A few days ago, Decree No. 3427/15, which approves the regulation of the National Traffic and Road Safety Law, was enacted by the Executive Power, in accordance to what is established in Article 165 of the Law, which set forth a one-year term for said regulation to be passed on.
The Law, enacted in May 2014, established for the first time a legal framework regarding the regulation of transit by land in Paraguay, thus replacing the previous Decree No. 22.094/47 “General Regulation on Road Traffic”, as well as the various traffic regulations issued by the Municipalities, which were applicable in their respective jurisdictions. Also, it aims at establishing a framework similar to the other members of MERCOSUR.
The Law is applicable throughout the Paraguayan territory, its main objectives being: the protection of human life and the physical integrity of people in traffic, the preservation of traffic functionality and the surrounding environment, as well as the preservation of public order and security, for which purposes it sets forth general rules regarding the circulation of land vehicles, rules related to traffic signals and actions that are considered violations or are against the Law, as well as the sanctions applicable in each cae.
One of the aspects of the legislation worth highlighting is the establishment of the National Agency of Traffic and Road Safety, authority in charge of the application and regulation of the Traffic Law, the prevention of traffic accidents and the scrutiny of the policies related to road safety. Additionally, it sets up the “Road Patrol”, in replacement of the Road Police, which mission is ensuring that the Law is complied with.
Another important aspect foreseen by the Law is the harmonization regarding the rules and requirements for the issuance of driving licenses by the municipal authorities and the establishment of the National Registry of Driving Licenses and Traffic Antecedents.
Where traffic accidents are concerned, the Law no only gives definitions respecting what should be considered a traffic accident and sets forth the series of obligations that individuals have when they are involved in a traffic accident, but it also foresees the institution of a Compulsory Insurance in case of Traffic Accidents, which is compulsory for all motor vehicles and also for motorbikes, tricycles, among others.
The Law regulates the placing of publicity signs and posters in the public road in order to ensure drivers’ visibility and avoid any sort of confusion with respect to traffic signs, thus securing road safety. In addition to this, the consumption of alcohol is strictly prohibited for drivers.
Other aspects foreseen by the Law are the technical conditions that vehicles should reunite, as well as the compulsory technical inspection, which shall be carried our periodically in order to determine the conditions of the vehicles; as well as the basis of the administrative procedure for infringement and the sanctions to be imposed.
The Regulatory Decree, on the other hand, regulates several articles of the Law; in particular, it gives out standards for the functioning of the National Agency of Traffic and Road Safety, including its main office and other regional offices, the functions of its various departments and authorities, economic resources, etc. It also establishes the specifications that the Driving Licenses should reunite, the authority in charge of their issuance and their term of validity. In this sense, it sets forth the operative framework of the National Registry of Driving Licenses and Traffic antecedents as the entity in charge of controlling the issuance of driving licenses and their registration.