Fines Against Owners of Modified Automobiles are Unconstitutional

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Drivers who have been ticketed for driving behind the wheel of souped-up cars with modifications to the engine, injection or emissions do not have to pay any fines at this time. Sala Cuarta (Constitutional Hall) has been reviewing a series of complaints against sections of Article 132 of the controversial Transit Law. Drivers have the chance to appeal the infraction and free themselves from having to pay the exorbitant fine amount of 234,000 colones, more than $450.

The complaint against the amount of the fine was lodged by a driver who stated that the calculation of the monetary amount to pay was disproportionate with reality. Like in many other traffic fines, an infraction for driving a modified vehicle on the streets and highways of our country is based upon the minimum wage earned by an entry-level clerk in the court and judicial system. In this particular case, the infraction is half of the monthly salary.

The argument presented before the court is that even though the minimum salary earned by a junior clerk in our court system is very modest, it is considerably higher than the average salary earned by drivers of modified cars. While it is easy to think about tricked-out Toyota Supras and Honda Civics that are practically rockets when mentioning modified cars, the truth is that some low-income drivers modify their cars just to get higher gas mileage.

Comments by the MOPT

According to La Nacion, the Vice Minister of Public Works and Transport (MOPT in Spanish) Rodrigo Rivera is not happy with the high court’s ruling. He thinks that Sala Cuarta is out to dismantle the entire Transit Law framework and its enforcement. He also thinks that this type of decisions will only lead to drivers seeking out other modifications such as turbochargers and tinted windows, enhancements typically installed by street racers.

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