Photomultas are automatic, semi-automatic systems or other fixed or mobile technological means that are installed with the authorization of the National Road Safety Agency.
(Keep reading: What are the conditions to be able to change your last name in Colombia?).
The foregoing, with the objective of detecting “infractions of the infrastructure of the transport systems in the sections and the distance that is required on public roads, in stations or on board the vehicle fleet of public transport systems”, according to what was published by the Law 1843 of 2017.
According to the above, this process sometimes tends to be confusing for those who are fined, since sometimes the occasion on which photodetections should or should not be challenged is unknown.
However, to be clear about this issue, it is necessary to know that Bogotá has around 130 ‘life-saving cameras’which are distributed in the following areas of the city:
Some of the garments from the photomultas in Bogotá.
Photodetection Pages
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How is a photomulta captured?
A sanction or photo fine is generated when the driver of a vehicle exceeds the speed allowed in the area, does not stop when the traffic light indicates a red and yellow light, does not receive the ‘Stop’ signal, drives at times when the vehicle has beak and plate, drives without current Soat, among others.
This procedure violates fundamental rights and constitutional guarantees that are based on a social State
This gives rise to the implementation of the photo fines, which sometimes end up being a problem, since the cameras only take a photo of the vehicle’s license plate, the owner being the main affected, even if he is not driving.
Therefore, the Constitutional Court states that the drivers will be the ones who should be responsible for the fine, exempting the owner from all liability.
As a result, the co-founder and CEO of a company dedicated to contesting photo fines, John Morales, in conversations with RCN newshe claimed: “This procedure violates fundamental rights and constitutional guarantees that are the basis of a social and democratic State of law like Colombia”.
On what occasions can a photo fine be challenged?
The portal JurisData, specialized in offering legal advice, clarified the cases in which the fines may be revoked:
– When the infringement is notified after the established 13 business days.
– Moment in which the collection process was not initiated within the established times.
– When the ruling is made one year after the photo fine has been imposed.
– When it is not possible to capture, by means of the camera, the person who committed the infraction.
How to challenge a fine?
The Ministry of Mobility also clarified who is the one who must pay the fine.
Jaime Moreno / Archive EL TIEMPO
On the other hand, the aforementioned media spoke with Darío Hidalgo, a mobility expert, about whether these fines were legal or not:
“These devices are not unconstitutional and in some cases the photo they take is enough to issue a fine, for example, when the vehicle circulates without Soat or without a technical-mechanical review”, Hidalgo guaranteed. But he also added that “They are very easy to challenge.”
According to the above, Remember that to challenge the photo fines it is not necessary to have a lawyersince you yourself can schedule a public hearing, through the website of the Ministry of Mobility, according to the website of the Bogotá Mayor’s Office.
After requesting the hearing, the SDM Scheduling System will confirm the information to proceed with the hearing of the appointment that can be held in person or virtually.
When executing the previous step, the fined may request that due process be donein addition to requesting the identification of the vehicle and the person who found vehicles at that time and if possible the Transit Authority will fail.
“Otherwise, the hearing will be suspended to continue in a next hearing to carry out the practice of evidence and the ruling,” according to the aforementioned portal.
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