The
Long Road to a New Transit Law
Six bills have been introduced in Congress for a new Transit
Law since 1990, but only this year is one expected to pass.
Indifference and lack of momentum has kept the Congress from approving
a Transit Law that has been proposed many times since the presidency
of Rafael Leonardo Callejas (1990-1994).
During Callejas' adminstration, the Secretary of Public Works and Transportation,
Mauro Membreño, presented the first proposal. Later, Congressman
German Aparicio proposed another Transit Law bill to Carlos Roberto
Reina (1995-1998). During the next presidential administration of Carlos
Roberto Flores (1999-2002), Tomás Lozano, then Minister of Public
Works, presented a third version.
In the present administration, Congressman Bernardo Rivera introduced
a fourth proposal for a Transit Law. The National Congress and the Minister
of Security both also introduced their own bills. The three proposals
are identical in addressing the same procedures and applications, including
sanctions.
Honduras is one of the few Latin American countries to have fallen so
far behind in legislation regulating transit. In nearly all the countries
of the world there is legislation regulating the status of vehicles
and the conduct of drivers.
|
Bernardo Rivera |
Congressman
Bernardo Rivera explains that he felt motivated to introduce the bill
because there is no Transit Law in Honduras, only a regulation dating
back to the 1950s, which is clearly insufficient.
"First of all, a regulation does not have the same authority as a
law," says Rivera. Since there is no legal definition included in
the existing regulation, all cases handled by a civil court instead of
by a criminal court.
Accordingto Rivera,
his proposal includes the best parts of all the previous proposals made
in earlier administrations. Plus, Rivera includes opinions from transit
authorities and experts in the field of overland transport. |
| "We
believe that a good Transit Law could reduce accidents by at least 38
to 40 percent, because it institutes a series of measures to improve the
driving of all citizens," he affirmed.
The problem Congress has had in approving the law is that all bills are
backed up in the slow legislative process, so that Congress approves bills
in order of priority and cannot get to all of them.
Rivera's proposal was accepted, but then tabled because, at the time,
attention was focused on the Electoral Law and the Law for the National
Registry of Persons. Then the Law for the National Autonomous University
of Honduras came up, and the Civil Aeronautics Law, the Penal Code, the
new Code for Civil Process, and on and on.
Another problem, explains Rivera, is that the National Congress spends
all its time on cosmetic solutions sent by the President or on laws directed
by the International Monetary Fund or other international credit agencies. |
The Congress
Building |
Congress's
slowness is a product of the national legal code based on legislation
from 1906. The entire system is nearly a century out of date. So, it is
necessary that legislation be updated for today's reality considering
the modern realities and the changes on the international stage.
Rivera does not believe
that there are interests working against the approval of the Transit Law.
He says that even the President of Congress, Porfirio Lobo, promised that
the law would be approved by June or July at the latest. |
Rivera is hoping that the Transit Law will be taken up by Congress as
soon as the Law for the University is approved.
Congress is thinking of approving a Transportation Law at the same time,
since the two are closely related and can together fill the existing gaps
in the national transit system.
With the approval of these laws, the government will be able to establish
traffic and transit courts, independent of the Supreme Court, to enforce
the new legislation.
A new budget will also have to be assigned to the Transit Police to provide
them with all the equipment necessary in enforcing the law. The Transit
Police should also receive greater professional training and a uniform
that distinguishes them from the National Police.
According to Rivera, the Law should clearly define the procedures for
controlling drunk driving so that the Transit Police will have the authority
and capacity to administer alcohol tests to suspected drunk drivers and
to rely on these tests as evidence in court.
The sanctions for drunk driving, says Rivera, should be severe and should
be based on the minimum wage and community service. A person convicted
of the crime of drunk driving may pay the fine and then commit the same
infraction. But a person who must work in community service will surely
think about making the same mistake again.
"We think that if you drive drunk and get your license canceled and
have to work for a month cleaning a school, it will be better for society
in the long run than if you just pay a fine," comments Rivera.
The congressman is proposing that the legal blood alcohol limit for driving
be reduced to 0.05 and that the alcohol concentration in alcoholic drinks
be reduced, as has already been done in some cities in Venezuela and Brazil.
"If Yuscarán, a local alcoholic drink, is 42 proof, why don't
we lower that to 28 or 30? If rum is 35 or 40 proof, why don't we reduce
that to 18 or 20? Honduran beers have the highest alcohol content in the
world," asserts Rivera.
To prevent many traffic tragedies from going unpunished, Rivera suggests
that Public Prosecutors accompany police patrols to handle any situation,
like they do in some cities in the United States. That would prevent people
from bribing the police to avoid being cited, as happens commonly now.
According to Rivera, the new legislation's success will hinge on the direct
and indirect cooperation of all the agencies and people involved in doing
their jobs for the good of society.
The legislators are already considering a six-month time period for the
application of the new law, during which all the parties involved will
be educated about the new procedures so that no one can claim ignorance.
www.revistazo.com |