Traffic Regulations: Vehicle Immobilization, Removal, and Serious Infractions

Article 70: Vehicle Immobilization

Traffic officers may proceed with the immobilization of a vehicle when its use might involve a serious risk to circulation, people, or property.

For these purposes, driving a motorcycle without an approved helmet shall be considered a serious risk.

This measure shall be lifted forthwith after the causes that motivated it disappear.

Additional Grounds for Vehicle Immobilization

• Lack of mandatory insurance or negative inspection results.
• Failure to possess or display a valid parking ticket (SOA/ORA) or exceeding the paid time limit.
• Exceeding permissible levels of gas fumes or noise.
• Unauthorized major vehicle modifications.
• Exceeding driving time limits (tachograph infringement, referenced in Article 65.5.d).

The cost of the immobilization shall be borne by the owner, who must pay the fees to lift the measure.

Article 71: Vehicle Removal and Deposit

The Administration may remove the vehicle and have it deposited at a location designated by the competent authority under the following circumstances:

• The vehicle constitutes a danger or causes serious disturbance to the circulation of vehicles or pedestrians.
• Abandonment may be reasonably presumed.
• The vehicle hinders traffic flow after being immobilized due to technical deficiencies.
• The driver refuses to pay the associated fine.
• The vehicle has exceeded twice the time paid for parking (ORA).
• The vehicle is parked in a lane reserved for circulation.
• When, after immobilization, there is no suitable place to practice it without impeding the circulation of vehicles or people.

Presumption of Vehicle Abandonment

Abandonment shall be reasonably presumed under these conditions:

1. The term commences when more than two months have passed since the vehicle was deposited after withdrawal from the street by the competent authority. The authority shall require the owner to retrieve it within 15 days.
2. The vehicle remains parked for more than one month in the same place and has defects that render movement by its own means impossible, or if it is missing license plates and registration.

Definitions of Traffic Accidents

A Traffic Accident is any event that originates on a roadway subject to traffic laws, involving at least one moving vehicle, resulting in deaths, injuries to persons, or damage to property.

Types of Accidents by Cause

• Accident by Force Majeure: An unexpected action of nature (e.g., sudden storm).
• Fortuitous Accident: Caused by the unintentional intervention of a third party (e.g., debris or spilled oil on the road).

Accident Types by Mode of Occurrence

1. Impact: When a vehicle contacts a fixed or stationary object or vehicle.
2. Overturning: Transverse (sideways) or longitudinal (end-over-end).
3. Run-off-Road: The vehicle leaves the designated roadway.
4. Collisions:
   • Frontal: Central, eccentric, or angular.
   • Side Impacts: Perpendicular or oblique.
   • Multiple Contacts (Reflex): Complex collisions involving several contacts.
   • Sideswipe: Glancing blows (positive or negative).
5. Other Incidents.

Article 65.5: Serious Traffic Infractions

The following actions constitute serious traffic infractions:

• Driving at excessive speeds (exceeding the limit by 50% plus 30 km/h).
• Reckless driving.
• Excessive vehicle occupancy.
• Driving against the established flow of traffic.
• Participating in unauthorized races.
• Failing to identify the driver responsible for an infraction.
• Driving without a valid license.
• Operating an unregistered vehicle.
• Failing to comply with mandatory driving functions or regulations.
• Failing to recognize or comply with instructions from authorized driver centers.