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On May 21, 2014, Law 5016/2014 was enacted, replacing the outdated previous regulation Decree No. 22,094/47 “General Road Traffic Regulations” of 1947, thus bringing Paraguay's regulations in line with its closest environment of MERCOSUR, and being the control of traffic accidents and the reduction of the mortality rate its inspiring principles.
 
The Standard presents the following new features, among others:

  1. Creation of the National Agency of Traffic and Road Safety as the agency in charge of the application of the present National Law and of the future regulatory norms that may be dictated as a consequence. A period of 12 months is established to regulate it, which is important since there are several open points such as the Compulsory Technical Inspection of vehicles, compulsory insurance... The control of traffic on national and departmental roads will be in charge of the Highway Patrol under the MOPC, constituting a mere change in the name of the Highway Police as it is historically known. A National Registry of Driver's Licenses and Traffic Records will also be created, which will record the different infractions committed by the driver and of which we will explain some of the novelties below.
  2. Regarding Commercial Advertising, a prohibition is established based on road safety reasons, preventing the placement of advertisements, posters or any other commercial propaganda on the public highway and the roadside in the following cases:Likewise, Art. 45 establishes the absolute prohibition of consuming alcohol on public roads or in commercial establishments that have direct access from highways, national routes, branch roads or departmental roads (the sale in these establishments is not prohibited, however), which may affect numerous premises since in Paraguay the main roads and routes generally constitute the circulation axis of many towns and cities of the Metropolitan area of Asuncion and the rural sector.
    1. Signs or advertising that resembles traffic signs (avoiding possible driver confusion);
    2. Place any type of advertising or publicity on the signs (since they weaken their vision);
    3. Placing advertisements that affect the visibility of the signs.
    4. It is established that it will be up to the authority to regulate the conditions of placement so that it does not affect the driver's visibility or the perception of signals.
    5. It is forbidden to advertise alcoholic beverages and driving.
  3. Likewise, Article 45 establishes the absolute prohibition of consuming alcohol on public roads or in commercial establishments that have direct access from highways, national routes, branch roads or departmental roads (the sale of alcohol in these establishments is not prohibited, however), which may affect numerous premises, since in Paraguay the main roads and routes generally constitute the axis of circulation of many towns and cities of the Metropolitan area of Asunción and the rural sector.
  4. An important novelty is the inclusion of the Compulsory Technical Inspection of Vehicles, bringing it into line with the rest of the countries in the region. This is motivated by active and passive safety factors as well as environmental factors. It should be noted that the entry into force of Law No. 3850/09, as amended by Law No. 4856/12, which regulates the ITV, was postponed until July 1, 2014, mentioning that this mandatory inspection may not even be carried out if the vehicle does not have the mandatory insurance, another important obligation established by this law (Art. 53).
  5. In this sense, the Compulsory Traffic Accident Insurance is a vital issue for the prompt attention of the victims of road accidents (SOAT), it will be mandatory for all motor vehicles and mopeds of all types, covering expenses for medical and surgical care, pharmaceuticals, hospitalization, hospitalization, disability, as well as transportation for the immediate attention of the injured. Vehicles in charge of public passenger transportation, in addition to the SOAT, shall have a mandatory passenger care insurance. The term of the insurance will be annual and it may be contracted with any company established in the country and authorized to operate in the automobile industry. In addition, its regulations are similar to those of other countries, establishing for the companies the possibility of repeating against the insured who has acted with fraud or gross negligence and establishing a contribution (a percentage of the premium collected by the mandatory insurance) by the Superintendence of Insurance for the National Traffic and Road Safety Agency for the fulfillment of its purposes. This presents a great opportunity for insurance companies, which will necessarily see an increase in the number of policies.
  6. Other novelties included is the creation of the Carnet por puntos, initially granting 20 points to all drivers, bringing back to the table the validity of this insurance whose Law was repealed at the beginning of 2014.
  7. The penalties established are divided into minor, serious and very serious. In general terms, they are punished as follows:
    • Minor misdemeanor - punishable by a warning or a fine of up to 3 minimum wages (up to 210,465 guaraníes). Leaving aside the issue of alcohol abuse (to which we will make special mention), minor offenses are those that are not serious or very serious.
    • Serious misdemeanor - punishable by a fine of 4 to 10 minimum wages (up to 701,550 guaraníes), removal of 3 points or disqualification when applicable. Serious misdemeanors include, among others, the lack of required documentation, driving a vehicle without a license plate or without the mandatory insurance in force, driving faster than the allowed speed or using headphones and/or mobile communication systems of continuous manual operation, driving without any of the occupants wearing the mandatory seat belt or without lights when it is necessary to wear them.
    • Very serious misdemeanor: This is punishable by a fine of 11 to 20 minimum wages (up to 1,403,100 guaraníes), removal of 5 points or disqualification when appropriate. In the case of both minor and serious offenses, if there is voluntary acknowledgement, the fine is reduced by 25%. Examples of very serious offenses are offenses that have caused an accident resulting in bodily injury or property damage, failure to respect traffic lights or the STOP sign, fleeing or refusing to provide documentation when required.
  8. With regard to the regulation of alcohol consumption: The following alcoholic beverages scales are established for the graduation of infractions and their corresponding penalties:
    • From 0.001 to 0.2 of alcohol in breathed air will be a minor offense.
    • From 0.2 to 0.799 of alcohol in breathed air will be serious misconduct.
    • The refusal to submit to the test or if the alcohol level decreases the psycho-physical conditions of the driver shall be a very serious offense. It is also a serious offense to consume alcohol on public roads or in commercial establishments with direct access from highways, national routes, branch roads or departmental roads.
  9. Finally, the Penal Code is amended to punish with prison sentences of up to 2 years or a fine, among other conducts, when the alcohol level “notably or legally affects the ability to drive” and when driving without a license due to lack of it or having been deprived of it, also punishing the owner of the vehicle who tolerates such conducts.
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