On December 21 of last year, ASO-CDA (Association of Automotive Diagnostic Centers) and Fenalco filed with the Legal Secretariat of the Presidency of the Republic a document in which they ask to object for reasons of «unconstitutionality, inadmissibility and inconvenience» to the article by which this mandatory insurance was created, which was not discussed or occurred in the debates in the Chamber but which, according to the president of ASO-CDA , was introduced at the last minute by Senator Ana María Castañeda, rapporteur for the bill.
(Keep reading: Driver rammed 2 motorcyclists in escape attempt; community confronted him.)
For these procedural errors ASO-CDA (Association of Automotive Diagnostic Centers) will also sue before the Constitutional Court. In the document delivered to the Legal Secretariat, ASO-CDA explains that its establishments are required to have a policy to cover damages to third parties within their facilities, because the report to vote on the project states that these insurances Individuals “are not a novelty in the sector”.
«The above gives us to understand that there is, on the part of the legislators, a lack of knowledge of the activity carried out by the CDAs (Automotive Diagnostic Centers) and to what extent their responsibility goes, which is why we found inaccuracies in the arguments raised», they assure.
(Also read: Intolerance: They spray-painted a car that was left parked in front of a house).
In the document they explain that there is no connection between the proposed individual mandatory insurance and the activity that the CDAs comply with. «A CDA cannot assume responsibility for the damage that the owner of the vehicle may cause to third parties outside the establishment.» It is also clear that the CDA (Automotive Diagnostic Centers) only approves the correct state of a vehicle at the time of the examination but cannot answer for what happened in the following year when it is circulating and can be subject to damage, manipulation, use improper, inadequate speeds, etc.
15 monthly minimum wages is the coverage of the policy for cars and seven for motorcycles
In additionASO-CDA (Association of Automotive Diagnostic Centers) and Fenalco refer to the amount of the protection value. «This would exceed the current utility values as a result of the inspections,» and he would add that a «deep crisis in the sector» would arise, he would not be able to assume the operating costs and would make his activity unsustainable, in addition to jeopardizing the continuity of the mechanical technical review.
(Also: USA: Tesla car caused accident after stopping without reason).
According to the union’s calculations, the cost of the policy for a motorcycle would be 59,000 pesos and for a light vehicle 89,000 pesos. By adding these values to the administration costs of the RTM rate, it yields a loss of – $26,555 for motorcycles, and – $36,397 for light vehicleswhich adds to the evasion problem (see graphs).
Lastly, the unions refer to the processing defects of the Law, the violation of the «principle of consistency and flexible identity», this, because the paragraph that creates this mandatory insurance was not discussed or approved in the first two debates in the House of Representatives (see What the author of the Law says).
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