Carlos Felipe B.Managing partner and founder
What would change with the project?
The proposal amends Law No. 63-17 to regulate tolls , enable electronic toll collection with or without stopping , and classify toll evasion as an administrative offense . In free- flow lanes , vehicles could pass through without stopping and be identified for toll collection. The bill retains cash as a payment method and provides for advance signage at barrier-free toll plazas. The document published by the Legal Counsel of the Executive Branch is identified as a bill, so its provisions are analyzed here as proposals. Full text of the bill, Articles 1 to 3.
Who would collect the fees and how would the rates be set?
RD Vial would act as the Toll Authority on non-concessioned public roads, under the supervision of the Ministry of Public Works and Communications. For these roads, the bill stipulates that the Ministry will approve toll rates through a reasoned resolution and publish them at least 30 days in advance. It allows for differences or discounts based on objective criteria. On roads under concession or developed under Law 47-20, the toll system would remain subject to the corresponding contract . (Bill, Articles 280-1 and 280-2 ).
Who would be responsible for the payment
The obligation would arise upon crossing the toll point. The bill would make the driver and the registered owner of the vehicle jointly liable at the time of transit. The registered owner could be released from liability by providing proof of a prior transfer of ownership, theft, or other related documentation, or by identifying the responsible driver. For any potential penalty, registration as the registered owner would allow proceedings to begin, but the authority would have to prove the facts constituting the infraction. Bill, Article 280-8.
How would the 30-day payment period work?
If a vehicle crosses a toll plaza without an account, insufficient funds, or a valid device, the bill would allow 30 days to pay without penalty from the date the toll becomes available for consultation and payment by license plate. The authority would have up to five days from the date of registration to make the information available. If a registered electronic address is provided and the required notification is omitted, the toll would still be due, but the specific fine for late payment could not be imposed for that passage. Bill, Article 280-8, paragraphs II and III.
What fines does the proposal include?
Failure to pay on time would be penalized with five times the unpaid toll, with a minimum of RD$500. Using a free-flow lane with an unauthorized vehicle category would result in a fine of ten times the corresponding toll. Offenses such as obscured license plates, use of a device assigned to another vehicle, or evasion or damage to barriers and equipment, as outlined in sections 3 and 4, would be penalized with twenty times the applicable toll, with a minimum of RD$5,000. The bill provides, under its conditions, for a 50% reduction of the fine if paid along with any other applicable fees within 30 days of notification of the violation notice. (Bill, Articles 280-9 and 280-10 ).
How to dispute an incorrect charge
The account holder or the person to whom a toll is attributed may file a claim with the Toll Authority, identifying the charge and providing evidence. A claim filed within the payment period would suspend that period with respect to the disputed charge, with the exceptions specified in the text. The authority would have 15 business days to resolve the claim. If an identification error is verified, the records would be rectified at no cost, and the correction would be communicated to the institutions that received the incorrect data. (Project, Articles 280-6 and 280-7 )
What would the authority have to prove in order to impose a sanction?
License plate readings and other records could be used to verify technical traffic data, with a presumption of accuracy subject to requirements and evidence to the contrary. The bill provides for access to images and other evidence, a 30-day period from the date of notification of the citation to submit arguments and documents or to opt for a reduction by payment, and a reasoned decision to impose the penalty. The technical presumption would not extend to the driver's identity or culpability. Bill, Articles 280-7 and 280-11.
When would the sticker, license plate, or transfer be affected?
The proposal would allow the DGII (General Directorate of Internal Revenue) to be notified of outstanding and enforceable debts or fines. Such notification could prevent the issuance or renewal of the vehicle registration sticker and, in expressly stipulated cases, affect the issuance or renewal of license plates and vehicle transfers. The text excludes from this restriction, among other cases, obligations that have been paid, guaranteed, or suspended, and charges subject to a claim with suspensive effect. It would also allow for a request to review an improper notification. (Draft, Article 280-12 and Articles 4 and 5 ).
What data could be collected and for what purpose?
The proposal would authorize the collection of vehicle images, license plates, traffic data, and account information to the extent necessary to identify the vehicle, collect tolls, resolve complaints, and exercise the powers provided for in the law. The processing of this data would be subject to Law 172-13. The bill defines the purposes, regulates contractor access, and provides for the deletion or anonymization of data once the purposes have been fulfilled and the legal deadlines have expired, unless another provision requires its retention. Bill, Article 280-13.
How would it be implemented?
The toll evasion and restriction regime would be applied at each toll collection point, with at least 60 days' prior notice and once the equipment is installed and the information, consultation, complaint, and payment channels are enabled. During the first six months of barrier-free operation at each point, the authority could substitute a warning for a fine, while continuing to collect the toll. The text also provides for the recognition of existing Paso Rápido devices and accounts and the updating of their data in accordance with the regulations. The implementation of these measures would depend on the approval, enactment, and publication of the bill and compliance with its transitional conditions. (Bill, Articles 7, 8, and 10 ).