P.R. Laws tit. 9, § 5038

2019-02-20 00:00:00+00
§ 5038. Special permits to non-residents

Special permits shall be issued to motor vehicles, trailers, or semi-trailers issued outside of Puerto Rico, subject to the following rules:

(a) The Secretary shall issue, within a term that shall not exceed one hundred twenty (120) days and within any twelve (12)-month period, to any owner of a motor vehicle, trailer, or semi-trailer authorized to travel in any state or jurisdiction of the United States or in any foreign country that so requests, a motor vehicle, trailer, or semi-trailer permit, as the case may be; provided, that said motor vehicle, trailer, or semi-trailer is used for private and not for commercial purposes.

(b) Motor vehicles, trailers, or semi-trailers to which the permit is issued shall be registered in the motor vehicle, trailer, or semi-trailer registry pursuant to the provisions of §§ 5006 and 5007 of this title.

(c) Commercial container trailers or semi-trailers proceeding from the United States or any other foreign country shall be registered in the Department upon payment of the corresponding fees in a special registry to be established by the Secretary.

(d) The fees to be paid for registering trailers and semi-trailers shall be computed on the basis of one hundred dollars ($100) multiplied by the daily average of trailers or semi-trailers that the company kept traveling on the thoroughfares of the jurisdiction of Puerto Rico during the immediately preceding calendar year. The Secretary shall provide, through regulations, the requirements and form of payment to comply with this special registry.

(e) The Secretary shall issue a number to each maritime company, terminal operator, and/or owner of the fleet of trailers and semi-trailers certifying that they have complied with their annual duty pursuant to subsection (c).

(f) The maritime companies, terminal operators, or owners of trailers and semi-trailers fleets shall include in all Equipment Interchange Receipts the number of the certificate issued by the Secretary authorizing a trailer or semitrailer fleet to travel on the thoroughfares of Puerto Rico. The Equipment Interchange Receipts shall contain a certification of the operator of the motor vehicle guaranteeing that the trailer or semi-trailer has been duly inspected. To omit this certification shall entail a fine of two hundred dollars ($200) to the operator of the heavy motor vehicle. The operator of the motor vehicle may be required to show the Equipment Interchange Receipt, which he/she must carry at all times when operating that type of vehicle on the thoroughfares of Puerto Rico.

(g) Every maritime transportation company, terminal operator, or owner of a fleet of trailers or semi-trailers shall submit to the Department, not later than July 15 of the current year, a calculation of the number of trailers and semi-trailers pursuant to the provisions of subsection (d) of this section. Said companies or their authorized agents shall be responsible for paying to the Secretary of the Department of the Treasury the amount owed as provided in subsection (d).

(h) Every maritime transportation company, terminal operator, and/or owner of a fleet of trailers or semi-trailers shall be responsible for keeping a record of all trailers or semi-trailers that have traveled on the thoroughfares of Puerto Rico during the past five (5) years.

(i) The Department shall conduct periodic audits to oversee faithful compliance with the Act and its regulations. Should said audit indicate payments in excess a credit shall be granted; if otherwise, the Department shall issue a notice for collection of the pending balance. The preceding shall proceed provided the Company shows that there was no intention of submitting false information or of defrauding the Department.

(j) After the corresponding payments have been made pursuant to subsection (d), the commercial trailers and semi-trailers in transit between Puerto Rico, the United States, or any other foreign country may travel on the thoroughfares of Puerto Rico for a maximum term of one (1) year.

(k) Maritime transportation companies, terminal operators, or owners of a fleet of trailers or semi-trailers that fail to pay the fees pursuant to subsection (d) shall be guilty of an administrative fault that shall entail a five hundred dollar ($500) fine.

(l) Container trailers whose license plates or vehicle license tags from the State or country of origin have expired shall be registered under the name of the maritime transportation company which so requests, upon payment of the corresponding fees established in this chapter.

(m) Trailers or semi-trailers arriving in Puerto Rico to be shipped to another port outside of the Island shall not be deemed to be in transit on the thoroughfares of Puerto Rico.

(n) This chapter shall be of prospective application as of the date of its approval; however, natural and juridical persons to whom this chapter applies shall have the obligation to pay the travel fees corresponding to the June 2011 to July 2012 period in order to satisfy and settle any past, present, or future obligation or dispute relating to travel fees prior to the date of approval of this act. The travel fee for the June 2011 to July 2012 period shall be payable in the same manner established by these amendments.

History —Jan. 7, 2000, No. 22, § 2.37; June 3, 2004, No. 132, § 2; Aug. 19, 2005, No. 57, § 2; Sept. 15, 2012, No. 260, § 1.