P.R. Laws tit. 9, § 3216

2019-02-20 00:00:00+00
§ 3216. Violations—Powers of the Police

For the ends and purposes of this chapter, and without impairing the powers and authority conferred to the Puerto Rico Police through other legislation, said Body, or any of its members are hereby empowered to:

(1) Require the license or any other document that establishes the identification or source of the vehicle or part held for investigation, from the driver, owner or person claiming to be the owner of the motor vehicle or part.

(2) Inspect any junkyard, motor vehicle or parts dealer, auto repair and auto sheet metal repair and paint shop, and to inspect vehicles or parts found in said places when there is probable cause to believe that illegally appropriated, stolen or missing vehicles or parts may be found there. It shall be understood that there is probable cause when any of the situations or circumstances mentioned in § 3215 of this title is present.

(3) Seize any vehicle, part, or junk reported as unlawfully taken, stolen, missing, destroyed, or exported, and the driver, owner or person claiming to be the owner is unable to furnish proof of ownership, in accordance with §§ 1724 et seq. of Title 34, known as the “Uniform Forfeiture Act of 2011”, except that the notice of seizure to the person or persons with any interest in the seized vehicle shall be sent within twenty (20) days counted from the time the property was seized; Provided, That the in the case of unlawfully taken, stolen, or missing vehicles, parts, or junk, the actual owner, if determined after a reasonable effort has been made to locate him/her, shall be notified; Provided, further, That should a person claim the property and ownership is duly justified, the seizure shall be rendered ineffective and, the property shall be returned to the owner once the property is no longer needed for the criminal proceeding.

(4) Inspect any vehicle purchased at public auction, those that reflect a notation of lien for theft, destruction, total constructive loss and abandonment and those classified as salvage. There shall be established through regulations, in coordination with the Department of the Treasury, both the charges to be collected for these inspections as well as for issuing the corresponding certificate. The funds to be collected for this purpose shall be covered into two special funds, separate and distinct from any other money or fund belonging to the Commonwealth of Puerto Rico. These funds shall be in custody of the Secretary of the Treasury. From the resources obtained through the collection of these inspections, fifty percent (50%) of the sum shall be covered into a Special Fund in the Department of the Treasury for the exclusive use of the Stolen Vehicles Investigation Bureau of the Puerto Rico Police to acquire equipment and to contract and train its personnel. Provided, That for Fiscal Year 2015-2016, the sum of one million, five hundred thousand dollars ($1,500,000) in account number 0400000-253-780-1999, or in any other created for the same purposes in the Department of the Treasury’s accounting system shall be transferred from the resources of this Special Fund to the “Special Education Student’s Therapy and Service Fund”, created by Act No. 73-2014. The remaining fifty (50) percent shall be, in turn, destined for the improvement and development of the operations and programs of the Motor Vehicles Area of the Department of Transportation and Public Works.

Provided, That the Department of Transportation and Public Works and the Stolen Vehicles Investigation Bureau, before using the resources covered into the Special Fund, shall annually submit a budget of expenses chargeable to these funds, for the approval of the Office of Management and Budget. The remaining funds which as of June 30 of every fiscal year have not been used or obligated for the purposes of this chapter, shall be transferred to the General Fund of the Commonwealth of Puerto Rico.

(5) Inspect imported motor vehicles and motor vehicles used parts arriving in the ports of Puerto Rico to verify and certify that such motor vehicles and used parts meet the requirements of this chapter. Any irregularity detected during said inspection regarding the engine or serial number or any other identification number for a vehicle and/or vehicle part that has been obliterated, defaced, altered, destroyed, removed, or otherwise modified, shall be governed by the provisions of subsection (3) of this section.

(6) Carry out any investigation or action related to the provisions and purposes of this chapter.

History —Aug. 5, 1987, No. 8, p. 612, § 17; Dec. 7, 1989, No. 15, p. 572, § 1; Aug. 9, 1998, No. 208, § 1; Dec. 17, 2010, No. 202, § 1; July 2, 2015, No. 105, § 17.