Ley 55 del 2007
Resumen
Esta ley enmienda la Ley de Vehículos y Tránsito de Puerto Rico para establecer nuevos requisitos para la obtención de permisos de aprendizaje y licencias de conducir para personas entre 16 y 18 años. Se aumenta el tiempo mínimo con el permiso de aprendizaje a seis meses y se imponen restricciones de horario y acompañamiento. Además, se establecen condiciones relacionadas con el historial de infracciones de tránsito para poder obtener la licencia de conducir.
Contenido
(No. 55)
(Approved June 29, 2007)
AN ACT
To amend subsection
(a) of Section 1.52; subsection
(d) of Section 3.06; amend the second paragraph and add a new third paragraph to Section 3.08; and add a Section 3.13A to Act No. 22 of June 7, 2000, as amended, known as the "Puerto Rico Vehicle and Traffic Act," in order to establish new parameters for granting learner permits and driver licenses to all persons under eighteen (18) but over sixteen (16) years of age.
STATEMENT OF MOTIVES
Act No. 22 of June 7, 2000, as amended, known as the "Puerto Rico Vehicle and Traffic Act," established orderly and efficient regulations for driving motor vehicles on the public roads of our Island in order to strengthen public safety while at the same time improving the quality of life of the citizens.
The license to drive a motor vehicle on the public roads of the Commonwealth of Puerto Rico is one of the most important status symbols among our young people since it not only gives them a social advantage but also makes them feel as though they have greater independence. Most young people count the hours and the days until they are able to obtain their learner permits and their driver licenses. However, the parents or guardians of these young people have much to worry about and fear concerning the safety of their children on the public roads.
Studies conducted indicate that the number of deaths and injuries among our youth between the ages of sixteen and twenty are caused by traffic accidents. Some of the factors that contribute to the high rate of traffic accidents are: inexperienced drivers, the lack of proper driving skills, taking risks, the lack of good judgment and decision making while driving, alcohol consumption and speeding while driving during high-risk hours and days.
When a learner's permit is granted, a person may begin to drive a motor vehicle along the public roads provided he/she is accompanied by a duly authorized driver whose purpose is to teach and supervise the driver. Young drivers need to get as much driving experience as possible after obtaining their learner's permit so they may become safe drivers when they are on their own. The lack of experience of these youths means that they are less capable of detecting and reacting to the dangers encountered on the public roads and that they have less control of the motor vehicle and are less able to calculate their speed. To this must be added the fact that the parents of these young people are mainly responsible for not allowing them to drive by themselves until they have acquired enough experience and skills in handling motor vehicles. It is not sufficient that they drive correctly, but that they drive defensively, that is, anticipating the actions and mistakes of other drivers.
To such effects, this Legislature believes it necessary to establish new parameters for granting learner permits and driver licenses to all persons under eighteen (18) but over sixteen (16) years of age so as to decrease the number of traffic accidents among young drivers by establishing that the task of supervising the experience in handling motor vehicles be of primary importance for the development of the driving habits and skills needed to drive safely along the public roads of the Commonwealth of Puerto Rico.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.-Subsection
(a) of Section 1.52 of Act No. 22 of June 7, 2000, as amended, is hereby amended to read as follows: "Section 1.52. —Driver's License Certificate and License. — Driver's License Certificate and License shall mean the authorization issued by the Secretary to a person who meets the requirements of this Act to drive certain types of motor vehicles on the public roads of Puerto Rico. One of the requirements is the approval of a theoretical and practical examination which meets the specifications herein set forth for each type of license authorized. The driver's license certificate or license may be of any of the following types:
(a) Learners - To drive a motor vehicle while the aspirant acquires the minimum training required to obtain the corresponding driver's license. This license shall be issued on condition that while driving the motor vehicle, including motorcycles, the driver be accompanied by an authorized driver twenty-one (21) years of age or older who shall sit next to the aspirant when the characteristics of the vehicle allow the former to occupy the front passenger seat.
Any person under eighteen (18) but over sixteen (16) years of age must have a Learner's Permit for six (6) months before applying for a practical examination and no violations against any of the provisions of Section 3.08 of this Act.
Any person under eighteen (18) but over sixteen (16) years of age may only drive between six (6) in the morning and ten (10) in the evening during the six (6) months from the date of issue of the Learner's Permit provided he/she is accompanied
by a driver who holds a Driver's License Certificate and who is twenty-one (21) years old or older and who sits next to the aspirant in the front passenger seat.
Section 2.-Subsection
(d) of Section 3.06 of Act No. 22 of June 7, 2000, as amended, is hereby amended to read as follows: "Section 3.06. -Requirements for driving motor vehicles Any person authorized to drive a motor vehicle in Puerto Rico shall comply with the following requirements:
(a) $\quad ...$
(d) To hold a learner's permit which on the date of the application for examination has not less than one (1) month or more than two (2) years from its date of issue, except in the case of a person under eighteen (18) but over sixteen (16) years of age, who must hold a learner's permit which on the date of the application for examination has not less than six (6) months nor more than two (2) years as of its date of issue, as provided in Section 3.08 of this Act. The learner's permit herein required shall not be necessary when the person holds a driver's license, except for motorcycles, and wishes to change such a driver's license for any of the other licenses authorized by this Act, or when the person holds a valid license to drive motor vehicles that has been issued in any State or territory of the United States or in any foreign country, and said license does not comply with the requirements established in subsection
(b) of Section 3.05 of this Act."
Section 3.-The second paragraph is hereby amended and a new third paragraph added to Section 3.08 of Act No. 22 of January 7, 2000, as amended, to read as follows:
"Section 3.08.- Requirements for the learner's permit No person may learn to drive a motor vehicle on the public roads without a license issued for such purposes by the Secretary.
(a) ...
(d) ...
Any person to whom a learner's permit is issued may drive a motor vehicle on the public roads, subject to the regulations promulgated by the Secretary, provided he/she has sitting by his/her side in the front passenger seat, a driver twenty-one (21) years of age or older authorized to drive such a type of vehicle. This, as long as the characteristics of the vehicle so allow. The person sitting next to the learner must be in such a physical and mental condition as to allow him/her to act and instruct the learner and take charge of driving the vehicle if necessary.
Any person under eighteen (18) but over sixteen (16) years of age who applies for and is issued a learner's permit may only apply to take the practical examination for obtaining a Driver's License Certificate from the Secretary after six (6) months as of its date of issue provided he/she has not incurred any of the faults listed in Section 3.19 and the provisions of Section 3.23 of this Act.
Section 4.-A Section 3.13A is hereby added to Act No. 22 of January 7, 2000, as amended, to read as follows: "Section 3.13A.- Restrictions for Obtaining a Driver's License Certificate
Any person under eighteen (18) but over sixteen (16) years of age may apply for a practical examination for obtaining a Driver's License Certificate
from the Secretary after six (6) months or more from the date of issue of the learner's permit provided he/she complies with the following:
(a) To have a record free of guilty judgments within the term of six (6) months in the courts of justice for, but not limited to, the following violations: (1) having caused or been involved in traffic accidents; (2) driving under the effects of intoxicating beverages, drugs or controlled substances, as provided in Chapter VII of this Act.
(b) Not having been fined for the following violations: (1) driving without being accompanied in the front passenger's seat by a twenty-one (21) year old or older authorized driver; (2) participating in competitive or drag races and speed and acceleration contests; (3) driving carelessly and recklessly as provided in Section 5.08 of this Act; (4) driving over the legal maximum speed limits as provided in Section 5.02 of this Act; and (5) driving without using the safety belt as provided in Chapter XIII of this Act.
(c) Should the person have a record with a judgment, the Driver's License Certificate shall be suspended until the date in which the person turns eighteen (18) years of age.
Section 5.-This Act shall take effect one hundred and eighty (180) days after its approval and shall only apply to aspirants under eighteen (18) but over sixteen (16) years of age who do not have a Driver's License Certificate issued by the Secretary of Transportation and Public Works to the effective date of this Act.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 55 (S.B. 783) of the 5 ${ }^{ ext {th }}$ Session of the $15^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend subsection
(a) of Section 1.52; subsection
(d) of Section 3.06; amend the second paragraph and add a new third paragraph to Section 3.08; and add a Section 3.13A to Act No. 22 of June 7, 2000, as amended, known as the "Puerto Rico Vehicle and Traffic Act," in order to establish new parameters for granting learner permits and driver licenses to all persons under eighteen (18) but over sixteen (16) years of age, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $31^{ ext {st }}$ of October of 2007.
Francisco J. Domenech Director