Friday 3 December 2021

Constitutional Court: “freedom of transit is not unlimited”

Paying the bills

Latest

San José cancels Zapote bullfights

QCOSTARICA - The Municipality of San José announced Thursday...

Online Gambling: Can Costa Rica Ward Off the US’ Advances?

Central America and the Caribbean used to be havens...

Fourth pandemic wave will halt tourism recovery until 2023

QCOSTARICA - The world faces a fourth pandemic wave...

Costa Rica reaches 90% of the target population with at least 1 dose against COVID-19

QCOSTARICA - Costa Rica reached 90% of the target...

The United States reduces advisory for covid-19 for travel to Costa Rica

QCOSTARICA - The United States improved the recommendation for...

Costa Rica without an army: who defends us?

QCOSTARICA - December 1, 1948, marked a before and...

Russia and Costa Rica negotiate to launch two weekly flights between Moscow and San José

QCOSTARICA - Costa Rica could soon see the arrival...
Paying the bills

Share

(QCOSTARICA) Once again, the Constitutional Court, also known as the Sala IV, rejected an appeal for protection against the sanitary vehicle restriction, endorsing the powers that the administration has to regulate circulation in the streets of the country.

The recent appeal was presented by a Costa Rican identified by his last name Ramírez Víctor, alleging that there was no conclusive evidence that showed that driving increased the risk of COVID-19 infection. In addition, he alleged that the regulations were poorly communicated and the sanctions are disproportionate.

- Advertisement -

He also maintained that the provision of the seizure of license plates damages his right to go to work and is a confiscatory act since his vehicle is deprived of its use.

In evaluating these arguments, the Court explained that the State has the power to regulate the circulation of the motor vehicles on public roads and reiterated the allegations set forth in previous decisions on resources of this nature, which were also rejected.

In any case, as the Sala IV has already pointed out, freedom of transit is not unlimited, but its exercise must be subject to the fulfillment of certain requirements that the State may establish taking into consideration higher interests.

In addition, it has been repeatedly mentioned that the freedom of transit and movement recognized and protected by the Constitution does not protect the means of transportation but the freedom of every inhabitant of the Republic to move freely from one side to the other of the national territory,” the Court indicated in its decision.

The Court clarifies in the ruling that the freedom of transit protected in the Constitution refers to the possibility of citizens to move around the country or to stay in one place, but it does not mention the type of transportation that should be used. Nor does it stipulate that it be unlimited, which it calls the possibility of the authorities partially restricting it.

“In addition to the above, this Court finds sufficient and valid reasons for the imposition of the measure adopted by means of the directive in question, given that what is intended with this directive is to reduce the movement of vehicles in the center of the capital city. during the hours of greatest road congestion,” reads the decision.

- Advertisement -

The countrywide sanitary vehicle restriction prohibits circulation depending on the last digit of the license plate: weekdays license plates ending in 1 & 2 are restricted, 3 & 4 on Tuesdays, 5 & 6 on Wednesdays, 7 & 8 on Thursdays, 9 & 0 on Fridays, all even ending plates on Saturdays and all odd ending plates on Sundays.

Currently, the restrictions for all parts of the country, except those areas in the orange alert, are from 5:00 am to 10:00 pm weekdays and 5:00 am to 7:00 pm weekends, based on the last number of the plate as above and from 10:00 pm to 5:00 am weekdays and 7:00 pm to 5:00 m weekends, for all plates.

Restrictions in the orange alert are from 5:00 am to 5:00 pm every, based on the last number of the plate as above and for all plates from 5:00 pm to 5:00 am.

Violation of the vehicular restriction si ¢110,000 colones fine, 6 points on the driver’s license and seizure of the license plates and/or vehicle.

- Advertisement -
Paying the bills
Ricohttp://www.theqmedia.com
"Rico" is the crazy mind behind the Q media websites, a series of online magazines where everything is Q! In these times of new normal, stay at home. Stay safe. Stay healthy.

Related Articles

Sala IV gives the green light to a bill that legalizes the production of hemp and medicinal cannabis

QCOSTARICA - Costa Rica's Constitutional Court, also known as "Sala IV",...

Why can’t Costa Ricans marry direct relatives of an ex-spouse?

QCOSTARICA - The possibility of a Costa Rican marrying one of...

Subscribe to our stories

To be updated with all the latest news, offers and special announcements.

Log In

Forgot password?

Forgot password?

Enter your account data and we will send you a link to reset your password.

Your password reset link appears to be invalid or expired.

Log in

Privacy Policy

Add to Collection

No Collections

Here you'll find all collections you've created before.