Costa Rica’s New Traffic Laws – Loopholes and Problems

The law prohibiting driving in downtown San Jose on certain days of the week, depending on the last digit of their license plate, will be enforced more.

It has been a hell of month with the new traffic laws that took place March 1st to local drivers and the Costa Rican newspapers have been filled with it.  The changes were to lighten penalties and lower fines, but in reality due to the numerous loopholes, the Transit Police are applying their own version of the law that has amounted to higher fines in some cases. Or, as one 'chatter in a forum' reported, a increase in bribes when she did an illegal passing, got pulled over by the Transit Police and was told the fine was $450 … or pay it now with a C-note. She paid with a C-note.

The laws have been messed up since the beginning when lawmakers begin to submit and debate those that have amounted to over 200 changes since 2008.

This week a review committee found so many errors and constitutional violations in the text they do not expect any type of restructure or modifications until after Semana Santa, or Easter week, leaving the laws an open-range in interpretations and/or some quick bucks for a few as the "chatter" found out very quickly

One of the biggest loopholes affects the tourism sector of car rentals companies where representatives, criticizing the Transit Law, claim that it allows tourist violators to avoid paying fines and they (car rental agencies) will be force to pay them. Currently, car owners usually settle their traffic tickets at the end of each year, when they pay their annual vehicle circulation permit fee, known as the marchamo.

However, the National Tourism Chamber (CANATUR) said it is impossible for a tourist, [who gets ticketed] from leaving the country without paying their fines. Once the ticket gets issue it goes on the registered owner record. Each year 1000s of tourists get ticketed and do not pay.

Another debated issue is the new “Point System” where some sections of the law has been deemed to harsh. Drivers that accumulate fifty points could lead to a license suspension of two years. The more serious the offense, the more points are lost. Drivers passing in an area where it is not permitted should expect to lose up to 25 points, where as an illegal U-turn cost you a maximum of 10 points.

But probably the biggest enforcement is the “No Drive Day in Downtown San Jose. ” Like the US gas rationing in the late 1970, President Oscar Arias issued a decree in June 2008 to restrict driving in San José to help reduce the traffic.  The rule prohibits driving in the city on certain days of the week, depending on the last digit of their license plate. This decree which is supposes to expire before March 31, representatives of the Legislative Assembly said the president is expected to renew the restriction and take more aggressive steps to enforce it.

Traffic police reported applying the new fines to 450 drivers who were not complying with traffic laws on the first day of application and 512 on the second. To help enforce the laws,  Costa Rica Ministry of Public Works and Transportation (Ministerio de Obras Públicas y Transportes – MOPT) is adding 400-450 new Transit Police officers (Policía de Tránsito) to its existing 800 member force.

Below are some of the traffic laws, points and fines that are now in affect; however there may be changes after the Easter break that will be based on challenges to the new laws:

• Speeding in excess of 120kph / 74.5mph (50 points/2 year license suspension + $293 fine)
• Minor passenger without helmet (50 points/2 year license suspension + $391)
• Running a red light or stop sign (25 points + $293)
• Riding without a helmet (20 points + $293)
• Passing through the middle of traffic, exploiting spaces between vehicles, zig-zagging through traffic whether the traffic is stopped or moving or at stop lights (15 points + $196)
• Incorrect passing, passing on the right in any circumstance, improper passing (15 points + $196)
• Passing on left in oncoming traffic lanes in no passing zones (10 points + $293 fine)
• Not keeping distance with the vehicle in front of you or tailgating (10 points +$117)
• Illegal U-turn (10 points + $293 fine)
• Turning into an intersection without yielding to a pedestrian already crossing (25 points + $293)
• Reckless driving / speeding in excess of 20kph / 12.4mph above posted
• speed limit (20 points + $293)
• Using a cell phone without a hands-free system [yes they do this while driving motorcycles!] (20 points +$293)
• Speeding in excess of 25kph / 15.5mph in front of a hospital, clinic, or school (20 points + $293)

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