(H. B. 2508)
(Conference)
(No. 107)
(Approved August 10, 2007)
AN ACT
To amend Sections 1.09, 1.52, 1.63, 3.01, 10.16, 14.02, 14.03, 14.05, 22.05,
23.02, and to add a new Section 3.06A to Act No. 22 of January 7, 2000,
as amended, in order to establish the minimum requirements to operate a
motorcycle; provide that motorcycles shall not be operated in
expressways nor main avenues; provide that all motorcycle operators
shall keep the headlights and taillights lit during the day and the night; to
provide that no minor under twelve years (12) years of age may ride on a
motorcycle; to prohibit the operation in the roads of Puerto Rico of any
motorcycle that uses an element or system not factory installed to
increase the horsepower of said motorcycle; to create an Advisory Group
that shall create and implement a Strategic Plan focused on motorcycle
rider training; to create the “Special Motorcyclist Training and Education
Fund;” and for other purposes.
STATEMENT OF MOTIVES
In Puerto Rico, the number of registered motorcycles traveling on our
streets and avenues has increased considerably. Although originally
motorcycles were used mainly as a means of work, the increase in the price
of gasoline has made that many citizens acquire motorcycles to be used as
transportation means to substitute automobiles. Their use as a recreational
vehicle has also become very popular.
Motorcycles share the use of streets, roads, avenues, expressways,
during the day and night with all types of motor vehicles, such as freight
trucks, trailers, public busses and busses of the Metropolitan Bus Authority.
However, due to the nature of said vehicle, whose balance depends on
two wheels, and the lack of visibility, the motorcycle rider is the most
vulnerable driver. This has been unfortunately evidenced by the recent
increase in accidents involving motorcycles, which have caused considerable
and severe damages, and in other cases, deaths.
The Department of Transportation and Public Works Technical
Services Office has extremely revealing statistics as shown in the following
table:
Total of Motorcycles Registered per Year
Year Total New
2000 47,920 2,687
2001 51,230 3,311
2002 55,760 4,532
2003 62,020 6,261
2004 89,379 19,501
Dec. 29 113,708 24,329
2005
This considerable boom in the acquisition and use of motorcycles as
an alternate means of transportation has caused an unprecedented increase in
motorcycle accidents and at the same time a dramatic increase in deaths
occurred in these accidents. During the year 2005, 89 deaths were reported
to have been caused by motorcycle accidents on our roads. A significant
increase is evident when compared to the year 2004, in which 55 deaths
were reported. On the other hand, during the year 2006, to November 13,
2006, the Puerto Rico Traffic Safety Commission certified that over 97
deaths had occurred, representing an increase of 21 deaths more than the
preceding year.
The purpose of this Act is to introduce a series of requirements in the
Vehicles and Traffic Act which must be met in order to have the privilege to
operate motorcycles in Puerto Rico. In recent years, a considerable increase
has been observed in the motorcycles registry and, according to the
Department of Transportation and Public Works at present there are 140,000
registered motorcycles. This number is relevant and upholds the need to
establish stricter legislation that would allow minimizing accidents and the
deaths of motorcycle operators and their passengers.
The Legislature of Puerto Rico has the commitment to promote and
watch over public safety in all its variations and to take corrective measures
directed to substantially preventing the number of accidents on our roads by
implementing regulations that respond to the best interests of motorcycle
operators and their safety in roads, as well as to the protection of drivers of
vehicles who share the public thoroughfares with them.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.- Sections 1.09, 1.52, 1.63 of Act No. 22 of January 7,
2000, as amended, are hereby amended to read as follows:
“Section 1.09. —Moped or Scooter. —
“Moped or Scooter” shall mean any self propelled vehicle with two (2)
or more wheels, in contact with the road, provided with an engine whose
braking capacity does not exceed five (5) horsepower, and which shall
include, among others, vehicles known as motorcycles, minibikes, scooters,
gocarts, and bicycles to which an engine has been adapted, as well as any
other device with two (2) or more wheels whose engine does not exceed five
(5) horsepower. These vehicles shall not be authorized to operate in public
roads.
Section 1.10
…
“Section 1.52. —Driver’s License Certificate and License. —
“Driver’s License” shall mean the authorization issued by the Secretary
to a person who meets the requirements of this Act to drive certain types of
motor vehicles on the public roads of Puerto Rico. Among the requirements
to obtain a license is the approval of a theoretical and practical examination
which meets the specifications herein set forth for each type of license
authorized. The driver’s license certificate or license may be of any of the
following types:
(a) Learners - To drive a motor vehicle while the aspirant acquires
the minimum training required to obtain the corresponding
driver’s license. This license shall be issued on condition that
while driving the motor vehicle, the driver must be
accompanied by a driver authorized to drive such type of
vehicle, except in the case of motorcycles in which an escort
shall not be required, however, all the particular requirements
established for the same in this Act must be met. The learner’s
permit to drive a motorcycle shall only be valid in the closed
ranges to be created pursuant to this Act and shall not be valid
to operate a motorcycle in the expressways, state and municipal
roads of Puerto Rico.
(b) …
(c) …
(d) …
(e) Motorcycle – to operate a motorcycle or other similar vehicle,
the operator shall have any of the licenses listed in this Section,
in addition to the endorsement of the Secretary. The Secretary
may, through regulations, issue the permit to operate a
motorcycle and for these vehicles to travel on public roads, only
when so designed for it by the maker or manufacturer.
(f) …
Section 1.53
…
Section 1.63.- Motorcycle
“Motorcycle” shall mean all vehicles having two (2) wheels or
more with an engine displacement of 45cc or greater or with an engine
capacity of more than six (6) horsepower that may reach a minimum
speed of thirty-five (35) miles per hour and that also comply with the
regulations established by the federal agencies that regulate highway
traffic safety. The Secretary shall adopt through regulations the
requirements that must be met by these vehicles to be duly authorized
to travel on public roads.
Section 1.64
…”
Section 2.- Section 3.01 of Act No. 22 of January 7, 2000, as
amended, is hereby amended to read as follows:
“Section 3.01.- Basic Rule
Ni person may drive a motor vehicle on the public roads of Puerto
Rico without the due authorization from the Secretary. The latter shall
certify, through a license, all authorizations to drive a motor vehicle on the
public roads.”
Section 3.- A new Section 3.06A is hereby added to Act No. 22 of
January 7, 2000, as amended, to read as follows:
“Section 3.06A.- Requirements to Obtain an Endorsement to
Operate a Motorcycle
Every person who is authorized to operate a motorcycle in Puerto
Rico shall meet the following requirements:
(a) Be physically and mentally capable of doing so.
(b) Be eighteen (18) years of age.
(c) Be an authorized motor vehicle driver.
(d) Have received a training to operate motorcycles and on the
provisions of the Puerto Rico Traffic Act in the places
designated and authorized by the Secretary, and that said
training is provided by instructors duly certified by the
Secretary or his/her authorized representatives. This training
shall be required only if the person fails to obtain the minimum
score needed to approve the theoretical or practical test the first
time said tests are taken.
(e) Have approved a theoretical and practical exam offered by the
instructors of the Office of the Director of Driver’s Services
(DISCO, Spanish acronym) duly certified by the Secretary in an
area designated and authorized by the latter, and consequently
obtain, a certification of approval from the instructor.”
Section 4.- Subsection (b) of Section 7.02 of Chapter VII of Act No.
22 of January 7, 2000, as amended, known as the “Puerto Rico Vehicle and
Traffic Act” is hereby amended, to read as follows:
CHAPTER VII. DRIVING MOTOR VEHICLES UNDER THE
INFLUENCE OF ALCOHOLIC BEVERAGES, DRUGS OR
CONTROLLED SUBSTANCES
“Section 7.02- Driving Motor Vehicles Under the Influence of
Alcoholic Beverages
In any criminal procedure for the violation of the provisions of
Section 7.01 of this Act, the level or concentration of alcohol in the blood of
the driver at the time the alleged violation occurred, as such level or
concentration is shown by chemical or physical analysis of his/her blood,
breath or any other bodily substance, other than urine, shall constitute
grounds for the following:
(a) …
(b) In the case of trucks, motorcycles, school buses and heavy
motor vehicles, it shall be illegal to drive the same when the
alcohol content in the blood of the driver is two (2) hundredths
of one (1) percent (.02%) or higher.
(c) …
…”
Section 5.- Subsection (b) of Section 7.04 of Chapter VII of Act No.
22 of January 7, 2000, as amended, known as the “Puerto Rico Vehicle and
Traffic Act” is hereby amended to read as follows:
“Section 7.04- Penalties
(a) …
(b) If the level or concentration of alcohol in the blood is eight (8)
hundredths of one (1) percent (0.08 of 1%) or higher; or two (2)
hundredths of one percent (0.2%) or higher in the case of
drivers of trucks, motorcycles, school buses, heavy public
service vehicles and heavy motor vehicles, or any concentration
of alcohol in the blood in the case of minors under eighteen
(18) years of age, and the person is convicted for violating the
provisions of Sections 7.01, 7.02 or 7.03 of this Act, in addition
to the suspension of the license, pursuant to the provisions of
Section 516 of Act No. 4 of June 23, 1971, as amended, known
as the “Controlled Substances Act of Puerto Rico,” he/she shall
be punished as follows:
(1) …
(2) …
(5) …
(c) …”
Section 6.- Section 10.16 of Act No. 22 of January 7, 2000, as
amended, is hereby amended to read as follows:
“Section 10.16.- Use of Any Vehicle, Carriage or Motorcycle.
Any person who drives a vehicle, carriage or motorcycle on the public
thoroughfares shall do so subject to the following rules:
(a) Shall only drive such vehicle sitting in the usual seat, and
shall not transport any person other than the driver, nor
shall any other person travel in said vehicle, carriage or
motorcycle, unless said vehicle is designed to carry more
than one person, in which case, the driver may transport as
many passengers as authorized seats are provided. In such
case, the Secretary shall authorize the seats, provided, they
offer the adequate safety to the passengers. No driver may
transport a person under twelve (12) years of age as
passenger even though the vehicle, carriage or motorcycle
is designed to transport more than one person.
(b) Any person who operates or is a passenger on a motorcycle,
on the public roads shall wear an adjusted and fastened
protective headgear while the vehicle is in motion. The
protective headgear shall meet the requirements
established by the Federal Department of Transportation
(DOT). For additional personal protection and accident
prevention, the driver and the passenger shall use an eye
protective device, or in lieu thereof, shall use a protective
headgear equipped with a device or visor to protect the
eyes. Furthermore, safety gloves must be worn on both
hands that cover the palms, footwear that covers the ankles
and long trousers that cover the area of the ankle.
(c) Any person who travels on a motorcycle shall do so
straddling the seat, facing forward, and with a leg on each
side of the motorcycle.
(d) No person shall operate a vehicle, carriage or motorcycle,
carrying packages or other objects that prevent him/her
from keeping both hands on the bridle or handlebars
simultaneously.
(e) No driver shall carry a person, nor shall any person travel
in a position that shall interfere with the total control of the
vehicle, carriage, motorcycle, or with the visibility of the
driver.
(f) Every vehicle, carriage or motorcycle has the right to use a
whole lane and no vehicle or motor vehicle may be driven
in such a way as to deprive the former of the use of a
whole lane. This provision shall not apply to vehicles,
carriages or motorcycles authorized to travel one behind
other on the same lane.
(g) The driver of a vehicle, carriage or motorcycle shall not
overtake and pass another vehicle or motor vehicle on the
same lane used by the vehicle to be passed.
(h) No person may drive a motorcycle between lanes or
between adjacent lines or rows of vehicles.
(i) No motorcycles shall travel side-by-side on the same lane.
(j) Subsections (g) and (h) of this Section shall not apply to
law enforcement officers in the performance of their
official functions.
(k) No person traveling on a motorcycle shall hang onto or
join said motorcycle to another vehicle on a roadway.
(l) No person shall drive a motorcycle with handlebars over
fifteen inches (15”) from the part of the seat occupied by
the driver.
(m) Every motorcycle operator shall keep the headlights and
taillights on at all times while the motorcycle is in motion
regardless of whether it is day or night.
(n) Vehicles commonly known as “all-terrain” or “four-track”
as defined in Section 1.107A of this Act or mopeds or
scooters as defined in Section 1.09 thereof, shall not be
driven on state or municipal paved expressways, highways
or any other public highways.
(o) Every operator of motorcycle and the passenger thereof
shall wear a reflection vest or device when operating
his/her vehicle between six in the evening (6:00 p.m.) and
six in the morning (6:00 a.m.). Both the driver and the
passenger of the motorcycle may use the reflective device
of the vest separate from it, in which case it shall cross the
torso.
Any person who violates the provisions of this
Section shall incur an administrative fault and shall be
punished with a fine of fifty (50) dollars, except when in
violation of the provisions in subsection (n), in which case
said action shall constitute a misdemeanor and, upon
conviction, shall be punished with a fine of not less than
two hundred fifty (250) dollars for the unlawful use of
such vehicles, nor more than five hundred (500) dollars if
there are aggravating circumstances due to negligence, or
when due to reckless negligence, the driver is implicated in
an accident involving physical or material harms to another
person or his/her property.
(p) The traffic in public thoroughfares of any motorcycle or
motor vehicle that contains a cooling system to increase
horsepower and that uses any element or system that is not
factory installed is prohibited.
Section 7.- Section 14.02 of Act No. 22 of January 7, 2000, as
amended, is hereby amended to read as follows:
“Section 14.02- Brakes
Every motor vehicle that travels on the public thoroughfares shall be
equipped with a break system as stated below:
(a) At least two (2) independent braking systems, each of which
shall be sufficient by itself to stop the motion of the vehicle
within an adequate distance, and one of which shall be designed
to operate it with the feet. Motorcycles shall need two (2)
brakes, one in the front wheel and the other in the rear wheel.
(b) …
(c) …
(d) …”
Section 8.- Section 14.03 of Act No. 22 of January 7, 2000, as
amended, is hereby amended to read as follows:
“Section 14.03- Effectiveness of Brakes
(a) Every motor vehicle or combination of vehicles shall, at all
times and under any load, have the brake system in such
conditions that at a speed of twenty (20) miles an hour it will
allow the vehicle to be stopped with the foot brake within the
following distances:
(1) …
(2) …
(3) …
(4) …
(b) …”
Section 9.- Section 14.05 of Act No. 22 of January 7, 2000, as
amended, is hereby amended to read as follows:
“Section 14.05 – Headlights
With regard to headlights, the following rules shall be obeyed:
(a) …
(b) …
(c) Motorcycles shall be provided with at least one (1) white
headlight.
(c) …”
Section 10.- Section 22.05 of Act No. 22 of January 7, 2000, as
amended, is hereby amended to read as follows:
“Section 22.05.- Limitation of Use
Toll expressways shall not be used by:
(a) ...
(b) ...
(c) Motorcycles, except when specifically authorized by the
Secretary.
(d) …”
Section 11.- Section 23.02 of Act No. 22 of January 7, 2000, as
amended, is hereby amended to read as follows:
“Section 23.02.- Fees to be paid
Regarding the fees to be paid under this Act, the following standards
shall be followed:
(a) The following fees shall be paid for the following
vehicles:
(i)
(40) The fee for the theoretical or practical examination
or reexamination for endorsement to operate a
motorcycle, ten (10) dollars.
(41) For renewal, an additional ten (10) dollar fee shall
be paid for the annual renewal of the motorcycle
sticker.
(b) …
(c) …
(d) …”
Section 12.- Motorcycle Rider Advisory Council
A Motorcycle Rider Advisory Council is hereby created which shall
have seven (7) members, of which one members shall be the Executive
Director of the Traffic Safety Commission or the person designated by him,
the Secretary of the Department of Transportation and Public Works or the
person designated by him, the Motorcycle Safety Foundation (MSF)
Programs Administrator for Puerto Rico or the person designated by him,
the Executive Director of Automobile Accidents Compensations or the
person designated by him, the Deputy Superintendent of Traffic of the
Puerto Rico Police, a representative of the motorcycle industry and a
representative who is a member of the a Motorcycle Club. The last two shall
be designated by the Director of the Puerto Rico Traffic Safety Commission.
The Council shall create a Strategic Plan directed to educating
motorcycle operators. The Council shall submit an annual Report to the
Legislature of Puerto Rico in which it shall inform all matters pertaining to
the creation and implementation of the Strategic Plan and shall also present
recommendations on possible amendments to the Puerto Rico Traffic Act, in
order to minimize the number of deaths and accidents involving motorcycle
operators. It shall also design an information campaign for the citizenry in
which it shall inform recent changes to the Puerto Rico Traffic Act regarding
the use of motorcycles.
Section 13.- Closed Ranges
The Department of Transportation and Public Works, through the
Office of the Director of Driver’s Services, shall establish a minimum of
eight (8) closed ranges throughout the Island. These facilities shall have
motorcycle tracks and all those devices and equipments that are necessary to
comply with the provisions of this Act.
Section 14.- Public Employees and Officers
The employees and officers of the Commonwealth of Puerto Rico and
its municipalities, such as the municipal police, Commonwealth police, and
messengers among others, shall have the approval of the Office of the
Director of Driver’s Services in order to provide services in motorcycle.
Section 15.- Funds
a) The Secretary of the Treasury is hereby authorized to create a
Special Fund to be denominated “Special Motorcycle Rider
Training and Education Fund,” administered by the Office of
the Director of Driver’s Services, to be nourished from the
collections proceeding from the implementation of the payment
of fees established in this Act. Any additional appropriation
that is necessary to comply with the provisions of this Act shall
be requested by the Secretary of the Department of
Transportation and Public Works chargeable to the budget of
said agency.
b) The Traffic Safety Commission shall appropriate the sum of
two hundred fifty thousand (250,000) dollars to the “Special
Motorcycle Rider Training and Education Fund,” from funds
proceeding from the “Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-
LU),” granted by the Federal Highway Traffic Safety
Administration, to be used only to comply with Section 1 of
this Act.
Section 16.- The Puerto Rico Police, the Department of
Transportation and Public Works and the Traffic Safety Commission shall
conduct an information campaign through which motorcycle operators and
the general public shall be oriented on the amendments included in this Act.
Section 17.- Transitory provision for the granting of an endorsement
to operate a motorcycle.
Every person over eighteen (18) years, who, at the time this Act takes
effect, has registered a motorcycle in his/her name and/or has a motor
vehicle driver’s license issued by the Department of Transportation and
Public Works and presents evidence thereof, may operate a motorcycle with
any license in effect with the exception of a learner’s permit. Persons who
operate motorcycles with any other license in effect that is not for operating
a motorcycle may do so until the expiration date of the license in effect,
provided they have obtained an endorsement from the Secretary of
Transportation and Public Works that evinces that he/she has taken a brief
orientation on the safe operation of a motorcycle, as provided in Section
3.06A of this Act, which shall be offered in all the Offices of the Director of
Driver’s Services (DISCO, Spanish acronym) pursuant to the regulations to
be approved to such effects. On the date of expiration of the driver’s license
and as part of the renewal process, the driver shall comply with all the
requirements established in Section 3.06A of this Act to operate a
motorcycle, be it by obtaining a motorcycle driver’s license or the
endorsement of the Secretary of Transportation and Public Works. This
transitional period shall be for a six (6) year term as of the approval of this
Act to ensure that all driver’s licenses in effect, excepting the learner’s
permit, has been duly renewed prior to its expiration.
In a term not to exceed six (6) months as of the effectiveness of this
Act, the Secretary of the Department of Transportation and Public Works
shall issue, upon application, the endorsement to operate motorcycle to all
those persons who present evidence of one of the following provisions:
a. Has a certificate issued to his/her name from an accredited
school in the United States prior to the approval of this Act, as
established through regulations.
b. Presents a certificate from the Motorcycle Safety Foundation
that evinces his/her knowledge and skills in the safe operation
of a motorcycle.
c. Has a driver’s license for any type of motor vehicle, excepting a
learner’s permit issued to his/her name and presents evidence of
having taken the orientation on the safe operation of a required
by Section 3.06 of this Act in order to obtain the endorsement
within the transitional term herein established.
d. Has a motorcycle driver’s license issued to his/her name or is
authorized to drive a motorcycle on the expressways of Puerto
Rico by the Secretary of Transportation and Public Works.
Section 18.- Regulations
The Secretary is hereby authorized to establish, through regulations,
the necessary norms and procedures for the proper implementation of the
provisions of this Act. The regulations to be drafted for these purposes shall
be duly adopted and implemented on or before sixty (60) days counting from
the approval of this Act.
Section 19.- Separability
If any paragraph or section of this Act is declared null or invalid by a
Court with competent jurisdiction, the judgment rendered to such effect shall
only apply to that part, paragraph or section whose nullity has been
established.
Section 20.- Effectiveness
This Act shall take effect sixty (60) days after its approval.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 107 (H.B. 2508)
(Conference) of the 5th Session of the 15th Legislature of Puerto Rico:
AN ACT to amend Sections 1.09, 1.52, 1.63, 3.01, 10.16, 14.02, 14.03, 14.05, 22.05,
23.02, and to add a new Section 3.06A to Act No. 22 of January 7, 2000, as
amended, in order to establish the minimum requirements to operate a
motorcycle; provide that motorcycles shall not be operated in expressways nor
main avenues; etc,
has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today 30th of November of 2007.
Francisco J. Domenech
Director