P.R. Laws tit. 9, § 5456
Heavy motor vehicles and their corresponding trailers or semi-trailers, be they public or private, engaged in carrying merchandise, goods or general cargo, must be in optimum conditions while traveling on public highways, specifically their security fittings and accessories. The owners of such heavy motor vehicles, trailers or semi-trailers must meet the minimum security requirements associated with these fittings and accessories before transporting cargo in order to promote the maximum security on the public highways of Puerto Rico.
Any motor vehicle, trailer or semi-trailer transporting cargo on a public highway may be stopped at any time of the day or night by the Police, the Municipal Police, the Traffic Ordinance Corps (COT, Spanish acronym) and the inspectors or employees of the Commission duly authorized by the Secretary and identified as such, and inspected in order to determine whether said cargo violates the provisions of this chapter and the regulations promulgated thereunder. Any driver of a motor vehicle, trailer or semi-trailer who fails to stop when so directed by the aforesaid officers shall be guilty of a misdemeanor and if convicted, punished with a fine of not more than one thousand dollars ($1,000).
Any employee duly authorized by the Secretary as well as the Police, the Municipal Police, the Traffic Ordinance Corps (COT) or the inspectors of the Commission shall have the power to issue traffic tickets or fines to the owner of the heavy motor vehicle or to the owner of the trailer or semi-trailer if after inspecting the same it is determined that their security fittings and accessories are flawed or that they violate the provision on dimensions established by law or regulations. The fine to be imposed for flawed security fittings or accessories or for violations of the provisions on dimensions shall apply to the owner of the heavy motor vehicle, trailer or semi-trailer as it appears registered in the license of the vehicle or in the interchange agreement where the number of the certificate issued by the Secretary appears.
When the heavy motor vehicle, trailer or semi-trailer has been weighed by any of the aforementioned competent bodies and it is determined that they carry cargo in excess of that authorized through regulations, thus attempting against the public safety, the fine to be imposed shall fall on that natural or juridical person responsible for loading the cargo (cargo generator) or on the driver or owner of the vehicle if the same was transporting cargo in excess of its waybill or bill of lading. In the case of trailers or semi-trailers, the generator and/or receiver of the cargo shall be responsible for the excess cargo.
Any person who violates any provision of this chapter or its regulations shall be subject to the fines, administrative faults or penalties provided in the same. Furthermore, no heavy motor vehicle, trailer or semi-trailer that violates the provisions of this chapter may continue traveling until the violation incurred is corrected or follows the directives of the Secretary or his/her authorized representative, or the Police, the Municipal Police, the Traffic Ordinance Corps (COT) or the inspectors of the Commission. If the deficiency is not corrected or when to do so is impractical or impossible to implement during working hours on the date in which the violation was incurred, the Secretary shall have the authority of ordering that the deficiency be corrected at the expense of and chargeable to the violator before allowing further travel. In every case it shall be up to the discretion of the Secretary, his/her representative, the Police, the Municipal Police, the Traffic Ordinance Corps (COT) or the inspectors of the Commission to authorize the continuation of the trip on the basis of the public safety risk potential during the remainder of the route.
The owner of the heavy motor vehicle shall be made responsible only when the same is the owner of the cargo or the person who violated the provisions of this chapter. If the violation was incurred by the cargo generator and/or receiver these shall be liable for the payment of all costs incurred by the Department of Transportation and Public Works due to the violation including towing and transportation; fees for unloading, transferring or carrying the overload to the place designated by the Department; parking fees for the heavy motor vehicle, trailer or semi-trailer and the space provided for the overload; fees related to security; and any other costs and expenses incurred by the Department until the final disposition. It is hereby expressly provided that the Department, the Commonwealth of Puerto Rico, its officials, officers, employees or agents are not liable for the losses, storage conditions and damages the heavy motor vehicle, trailer or semi-trailer and the overload may suffer while at the place designated for that purpose by the Department.
History —Jan. 7, 2000, No. 22, § 15.06; June 3, 2004, No. 132, § 15; Aug. 19, 2005, No. 57, § 4.