P.R. Laws tit. 9, § 5001

2019-02-20 00:00:00+00
§ 5001. Definitions

The following terms shall have the meanings stated hereinbelow, except as otherwise clearly indicated by the context.

(1) Sidewalk.— Shall mean that portion of the public road built specifically for the use of pedestrians.

(2) Law enforcement officer.— Shall mean an officer of the Puerto Rico Police, the Municipal Police or the Corps of Engineers of the Department of Natural and Environmental Resources.

(3) Height of vehicle.— Shall mean the maximum vertical dimension of a vehicle from the surface of where it is parked, including the cargo and devices to sustain or hold the same.

(4) Width of vehicle.— Shall mean the maximum transversal dimension of a vehicle, including the cargo and devices to sustain or hold it, excluding safety devices, such as rearview mirrors and tire bulk.

(5) Automobile year.— Means the year of the model of the automobile.

(6) Excise taxes.— Means the excise taxes applicable to automobiles as established by § 9014 of Title 13, part of the act known as the “Internal Revenue Code of 1994”.

(7) Trailer.— Shall mean every vehicle not propelled by motive power, with two (2) or more load-bearing axles, designed and built to carry goods on or within its structure and to be drawn by a motor vehicle, the latter not having to support fully or partially the load weight.

(8) Leaseholder.— Shall mean any natural or juridical person in possession of a vehicle through lease from its titleholder.

(9) Moped or scooter.— Shall mean any self propelled vehicle with two (2) or more wheels, in contact with the road, provided with an engine whose braking capacity does not exceed five (5) horsepower, and which shall include, among others, vehicles known as minibikes, scooters, go-carts, and bicycles with an attached motor, as well as any other device with two (2) or more wheels whose engine does not exceed five (5) horsepower. These vehicles shall not be authorized to operate on public roadways.

(10) Automobile.— Shall mean any motor vehicle especially designed to transport less than eleven (11) passengers, including the driver, with or without pay, with the exception of motor scooters and motorcycles.

(10a) Luxury automobile.— Means any automobile as defined by subsection (10) of this section and which has a sale price of forty thousand dollars ($40,000) or more for private use.

(11) Automobile driven by whomever rents or leases the same.— Shall mean every automobile driven by the person who rents it and shall not be deemed for purposes of this chapter as a public service automobile. The fees to be paid for such automobiles shall be determined pursuant to the type and use of the vehicle, as provided in this chapter.

(12) Turnpikes.— Shall mean those highways especially designed and built for a high capacity of motor vehicle traffic in one or both directions, at high speeds with controlled access, and for which payment of a toll may be required.

(13) Authority.— Shall mean the Highway and Transportation Authority of Puerto Rico.

(14) Local authorities.— Shall mean every government entity, including public corporations and the municipal legislatures of the municipalities of Puerto Rico, with authority to legislate or promulgate regulations in matters concerning the traffic of vehicles or motor vehicles in the areas under their jurisdiction, pursuant to the laws in effect in the Commonwealth of Puerto Rico.

(15) Bicycle.— Shall mean any vehicle propelled by muscular power, consisting of one (1)[sic] or more wheels, built to carry one (1) or more persons on its structure.

(15a) Dome lights.— Shall mean the device equipped with fixed colored intermittent lights that indicate a warning or emergency.

(16) Alley.— Shall mean any public road giving access to the rear of a property or building, and which is not used for the constant traffic of vehicles.

(17) Private road.— Shall mean any road located within a private property, not intended by its owner for public use.

(17a) [Pathway].— Shall mean a public road giving access to properties, parks or any type of structure that is not intended for through traffic of vehicles or motor vehicles.

(18) Truck.— Shall mean an automotive vehicle used mainly for the transportation of merchandise or freight, excluding trailers, whose gross weight does not exceed ten thousand and one (10,001) pounds, pursuant to manufacturing specifications.

(19) Heavy truck.— Shall mean any motor vehicle used mainly for the transportation of merchandise or freight, excluding trailers, whose gross weight is greater than ten thousand and one (10,001) pounds, pursuant to the specifications of the manufacturer.

(19a) Trailer truck semitrailer-semitrailer.— Shall mean any combination of a motor vehicle with two (2) semitrailers, in which the same are connected by a rigid mechanism (B-train) at the rear of the first semitrailer, which allows connection by means of a dolly to the fifth wheel of the second semitrailer.

(19b) Dump truck.— Any motor vehicle mainly used for hauling aggregate material, whose box is mounted on the truck chassis, uses a hydraulic system to unload its contents and does not exceed the load capacity established by the manufacturer.

(19c) Transfer dump truck.— A motor vehicle that is used to pull a dump trailer, as defined in subsection (19d) of this section, that has a self-unloading hydraulic system.

(19d) Pup trailer.— A two (2) or more axle cargo vehicle that is not self-propelled, designed and built to carry aggregate material within its structure, pulled by a motor vehicle called transfer truck, which has a self-unloading hydraulic system, and whose cargo capacity shall be that provided in the regulations that govern the dimension and weight of vehicles traveling in public thoroughfares.

(20) Lane.— Shall mean a section of road designated for forward movement of motor vehicles or trailers, divided by traffic lines marked on the pavement.

(21) [Acceleration and deceleration lanes].— Shall mean respectively those lanes that are provided so that motor vehicles may increase their speed when entering a public highway and decrease the speed when exiting it.

(21a) Emergency lane.— Shall mean the lane identified with the letter “E” on public highways of two (2) or more lanes, for use by authorized vehicles during an emergency.

(22) Special lane.— Shall mean a lane designated by the Secretary to be used exclusively by busses, authorized vehicles or motor vehicles that transport more than two (2) passengers, and which meet the requirements promulgated by the Secretary by means of regulations to such effects.

(23) Exclusive lane.— Shall mean a lane designated by the Secretary to be used exclusively by busses of the Metropolitan Bus Authority and other vehicles or motor vehicles authorized by the Secretary through regulations, whether against the existing traffic, or in the same direction, as determined by the Secretary.

(23a) Exclusive bicycle lane.— Shall mean that lane defined by the Secretary to be used by cyclists as an alternate route to a controlled access highway, whether, heading against the existing traffic, or in the same direction, as determined by the Secretary, it being understood that the safety and traffic rules authorized by the Secretary through regulations shall be respected. The Secretary shall adopt a symbol to be used to identify this exclusive bicycle lane, both on signs as well as on the pavement.

(24) Turn only lane.— Shall mean a lane marked by a sign or mark on the pavement to be used exclusively to perform the turns indicated by said marks or signs.

(24a) Carriage.— Shall mean a wheeled vehicle consisting of a frame made of wood or iron, mounted on wheels. This definition includes cars, coaches and buggies.

(25) Ownership certificate.— Shall mean the document issued by the Secretary of Transportation and Public Works, which certifies ownership of a natural or juridical person over a motor vehicle or trailer, and all the data required by this chapter regarding its description and identification, as well as the manner and necessary information to transfer such ownership.

(26) CESCO.— Shall mean the acronym in Spanish for Drivers Service Center.

(26a) Cyclist.— Shall mean any person who rides or has physical control of a bicycle on a public highway for sports, recreational or transportation purposes.

(27) Commission.— Shall mean the Public Service Commission.

(28) Sales dealer of motor vehicles or trailers.— Means any natural or juridical person who is totally or partially engaged in the retail sale of motor vehicles or trailers and who sells as part of an enterprise, business, dealership or company, motor vehicles or trailers for profit in Puerto Rico and who is duly authorized to do so. Said term excludes financial institutions, insurance companies or leasing companies.

(29) Service dealer.— Shall mean any natural or juridical person authorized by the Secretary of the Department of Transportation and Public Works to render services that are regularly rendered by the Department.

(30) Special dealer.— Shall mean any natural or juridical person engaged in efforts for the recovery, salvage, repair, reconstruction and sale in limited quantities of wrecked motor vehicles or trailers, pursuant to the provisions of this chapter and upon prior authorization of the Secretary of the Department of Transportation and Public Works, subject to the regulations promulgated to such effects.

(30a) Non-resident sales dealer of motor vehicles and trailers.— Means any natural or juridical person who is totally or partially engaged in the retail sale of motor vehicles or trailers and who sells as part of an enterprise, business, dealership or company, motor vehicles or trailers for profit in any state of the United States or in any foreign country and who is duly authorized to do so. Said term excludes financial institutions, insurance companies or leasing companies.

(31) Driver.— Shall mean any person who drives or has physical control in the area of the steering wheel of a vehicle or motor vehicle. He/she shall be deemed to be an authorized driver when he/she has obtained a driving license, which is in effect.

(31a) Certified driver.— Shall mean any person that acquires, for its use and enjoyment, a motor vehicle through a lease agreement, daily rental agreement, or retail installment sales contract, including any person authorized by the former to drive or have physical control of the steering wheel of the motor vehicle subject to the lease agreement, daily rental agreement, or retail installment sales contract.

(32) Department.— Shall mean the Department of Transportation and Public Works.

(32a) Traffic Ordinance Corps.— Shall mean the public officials or employees program of the Department on whom the Secretary delegates the power to issue tickets for administrative offenses related to and adopted by virtue of this chapter, which do not constitute violations by moving vehicles, except with regard to the provisions of subsection (j) of § 5222 of this title related to the intelligent traffic signals and the fines related to The Truck Weight Program of the Department, as provided in § 5456 of this title, for administrative traffic offenses related to violations of the dimensions and weight of the vehicles and their loads. The Traffic Ordinance Corps may use the electronic ticketing system.

(33) Right of way.— Shall mean the right that a vehicle or pedestrian has to proceed in a lawful manner and in preference to another approaching vehicle or pedestrian whenever the circumstances regarding speed, direction and proximity are such that an accident could occur, unless either one yields right of way.

(34) Stand or standing.— Shall mean the instant halting of a vehicle with or without passengers, unless fully halted while engaged in receiving or discharging passengers.

(35) DISCO.— Shall mean the acronym in Spanish for the Office of Drivers Services.

(35a) Ignition Interlock Device.— Means a tool based on a technology that meets the specifications and standards established by the National Highway Traffic Safety Administration (NHTSA) that: connects a breath measuring device to the ignition system of a motor vehicle; is constantly available to monitor the breath alcohol concentration of any person attempting to start a motor vehicle using its ignition system; and prevents the ignition switch from starting the engine, unless the person produces an appropriate breath sample for the device, showing that his/her breath alcohol concentration is below the preset limit.

(36) Motor vehicle distributor.— Shall mean any natural or juridical person who imports motor vehicles or trailers, directly from the manufacturer, for wholesale to dealers.

(37) Owner of a vehicle.— Shall mean any natural or juridical person who has a vehicle or motor vehicle registered in his/her name in the Department.

(38) Axle.— Shall mean the common rotation bar that links one (1) or more segments of one (1) or more wheels, propelled by energy or rotating freely, separately or continuously, regardless of the number of wheels in the vehicle.

(39) Gas emission.— Shall mean the residues emitted by motor vehicles into the environment as a result of fuel burned by the engine that propels such vehicle.

(40) Special endorsement.— Shall mean such authorization issued by the Secretary to those persons who meet the requirements established in this chapter to drive certain types of motor vehicles and, in addition, with the conditions established by the Commission, or by any other applicable federal and state legislation and regulations.

(40a) Hands-free device.— Shall mean any equipment, attachment, or internal function used with a mobile telephone or including, but not limited to mobile or wireless telephone built-in speakers and/or motor vehicle built-in speakers, wired or wireless earphones or headsets, Bluetooth devices, and speakers with wireless microphones. Such device may be connected to the mobile or wireless phone either with or without a wire.

(41) To park.— Shall mean to park or stop a vehicle or motor vehicle with or without occupants, when there is no intention to immediately continue to move it.

(41a) Parking lot.— Shall mean any public or private area used for parking vehicles or motor vehicles.

(42) Explosive.— Shall have the meaning established in §§ 561 et seq. of Title 25, known the “Explosives Act of Puerto Rico” and in any other applicable federal or state legislation or regulations.

(43) Pedestrian facility for persons with physical disabilities.— Shall mean any structure or facility on any public road, ramp, or parking area designated to facilitate access to persons with physical disabilities, as designated or defined by the Secretary of the Department of Health or the corresponding government authorities. Said facilities may be of the following type of structure:

(a) Pedestrian ramps.— Inclined walking surface which may connect several levels and which may be part of an exit or an entrance.

(b) Walkway.— Type of sidewalk with a continuous and defined surface at terrain level between public roads and buildings or parking areas or between parking areas and buildings.

(43a) Administrative infraction.— Administrative infraction shall mean any violation, fault, or noncompliance with the provisions of this chapter, whether directly committed by the driver and/or registered owner of a vehicle, which shall be recorded in the motor vehicle and trailer registry and in the driver’s record.

(44) Service franchise.— Shall mean the authorization granted by the Secretary to a natural or juridical person for the rendering of a service offered by the Department, through a contract subscribed by the parties, as promulgated by the Secretary through regulations.

(45) Garage.— Shall mean:

(a) Any location where motor vehicles are repaired, stored, rebuilt, painted, inspected or disassembled.

(b) Any carport or covered or uncovered structure, and any lateral patio where a vehicle is stored.

(46) License processing agents.— Shall mean any person authorized by the Secretary to engage in the business of handling or processing for another person an application to obtain or renew any type of motor vehicle license, with his/her authorization, and for which service a fee may be received.

(47) Tow truck.— Shall mean any motor vehicle built or equipped specifically to raise, pull or transport another vehicle or motor vehicle on its structure, or for both functions.

(48) Fees.— Shall mean money or any valuable, charged or imposed, collected, pledged, received or paid, directly or indirectly for any lawful service or act allowed or authorized in this chapter.

(49) Inspection of motor vehicles.— Shall mean the procedure established by the Secretary for the verification in those service stations or places specifically authorized therefor, of the mechanical condition of motor vehicles authorized to be driven on public highways.

(50) Intersection.— Shall mean the area comprised within the prolongation of the lateral curb lines, or in absence thereof, of the lateral lines within the roadways of two (2) or more public roads which join forming an approximate right angle, or the area in which vehicles that are traveling on different public roads that join at any other angle may come in conflict.

(51) Median.— Shall mean the area that includes the paved walkway and land or grass stretch, located in the center of the roadway of a public road, and which divides traffic in the same or opposite directions.

(52) Driver’s license certificate and license.— Shall mean the authorization issued by the Secretary to a person who meets the requirements of this chapter to drive certain types of motor vehicles on the public roads of Puerto Rico. Among the requirements to obtain a license 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, the driver must be accompanied by a driver authorized to drive such type of vehicle, except in the case of motorcycles in which an escort shall not be required, however, all the particular requirements established for the same in this chapter must be met. The learner’s permit to drive a motorcycle shall only be valid in the closed ranges to be created pursuant to this chapter and shall not be valid to operate a motorcycle in the expressways, state and municipal roads of Puerto Rico.

Any person under eighteen (18) but over sixteen (16) years of age must have a leaner’s permit for six (6) months before applying for a practical examination and no violations against any of the provisions of § 5058 of this title.

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 front passenger seat.

(b) Driver.— To drive private motor vehicles or private commercial vehicles, with or without payment therefor, with a Gross Vehicle Weight or “GVW” that shall not exceed three point twenty-five (3.25) tons or six thousand five hundred (6,500) pounds.

(c) Chauffeur.— To operate private motor vehicles or private or public commercial motor vehicles, with or without payment therefor, with a Gross Vehicle Weight or “GVW” that shall not exceed ten thousand and one (10,001) pounds.

(d) Heavy motor vehicles.— To operate any heavy motor vehicle, subject to the conditions, requirements, restrictions and regulations established by the Secretary, pursuant to the categories specified below:

(i) Type I heavy motor vehicles.— To drive any heavy motor vehicle whose Gross Vehicle Weight or “GVW” does not exceed seven and one half (7.5) tons or fifteen thousand (15,000) pounds.

(ii) Type II heavy motor vehicles.— To drive any heavy motor vehicle whose Gross Vehicle Weight or “GVW” does not exceed thirteen (13) tons or twenty-six thousand (26,000) pounds.

(iii) Type III heavy motor vehicles.— To drive any heavy motor vehicle whose Gross Vehicle Weight or “GVW” is greater than thirteen (13) tons or twenty-six thousand (26,000) pounds.

(iv) Heavy motor vehicles with a trailer or semi-trailer.

(e) Motorcycle.— To operate a motorcycle or other similar vehicle, the operator shall have any of the licenses listed in this section, in addition to the endorsement of the Secretary. The Secretary may, through regulations, issue the permit to operate a motorcycle and for these vehicles to travel on public roads, only when so designed for it by the maker or manufacturer.

(f) Special endorsement.— To operate a motor vehicle that transports hazardous materials. The Secretary shall only issue this type of license when the applicant meets all the requirements established in this chapter, the conditions set forth by the Public Works Commission, and any other applicable federal or state legislation or regulations.

(53) Lane line.— Shall mean a white broken line dividing two (2) lanes for one-way traffic.

(54) Reversible lane line.— Shall mean two (2) broken parallel and adjacent lines marked upon a public road to divide the boundary of a lane in which traffic direction is changed at certain times.

(55) Median line.— Shall mean a broken or continuous yellow line that divides the roadway of a public road separating opposing traffic movement, where it is allowed to pass another vehicle with due care and precaution.

(56) Center and no-passing line.— Shall mean two (2) continuous yellow lines dividing the roadway of a public road to separate opposing traffic movements and to indicate that all traffic must keep to their right, and where it is only allowed to cross the same to make a left turn.

(57) No-passing line.— Shall mean:

(a) A continuous yellow line marked along a public road and to the right of a continuous yellow center line, or a lane line, to indicate that all traffic in a lane marked with such continuous yellow line must keep to the its right, except if a left turn is to be made with due precaution. Traffic in the opposite direction may cross the yellow broken median line to overtake and pass another vehicle with due precaution.

(b) Two (2) continuous white lines that run along a public road to separate traffic in the same direction and to indicate that all vehicles must keep in their corresponding lane, and that it is prohibited to cross said lines.

(58) Flammable liquid.— Shall have the meaning established in §§ 2701 et seq. of Title 24, known as the “Substances Act of Puerto Rico” and any other applicable federal or state legislation and regulations.

(59) Solid rubber tire.— Shall mean every rubber tire that is not pneumatic.

(60) Pneumatic tire.— Shall mean any tire filled with compressed air.

(61) Length of the vehicle.— Shall mean the maximum longitudinal dimension of a vehicle or combination of vehicles.

(62) Total length.— Shall mean the maximum longitudinal dimension of a vehicle or combination of vehicles, including cargo and devices to support and hold the same, but excluding safety devices whose function is other than supporting or holding cargo.

(63) Motorcycle.— Shall mean all vehicles having two (2) wheels or more with an engine displacement of 45cc or greater or with an engine capacity of more than six (6) horsepower that may reach a minimum speed of thirty-five (35) miles per hour and that also comply with the regulations established by the federal agencies that regulate highway traffic safety. The Secretary shall adopt through regulations the requirements that must be met by these vehicles to be duly authorized to travel on public roads.

(63a) Fine.— Fine shall mean a monetary penalty imposed on the driver and/or the registered owner of a vehicle for having incurred an administrative or criminal infraction.

(64) Non-resident.— Shall mean any person who has not had a fixed place of residence in Puerto Rico for over one hundred and twenty (120) days during any natural year, but that, nevertheless complies with United States immigration laws applicable to aliens who are not American citizens.

(65) Notice by mail.— Shall mean to deposit in the United States Postal Service any correspondence addressed to the last known address of an addressee.

(66) Vehicle identification number.— Shall mean the identification number (VIN) assigned by the manufacturer and used by the Department for the exclusive identification of the motor vehicle or trailer in question.

(67) Public or private bus.— Shall mean every light or heavy motor vehicle, designed for the transportation of passengers in excess of ten (10) persons, including the driver, which may be for private or paid public use, provided it is in compliance with the requirements of the Commission.

(68) School bus or transport.— Shall mean any motor vehicle in compliance with color, identification and other required features established by the Secretary of the Department of Transportation and Public Works, jointly with the Commission and through regulations, and which is used for the transportation of school students to or from the school premises, for school related activities, but does not include buses operated by transportation businesses that are not exclusively engaged in the transportation of school students.

(69) Windshield.— Shall mean the glass located in the front part of vehicles to protect passengers from the impact of wind.

(70) To stop.— Shall mean the act of fully detaining the motion of a vehicle or a motor vehicle.

(71) Roadside.— Shall mean the side of a public road. Generally, it is located between the roadway and the adjacent properties or the midline. The areas thereof, whose condition makes motor vehicle or pedestrian traffic impossible or impractical, are not included in the definition.

(71a) Linear walk.— Shall mean a lane defined by the Secretary to be used by pedestrians or cyclists for recreational and transportation purposes.

(72) Crosswalk.— Shall mean:

(a) Any structure over or under a public road intended for pedestrian crossing.

(b) Any part of a public road intended for pedestrian crossing, marked by lines or other markings on the pavement.

(c) The width of a sidewalk in an intersection extending across the public road to the opposite sidewalk.

(73) Pedestrian.— Shall mean any person who travels on foot or who requires equipment to ease his/her movement.

(74) Person.— Shall mean any natural, individual group of individuals, partnership, association, corporation or juridical entity.

(74a) Person with a disability.— Shall mean any person with a physical or mental disability that substantially limits him/her, in one (1) or more principal activities of his/her life, who has a history of such disability, or is deemed to be a person with such a disability.

(75) Motor vehicle or trailer permit.— Means any certificate of registration of a motor vehicle or trailer issued by the Secretary, authorizing a motor vehicle or trailer to operate on the public roads of Puerto Rico. Only one (1) sticker shall be affixed to the motor vehicle during the year of effectiveness of the fees paid.

(76) Special permit.— Shall mean a written authorization issued by the Secretary of Transportation and Public Works or his/her authorized representative to move or operate a vehicle, motor vehicle, or combination of vehicles with a weight or dimensions greater than those provided in this chapter, or with loads that, because of their nature or size, cannot be divided and exceeds the limits established by this chapter or its regulations, on the public highways of Puerto Rico and strictly under the conditions specified thereby, for a limited time.

(77) GVW or gross vehicle weight.— Shall mean the weight equal to the sum, stated in pounds or tons, of its cargo capacity, vehicle weight, maximum volume fuel weight, the weight of all motor fluids, plus the approximate weight of two (2) adults, which shall not be less than one hundred and fifty (150) pounds per person.

(78) Axle weight.— Shall mean the total weight transferred to the pavement by an axle.

(79) Police.— Shall mean the Puerto Rico Police.

(80) Municipal police.— Shall have the meaning established in §§ 1062—1078 of Title 21, known as the “Municipal Police Act”, or in any law that subsequently governs on such matter.

(81) Owner.— Shall mean any person who possesses a vehicle or a motor vehicle or any license or authorization issued by the Secretary.

(82) Taxable price in Puerto Rico.— Means the price as defined in § 9001 of Title 13, part of the act known as the “Puerto Rico Internal Revenue Code of 1994”.

(82a) Sales price.— Means the taxable price of the automobile in Puerto Rico, plus the corresponding amounts on account of excise taxes.

(83) General working press.— Shall mean those persons duly accredited by the Department of State of Puerto Rico, who are engaged in the search for information for the news media and for whom the same constitutes their primary means of living.

(84) Drag racing.— Shall mean the use, unauthorized by the Secretary, of one (1) or more vehicles or motor vehicles, in an attempt, whether by mutual agreement or not, to pass or prevent another vehicle or motor vehicle from passing him/her to arrive at a location before another vehicle or motor vehicle, or to test the physical resistance of drivers for long distances. For the purposes of this chapter, it shall be understood that this definition includes competitive racing, speed trials, and acceleration contests, including those illegal contests that take place in public areas or highways not authorized for this type of events.

(84a) Redistributor of motor vehicles or trailers.— Means any natural or juridical person authorized to redistribute motor vehicles or trailers owned by financial institutions, insurance companies, leasing companies or sales dealers of motor vehicles or trailers through bidding procedures, whereby the same are passed on to sales dealers and non-resident sales dealers of motor vehicles or trailers.

(85) Revoking of a driving license.— Shall mean the cancellation by the Secretary of a driving license, which shall not be subject to renewal or reinstatement, except in those cases and in the form established in this chapter.

(86) Secretary.— Shall mean the Secretary of the Department of Transportation and Public Works of Puerto Rico.

(87) Compulsory liability insurance.— Shall mean the required liability insurance for any person who registers a motor vehicle license for the first time or renews it after the approval of §§ 8051 et seq. of Title 26, known as the “Compulsory Motor Vehicle Liability Insurance Act”.

(88) Semi-trailer.— Shall mean any vehicle lacking motive power, with one (1) or more cargo axles, designed and built to carry goods on its own structure and to be towed by a motor vehicle, in such manner that part of its own weight or that of the cargo transported rests over or [is] sustained by the towing motor vehicle. The semi-trailer can be of the Roll On-Roll Off (RO-RO) type or the Lift On-Lift Off (LO-LO) type.

(89) Traffic signals.— Shall mean any signal, traffic control light, mark or device consistent with this chapter, which has been installed or placed by order of a competent government body or official, for the purpose of regulating, controlling or managing traffic.

(90) Automatic traffic control system.— Shall mean any system operated by the Secretary or by a government agency or private company designated or hired under contract by the Secretary, through which a motor vehicle and its license plate may be registered on photograph, microphotograph, video or any other type of image capturing, at the moment of committing a traffic violation.

(91) Electronic toll system.— Shall mean a toll collection system through a prepaid account established by a person or owner for such purposes, managed by means of an electronic device installed in the vehicle, which transmits information to a reading device that electronically collects said information to debit the amount of the toll to said account.

(92) Biometric system.— Shall mean any automated system for the identification of persons implemented by the Secretary and which has been designed to measure personal features and recognize or verify the identity of every person requesting the Secretary issue of a certificate, license or any document accrediting the identity of the applicant.

(92a) Light transmission seal of approval.— Shall mean the seal that certifies that a motor vehicle has been duly inspected and meets all the provisions of law regarding the use of tinted glass.

(93) Superintendent.— Shall mean the Superintendent of the Puerto Rico Police.

(94) Suspension of license.— Shall mean the annulment of a driver’s license or any authorization issued by the Secretary for a specified term.

(95) License plates.— Shall mean the individual identification issued by the Secretary as part of the motor vehicle or trailer permit, which may contain numbers or letters or a combination of both.

(95a) Identification card.— Shall mean the certificate issued by the Secretary to a person who does not have a driver’s license.

(95b) Mobile or wireless telephone.— Shall mean an electronic wireless device including, but not limited to cellular telephones, Personal Communication Service telephones or PCS, or other electronic devices that allow access to a telephone network through the electromagnetic spectrum.

(96) Tractor or tow truck.— Shall mean any light or heavy motor vehicle designed to pull another vehicle not equipped to carry freight on its structure.

(97) Traffic.— Shall mean movement of pedestrians, vehicles or motor vehicles and animals on a public highway.

(98) Stinger-steered automobile transporter.— Shall mean any combination of hauler truck and trailer provided with a fifth wheel located on a drop frame below and behind and at a lower level than the rear -most axle of the power unit, which frame extends over the cab of the towing unit and over the semi-trailer.

(99) Train or railroad.— Shall mean any machine propelled by electric, solar or any other type of power designed and used for the transportation of cargo or passengers, with or without wagons, operated on rails, except for streetcars.

(100) Vehicle.— Shall mean any machine or animal in which or by means of which any person or property is or may be transported or carried upon a public road, with the exception of those exclusively used on rails.

(101) Motor vehicle.— Shall mean every self-propelled vehicle, designed to operate on public roads, except the following vehicles or similar vehicles:

(a) Traction machines.

(b) Road rollers.

(c) Tractors used for agricultural purposes exclusively, provided they not operate on the public roadway.

(d) Traction power shovels.

(e) Road construction or maintenance equipment.

(f) Well drilling machines.

(g) Small-wheeled vehicles used in factories, warehouses and railroad stations.

(h) Vehicles moving on rails, by sea or air.

(i) Vehicles operated on private property.

(j) Vehicles designed by the manufacturer to be used off the public road.

(102) Commercial motor vehicle.— Shall mean any motor vehicle designed and used for the transportation of passengers, freight or merchandise, with or without pay, which may be public or private, and which meets any of the following requirements:

(a) Has a gross weight or combined gross weight that does not exceed ten thousand and one (10,001) pounds; or

(b) is used, through pay, for transportation of more than fifteen (15) passengers, including the driver; or

(c) is used for transportation, without pay, of more than fifteen (15) passengers, including the driver, or

(d) is used for the transportation of hazardous materials.

(103) Emergency motor vehicle.— Shall mean any motor vehicle of federal, state and municipal public safety agencies, including, but not limited to, the Firefighters Corps, the Puerto Rico Police, the Municipal Guard, the Commonwealth of Puerto Rico and Municipalities Emergency Management and Disaster Administration Agency, the Public Works Commission, the Office of the Secretary of Justice, the Ranger Corps of the Department of Natural and Environmental Resources, the Armed Forces, the vehicles authorized by the Environmental Quality Board, the General Court of Justice and the Corrections Administration, as well as ambulances and every public or private motor vehicle thus designated or authorized for such purposes by the Secretary, when they are used in emergency services.

(104) Motor vehicle driven by short or long-term lessor or renter.— Shall mean any motor vehicle driven by the person who rents or leases it and is not considered as a public service motor vehicle. The fees to be paid for such vehicles shall be determined pursuant to the type and use of the vehicle, as provided in this chapter. This definition does not include those motor vehicles acquired through financial leasing agreements and devoted to rendering a paid public service.

(105) Registration exempted vehicle.— Shall mean those motor vehicles included in subsection (98) of this section, which, however, must be duly identified by their owners, as established by the Secretary by regulations, to be able to use public highways.

(106) Exempted confidential vehicle.— Shall mean any motor vehicle assigned to any law enforcement agency or government body, whether state or federal, used to conduct public safety related investigation, for which the Secretary shall issue a special permit, as provided through regulations.

(107) Heavy motor vehicle.— Shall mean any motor vehicle, that according to factory specifications may have a gross vehicle weight (GVW) in excess of ten thousand and one (10,001) pounds.

(108) Heavy motor vehicle for public use.— Shall mean every public heavy motor vehicle used by its owner as his/her primary working tool under the following conditions:

(a) The heavy motor vehicle shall be operated by its owner.

(b) The proprietor of the heavy motor vehicle does not possess, control, rule nor have any share or interest in any other heavy motor vehicle engaged in paid hauling of freight.

(c) The heavy motor vehicle shall, as a matter of fact, be devoted to the transportation of freight, for pay.

(108a) All-terrain vehicles.— Shall mean any three (3) or 4 (four)- wheel motor vehicle with a motorcycle-style seat which the driver rides on a motorcycle fork; with a handlebar for control and steering, and a high-efficiency gasoline propelled motor destined specifically to be used off of paved roads, better known as “off road”.

(109) Automobile transporter.— Shall mean any combination of vehicles designed and built to specifically transport assembled vehicles.

(110) Boat transporter.— Shall mean any combination of vehicles designed and built specifically to transport assembled boats or boat hulls.

(111) Windows.— Shall mean the lateral or rear windows of motor vehicles, which allow incoming air or light, depending on their construction.

(112) Former prisoner of war veteran.— Shall mean any natural person duly certified as such by the Federal Department of Veterans Affair.

(113) Public highway.— Shall mean any street, road or state or municipal highway, as well as any street, road or highway located on lands belonging to public corporations created by law and their subsidiaries, and shall comprise the total width between the boundary lines of every public highway open to public use for the traffic of vehicles or motor vehicles.

(114) Controlled access public road.— Shall mean any public road, to which a person may gain access if in compliance with the determinations established by authority, according to the body of laws in effect.

(115) Preferential public highway.— Shall mean any public highway or portion thereof, upon which the traffic of motor vehicles has a preferential right of way over motor vehicles coming from other public highways, in compliance with “stop” and “yield” signs, or any other official sign installed to regulate traffic.

(116) Loading and unloading zone.— Shall mean the space in a public road designated exclusively for loading and unloading merchandise from motor vehicles and trailers.

(117) Motor vehicle inspection zone.— Shall mean any place or portion of a public highway officially designated by the Secretary for the inspection of motor vehicles and to verify their compliance of the provisions of this chapter and of other applicable statutes.

(118) No passing zone.— Shall mean that portion of a public road marked with a no passing line, with a center and no passing line, or with equivalent signals.

(119) Weighing and inspection zone.— Shall mean any zone or portion of a public road reserved and officially designated by the Secretary for the inspection of heavy motor vehicles or trailers and to verify compliance with the provisions of this chapter and other applicable laws regarding the maximum weight allowed for such vehicles and other related provisions.

(120) Pavement or roadway zone.— Shall mean the portion of a public road designated for the traffic of vehicles, excluding the shoulders of the road.

(121) Safety zone.— Shall mean the area or space of a roadway zone officially designated for the exclusive use of pedestrians, which shall be protected, marked or indicated by signals to make the same clearly visible while being designated as a safety zone.

(122) School zone.— Shall mean every section of a public road located in front of a school, in addition to the section of the public road at each side in front of a school and with a variable length, duly identified with the corresponding traffic signals.

(123) Urban zone.— Shall mean and include those sections of the public road lined at both sides by buildings devoted to housing, businesses or industries, at an average rate of less than fifteen (15) meters by a distance of not less than four hundred (400) meters.

(124) Rural zone.— Shall mean and include those sections of the public highway outside of the limits defined in subsection (120) of this section, as well as any zone expressly designated as such under the regulations promulgated by the Puerto Rico Planning Board.

History —Jan. 7, 2000, No. 22, § 1.02–1.124; Oct. 9, 2000, No. 414, §§ 1–8; Mar. 27, 2003, No. 100, § 1; June 3, 2004, No. 132, § 1; Aug. 13, 2004, No. 213, §§ 4, 5; Aug. 1, 2005, No. 42, § 1; Aug. 19, 2005, No. 57, § 1; June 30, 2006, No. 116, § 1; June 29, 2007, No. 55, § 1; Aug. 10, 2007, No. 107, § 1; Aug. 13, 2008, No. 252, § 1; July 26, 2010, No. 94, § 1; Nov. 1, 2010, No. 160, § 1; Oct. 11, 2011, No. 201, §§ 1, 2; Mar. 16, 2011, No. 33, § 1, eff. one year after Mar. 16, 2011; June 13, 2012, No. 111, § 1, eff. 180 days after June 13, 2012; Sept. 15, 2012, No. 253, § 1; Nov. 11, 2013, No. 130, § 1.