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The disciplinary review body asked the Constitutional Court to overturn the rule establishing a shared responsibility between the owner and the driver of a vehicle at the time of demanding the payment of damages. a fine recorded in the security cameras.
The Attorney General pointed out that the said paragraph of Law 1843 of 2017 is unconstitutional because it violates the right to due process. Courtesy of the Ministry of Transport
For the Attorney General's Office, the standard that states that the owner of a vehicle is liable to the driver for the tickets recorded by security cameras or the photomiles is . Therefore, the supervisory body asked the Constitutional Court to declare this rule inapplicable. (You might be interested: The places in Colombia where photomultas are the most taxed)
This is one of the paragraphs of the law that regulates the installation and commissioning of the systems detection of traffic offenses. This rule states: " the owner of the vehicle will be jointly and severally liable with the driver prior to his involvement in the misdemeanor, by the notification of the subpoena."
In concept sent to the high court, the Ministry The public noted that this rule is unconstitutional because it violates the right to due process because, in their opinion, regarding sanctions, the authorities ] must determine at least the person who violated the transit rule . (We suggest: Impose fees on the traffic officer who imposed photomuls in days that did not work)
According to the regulator, the rule is not adapted to the Constitution because it establishes a system of joint and several liability between the owner of the vehicle and the driver, which implies that the authority may require the payment of the penalty to one or the other. 39, other of the two subjects .
According to the Attorney General, this regime of joint and several liability established in the 1843 law of 2017 is a way to require the payment of the obligation, but this is not the procedure to determine who the offender really is . (Also read: MinTransporte evaluates the new rules of the game for use by photomults)
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