PROCEDURE IN CASE OF TRAFFIC ACCIDENT

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Article 210. All traffic accident which occurs in public roads, as well as areas of public access, will be attended by a traffic inspector of the National Police Force and informed to the Transit Courts for transaction, unless when there are fatal accident victims.

The driver or owner of the vehicle in the accident can choose which towing company to use to move the vehicle. In case the vehicle can’t be moved immediately, the same will be moved off the road.

Note: remember not to move your car until after the traffic inspector arrives. Also, your policy includes towing services.

Article 211. After a traffic accident occurs, the police’s traffic inspector will write a report of what happened which is called “parte policivo”, and this shall include:

1. General information on the drivers and their vehicles, and what ever other person or property involved.

2. Names of the injured or deceased person(s).

3. Name of the witnesses if they are still in the area/place of the accident.

4. Description of the visible damages to the vehicles or public/private property.

5. Map of the area.

6. Description of what occurred.

7. Proof of intoxication by alcohol or stupefying substances.

8. Any other information that the A.T.T.T. requires.

In the report the inspector will give the site and the date of the hearing to the involved drivers by giving them a ticket with the number of the date and the signature of both parties. The court hearing should be done in a period of fifteen (15) days starting from the date of the traffic accident.

Note: in case one of the involved drivers does not want to accept the notification of the date of the hearing, any witness whom the police officer (who is writing the report) assigns can sign the citation. In any case, the traffic inspector will give each driver a copy of the citation.

Article 212. Injured people involved in the accident will be cited to the hearing and are obligated to appear in front of the Traffic Court, unless there is justified cause given by el “Instituto de Medicina Legal” who determines that the person can’t attend.

Note: your policy includes legal services.

Article 213. The traffic inspector which arrives at the accident site will take necessary means for the conservation of the life of injured persons and the protection of material possessions; the inspector can take photos, film, declaration of witnesses with the intention to reach them, and any other proof which will help in the investigation of the facts, which has to be send to a Traffic Judge entitled to oversee the case.

PROCEDURE IN CASE OF HIT AND RUN

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PROCEDURE IN CASE OF HIT AND RUN

Article 214. When the it is impossible to write a police report “parte policivo” in the place of the accident because one of the parts fled the scene of the accident, the affected part can place a formal complaint because of hit and run of another vehicle or of a person or for any damage to private/public property. This complaint will be done in the police station which is in charge of the area where the accident happened.

This complaint must be done in a period of no more than forty eight (48) hours after the occurrence of the event. After this time period is done, the complaint shall be remitted to the Transit Judge on duty in a term which does not exceed eight (8) calendar days after the event occurred.

Source: No 25701 Gaceta Oficial Digital, Friday 29 of December 2006 80

Article 215. Once the complaint is formalized, the National Police will conduct the investigation.

The National Police will coordinate with the Traffic Court (who allowed the complaint) in the process of gathering all the information necessary to clear up what happened, especially the following:

~ The signature of the citation ticket to all the parties involved in the complaint established in the previous article.

~ Question government workers of other jurisdiction to locate the presumed suspects.

~ Sworn declaration of the involved parties, witnesses, and other people who might be useful in the investigation.

~ In case of injuries a letter will be made to send the injured person to el “Instituto de Medicina Legal”.

~ Any else which might be needed for the investigation and which needs the support of the Traffic Judge.

Article 217. Once the denounced person is found, the National Police will proceed to reconstruct the accident and elaborate the report, which will be sent to the Traffic Court in charge of the investigation.

In this stage of investigation, it is the Traffic Courts obligation to admit writings and power signatures which are requested by any of the affected parties.

Note: with your policy you can sign over the power to the Insurance Company’s attorney and not have to go to court.

Article 218. The corresponding Traffic Court after conducting the investigation and produced a report or “parte policivo”, will then proceed to do the corresponding hearing.

Article 220. Under no circumstances will the court entertain complaints placed in which “friendly agreements” are proven to have been made between the parts involved in the traffic accident and by a common agreement both decided not to wait for the traffic inspector.

IN THE STATE OF INTOXICATION BECAUSE OF ALCOHOL OR CONTROLLED SUBSTANCES

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IN THE STATE OF INTOXICATION BECAUSE OF ALCOHOL OR CONTROLLED SUBSTANCES

Article 138. The state of drunkenness or intoxication due to stupefying substances is defined as the transitory loss or apparent reduction of the normal mental and physical abilities, caused by the consumption of alcoholic beverages or drugs, which are necessary to drive any type of vehicle.

Article 139. The state of intoxication due to stupefying substances will be determined by any of the following exams or tests:

1. Breathalyzer

2. Field Tests of Physical State

~ Balance

~ Point at your nose with your finger, right and left

~ Conversation

~ Reading

~ Facial expression

~ Emotional attitude

~ Eye aspect

~ Shaking or other symptoms

Source: No 25701 Gaceta Oficial Digital, Friday 29 of Decemeber of 2006 53

3. Medical Exams

~ Urine

~ Blood

~ Any other that might be added in the future

Government employees in medical attention centers and other State Health establishments should, cooperatively practice the medical tests which are solicited by the proper authority. The inspectors of the A.T.T.T. and the National Police will have the right to practice breathalyzer and field tests in the actual site the person was pulled over.

Article 140. All drivers are under the obligation to submit to the indicated tests in the previous article, which are designated to determine how affected is a person by alcohol consumption or intoxication by stupefying substances. In the case of pedestrians being hit by a driver, the pedestrian will have the same obligation to submit to a sobriety test.

If a driver or pedestrian refuses to submit to any of the tests stated in the previous article, this will constitute a serious fault against him/her.

Article 141. The degree of impairment caused by the consumption of alcoholic beverages is established according to the following levels of blood or breath using a breathalyzer:

Calification

~ Milligrams per deciliter (blood)

~ Micrograms per deciliter (air)

Level of Concentration and Tickets

Warning

~ Tolerance level 10 - 50 (blood) y 5 - 24 (breath)

Ticket

~ Alcoholic breath 51 - 85 (blood) y 25 - 40 (breath)

Ticket and Retention of the Vehicle

~ Proven intoxication +86 (blood) y +41 (breath)

Drivers that maintain alcohol levels over ten (10) milligrams per deciliter of blood or five (5) micrograms per deciliter of air will be sanctioned according to the procedure indicated in each case.

Note: The limits established are applicable to all drivers, also for pedestrians involved in accidents or traffic infractions.

Source: No 25701 Gaceta Oficial Digital, Friday 29 of December 2006

Article 142. It is prohibited for pedestrians and vehicle drivers:

~ Walk or drive under the effects of stupefying substances.

~ Walk or drive with alcoholic breath or proven state of intoxication.

Article 143. When the driver is caught in an intoxicated state, he/she will be sanction according to the amount of times previously registered in the person’s driving record. Therefore, the competent authority will withhold the person’s driver’s license to be submitted to the A.T.T.T. and the vehicle will be removed from the road. (Your insurance policy includes towing service).

Note: without dismissing any rights a citizen might be entitled to, the competent authority is entitled to suspend a person from driving who is in an obvious state of intoxication, even though they have no breathalyzer at hand.

Tickets

Article 251. The driver which is caught in a state of intoxication, according to what is stated in the Article 143, will be sanction depending on the number of times he/she has violated the law:

Time

Ticket Amount

Suspension of License

First

$150.00

3 months

Second

$300.00

6 months

Third

$600.00

2 years

Others: Assisting to seminars and lectures according to the type of intoxication.

Article 252. The driver which is caught in the state of proven intoxication, which causes a traffic accident, damage to foreign property, or bodily injuries to thirds, will be sanction according to the amount of times he/she has broken the law:

Time

Ticket Amount

Suspension of License

First

$1,000.00

1 year

Second

$1,500.00

3 years

Third

$2,500.00

Indefenetly

Others: Assisting to seminars and lectures according to the type of intoxication.

Source: No 25701 Gaceta Oficial Digital, Friday 29 of December 2006

MINISTERY OF GOVERNMENT AND JUSTICE - DECRETE 10 - BY WHICH THE TRANSIT OF VEHICLES CROSSING THE BORDERS IS REGULATED

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MINISTERIO DE GOBIERNO Y JUSTICIA

REGLAMENTASE EL TRÁNSITO DE VEHÍCULOS AUTOMOTOR POR LAS FRONTERAS

DECRETO NÚMERO 10

(De 16 de enero de 1963)

“Por el cual se reglamenta el tránsito de vehículos automotor por las fronteras”

El Presidente de la República en uso de sus facultades legales

DECRETA:

Artículo 1:Toda persona que desee obtener permiso de salida del territorio nacional de un automóvil por carretera tendrá que aportar los siguientes documentos:

    1. Los recibos de propiedad del automóvil
    1. Una autorización escrita de la agencia vendedora del carro en el caso de que no haya hecho el traspaso de él;
    1. Paz y Salvo Nacional y Municipal;
    1. Certificado de la inspección General del Tránsito de que sobre el vehículo no pesa ningún secuestro,, embargo u otros asuntos de tránsito pendientes.

Artículo 2: Los viajeros que visiten nuestro país pueden operar vehículos en el territorio nacional usando para ello las licencias válidas de sus respectivos países por el tiempo que éste autorizada su visa turística o cuando porten licencia o permiso internacional para conducir automóviles.

Artículo 3: Los permisos de salida a que se refiere este Decreto serán expedidos por los Alcaldes de cada Distrito.

Artículo 4: Este Decreto entrará en vigencia a partir de la fecha de su promulgación y quedarán sin efecto todas las disposiciones que se opongan a su contenido.

COMUNÍQUESE Y PUBLÍQUESE

Dado en la ciudad de Panamá, a los diez y seis días del mes de enero de mil novecientos sesenta y tres.

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