Sunday 19 September 2021

Controversy settled, “bike racks” are permitted

The driver who complained about being fined for using a bike rack was apparently fined for poorly placing the bikes on the rack, according to the Policia de Trransito

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QCOSTARICA – A controversy was raised over the last several days when a driver was stopped and fined by a traffic official for having bike racks mounted on the back of his vehicle.

A driver complained on Monday on social networks about the fine received for carrying bicycles on a ‘rack’. The Traffic Police alleged that the bicycles were poorly placed.

The driver, a man identified by his last name Meneses, complained on social networks of having been fined ¢110,000 colones, on Monday, August 2, for carrying four bicycles on the rack on the back of his car.

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“They banned these racks and they are fining me, how do I transport the bikes?” said Meneses.

The Policia de Transito (Traffic Police) was consulted and confirmed that Meneses received two traffic fines” One of them was due to speeding because, according to the officials, he was driving at 88 km / h in a 60 km / h zone, the second, Araya because it was detected that the bicycles were “poorly placed” as they protruded the width of the car on the left side.

The Policia de Transito confirmed that the fine was not for having racks, rather that one or more of the bicycles extruded past the limits permitted.

Article 122 of the Ley de Transito (Traffic Act) states that “one that cannot ride in the car sharp elements … attachments that generate protuberance or some danger”.

In other words, when the bicycle is placed on a rack, that constitutes an added accessory to the structure of the vehicle. The same rule would apply to any other object, such as a trailer, or cart, for example

Thus, the rack itself is not prohibited. Rather it is an attachment that is attached to the vehicle and it is the driver’s responsibility to verify that it does not represent a danger and must make sure that nothing exceeds the width of the vehicle, including in this measure the width of the rear-view mirrors.

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The argument now is,  was one or more of the bicycles being carried in violation of the traffic law?

Meneses as the option of either paying the fine or appealing.

Any fine, for any reason, can be appealed within 10 working days of it being issued. An appeal panel will review the case and render a decision. This process can take weeks or months.

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"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.

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