Driver and vehicle leasing tenant jointly responsible for the traffic violations, said Attorney General's Office

The driver, the lessee or tenant and owner in vehicle leasing, renting or lease-purchase option, shall be jointly responsible for violations of traffic rules detected by technical means or technology. This was stated by the Attorney General's Office, Alejandro Ordóñez Maldonado, to request the Constitutional Court to declare enforceable Article 86 of Law 1450 of 2011.

The standard demanded, Law Development Plan 2010 - 2014, establishes sanctions aimed at regulating traffic and transport matters, anticipating the entry into force of a provision of the Code of Administrative Procedure and an exception to the payment of court fee in actor's opinion, violate the constitutional principle of unity of matter.

In his view, the chief public prosecutor explained that Article 22 of Law 1383 of 2010 foresaw the possibility of penalties for traffic violations and transport, captured by technical and technological means and fixed the responsibility on vehicle owner's head.

He noted that the regulation created a problem for the given vehicle leasing, renting or lease-purchase option, as the owner ended up being responsible for violations committed by contractors, tenants, or by drivers, despite not having a control effective on the appropriate handling of the vehicle

In the opinion of the Attorney this circumstance generated a clear disincentive to the vehicle leasing industry with significant impact on the economy.

He noted that Article 86 of the Law of the plan is merely clarifies the scope of Article 22 of Law 1383, 2010, in the sense of setting a joint responsibility between the contractor lessee and the driver of the vehicle with its owner, to which be linked to the process, from the right of ownership and business operations that involve social functions such as obligations to account for the commission of offenses as established in Articles 2, 58 and 333 of the Constitution .

This ensures the owner's fundamental right to due process and gives you the opportunity to establish and enforce the responsibility of the contractor or lessee of the vehicle.

For the Public Ministry is an institutional solution directly related to the purpose of the development plan, to stimulate a sector of the economy, from the clarification of the exercise of property rights, why, asked the Court to declare enforceable Article defendant, on the understanding that in the case of vehicles given in leasing, renting or leasing, without option to purchase, shall be jointly responsible for violations of traffic rules detected by technical means or technology driver and the lessee or tenant with the owner of the motor vehicle.