P.R. Laws tit. 9, § 5052

2019-02-20 00:00:00+00
§ 5052. Driver or authorized owner—-Bill of Rights

Any citizen who owns a driver’s license duly issued or authorized by the Secretary, and every owner or proprietor of a motor vehicle or trailer shall enjoy the following rights:

(a) To receive a cordial and efficient service from the official of the Department and all from all agencies, departments and instrumentalities of the Commonwealth Government.

(b) Shall be entitled to two (2) hours of his/her working day without being charged to any leave, and with pay, to renew his/her driver’s license.

(c) May obtain clear and precise information of any administrative traffic fine for which payment is being claimed when performing any transaction related to his/her driver’s license. The Department shall provide a copy of the issued ticket by any mechanical or electronic means available, which shall report the date, time and place of issue, as well as the name and badge number of the officer who issued the ticket. The lack of said information or any confusion on the same or any of its components shall automatically exempt the driver or owner from the payment of the fine.

(d) When renewing the license of a motor vehicle, its owner or proprietor shall be bound to pay only those fines corresponding to the eighteen (18) -month period immediately preceding its expiration date. He/she shall not be bound to pay any fines pertaining to a date prior to said term. In order for these fines to be eliminated from the vehicle’s record, it shall not be necessary to furnish proof of the payment thereof at the time of the renewal of the license of the motor vehicles, except if the Department proves that the same were never paid because the vehicle license where the fine appears was not renewed, unless the registered owner shows proof of having renewed such license.

(e) Any person who renews his/her driver’s license shall only be required to pay those fines which correspond to the period during which the permit was valid. No person shall be required to pay fines corresponding to previous years unless the Department shows that such fines were never paid because the driver’s license was not renewed for the term during which the fine was imposed.

(f) No lien shall be registered in the record of a driver or registered owner, except in cases where he/she had previously accepted said lien, as stated in a document to such effects, or when said lien was ordered by law or by the court. Nor shall an ex parte transfer be executed without having sent notice to the registered title holder by certified mail, with return receipt requested, at the address that appears on the motor vehicle or trailer registry, stating intent to such effects, as well as presenting evidence to the Secretary or his authorized representatives, unless there is a court order to such effects. Lack of proof of having complied with this requirement, shall nullify the process.

(g) Every motor vehicle title deed shall include information on its make or place origin, as well as its condition, in order to determine if the same is new, used, imported or salvage rebuilt, for the knowledge of the acquirer or any other interested party.

(h) Every motor vehicle license shall include information regarding the amount that, according to its vehicle classification, shall be paid for insurance coverage, including the compulsory liability insurance implemented through §§ 8051 et seq. of Title 26.

(i) Every ticket issued for incurring an administrative fault shall clearly state the name and badge number of the State Police or Municipal Police officer or any other authorized official who intervened in the case, and the specific provision of this chapter that was infringed.

(j) If a person does not have the financial capacity to pay a ticket within the thirty (30)-day period provided to satisfy the debt for a violation of this chapter, he/she may apply for a payment plan. It shall consist of an initial payment of 50% of the entire debt, having then additional installments as established by the Secretary of the Treasury, to pay off the remaining debt within a period that shall not exceed 12 months when the debt is for fines to the driver’s registration and 90 days when the debt consists of fines to the vehicle’s registration. While the person is complying with the payment plan no surcharges shall be imposed. If the person fails to comply with the payment plan, surcharges shall be accumulated with the debt from the time he/she fails to comply with the plan.

(k) Any person who has $500 or more in fines and penalties at the time of renewal or application for a duplicate of their driver’s license or motor vehicle permit, may apply for a payment plan. It shall consist of an initial payment equal to 25% of the debt, having then additional installments as established by the Secretary of the Treasury, in order to pay off the remaining debt within a period that shall not exceed 12 months when the debt is for fines registered to the driver’s record and 90 days when the debt consists of fines to the vehicle’s registration. When the person has availed him/herself of the payment plan and is complying with the same, no surcharges shall be imposed. If the citizen fails to comply with the payment plan, surcharges shall be accumulated with the debt from the time he/she fails to comply with the plan. Driver’s licenses and vehicle permits issued under a promise of payment shall be subject to the following conditions:

(1) Driver’s license certificates.— In these cases and once the corresponding fees are paid, the Department of Transportation and Public Works shall issue a provisional driver’s license certificate, with an expiration date that shall not exceed one (1) year. Once the remaining debt is paid off, the Department may issue a new driver’s license certificate with the expiration date applicable by law.

(2) Motor vehicle permits (tags).— In these cases, the Department of Transportation and Public Works shall issue the annual permit, but if the person fails to comply with the payment plan for two (2) or more consecutive installments, the annual permit will be revoked without the right to be reimbursed any portion of the fees paid. The vehicle whose permit has been revoked shall be prevented from traveling on public roads. This shall be recorded in the Motor Vehicle Registry.

At the time of making a transfer or cession of rights, the person who has been granted a payment plan for fines registered against a motor vehicle’s registration must pay off the debt in full, or the buyer must request a payment plan, assuming the debt as his.

History —Jan. 7, 2000, No. 22, § 3.02; June 3, 2004, No. 132, § 3; Nov. 2, 2007, No. 159, § 1; Dec. 21, 2010, No. 209, § 1; Mar. 8, 2011, No. 29, § 1.