passenger transport is prohibited.

8. Paragraphs 6 and 7 shall not apply to the use of a trailer intended for the carriage of baggage in heavy vehicles used for the carriage of passengers, trailers in tourist trains and, in accordance with local regulations, trailers on agricultural or forestry tractors.

9 - Any person who violates the provisions of paragraphs 6 and 7 shall be punished with a fine of (euro) 120 to (euro) 600.

Article 111

Single vehicles and vehicle combinations

1 - The following shall be considered as single vehicles:

(a) a heavy automobile consisting of two rigid segments permanently connected by a hinged section allowing communication between the two;

(b) the tourist train consisting of a tractor and one or more trailers intended for the carriage of passengers on short journeys and for tourist or entertainment purposes.

2 - Set of vehicles is the group consisting of a towing vehicle and its trailer or semi-trailer.

3 - For traffic purposes, the combination of vehicles shall be treated as a single vehicle.

 

Article 112

Cyclists

1 - Speedometer is the vehicle with two or more wheels driven by the driver's own effort by means of pedals or the like.

2 - Speedoid with engine is the speedo equipped with an auxiliary electric motor with a maximum continuous power of 0,25 kW, whose power is reduced progressively with increasing speed and is interrupted if it reaches the speed of 25 km / h or before, if the speed cyclist stop pedaling.

3 - For the purposes of this Code, motorized scooters and powered scooters shall be equated with bicycles.

 

Article 113

Trailer of two-wheel vehicles and side car

1. Motorcycles, tricycles, quadricycles, mopeds and bicycles may tow, at the rear, a single-axle trailer intended for the carriage of goods.

2 - Motorcycles of a cylinder capacity exceeding 125 cm3 may engage a side car intended for the carriage of a passenger.

 

 

 

CHAPTER II

Vehicle characteristics

 

Article 114

Vehicle characteristics

1 - The characteristics of the vehicles and their systems, components and accessories are set out in a regulation.

2 - All systems, components and accessories of a vehicle shall be deemed to be its component parts and, except for duly justified occasional and unforeseeable faults, its non-functioning shall be treated as lacking.

3 - The models of cars, motorcycles, tricycles, quadricycles, mopeds, agricultural tractors, tractors and trailers, as well as their systems, components and accessories, are subject to approval according to the rules established in regulation.

4. The manufacturer or seller placing on the market vehicles, systems, components or accessories without the approval referred to in the preceding paragraph or in breach of the rules governing their manufacture and sale shall be penalized with a fine of 600 euros ) 3000 if it is a natural person or (euro) 1200 to (euro) 6000 if it is a legal person and with loss of the objects, which must be seized at the time of the infringement.

5. The transit of vehicles which do not have the systems, components or accessories with which they are approved or which use systems, components or accessories not approved in accordance with paragraph 3 is prohibited.

6 - Any person who breaches the provisions of the preceding paragraph shall be punished with a fine of (euro) 250 to (euro) 1250, and the vehicle shall be seized until approved in extraordinary inspection.

 

Article 115

Vehicle Transformation

1 - Any change in its constructive or functional characteristics shall be considered a vehicle transformation.

2. The processing of motor vehicles and their trailers shall be authorized in accordance with the terms laid down in a regulation.

3 - Any person who fails to comply with the provisions of the preceding paragraph shall be punished with a fine of (euro) 250 to (euro) 1250, if a more serious penalty is not applicable, and the vehicle is still seized until approved in extraordinary inspection.

 

 

CHAPTER III

Inspections

 

Article 116

Inspections

1. Motor vehicles and their trailers may be subject, under the terms set out in the regulations, to inspection for:

a) Approval of the respective model;

b) Assignment of enrollment;

c) Approval of alteration of constructive or functional characteristics;

d) Periodic verification of its characteristics and safety conditions;

(e) verification of the constructive or functional characteristics of the vehicle after repair as a result of an accident;

f) Random control of a technical nature, on the public road, to verify the respective conditions of maintenance, in accordance with its own diploma.

2 - It may be determined that the vehicles referred to in the preceding paragraph are subjected to extraordinary inspection in the cases provided for in article 114, paragraph 5, and that there are suspected suspicions about their safety conditions or doubts about their identification, namely as a result of changes in the constructive or functional characteristics of the vehicle, or other causes.

3 - Failure to carry out any of the inspections provided for in the preceding paragraphs shall be punished with a fine of (euro) 250 to (euro) 1250.

 

 

CHAPTER IV

Registration

 

Article 117

Compulsory enrollment

1. Motor vehicles and their trailers shall be admitted into service only if they are registered, except as provided for in paragraphs 2 and 3.

2. Except as provided in the preceding paragraph, vehicles moving on rails and trailers with a gross weight not exceeding 300 kg.

3 - The cases in which agricultural and industrial machines, motor cultivators and tractocarros are subject to registration are fixed by regulation.

4. The registration of the vehicle must be requested from the competent authority by the natural or legal person who admits it, imports it or makes it available for consumption in national territory.

5 - Motor vehicles and trailers that must be presented to customs at the customs by entities that dedicate themselves to their admission, importation, assembly or manufacture may leave them with exemption from registration, under the conditions set forth in a proper diploma.

6 - The process of assignment and the composition of the registration number, as well as the characteristics of the respective plate, are fixed by regulation.

7 - The competent authority shall organize, under the terms established in the regulation, a national registration of registrations.

8 - Any person who places a vehicle not registered under the terms of the preceding paragraphs shall be punished with a fine of (euro) 600 to (euro) 3000, except in the case of a moped or agricultural vehicle, in which case the fine is to (euro) 1500.

 

Article 118

Identification of the vehicle

1 - For each vehicle registered, a document must be issued to certify its registration, which shows the characteristics that allow it to be identified.

2. The vehicle identification document shall be a natural or legal person on behalf of which the vehicle is registered and who, as owner or other legal person, may dispose of it and be responsible for its movement.

3. The acquirer or the person in whose name the vehicle identification document entitles the owner of the vehicle identification document shall, within 30 days of the acquisition or establishment of the right, notify the competent authority of its registration.

4 - The seller or the person who, in any legal capacity, transfers ownership of the vehicle to another person shall communicate this fact to the competent authority for the registration, in the terms and within the period referred to in the previous number, identifying the acquirer or person for whom the right is constituted.

5 - In case of change of name or social designation, change of residence or headquarters, the holder of the vehicle identification document must communicate this change within 30 days to the competent authority, requesting the respective endorsement.

6. When the vehicle identification document is lost or in a state of repair that makes any indication or endorsement unintelligible, the holder must request, as the case may be, its duplicate or its replacement.

7 - Only the authority competent to issue the vehicle identification document may carry an endorsement or stamp thereon.

8 - Each registered vehicle must be fitted with plates with the respective registration number, under the terms established by regulation.

9 - Any person who infringes the provisions of paragraphs 3, 4, 7 and 8 and who places a vehicle in circulation whose characteristics do not confer with those mentioned in the document that identifies him is punished with a fine of 120 euros, if a more serious penalty is not applicable under another legal provision.

10 - Any person who violates the provisions of paragraphs 5 and 6 shall be punished with a fine of (euro) 30 to (euro) 150.

 

Article 119

Cancellation of registration

1 - Registration must be canceled when:

(a) the vehicle is rendered unusable or has disappeared;

(b) the vehicle is re-assigned;

c) The vehicle fails to perform the inspection referred to in paragraph 2 of article 116, without the fault being duly justified.

2 - The vehicle that has suffered damage that makes its circulation definitively impossible or seriously impairs its safety conditions shall be deemed to have been used.

3 - The vehicle whose location is unknown for more than six months shall be deemed to have disappeared.

4 - The cancellation of the registration must be requested by the owner, within 30 days, when the vehicle becomes unusable, as well as in the case referred to in paragraph 1 (b).

5 - Cancellation of registration can be requested by the owner when:

(a) the vehicle has disappeared;

b) Pretend to stop using the vehicle on public roads.

6 - If the owner does not hold the identification document of the vehicle, the cancellation must be requested jointly by the owner and holder of that document.

7 - Registration may be canceled on its own initiative in any of the situations provided for in paragraph 1.

8 - Whenever they have any intervention in an act resulting from the destruction or disappearance of a vehicle, insurance companies are obliged to communicate this fact and to return the vehicle identification document and the title of registration of property to the competent authorities.

9 - Notwithstanding paragraphs 4 to 6, courts, transit authorities or other public entities shall report to the competent authorities cases of vehicle destruction of which they are aware in the course of their duties.

10 - The competent authority may authorize the renewal of canceled registrations or, in exceptional cases established by regulation, that new registrations be granted to vehicles previously registered in national territory.

11 - New registrations can not be restored or assigned to vehicles when the cancellation of the previous registration was based on the destruction of the same.

12 - Any person who violates the provisions of paragraphs 4, 6 and 8 shall be punished with a fine of (euro) 60 to (euro) 300, if a more serious penalty is not applicable under another legal provision.

 

 

CHAPTER V

Special diet

 

Article 120

Special diet

The provisions of this Title shall not apply to military equipment in the form of military or security forces.

 

 

TITLE V

From the legal license to drive

 

CHAPTER I

Driving Titles

 

Article 121

General principles

1 - Only a motor vehicle may drive a vehicle on the public highway if it is legally qualified for that purpose.

2 - Driving instructors and examiners are allowed to drive motor vehicles, in accordance with the applicable legal provisions.

3 - Driving on public roads of existing military or public order equipment referred to in Article 120 and vehicles moving on rails shall be governed by special legislation.

 

Article 122

Driving Titles

1 - The document entitled "Driver's license" shall be used to qualify for driving a motor vehicle, motorcycle, tricycle and quadricycle.

2 - "Driving licenses" means those documents which entitle the driver to drive:

(a) motorcycles of a cylinder capacity not exceeding 50 cm3;

b) Mopeds;

(c) other motor vehicles other than those referred to in the preceding paragraph, with the exception of motorized bicycles.

3 - The documents provided for in the previous numbers shall be issued by the competent authority and valid for the categories or subcategories of vehicles and periods of time recorded in them, without prejudice to the provisions of the following paragraphs.

4. A driving license issued to persons who are not already legally authorized to drive any of the vehicle categories or subcategories provided for therein shall be provisional and shall only become definitive if, during the first three years of their validity period, the respective holder is not prosecuted for the commission of a crime or administrative offense to which prohibition or inhibition of driving corresponds.

5 - If, during the period referred to in the preceding paragraph, proceedings are instituted for the commission of a crime or administrative offense corresponding to a prohibition or inhibition of driving, the driving license shall remain provisional until its decision becomes final or final. make it definitive.

6 - Vehicles driven by holders of a driving license of a provisional nature shall bear the following, in the form of a model to be defined by regulation.

7 - Holders of a valid driving license only for subcategories A1 or B1, when they obtain qualification in a new category, shall be subject to the regime provided for in paragraph 4, even if the initial title is more than three years old.

8 - The provisions of paragraphs 4 and 5 shall not apply to the instrument issued by means of an equivalent document permitting them to drive for more than three years, unless a proceeding under article 5 is pending against the respective holder.

9 - In the driving titles, any endorsement or stamp can only be made by the competent authority for its issuance.

10 - The entity responsible for issuing driving licenses shall organize, under the terms set out in the regulations, a national drivers' register, which shall contain all the securities issued, as well as the identity and domicile of the respective holders.

11 - When they change their domicile, drivers must inform the authority responsible for the issuing of driving licenses within 30 days.

12 - Holders of a driving license issued by another Member State of the European Economic Area who reside in Portugal must, within 30 days, communicate to the department responsible for issuing driving licenses their residence in Portugal for the purpose of updating of driver registration.

13 - The revalidation, exchange, replacement and duplication of the driving title depends on the previous compliance with the penalties applied to the driver.

14 - Any person who violates the provisions of paragraphs 6, 9, 11 and 12 shall be punished with a fine of (euro) 60 to (euro) 300, if a more severe sanction is not applicable.

 

Article 123

Driving license

1 - The driving license entitles you to drive one or more of the following categories of vehicles:

A - motorcycles of a cylinder capacity exceeding 50 cm3, with or without a side car;

B - light motor vehicles or combinations of vehicles consisting of a light motor vehicle and a trailer of a gross weight of up to 750 kg or, whichever is the greater, with a total gross weight of not more than 3500 kg, in which case the gross weight of the trailer may not exceed tractor vehicle;

B + E - combinations of vehicles consisting of a light motor vehicle and trailer whose values ​​exceed those for category B;

C - heavy goods vehicles, to which a trailer of a gross weight of up to 750 kg may be towed;

C + E - combinations of vehicles consisting of a category C towing vehicle and a trailer with a gross weight of more than 750 kg;

D - heavy passenger cars, which can be towed with a gross weight of up to 750 kg;

D + E - combinations of vehicles consisting of a category D towing vehicle and a trailer with a gross weight of more than 750 kg.

2 - The categories referred to in the preceding paragraph may comprise subcategories that enable the following vehicles to be driven:

A1 - motorcycles of a cylinder capacity not exceeding 125 cm3 and of a maximum power of up to 11 kW;

B1 - tricycles and quadricycles;

C1 - heavy goods vehicles with a gross vehicle weight not exceeding 7500 kg, to which a trailer with a gross weight of up to 750 kg may be towed;

C1 + E - combinations of vehicles comprising a towing vehicle of subcategory C1 and a trailer with a gross weight of more than 750 kg provided that the gross weight of the combination does not exceed 12000 kg and the gross weight of the trailer does not exceed the tare weight of the towing vehicle;

D1 - heavy passenger vehicles with a capacity of up to 17 seats, including that of the driver, to which a trailer of a gross weight of up to 750 kg may be towed;

D1 + E - combinations of vehicles consisting of a tractor vehicle of subcategory D1 and trailer with a gross weight of more than 750 kg provided that the cumulative gross weight of the combination does not exceed 12000 kg, the gross weight of the trailer does not exceed the vehicle's weight tractor and trailer is not used for the carriage of persons.

3 - Holders of valid driving licenses for vehicles of category A or subcategory A1 shall be entitled to drive:

(a) mopeds or motorcycles of a cylinder capacity not exceeding 50 cm3;

b) Tricycles.

4 - Holders of valid driving licenses for category B vehicles shall also be entitled to drive:

(a) simple or assembled agricultural or forestry tractors or equipment fitted therefor provided that the maximum weight of the combination does not exceed 6000 kg;

(b) agricultural or forestry machinery, motor cultivators, tractors and light industrial machinery;

(c) three-wheel mopeds, tricycles and quadricycles.

5 - Holders of valid driving licenses for vehicles of category C shall also consider themselves qualified to drive:

(a) vehicles of category B;

b) Vehicles referred to in the previous number;

(c) other agricultural or forestry tractors with or without trailers, agricultural or forestry machinery and industrial machinery.

6 - Holders of valid driving licenses for vehicles of category B + E shall also qualify for driving agricultural or forestry tractors with trailers or with towed agricultural or forestry machinery, provided that the gross weight of the combination does not exceed 6000 kg .

7 - Holders of valid driving licenses for combinations of vehicles of categories C + E or D + E are also considered to be entitled to drive sets of vehicles of category B + E.

8 - Holders of valid driving licenses for category C + E may drive vehicle combinations of category D + E, provided they are qualified for category D.

9 - Anyone driving a vehicle of any of the categories or subcategories referred to in paragraphs 1 and 2 for which his license does not confer qualification shall be penalized with a fine of (euro) 500 to (euro) 2500.

10 - Any person holding a valid driving license for categories B or B + E, driving an agricultural or forestry vehicle or a machine for which the registered category does not confer qualification shall be penalized with a fine of 120 euros .

11 - Without prejudice to the requirement of specific authorization, drivers of vehicles moving on rails or trolleybuses must hold a driving license valid for category D.

12 - Any person who violates the provisions of the preceding paragraph shall be punished with a fine of (euro) 500 to (euro) 2500.

Article 124

Driving license

1 - The driving licenses referred to in Article 122 (2) are the following:

(a) of motorcycles and motorcycles of a cylinder capacity not exceeding 50 cm3;

b) Agricultural vehicles.

2 - The driving license referred to in sub-paragraph a) of the preceding paragraph authorizes the driving of both categories of vehicles registered therein.

3. The license to drive agricultural vehicles entitles one or more of the following categories of vehicles to drive:

I) Motor cultivators with trailer or retrotrem and tractocarros of a gross weight not exceeding 2500 kg;

II):

(a) simple or assembled agricultural or forestry tractors, provided that the gross weight of the aggregate does not exceed 3500 kg;

(b) agricultural or forestry tractors with trailer or towed agricultural or forestry machinery, provided the gross weight of the aggregate does not exceed 6000 kg;

(c) light agricultural or forestry machinery and tractors of a gross vehicle mass exceeding 2500 kg;

III) Agricultural or forestry tractors with or without trailers and heavy agricultural machinery.

4 - Holders of a motor vehicle license valid for vehicles of category I are considered to be qualified to drive industrial machines with a gross weight not exceeding 2500 kg.

5 - Holders of a valid driving license for vehicles of category II shall be deemed to be entitled to drive vehicles of category I.

6 - Holders of a license to drive agricultural vehicles valid for category III vehicles shall be deemed to be entitled to drive vehicles in categories I and II.

7 - Any person who is the holder of a license to drive agricultural vehicles, drive agricultural or forestry vehicles of category for which the same license does not confer qualification is sanctioned with a fine of 120 to 600 euros.

 

Article 125

Other Titles

1. In addition to the titles referred to in Articles 123 and 124, they shall also provide for the operation of motor vehicles:

(a) special driving licenses;

b) Driving licenses issued by the competent services of the Portuguese administration of the territory of Macao;

(c) driving licenses issued by other Member States of the European Economic Area;

d) Driving licenses issued by a foreign State that the Portuguese State has been obliged to recognize, by convention or international treaty;

e) Driving licenses issued by a foreign State, provided that it recognizes the same validity as national certificates;

f) International driving licenses, provided that they are presented with the national title that gave rise to them.

2 - The conditions for issuing the licenses referred to in paragraph a) of the preceding paragraph, as well as special permits to drive, are fixed by regulation.

3 - The regulation referred to in the previous paragraph may include provisions providing pedagogical initiatives aimed at the driving of mopeds by drivers aged not less than 14 years.

4. The licensees referred to in points d), e) and f) of paragraph 1 are not authorized to drive motor vehicles if they have resided in Portugal for more than 185 days.

5 - The licensees referred to in paragraph 1 shall be authorized to exercise their driving only if they have the minimum age required for their authorization, in accordance with this Code.

6 - The driving of vehicles assigned to certain transport or services may also depend, under the terms established in its own legislation, the ownership of the corresponding document of aptitude or professional licensing.

7 - Any person who violates the provisions of paragraphs 4 and 5 shall be punished with a fine of (euro) 300 to (euro) 1500.

 

 

CHAPTER II

Requirements

 

Article 126

Requirements for obtaining driving licenses

1 - A driver's license can be obtained if one meets the following requirements cumulatively:

a) Has the minimum age according to the category to which he wishes to qualify;

b) Has the necessary physical, mental and psychological aptitude;

c) Has residence in national territory;

d) Is not complying with prohibition or inhibition of driving or security measure prohibiting the granting of driving licenses;

e) Has passed the respective driving test;

f) Learn to read and write.

2 - To obtain a driving license, the following minimum ages are required, according to the required rating:

a) Subcategories A1 and B1 - 16 years;

b) Categories A, B and B + E - 18 years;

(c) Categories C and C + E and subcategories C1 and C1 + E - 21 years or 18 years provided that, in this case, they hold a certificate of professional competence proving the frequency of a driver training course for road transport drivers. goods in accordance with the terms established by regulation;

d) Categories D and D + E and subcategories D1 and D1 + E - 21 years.

3 - In order to obtain a driving license, the following minimum ages are required, according to the required rating:

a) Mopeds - 16 years;

(b) motorcycles of a cylinder capacity not exceeding 50 cm3 - 16 years;

(c) agricultural vehicles of category I - 16 years;

(d) Category II and III agricultural vehicles - 18 years.

4 - Only those qualified to drive vehicles of category B may be entitled to drive vehicles in categories C and D and subcategories C1 and D1.

5 - Only those qualified to drive vehicles of categories B, C and D, respectively, and of subcategories C1 + E and D1 + E may be entitled to drive vehicles in categories B + E, C + E and D + E vehicle drivers of subcategories C1 and D1, respectively.

6 - Obtaining a driving license per person under the age of 18 years depends also on written authorization of those who exercise parental authority.

7 - They are set out in regulation:

(a) the minimum physical, mental and psychological fitness requirements for driving and the ways in which they are proven;

(b) evidence of driving examinations;

(c) the periods of validity of driving licenses in accordance with the age of their holders and the form of their revalidation.

 

Article 127

Restrictions on driving

1 - Only cars of categories D and D + E, of subcategories D1 and D1 + E, and category C + E of which the gross weight exceeds 20 000 kg may be driven by drivers up to 65 years of age.

2. You may only drive motorcycles with a power-to-weight ratio of more than 25 kW and a power-to-weight ratio of more than 0,16 kW / kg or, if you have a side-car with a power-to-weight ratio of more than 0,16 kW / kg, who:

(a) has been entitled, for at least two years, to drive vehicles of category A, after deducting the time in which it has been prohibited or inhibited from driving; or

b) Is over 21 years old and has passed a practical test on a motorcycle with no side car and a power of 35 kW or more.

3 - As a result of medical or psychological examination, drivers may be restricted in their exercise of driving, special periods for the revalidation of the titles or specific adaptations to the vehicle they are driving, which must always be mentioned in the respective title, as well as appropriate symbology in the vehicle, to be defined in regulation.

4 - Anyone driving a vehicle without observing the restrictions imposed on him / her shall be punished with a fine of (euro) 120 to (euro) 600, if a more severe penalty is not applicable.

5 - Anyone driving a vehicle without the specific adaptations that have been imposed pursuant to paragraph 3 shall be penalized with a fine of (euro) 120 to (euro) 600.

6 - Any person who violates the provisions of paragraphs 1 and 2 shall be punished with a fine of (euro) 250 to (euro) 1250.

CHAPTER III

Title swap

 

Article 128

Changing driving titles

1 - They can also obtain a driving license with exemption from the respective examination and by delivery of valid title that they possess and proof of the requirements set forth in a) to d) of nº 1 of article 126:

a) Holders of driving licenses referred to in points b), c) and d) of no. 1 of article 125;

(b) holders of driving licenses issued by other States with which there is a bilateral equivalence and exchange agreement;

c) Holders of driving licenses issued by other States, provided that they prove that they were obtained by passing an examination with a degree of requirement at least identical to that provided for in Portuguese legislation.

2. A driver's license issued by another Member State of the European Economic Area which has been seized for prohibition or disqualification to drive or in which any endorsement is required shall be exchanged for the same national title.

3. The driving licenses referred to in Article 125 (1) (c) and (d) shall not be exchanged where they appear that they have already been obtained by exchange for the same title issued by the authorities of a State which is not a member of the European Economic Area.

 

CHAPTER IV

New exams and expiration

 

Article 129

New exams

1 - In the event of serious doubts as to the physical, mental or psychological suitability or the ability of a driver or a driver to safely drive, the competent authority shall determine whether the driver is subjected, individually or cumulatively, to medical examination, examination psychological test and the new driving test or any of its tests.

2 - In particular, it raises doubts as to the driver's ability or ability to drive safely in the opposite direction to that legally established on motorways or similar routes, as well as the dependence or tendency to abuse alcoholic beverages or psychotropic substances.

3 - The state of dependence on alcohol or psychotropic substances is determined by medical examination, which can be ordered in case of driving under the influence of any of those beverages or substances.

4 - Reveals the tendency to abuse alcoholic beverages or psychotropic substances in practice over a period of three years, two very serious criminal or offenses of conduct under the influence of alcohol or psychotropic substances.

5. Where the court is aware of an offense to which prohibition or disqualification applies and there are reasonable grounds to assume that it has resulted from unfitness or incapacity dangerous to the safety of persons and property, it shall determine the submission of the driver to medical inspection and referred to in paragraph 1.

6. If it is not possible to prove the requirement of Article 128 (1) (c), or where the authority competent to exchange a title has doubts as to its authenticity, such exchange may be conditional upon approval on a new driving test, or on any of your tests.

 

Article 130

Expiry of driving title

1. The driving title shall lapse when:

(a) if he is provisional pursuant to Article 122 (4) and (5), the holder has been convicted of a road crime, a very serious offense or two serious administrative offenses;

(b) is revoked pursuant to Article 148

2 - The driving license shall expire even if:

(a) it is not revalidated under the terms set out in the Regulation, only in respect of the categories or subcategories covered by the need for revalidation;

b) Its holder fails to perform the medical examination required for the revalidation of the certificate or in a psychological examination determined by a health authority;

c) The holder does not submit or fail in any of the examinations referred to in paragraphs 1 and 3 of the previous article.

3 - The revalidation of the driving title or the obtaining of a new title depends on the approval of a special examination, the content and characteristics of which are fixed by regulation, when the driving title has expired:

(a) in accordance with paragraph 1;

(b) in accordance with paragraph 2 (a), where the expiry date has been verified for at least two years, unless the respective holders show that they have held the same and valid document during that period;

(c) in accordance with paragraph 2 (b);

d) In accordance with paragraph c) of paragraph 2, due to lack or failure of a medical or psychological examination when more than two years have elapsed on the determination of submission to those exams.

4 - The new title issued under the terms of sub-paragraph a) of the previous number shall apply the regime provided for in paragraphs 4 and 5 of article 122.

5 - Holders of a valid driver's license pursuant to paragraph 1 and paragraph 2 (b) and (c) shall be considered, for all legal purposes, not entitled to drive the vehicles for which that title was issued .

6 - Except as provided in the following paragraph, holders of a valid driving license pursuant to paragraph 2 (a) shall, for all legal purposes, not be entitled to drive the vehicles for which the title was issued, only for the categories or subcategories covered by the need for revalidation.

7 - Anyone driving a vehicle with a title that has not been revalidated pursuant to paragraph 2 (a) before the expiration of the period referred to in paragraph 3 (b) shall be penalized with a fine of 120 euros (euro) 600.

 

TITLE VI

Of responsibility

 

CHAPTER I

General provisions

 

Article 131

Scope

Any unlawful and objectionable offense for which a fine is imposed, which complies with a legal type corresponding to the violation of the Highway Code standard or complementary legislation, as well as of special legislation whose application is committed to the Directorate - General of Traffic.

 

Article 132

Regime

The administrative offenses are regulated by the provisions of the present law, by complementary or special road legislation that envisages them and, in the alternative, by the general administrative offense regime.

 

Article 133

Punishment of negligence

In road traffic offenses, negligence is always sanctioned.

 

Article 134

Competition of infringements

1 - If the same fact is simultaneously a crime and an offense, the perpetrator is always punished as a crime, without prejudice to the application of the accessory sanction provided for the infraction.

2 - The application of the accessory sanction, in the terms of the previous number, is up to the court competent for the trial of the crime.

3 - The penalties applied to the infractions in competition are always cumulative.

 

Article 135

Liability for infringements

1 - Officials responsible for administrative offenses shall be responsible for carrying out the acts constituting them, designated in each legal diploma, without prejudice to the exceptions and presumptions expressly provided for in those diplomas.

2 - The corporate or similar entities are liable under the general law.

3 - The responsibility for the infractions foreseen in the Road Code and complementary legislation will fall to:

(a) driver of the vehicle in respect of infringements relating to the conduct of driving;

(b) the holder of the vehicle identification document in respect of infringements relating to the conditions for admission of the vehicle to transit on public roads and for the infringements referred to in the preceding subparagraph where it is not possible to identify the driver;

c) Pedestrian, in respect of offenses relating to pedestrian traffic.

4 - If the owner of the vehicle identification document proves that the driver has misused him or has violated the orders, instructions or terms of the authorization granted, his responsibility shall cease and the driver shall be responsible in this case.

5 - The instructors are responsible for the infractions committed by the instructors, provided they do not result from disobedience to the indications of the instruction.

6. Examiners shall be responsible for the offenses committed during the examination.

7 - They are also responsible for the infractions foreseen in the Highway Code and complementary legislation:

(a) principals who require drivers to make an unsuitable effort to practice driving safely or to subject them to a time inconsistent with the need for rest, where the infringements are a consequence of the driver's fatigue state;

b) Parents or guardians who are aware of the inability or recklessness of their minor children or their guardians and do not interfere with, and may practice, the driving;

c) Parents or guardians of children entitled to a special driving license issued in accordance with paragraph 2 of article 125;

(d) drivers of vehicles transporting smaller or unenforceable passengers and allowing them not to use the mandatory safety accessories;

(e) those which provide for the use of vehicles to persons who are not properly entitled to drive, who are under the influence of alcohol or psychotropic substances, or who are subject to any other form of impairment of the physical or mental driving.

8 - The owner of the vehicle identification document shall respond in the alternative to the payment of fines and costs due by the offender, without prejudice to the right of recourse against the vehicle, unless there is abuse of the vehicle.

 

Article 136

Classification of road traffic offenses

1 - Road offenses, especially those provided for in the Road Code and complementary legislation, are classified as minor, serious and very serious, in accordance with the respective legal provisions.

2 - Minor offenses are those punishable only with a fine.

3 - Serious or very serious offenses are those that are punishable by fine and with ancillary sanction.

 

Article 137

Fine

The fines imposed for road infringements are not subject to any additional and of its product can not be attributed any percentage to the agents notices.

Article 138

Related searches

1 - Severe and very serious offenses are punishable by fine and with ancillary sanction.

2 - Whoever practices any act being inhibited or prohibited from doing so by final sentence or final administrative decision that applies an accessory penalty shall be punished for a crime of qualified disobedience.

3 - The minimum and maximum duration of ancillary sanctions applicable to other administrative offenses shall be established in the corresponding legislation.

4 - The accessory penalties are fulfilled in consecutive days.

 

Article 139

Determination of the sanction measure

1 - The measure and the system of execution of the sanction are determined according to the seriousness of the offense and of guilt, also taking into account the antecedent of the infringer with respect to the legal diploma infringed or its regulations.

2. In addition to the circumstances referred to in the preceding paragraph, account must also be taken of the economic situation of the offender, when it is known, in determining the amount of the fine, its payment in installments and fixing the guarantee of good conduct.

3 - When the offense is committed in the exercise of driving, in addition to the criteria referred to in the preceding paragraph, the special duties of care imposed on the driver must be considered, as an aggravating circumstance, in particular when driving emergency services, collective transport of children, taxis, heavy passengers or goods, or transport of dangerous goods.

 

Article 140

Special attenuation of ancillary sanction

The minimum and maximum limits of the ancillary sanction for very serious offenses may be reduced by half taking into account the circumstances of the offense if the offender has not committed serious or very serious offenses in the last five years or with a prohibition or disqualification from driving and provided that the fine is paid.

 

Article 141

Suspension of execution of ancillary sanction

1 - The execution of ancillary sanction applied to serious offenses may be suspended if the conditions under which the general criminal law makes the suspension of the execution of the sentences depend, provided that the fine is paid, under the conditions provided for in following numbers.

2. If the offender has not been convicted in the last five years of a road crime or any serious or very serious offense, suspension may be determined for a period of six months to one year.

3. The suspension may also be determined for a period of one to two years if, in the last five years, the offender has committed only a serious administrative offense, in which case it must be conditional, singular or cumulative:

a) The provision of a guarantee of good conduct;

b) The fulfillment of the duty to attend training courses, in the case of an ancillary penalty of inhibition of driving;

c) The fulfillment of specific duties provided for in other legal acts.

4 - The guarantee of good conduct shall be between EUR 500 and EUR 5000, taking into account the duration of the ancillary sanction applied and the economic situation of the offender.

5 - The expenses arising from the frequency of training shall be borne by the offender.

6. The imposition of the duty to attend training shall take into account the personality and professional aptitudes of the offender and may not prejudice the normal exercise of his professional activity or represent obligations which he may not be required to fulfill.

 

Article 142

Repeal of suspension of execution of the accessory sanction

1. Suspension of enforcement of ancillary sanction shall be revoked if, during the respective period:

a) The offender, in the event of disqualification from driving, commits a serious or very serious offense, commits acts sanctioned with a prohibition or inhibition of driving, fails to comply with the duties imposed under paragraph 3 of the preceding article or is ordered to cassation of the driving title;

b) The offender, in the case of an additional sanction, commits a new offense against the same legal decree or its regulations, also commenced with ancillary sanction.

2 - The revocation determines the fulfillment of the sanction whose execution was suspended and the collapse of the guarantee, which reverts to the entity that determined the suspension.

Article 143

Recidivism

1 - An offender who commits an offense committed with ancillary sanction after having been convicted of another offense against the same legal decree or its regulations, practiced for less than five years and sanctioned with ancillary sanction, shall be sanctioned as a repeat offender.

2. The period during which the offender has complied with the ancillary sanction or the prohibition to drive or has been subject to the prohibition of driving license shall not be counted.

3 - In case of recidivism, the minimum limits of duration of the accessory sanction foreseen for the respective infraction are raised to double.

 

Article 144

Registration of infringements

1 - The registry of infractions is carried out and organized in the terms and for the effects established in the legal texts where they are predicted the respective infractions.

2 - The registration referred to in the previous number shall include serious and very serious offenses committed and respective sanctions.

3 - The offender has access to his registration, whenever he requests it, in legal terms.

4 - In cases in which the responsibility of any offender must be assessed, a copy of the settlements that concern him / her shall always be attached.

 

 

CHAPTER II

Special provisions

 

Article 145

Serious offenses

1 - In the exercise of driving, the following infractions are considered serious:

(a) the transit of vehicles in the opposite direction to that established;

(b) speeding outside the locality of more than 30 km / h on the limits legally imposed, when practiced by the driver of a motorcycle or a light motor vehicle, or exceeding 20 km / h when practiced by a driver of another motor vehicle ;

(c) speeding within localities exceeding 20 km / h on the limits legally imposed, when practiced by the driver of a motorcycle or a light motor vehicle, or exceeding 10 km / h when practiced by a driver of another motor vehicle ;

(d) speeding exceeding 20 km / h on the speed limits laid down for the driver or specially fixed to the vehicle, without prejudice to points (b) or (c);

(e) excessive speed of movement for the characteristics of the vehicle or road, for atmospheric or traffic conditions, or in cases where speed is particularly moderate;

(f) failure to comply with rules and signals relating to the distance between vehicles, transfer, overtaking, change of direction or road, reversal of the direction of travel, start of travel, position of travel, reverse and crossing of level;

(g) the stopping or parking on the sides of motorways or similar roads;

(h) non-compliance with the rules governing the transit of heavy vehicles and combinations of vehicles on motorways or similar roads;

i) The non-transfer of pedestrians to the driver who changed direction within the localities, as well as the disrespect for the transit of the same in the marked passages;

(j) the transit of vehicles without the use of the lamps referred to in Article 61 (1) under the conditions laid down in that paragraph and the transit of motorcycles and mopeds without the use of dipped-beam headlamps;

(l) driving under the influence of alcohol where the blood alcohol content is equal to or greater than 0,5 g / l and less than 0,8 g / l;

(m) non-use of the hazard warning signal and danger warning lamps;

(n) the use, during the running of the vehicle, of headphones and radiotelephone apparatus, except under the conditions laid down in Article 84 (2);

o) The stop and the parking in the marked passages for the crossing of pedestrians;

(p) the carriage of smaller or unenforceable passengers without the use of mandatory safety accessories.

2 - The circulation of vehicles without civil liability insurance, in which case Article 135 (3) (b) applies, shall be considered to be serious, with the effects foreseen and treated in accordance with paragraphs 2 and Article 147 (3).

Article 146

Very serious offenses

In the exercise of driving, the following offenses are considered very serious:

(a) stopping or parking in lanes, outside localities, less than 50 m from crossings and junctions, curves or visors which are insufficiently visible, and stopping or parking on lanes of motorways or counterparts;

(b) parking at night at car lanes outside the localities;

(c) non-use of the danger signaling signal and the lack of signaling of immobilized vehicle due to failure or accident on motorways or similar roads;

(d) the use of maxima in order to cause glare;

(e) the entry or exit of motorways or similar roads by sites other than access for these purposes;

(f) the use, on motorways or similar roads, of the traffic separators or any possible openings in them, as well as traffic on the shoulders;

g) The offenses referred to in point a) of the previous article when practiced on motorways, similar roads and ways with more than one traffic lane in each direction;

h) The offenses provided for in subparagraphs f) and j) of the previous article when practiced on the motorways or similar roads;

(i) the offense referred to in point (b) of the preceding Article, where the excess speed exceeds 60 km / h or 40 km / h respectively, and the offense referred to in point (c) of that article, where the excess speed is more than 40 km / h or 20 km / h, respectively, and the offense referred to in point (d), where the excess speed is over 40 km / h;

(j) the offense referred to in point (l) of the preceding Article, where the blood alcohol content is equal to or greater than 0,8 g / l and less than 1,2 g / l or where the driver is considered to be influenced by the alcohol on the report doctor;

l) Failure to comply with the obligation to stop imposed by a regulatory sign of the agents responsible for regulating or controlling traffic or by the red traffic light;

m) Driving under the influence of psychotropic substances;

n) Disrespect for the mandatory stop sign at intersections, junctions and roundabouts;

(o) the transposition or circulation in disregard of a continuous longitudinal line delimiting of traffic directions or of a mixed line with the same meaning;

(p) driving a vehicle of category or subcategory for which the driver's license does not confer qualification;

q) The abandonment by the driver of the accident site in the circumstances referred to in article 89, paragraph 2.

 

Article 147

Inhibition of driving

1 - The ancillary sanction applicable to drivers for the practice of serious or very serious administrative infractions foreseen in the Road Code and complementary legislation consists in the inhibition of driving.

2 - The penalty of inhibition of driving has a duration of at least one month and a maximum of one year, or a minimum of two months and a maximum of two years, depending on whether it applies to serious or very serious offenses respectively, and refers to all motor vehicles.

3 - If the liability is imputed to a natural person not entitled with a driving license or legal person, the penalty of driving disqualification is replaced by seizure of the vehicle for an identical period of time that would fit it.

 

Article 148

Marking of driving title

1 - It is applicable to the cassation of the driving title when the offender commits a serious or very serious infraction, having, during the immediately preceding five years, been convicted of three very serious administrative offenses or five serious administrative offenses and very serious.

2 - The annulment of the driving title shall be determined in the decision that he or she knows of the practice of the most recent offense referred to in paragraph 1.

3 - When a cassation of a driving title is determined, no new title for motor vehicles of any category may be granted for a period of two years.

 

Article 149

Registration of driver offenses

The register of offenses related to the exercise of driving, organized according to its own diploma, must include:

(a) crimes committed in the exercise of the driving of motor vehicles and their penalties and security measures;

b) Serious and very serious offenses committed and respective sanctions.

 

 

 

CHAPTER III

Liability insurance

 

Article 150

Insurance Obligation

1. Motor vehicles and their trailers may only be transported on public roads provided that, in accordance with special legislation, insurance against civil liability which may result from their use is made.

2 - Any person who infringes the provisions of paragraph 1 shall be punished with a fine of (euro) 500 to (euro) 2500, if the vehicle is a motorcycle or a car, or 250 to (euro) 1250 if another motor vehicle.

Article 151

Sports insurance insurance

Authorization to carry out sporting events on motor vehicles and their official training on the public road depends on the organizer insuring his civil liability, as well as that of the owners or holders of the vehicles and of the participants , resulting from damage resulting from accidents caused by such vehicles.

 

 

 

TITLE VII

Surveillance procedures

 

CHAPTER I

Procedure for the supervision of driving under the influence of alcohol or psychotropic substances

 

Article 152

General principles

1 - They must undergo the tests established for the detection of the states of being influenced by alcohol or psychotropic substances:

(a) drivers;

b) Pedestrians, whenever they are involved in traffic accidents;

c) People who intend to start driving.

2. Any person who commits acts liable to distort the results of the examinations to which he is subject may not prevail over those for the purposes of proof.

3. Persons referred to in paragraph 1 (a) and (b) who refuse to submit to the tests established for the detection of the state of being influenced by alcohol or psychotropic substances shall be punished for a crime of disobedience.

4. The persons referred to in paragraph 1 (c) who refuse to submit to the tests established for the detection of the state of being influenced by alcohol or psychotropic substances shall be prevented from commencing driving.

5 - The doctor or paramedic who, without just cause, refuses to carry out the procedures provided by law to diagnose the state of being influenced by alcohol or psychotropic substances is punished for crime of disobedience.

 

Article 153

Surveillance of driving under the influence of alcohol

1 - The examination of research on alcohol in the exhaled air is carried out by authority or agent of authority through the use of approved apparatus for this purpose.

2 - If the result of the examination provided for in the preceding number is positive, the authority or agent of authority shall notify the examiner in writing or, if this is not possible orally, of that result, of the legal sanctions resulting from it it can immediately demand the execution of a counter-proof and that it must bear all the expenses incurred by this counter-proof in case of a positive result.

3 - The control mentioned in the previous number must be carried out by one of the following means, according to the will of the examiner:

a) New examination, to be carried out by approved apparatus;

b) Blood analysis.

4 - In the case of an option for the new examination provided for in paragraph a) of the preceding paragraph, the examiner shall be immediately subject to it and, if necessary, taken to the place where said examination may be carried out.

5 - If the examiner prefers to perform a blood test, he should be taken as soon as possible to an official health establishment in order to obtain the necessary amount of blood.

6 - The result of the control prevails over the result of the initial examination.

7. When it is suspected that the means of review may be changed momentarily, the authority or agent of authority may have the suspect undergo a medical examination.

8 - If it is not possible to perform alcohol test in the exhaled air, the examiner must be sampled for analysis or, if it is not possible for medical reasons, a medical examination must be carried out in an official establishment. health, to diagnose the state of being influenced by alcohol.

 

Article 154

Impaired driving

1 - Any person who presents a positive result in the examination provided for in paragraph 1 of the previous article or refuses or can not undergo such an examination, is prevented from driving for a period of twelve hours, unless he proves, before the expiration of this period, who is not influenced by alcohol, by means of an examination required by him.

2 - Anyone who conducts a noncompliance with the impediment referred to in the preceding paragraph shall be punished for a crime of qualified disobedience.

3. The agent of authority shall notify the driver or the person who intends to commence driving in the circumstances provided for in paragraph 1 of which he is prevented from driving during the period established in that paragraph, under penalty of a crime of qualified disobedience.

4 - Expenses arising from the examination referred to in the final part of paragraph 1 shall be borne by the examiner, unless they result from a negative result required under paragraph 2 of the previous article.

 

Article 155

Vehicle immobilisation

1 - In order to ensure compliance with the provisions of paragraph 1 of the previous article, the vehicle must be immobilized or removed to a suitable park or place, providing, whenever this proves indispensable, the vehicle occupants must be routed.

2 - All expenses arising from the procedures provided for in the previous number shall be borne by the driver.

3 - There is no place to immobilize or remove the vehicle if another driver, with the consent of the one who is prevented, or the owner of the vehicle, proposes to drive it and present a negative result in an alcohol test.

4 - In the case foreseen in the previous number, the substitute driver must be notified that he is responsible for observing the impediment mentioned in the previous article, under penalty of a crime of qualified disobedience.

 

Article 156

Examinations in case of accident

1 - Drivers and pedestrians involved in a traffic accident must, when their state of health so permits, undergo a survey of alcohol in the exhaled air, in accordance with article 153.

2 - When it is not possible to carry out the examination referred to in the preceding paragraph, the physician of the official health establishment to which the persons involved in the accident are conducted must take the blood sample for a subsequent diagnostic examination of the state of alcohol .

3 - If the blood alcohol test can not be done, a medical examination should be carried out to diagnose the alcohol-influenced state.

4 - Dead drivers and pedestrians must also undergo the examination provided for in paragraph 2.

 

Article 157

Surveillance of driving under the influence of psychotropic substances

1. Drivers and persons who intend to commence driving shall undergo legally established tests for the detection of psychotropic substances when there is evidence that they are under the influence of these substances.

2 - Drivers and pedestrians involved in a traffic accident resulting in death or serious injury shall be subject to the examinations referred to in the preceding paragraph.

3 - The authority or agent of authority shall notify:

(a) drivers and pedestrians who, under pain of a crime of disobedience, must undergo screening and, if necessary, confirm the status of those affected by psychotropic substances;

(b) drivers, if the screening test is positive, that they are prevented from driving for a period of forty-eight hours, unless, before that period, they have failed a new screening examination;

(c) persons who intend to commence driving in the circumstances referred to in paragraph 1 and who show a positive screening examination to be prevented from driving for a period of forty-eight hours unless, before that period, to undergo a new screening test that has a negative result.

4 - When the screening test carried out on drivers and pedestrians in accordance with paragraphs 1 and 2 shows a positive result, they must undergo the necessary additional examinations, under penalty of crime of disobedience.

5 - When necessary, the agent of authority arranges the transport of the examiners to an official health establishment.

6 - For the purposes of the previous paragraphs, the provisions of article 155 and paragraphs 2, 3 and 4 of article 156 shall apply mutatis mutandis.

7 - For the purposes of paragraph 2, a seriously injured person is a person who, as a consequence of a traffic accident and after attending an emergency hospital service due to an emergent situation, is in need of clinical care that requires the patient to be observed at the emergency room or in hospital admission.

 

Article 158

Other provisions

1 - The following shall be set out in a regulation:

(a) the type of material to be used for surveillance and laboratory tests to determine the status of alcohol or psychotropic substances;

(b) the methods to be used for the determination of the amount of alcohol or psychotropic substances in the blood;

(c) medical examinations for the determination of states of alcohol or psychotropic substances;

d) The laboratories where the urine and blood tests must be carried out;

(e) the price tables of the examinations carried out and the transport rates of the examiners and the detention and removal of vehicles.

2 - The payment of expenses arising from the examinations provided for by law to determine the state of alcohol or psychotropic substances, as well as for the immobilization and removal of vehicles referred to in article 155, shall be made by the entity to whom they compete the coordination of traffic supervision.

3 - When the aforementioned examinations are positive, the expenses are the responsibility of the examiner, and must be taken into account for costs in the criminal or administrative proceedings that occur, which will revert to the entity referred to in the previous number.

 

 

 

CHAPTER II

Seals

Article 159 Preventive seizure of driving licenses

1. Driving licenses shall be pre-emptively seized by the criminal investigation or supervisory authorities or their agents when:

a) Suspect of their fraudulent counterfeiting or addiction;

(b) its period of validity has expired;

c) They are in a state of conservation that makes any indication or endorsement unintelligible.

2. In the cases provided for in sub-paragraphs a) and c) of paragraph 1, instead of the title, a valid driving guide shall be provided for the time deemed necessary and renewable when a justified reason occurs.

 

Article 160

Other cases of seizure of driving licenses

1 - Driving licenses must be seized to comply with the cassation of the title, prohibition or inhibition of driving.

2. The competent authority shall also determine the seizure of driving licenses when:

(a) any examination carried out pursuant to Article 129 (1) and (5) reveals a physical, mental or psychological inability of the examiner to drive safely;

b) The driver does not submit to any of the examinations referred to in the previous paragraph or in paragraph 3 of article 129, unless the absence is justified within five days;

(c) has lapsed in accordance with Article 130 (1) and (2).

3 - When the driving license is seized, the driver shall be notified, within 15 working days, to deliver it to the competent authority, under penalty of disobedience, and in the cases notification of the decision.

4 - Without prejudice to the punishment for a crime of disobedience, if the driver does not proceed to the delivery of the driving license in accordance with the previous number, the competent authority can determine its seizure, through the supervisory authority and its agents.

 

Article 161

Seizure of the vehicle identification document

1. The vehicle identification document shall be seized by the criminal investigation or supervisory authorities or their agents when:

a) Suspect of their fraudulent counterfeiting or addiction;

(b) the characteristics of the vehicle do not correspond to those mentioned therein;

c) Is in a state of conservation that makes any indication or endorsement unintelligible;

(d) the vehicle, as a result of an accident, is seriously affected in the frame or in the suspension, steering or braking systems and is not able to move on its own;

(e) the vehicle is seized;

f) The vehicle is found to be circular, not offering safety conditions;

g) It is verified, on inspection, that the vehicle does not offer safety conditions or, even if it is used for public transport, does not have sufficient comfort;

(h) the registration plates do not comply with the regulatory conditions relating to technical characteristics and methods of placement;

(i) the vehicle is in disregard of noise, soil and air pollution.

2 - The vehicle identification document shall be seized and all other documents relating to the circulation of the vehicle shall also be returned, which shall be returned simultaneously with the document.

3. In the cases provided for in points a), c), g), h) and i) of paragraph 1, a guide valid for the period and under the conditions indicated therein shall be substituted instead of the vehicle identification document .

4. In the cases provided for in points b) and e) of paragraph 1, a valid guide must be passed only to the route to the place of destination of the vehicle.

5. The vehicle identification document, which is valid for the journeys necessary for the repairs to be carried out in order to regularize the situation of the vehicle, and for the presentation of the inspection, must also be passed.

6 - In the situations provided for in paragraphs 1 f) and h), in the case of easily repaired faults in lights, tires or plate, a valid guide may be issued to present the vehicle with the repaired fault in the position within a maximum period of eight days, in which case the applicable fines shall be reduced by half in their minimum and maximum limits.

7 - Without prejudice to the provisions of paragraphs 3 to 6, whoever drives a vehicle whose identification document has been seized shall be penalized with a fine of (euro) 300 to (euro) 1500.

 

Article 162

Seizure of vehicles

1. The vehicle shall be seized by the criminal investigation or supervisory authorities or their agents when:

a) Transit with registration numbers that do not correspond to him or have not been legally attributed;

b) Transit without registration plates or is not enrolled, except in cases allowed by law;

c) Transit with registration numbers that are not valid for transit in national territory;

d) Transit with the respective identification document seized, unless it has been replaced by a guide passed in accordance with the previous article;

e) The respective registration of ownership or ownership of the identification document has not been regularized within the legal term;

f) No civil liability insurance has been performed in accordance with the law;

g) Fail to attend the inspection provided for in paragraph 2 of article 116, without the fault being duly justified;

h) Transit without having been subjected to an inspection to confirm the correction of anomalies verified in previous inspection, in which it failed, within the term fixed to it;

(i) seizure is determined in accordance with Article 147 (3);

(j) seizure is determined in accordance with Article 114 (6) or Article 115 (3);

(l) seizure is determined in accordance with Article 174 (5) and (6).

2 - In the cases foreseen in the previous number, the vehicle can not remain seized for more than 90 days due to the negligence of the holder of the respective identification document in order to promote the regularization of its situation, under penalty of loss of the same in favor of the State .

3 - When the vehicle is seized a seizure order is drawn up, notifying the holder of the identification document of the vehicle provided for in the previous number.

4. In the cases provided for in paragraph 1 (a) and (b), the vehicle shall be made available to the competent judicial authority whenever criminal proceedings have been instituted.

5. In the cases provided for in sub-paragraphs c) to j) of paragraph 1, the holder of the identification document may be designated as the trustee of the respective vehicle.

6 - In the event of an accident, the seizure referred to in paragraph 1 (f) shall continue until the indemnities derived therefrom have been satisfied or, if the amount has not been determined, until a guarantee is provided for an equivalent amount to the minimum value of the compulsory insurance, without prejudice to proof of the insuration of insurance.

7 - Exceptions to the first part of the previous paragraph are those cases in which the indemnities have been satisfied by the Automobile Guarantee Fund in accordance with its own legislation.

8 - Whoever holds the vehicle identification document shall be liable for payment of the expenses caused by his seizure.

 

 

CHAPTER III

Abandonment, blocking and removal of vehicles

 

Article 163

Improper or abusive parking

1 - Incorrect or abusive parking:

(a) the vehicle, for 30 consecutive days, on a public road or in a park or parking area exempt from the payment of any fee;

b) The vehicle, in a parking lot, when the rates corresponding to five days of use have not been paid;

c) The vehicle, in a parking zone conditioned to the payment of a fee, if it has not been paid or two hours have elapsed beyond the period of time paid;

(d) a vehicle which remains in a limited parking space for more than two hours beyond the time allowed;

(e) that of agricultural vehicles, industrial machinery, trailers and semi-trailers not attached to the towing vehicle and to vehicles of advertisement which remain in the same place for more than 72 hours or 30 days if they are parked in intended purpose;

(f) a period of more than 48 hours in the case of vehicles showing obvious signs of abandonment, of being destroyed or of being unable to move safely by their own means;

(g) vehicles bearing any information with a view to their transaction in a car park;

h) The vehicle without registration plate or with plate that does not allow the correct reading of the license plate.

2. The periods provided for in sub-paragraphs a) and e) of the preceding paragraph shall not be interrupted, provided that the vehicles are only moved from one parking place to another, or remain in the same parking area or parking area.

 

Article 164

Blocking and Removal

1 - Vehicles that are:

a) Stated improperly or abusively, under the terms of the previous article;

(b) parked or stationary on the side of a motorway or similar road;

c) Parked or immobilized in such a way as to constitute an obvious danger or serious disturbance to the transit;

(d) parked or detained in places which, for reasons of safety, public order, emergency, rescue or other similar reasons, justify removal.

2 - For the purposes of the provisions of sub-paragraph c) of the preceding paragraph, the following cases of parking or detention are considered to be an obvious danger or serious disturbance to traffic:

a) In a road or corridor of circulation reserved for public transport;

b) At the place of stop of vehicles of collective transport of passengers;

c) In marked pedestrian crossing;

d) On the sidewalks or in an area reserved exclusively for pedestrian traffic;

(e) in the roadway, without being near the curb or sidewalk;

f) In a place destined to the access of vehicles or pawns to properties, garages or parking places;

(g) in a place intended for the parking of vehicles of certain categories, serving certain entities or used for the transport of persons with disabilities;

h) In a place used to stop vehicles for loading and unloading or taking and leaving passengers;

(i) preventing the transit of vehicles or forcing the use of that part of the lane intended for the opposite direction as the traffic is in one or both directions;

(j) on the lane in the second row;

(l) in a place where it prevents access to, or exit from, other properly-parked vehicles;

m) at night on the road outside the localities, except in the event of immobilization due to damage,

(n) at the lane of the motorway or similar roadway.

3. In the event of any of the situations provided for in paragraph 1 (a), (b) and (c), the competent authorities may block the vehicle by means of an appropriate device, preventing it from being moved until it can be removed.

4. In the situation referred to in paragraph 1 (c), in case immediate removal is not possible, the competent authorities for the inspection shall also proceed to the temporary movement of the vehicle to another location in order to be blocked until removal.

5 - The release of the vehicle may only be done by the competent authorities, and any other person who does so shall be punished with a fine of (euro) 300 to (euro) 1500.

6 - Whoever is the holder of the vehicle identification document shall be responsible for all expenses caused by removal, without prejudice to applicable legal sanctions, with the exception of the right of return against the driver.

7 - The conditions and the fees due for the blockade, removal and deposit of vehicles are fixed by regulation.

8 - The fees are not due when it is verified that there was wrong application of the legal provisions.

Article 165

Presumption of abandonment

1 - Once the vehicle has been removed in accordance with the previous article or the seizure made in accordance with Article 162 (1) has been lifted, the holder of the vehicle identification document for the residence within 45 days.

2 - In view of the general condition of the vehicle, if a risk of deterioration is foreseeable, which might cause the customer to fear that the price obtained by auctioning does not cover the expenses arising from the removal and deposit, the period provided for in the preceding paragraph shall be reduced to 30 days.

3 - The periods referred to in the previous numbers shall be counted from the receipt of the notification or of its display in accordance with the following article.

4 - If the vehicle is not claimed within the period stipulated in the previous numbers, it shall be considered abandoned and acquired by occupation by the State or local authorities.

5 - The vehicle is considered immediately abandoned when it is expressly expressed by its owner.

 

Article 166

Vehicle complaints

1 - The notification referred to in the previous article must indicate the place where the vehicle was removed and, as well, that the holder of the respective identification document must withdraw it within the deadlines referred to in the previous article and after paying the expenses of removal and storage, otherwise the vehicle will be considered abandoned.

2 - In the cases provided for in article 163, paragraph 1 f), if the vehicle shows evident signs of an accident, the notification must be made in person, unless the holder of the identification document is not in a position to be received, being then made in any person of his residence, preferring relatives.

3 - Since it is not possible to proceed to personal notification by ignoring the residence or the identity of the holder of the identification document of the vehicle, the notification must be affixed to his last known residence or to the municipal council of the area where the vehicle was found.

4 - The delivery of the vehicle to the claimant depends on the provision of collateral of value equivalent to the expenses of removal and deposit.

 

Article 167

Mortgage

1 - When the vehicle is mortgaged, the removal must also be notified to the creditor, to the residence in the respective registry or in accordance with paragraph 3 of the previous article.

2 - The notification to the creditor shall indicate the terms on which the notification was made and the date on which the period to which the previous article refers.

3 - The mortgagee may request the delivery of the vehicle as a depository, in case, at the end of the term, the holder of the identification document does not raise it.

4 - The application may be filed within 20 days after notification or until the expiry of the deadline for removal of the vehicle by the holder of the identification document if it ends after that.

5 - The vehicle must be delivered to the mortgagee as soon as all the expenses caused by the removal and deposit are paid, and payment must be made within eight days after the last of the deadlines referred to in the previous article.

6 - The mortgagee has the right to demand from the holder of the identification document the expenses referred to in the previous number and those that he makes as a depository.

 

Article 168

Garnishment

1 - When the vehicle has been seized or equivalent, the authority that removed it must inform the court of the circumstances justifying it.

2 - In the case foreseen in the previous number, the vehicle must be delivered to the person designated by the court as a trustee for this purpose, being the previous payment of removal and deposit expenses.

3 - In the execution, the credits for the expenses of removal and deposit enjoy special furniture privilege.

TITLE VIII

From the process

 

CHAPTER I

Competence

 

Article 169

Powers for the processing and enforcement of fines

1 - The processing of administrative offenses is the responsibility of the Directorate-General for Traffic.

2 - The Director-General of Traffic, who may delegate it to the regional road managers, shall be responsible for imposing fines corresponding to minor administrative infractions and fines and ancillary penalties corresponding to serious infractions.

3 - Entities appointed by the Minister of Internal Affairs shall be competent to apply fines and ancillary sanctions corresponding to very serious offenses.

4 - The Director-General of Traffic has exclusive competence, without being able to delegate, to determine of the cassation of the driving title, in the terms foreseen in the present diploma.

5 - The regional road managers who have been delegated the competence provided for in paragraph 2 may sub-delegate it, in general terms, to senior managers and also to coordinators of administrative infractions.

6 - It is incumbent upon the regional services of the Directorate-General for Road Safety or, in the districts where they exist, to instruct their district delegations on the administrative infraction proceedings and, where necessary, request the cooperation of the police authorities as well as other authorities or public services.

 

 

CHAPTER II

Processing

Article 170 Notice and report

1 - When any authority or agent of authority, in the exercise of its supervisory functions, witnesses a road traffic offense, raises or has to file a notice, which must mention the facts that constitute the infraction, day, time, place and the circumstances in which it was committed, the name and quality of the authority or agent of authority who witnessed it, the identification of the offender and, where possible, of at least one witness who can testify to the facts.

2 - The notice of news is signed by the authority or agent of authority that raised or had it raised and, when possible, by the witnesses.

3 - The notice of news raised and signed under the terms of the previous numbers is authentic on the facts witnessed by the notice, until evidence to the contrary.

4 - The provisions of the previous paragraph shall apply to evidence obtained through apparatus or instruments approved in accordance with laws and regulations.

5 - The authority or agent of authority that has notice, by denunciation or own knowledge, of an administrative infraction that it must know, raises an order, to which the provisions of paragraphs 1 and 2 correspond, with the necessary adaptations.

 

Article 171

Identification of the accused

1 - The identification of the defendant must be made through the indication of:

a) Full name or, in the case of a legal person, company name;

b) Residence or, in the case of a legal person, seat;

c) Number of the legal document of personal identification, date and respective issuing service or, in the case of a legal person, the legal entity number;

d) Number of the driving license and its issuing service;

e) Identification of the legal representative, when it is a legal person;

f) Number and identification of the document that certifies the exercise of the activity, in which the offense was committed.

2 - In the case of a misdemeanor in the exercise of driving and the agent of authority can not identify the perpetrator of the offense, the order of the vehicle identification document must be process.

3 - If, within the term granted for the defense, the holder of the vehicle identification document identifies, with all the elements listed in paragraph 1, a distinct person as the offender, the proceedings are suspended and a new proceeding is instituted against the person identified as an offender.

4. The process referred to in paragraph 2 shall be filed when it is established that another person has committed the offense or the vehicle has been misused.

5 - When the agent of the authority can not identify the offender and verifies that the holder of the identification document is a legal person, he must be notified to identify the driver within 15 working days, under penalty of proceeding against it in accordance with paragraph 2.

6 - The owner of the vehicle identification document, when requested, must, within 15 working days, identify the driver at the time of the offense.

7 - Any person who infringes the provisions of the previous paragraph shall be punished in accordance with article 4, paragraph 2.

 

Article 172

Voluntary compliance

1 - The voluntary payment of the fine is admitted, at least, in the terms and with the effects established in the following numbers.

2 - The option of payment at a minimum and without additional costs must occur within 15 working days from the notification to that effect.

3 - The exemption from costs provided for in the preceding paragraph does not include expenses incurred by medical examinations and toxicological analyzes legally established for the determination of the states of alcohol or psychotropic substances, those resulting from inspections imposed on vehicles, as well as those resulting from any due diligence requested by the accused.

4 - At any stage of the proceedings, but always before the decision, the defendant may also opt for voluntary payment of the fine, which, in this case, is settled by the minimum, without prejudice to any costs that may be due.

5 - The voluntary payment of the fine under the terms of the previous numbers determines the filing of the proceeding, unless ancillary sanction is applicable to the offense, in which case it is restricted to the application of the same.

 

Article 173

Compliance guarantee

1 - Voluntary payment of the fine must be made at the time of the verdict of the offense.

2 - If the offender does not intend to make immediate voluntary payment of the fine, he must also deposit immediately, with an amount equal to the minimum of the fine foreseen for the infraction practiced.

3 - The deposit referred to in the preceding paragraph is intended to guarantee compliance with the fine in which the offender may be convicted and will be returned if there is no conviction.

4 - If payment or deposit is not made immediately, in accordance with paragraphs 1 and 2, the following documents shall be provisionally seized:

a) If the sanction respects the driver, the driving title;

(b) where the sanction relates to the holder of the vehicle identification document, the vehicle identification document and the title of registration of ownership;

c) If the sanction respects the driver and he is the holder of the vehicle identification document, all the documents referred to in the preceding paragraphs.

5 - In the case foreseen in the previous number, guides should be issued to replace the seized documents, valid for the time deemed necessary and renewable until the conclusion of the process, and they should be returned to the infringer if payment is made in the meantime in accordance with article previous.

6 - In the case of a deposit being lodged and no defense is presented, within the stipulated time limit for the purpose, the deposit made is automatically converted into payment.

 

Article 174

Offenders with unresolved sanctions

1. If the driver or the holder of the vehicle identification document has not completed the financial penalties previously imposed on him for a definitive period, the driver must pay the driver immediately.

2 - If payment is not made immediately, the following should be done:

a) If the sanction respects the driver, the driving title is seized;

(b) if the sanction relates to the holder of the vehicle identification document, the vehicle identification document and the title of registration of ownership shall be seized;

c) If the sanction respects the driver and he is the owner of the vehicle identification document, all documents referred to in the preceding paragraphs are seized.

3 - In the cases foreseen in the previous number, the seizure of the documents is provisional, being issued guides of substitution thereof, valid for 15 days.

4 - Documents seized in accordance with the previous number will be returned by the reporting entity if the amounts owed are paid within that period.

5 - If payment is not made within the period referred to in paragraph 3, the vehicle shall be seized, and the reporting entity shall remit the seized documents to the deconcentrated service of the Directorate-General for Traffic in the area where the action was carried out supervision.

6 - If the penalties for ancillary driving or seizure of the vehicle have not been complied with, the driving license or vehicle, as the case may be, shall be seized in order to comply with the respective penalty.

7 - The seized vehicle is liable for payment of the sums due.

 

Article 175

Communication of the infringement

1 - After the case is removed, the accused must be notified:

a) The facts constituting the offense;

b) The legislation infringed and the sanctioning of the facts;

c) The applicable sanctions;

d) The time allowed and the place for the presentation of the defense;

(e) the possibility of voluntary payment of the fine by the minimum, the time and manner of payment and the consequences of non-payment;

f) The deadline for identification of the offender, in the terms and with the effects foreseen in paragraphs 3 and 5 of article 171.

2. The defendant may, within a period of 15 working days from the date of notification, present his defense in writing with the indication of witnesses, up to a maximum of three, and other evidence, or make voluntary payment , in the terms and with the effects established in article 172.

3 - Within the same period, the accused may also request special mitigation or suspension of execution of the accessory sanction.

4 - The voluntary payment of the fine does not prevent the accused from presenting his defense, restricted to the gravity of the offense and the applicable ancillary sanction.

 

Article 176

Notifications

1. The notifications shall be made:

a) By personal contact with the notifier at the place where it is found;

b) By registered letter with acknowledgment of receipt issued to the domicile or seat of the notifying party;

c) By simple letter sent to the domicile or seat of the notifying party.

2 - The notification by personal contact should be made, whenever possible, in the act of assessment and may also be used when the notifier is found by the competent authority.

3 - If it is not possible, in the act of assessment, to proceed under the terms of the previous number or if any other act is involved, the notification may be made by registered letter with acknowledgment of receipt, sent to the domicile or headquarters of the notifying party.

4 - If, for any reason, the letter provided for in the previous number is returned to the sending entity, the notification shall be sent back by notifying to his domicile or headquarters, by means of a simple letter.

5 - In the case of an offense relating to the exercise of driving or to any provisions which condition the admission of a vehicle to transit on public roads, it shall be deemed to be the domicile of the notifier for the purposes of paragraphs 3 and 4:

a) What is included in the registration of driving licenses organized by the competent authorities for their issuance, in accordance with the present diploma;

b) The holder of the vehicle identification document, in the cases provided for in Article 135 (3) (b) and Article 171 (2) and (5).

6 - For the remaining infractions and to the same effects, it will be considered domicile of the notifier:

a) The record in the register organized by the competent authority to grant authorization, permit, activity license or credential; or

b) The one corresponding to your place of work.

7 - Notification by registered letter shall be made on the date on which the acknowledgment of receipt is signed or on the third working day after that date, when the notice is signed by a person other than the accused.

8 - In the notification by simple letter, the official of the competent authority shall draw up a quota in the file indicating the date of dispatch of the letter and the address to which it was sent, considering the notification made on the fifth day after the date indicated, which must be included in the notification.

9 - Where the offense is the responsibility of the holder of the vehicle identification document, notification in the notice of assessment may be made in the person of the driver.

10 - When the notifier refuses to receive or to sign the notification, the agent certifies the refusal, considering the notification.

 

Article 177

Witnesses

1 - The witnesses, experts or technical advisers indicated by the defendant in the defense must be presented by the date, time and place indicated by the instructing entity.

2. Except as provided in the preceding paragraph, experts from establishments, laboratories or official services, as well as agents of authority, even if registered by the accused, must be notified by the administrative authority.

 

Article 178

Postponement of witnesses' inquiries

1. The procedure for the examination of witnesses, experts or technical advisers may only be postponed only once, if the fault on the first marking has been considered justified.

2 - A fault based on a fact not attributable to the offender that prevents him or her from appearing in the procedural act shall be considered justified.

3 - The impossibility of attendance must be communicated five days in advance, if foreseeable, and up to the third day after the day designated for the performance of the act, if unforeseeable, with the notice indicating the reason and the expected duration of the impediment, under penalty of non-justification of the fault.

4 - The evidence of impossibility of attendance must be presented with the communication referred to in the preceding paragraph.

 

Article 179

Absence of the accused

Failure by the accused to appear before the investigating party communicated to him shall not prevent the proceeding from proceeding unless the offense has been considered justified under the terms of the previous article, in which case the regime established therein shall apply.

Article 180

Precautionary measures

Provisional measures may be imposed under the terms provided for in each legal document, when it is necessary for the investigation of the case, or for the defense of road safety, and also when the accused performs authorized professional activity, licensed by a license or licensed by the Directorate- General of Traffic, and has committed the offense in the exercise of that activity.

 

 

CHAPTER III

Of the decision

Article 181 Conviction

1. The decision imposing the fine or ancillary sanction shall contain:

a) The identification of the offender;

(b) a summary description of the facts, evidence and circumstances relevant to the decision;

c) Indication of the violated standards;

d) The fine and the accessory sanction;

e) The condemnation in costs.

2 - The decision must also state that:

a) The conviction becomes final and enforceable if it is not judicially challenged in writing, consisting of statements and conclusions, within 15 working days of its knowledge and to the administrative authority that applied the fine;

b) In case of judicial challenge, the court may decide by means of a hearing or, if the defendant and the Public Prosecution Service do not oppose it, by simple dispatch.

3. The decision shall also contain:

a) The order for payment of the fine and costs within a maximum period of 15 working days after the decision becomes final;

b) The indication that, within the period referred to in the preceding paragraph, it may request the payment of the fine in installments, in accordance with the provisions of article 183.

4 - If the accused has not exercised the right of defense, the reasoning referred to in paragraph b) of paragraph 1 may be made by simple reference to the report.

 

Article 182

Compliance with the decision

1 - The fine and the costs are paid within 15 working days from the date on which the decision becomes definitive, and payment must be made in the modalities established by regulation.

2 - If ancillary sanction is applied, its compliance must be initiated within the period established in the previous number, as follows:

a) In the case of inhibition of actual driving, by the delivery of the driving title to the competent authority;

(b) in the case of seizure of the vehicle, its actual delivery, the document identifying it and the title of registration of the property at the place indicated in the decision, or only for the delivery of those documents when the holder of the identification document is appointed his faithful trustee;

c) In the case of another ancillary sanction, it must proceed in the terms indicated in the condemnatory decision.

Article 183

Payment of the fine in installments

1 - Whenever the minimum amount of the applicable fine exceeds 2 UC, the administrative authority may, at the defendant's request, authorize its payment in monthly installments, not less than (euro) 50, for a maximum period of 12 months.

2 - The payment of the fine in installments can be requested until the process is sent to court for execution.

3 - Failure to pay any of the benefits implies the immediate maturity of the others.

 

Article 184

Competence of the administrative entity after decision

The discretion of the administrative entity shall be exhausted with the decision except:

a) When an appeal is lodged against the conviction, in which case the administrative entity may revoke it until the case is sent to the Public Prosecution Service;

b) When an application is submitted that, without calling into question the merits of the decision, it is restricted to suspending the enforcement of the additional sanction imposed, in which case the administrative entity may change the way in which that penalty is complied with.

 

Article 185

Costs

1. Costs shall, inter alia, cover expenses incurred with postal and telegraphic, telegraphic, fax or electronic transmission charges.

2. Reimbursement for the expenses referred to in the preceding paragraph shall be calculated at the rate of one half of 1 CU in the first 50 leaves or fraction of the processed and one tenth of CU for each subsequent set of 25 leaves or fraction of the processed.

3 - There is no place to pay a fee of justice in the execution of decisions rendered in cases of administrative offense.

 

 

CHAPTER IV Appeal

 

Article 186

Resources

Judicial decisions handed down in the contest of administrative decisions admit an appeal under the terms of the general law applicable to administrative offenses.

 

Article 187

Resource effects

1 - The judicial challenge of the act of condemnation in the payment of fines has purely devolutive effect.

2 - The interlocutory judicial challenge of the decision of the Director-General of Traffic, which determines the cancellation of the driving title, has suspensive effect.

CHAPTER V The prescription

 

Article 188

Limitation of actions

The procedure for administrative offense is extinguished due to prescription as soon as two years have passed on the practice of administrative offense.

 

Article 189

Limitation of the fine and ancillary sanctions

Fines and ancillary sanctions shall lapse within two years.

 

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Decree-Law no. 113/2008, July 1
In the use of the legislative authorization granted by Law no. 17/2008, of April 17, it makes the seventh amendment to the Road Code, approved by Decree-Law no. 114/94, of 3 May.

Law no. 78/2009, of 13 August
Assembly of the Republic
Proceeding to the eighth amendment to the Road Code, permitting the endorsement of the legal authorization to drive vehicles of category A1 to the driving license that legally entitles them to drive vehicles of category B.

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