Cargo Transport: Fines Canceled

The Constitutional Court revoked the $260 fine that the municipality of Guatemala would charge to heavy vehicles and double trailers that travel through the city in unauthorized hours, so now the penalty will be $65.

Friday, October 4, 2019

The action of unconstitutionality was brought to the Constitutional Court by the Central American Federation of Transportation (FECATRANS) and the National Coordinating Association of Transport, against Article 4 of Agreement COM-13-2016 of the Municipal Council of Guatemala.

The article in question states that a fine of Q2,000 ($260) should be imposed on heavy, special and double trailer vehicles that do not comply with the schedule restriction and a fine of Q5,000 ($650) in case of recidivism.

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Héctor Fajardo, director of FECATRANS, told Prensalibre.com that "... The sentence states that we are partially right, at least in the part of fines, which was one of the disputed articles. The Municipal Council cannot exceed in changing or modifying the rules and general application throughout the country in matters of transit because it is the Transit Regulation that sets the fines."

The article adds that "... With this resolution, the PMT must be governed by the Transit Regulation, which establishes a fine of Q500 ($65) for heavy transport circulating on prohibited routes or timetables."

The transportation of cargo is prohibited to transit through the capital of the country from 5:00 to 9:00 hours and from 16:30 to 21.00 hours, Monday through Friday.

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