AMET stopped from towing cars
Following a case brought by Juan de Jesus Javier Polanco, who alleged that it was unconstitutional for the Metropolitan Transport Authority (AMET) to retain vehicles without a court order, the Constitutional Court has said that it is illegal for vehicles to be impounded following a traffic violation and that there should just be a fine instead.
They said that if a vehicle was illegally parked, the first step should be to find the driver and ask him or her to move the vehicle. In cases where the driver could not be found the vehicle could be moved but only to a place that is close enough to its original location so that the driver could see it when he or she returned. The new parking place should be a safe place to park. If there is no safe place to park the vehicle nearby they could then take the vehicle into custody until the owner pays the fine to reclaim it.
If the owner does not reclaim the vehicle within 60 days then the car can be sold at public auction to cover the removal and storage costs.
A vehicle can be confiscated if it does not have vehicle tax, has a license plate that belongs to another vehicle, if the chassis number has been erased, or if it has been involved in a traffic accident and the driver has fled the scene.
Source: Dr1, Listindiario
March 10, 2015
UPDATE (March 12):
Court says AMET can’t seize vehicles
The talk of the town is the Constitutional Court recent decision that says that neither the National Police nor the Metropolitan Transportation Authority (AMET) can tow vehicles away from their legitimate owners without a sentence from a judge. If they do, they will have to pay a RD$50,000-a-day penalty for holding the vehicle.
According to El Nuevo Diario, the judges of the highest court warned that AMET is not allowed to seize, retain or embargo any vehicle without authorization from a judge, since this is a violation of articles 6, 8, 40 and 51 of the Constitution and article 8 of the American Convention.
The Constitutional Court decision is popular as thousands of car owners have been affected by the seizure of their cars or motorcycles, which are often returned with parts missing.
The court said in no uncertain terms that removing vehicles is not part of AMET’s remit and that the Police can only remove a vehicle “if the owner has given written consent.”
Category: DR News |