P.R. Laws tit. 9, § 2093

2019-02-20 00:00:00+00
§ 2093. Traffic Safety Commission

(1) Creation.— A coordination committee is hereby created which shall be known as the “Traffic Safety Commission” which shall be referred to, hereafter, as the “Commission”. This Commission shall be presided by the Governor or by the person he may delegate.

(2) Members.—

(a) The Commission will consist of the following public servants, or those representatives who said public servants appoint, who must have the capacity, knowledge and decisional power to effectively represent the executive public servant that they replace. Those appointed shall respond directly to the agency chief, who in his turn, shall be responsible for the determinations that are made by the Commission.

1. The Governor

2. The Secretary of Transportation and Public Works

3. The Secretary of Education

4. The Secretary of Health

5. The Police Superintendent

6. The Executive Director of the Highways Authority

7. The Administrative Director of the Courts

8. The Executive Director of the Automobile Accident Compensation Administration

9. The Secretary of Justice

10. The Administrator of Mental Health Addiction Services Administration.

11. The President of the Public Service Commission

12. One (1) representative of the public interest who shall be appointed by the Governor for a two (2) -year term

13. A youth representative who shall also be appointed by the Governor for a term of three (3) years. The youth representative shall be a youth over eighteen (18) years of age and no older than thirty (30) years of age.

(b) The Governor may appoint additional members so that, at his discretion, they may form a part of the Commission.

(c) The members of the Commission shall not receive compensation for their services as such. However, they shall be entitled to receive reimbursements for per diems and travel expenses in which they may incur in carrying out their functions, pursuant to the standards that to such effect the Secretary of the Treasury has already established.

(3) Functions and powers.— The Commission shall act as coordinating central agency in the planning, administration and execution of the traffic accident prevention programs. The Commission is not, however, empowered to exercise the authority nor the powers and duties conferred to other agencies, instrumentalities, public corporations or other political subdivisions of our governmental structure.

1. For the purposes of attaining the goals of §§ 2092—2095 of this title and the highest benefits possible from federal funds appropriated to the Traffic Accident Prevention Program, the Commission shall have the following functions:

a. Study and evaluate all the problems affecting the traffic safety on our streets and highways.

b. Require from agencies, instrumentalities and public corporations which perform functions connected with traffic safety to investigate the convenience of establishing new measures aimed at promoting greater traffic safety and to make an evaluation of the existing programs and measures.

c. Prepare, develop and coordinate a general program on traffic accident prevention, in cooperation with the different agencies, instrumentalities, public corporations and municipalities which under the law have the responsibility of carrying out any phase in connection with the traffic, taking into consideration the standards and requirements that the Government of the United States may establish through the federal agency responsible for enforcing Public Law No. 89-564 of 1966, known as the “Highway Safety Act”.

d. Prepare, develop, and coordinate an annual study on the effects on traffic safety on the thoroughfares of the Commonwealth of Puerto Rico of the use of mobile telephones while driving, with and without hands-free devices, in coordination with the different agencies, instrumentalities, public corporations, and municipalities, which by law perform duties related to traffic.

2. To carry out these functions, the Commission shall have the following powers:

a. Appoint a Working Committee which shall be composed of a representative from each one of the agencies and public corporations which are a part of the Commission, for the purposes of carrying out studies and submitting recommendations to the Commission on different aspects of traffic safety.

b. Appoint other committees, as it may deem necessary, to attain the ends and purposes of §§ 2092—2095 of this title and of the federal act.

c. Use the resources available within the agencies and public corporations that compose it, such as the use of offices, personnel, equipment, materials and other facilities, such agencies and corporations, particularly the Automobile Accident Compensation Administration being authorized hereby to place at the disposal of the Commission said offices, personnel, equipment, materials and other facilities.

d. To appoint an Executive Director and all the necessary personnel for the administration and execution of the program, to confer such powers and obligations it may deem advisable and to pay for their services the compensation that the Commission may determine. The personnel of the Commission shall be governed by the provisions of §§ 1461 et seq. of Title 3, known as the “Public Service Human Resources Administration Act of the Commonwealth of Puerto Rico”. The Commission is hereby empowered to include, in such cases as it may deem necessary, one or more of its officers in the Exempt Service.

e. Receive in the name of the Commonwealth of Puerto Rico the funds and benefits that the federal government may assign in accordance with Congressional Public Law No. 89-564 of 1966, and the amendatory and supplementary laws thereof, and to use such funds in the development of projects and activities in connection with traffic accident prevention.

f. Assign or transfer to the agencies, departments, instrumentalities, public corporations and municipalities such commonwealth or federal funds or part thereof that the Commission may have at its disposal so that said organizations may develop any specific traffic safety project previously approved by the Commission.

g. Accept in the name of the Commonwealth any donation of properties and moneys, as well as appropriations made by the Automobile Accident Compensation Administration in its behalf to carry out the purposes of this chapter.

h. Adopt, promulgate and totally or partially amend, the rules and regulations necessary for the purposes of enforcing the provisions of §§ 2092—2095 of this title and for the management of matters not in conflict with other laws nor with the authority granted by law to the different agencies.

i. Contract the services of technicians to perform the necessary studies and investigations on traffic safety.

j. To develop and implement annual educational campaigns at schools, universities, colleges, and institutes about traffic accident prevention and driving under the influence of alcoholic beverages and controlled substances in these situations, as well as to provide advice on the risks of texting while driving.

(4) Operation.—

1. Meetings.— The Commission shall meet not less than four (4) times a year upon previous call to such effect by the chairperson. Seven (7) of its members shall constitute a quorum and the resolutions shall be taken by a majority of the members present. The Executive Director shall be responsible for preparing the minutes of the meetings, resolutions, annual and periodical reports, as may be needed, and shall distribute them among the other members of the Commission.

Each member who is allowed to designate a representative shall advise the Commission of the person designated to represent him in the meetings of the Commission. The Executive Director of the Commission shall be responsible for preparing the minutes of the meetings, resolutions, annual and periodical reports, as necessary, and shall circulate them among the other members of the Commission.

2. Reports to the Legislature.— The Commission shall prepare an annual report summing up the work performed, the objectives attained, the future programs and the recommendations of necessary legislation to carry out said programs. Said report shall be submitted to the Legislature at the beginning of each regular session.

History —May 25, 1972, No. 33, p. 68, § 2; July 18, 1986, No. 137, p. 437; July 18, 1986, No. 144, p. 452; June 19, 1987, No. 40, p. 137; Aug. 21, 1990, No. 44, p. 183, § 2; Jan. 1, 2003, No. 21, § 1; May 6, 2004, No. 107, § 1; Oct. 8, 2010, No. 148, § 1.