Bikers in front of Intrant waiting to be regulated.
Santo Domingo, DR.
Angel Leonel Canó, representative of a group of lawyers in the country, informed that he, together with the group of lawyers, filed an action for protection of extreme urgency before the Superior Administrative Court (TSA) against the implementation of the plan imposed by the Institute of Transit and Transport (Input) to register motorcyclists.
The reprimand was directed at Listín Diario director Miguel Franjul in response to his Saturday, June 16 editorial titled “Machines of Death.” Below we leave the communication.
Greetings, Mr. Franjul.
Thank you for opening up the opportunity to shed some light on what we commented via Instagram regarding your “Machines of Death” editorial.
Indeed, motorcycle statistics in our country do not correspond to those which claim to protect the life and take care of motorcycle users. However, a large part of our population is concerned with protecting their lives, riding their motorcycles wisely and enjoying the thrills and freedom that riding a motorcycle offers, or simply being able to use the motorcycle in safely as a transport element in everyday life and at work. .
Regulations are on the fringes of this, with authorities currently focusing more on enforcement and the impossible life of the motorcyclist than on educating and guiding the motorcyclist towards a safer lifestyle. Moreover, the legal framework is precarious and lacks local context, having been imported from Colombia.
What is currently happening in the country is a “registration” process which authorities say is part of the “My Safe Country” plan. The latter is a commendable attempt by the central government to focus on specific policies to reduce the citizen insecurity from which we all suffer.
Since 2021, we have identified that the motorcycle registration project lacks a legal basis for not being within the remit of INTRANT, nor exposed as compulsory registration in law 63-17, which is VERY delicate. Therefore, it is essential to point out some elements to enlighten you and why this constitutes a manifest violation of fundamental rights:
– In the Transit Law 63-17, nor in any other law, including the Transit Regulation, there is this register, nor is INTRANT attributed to the execution of citizen security policies . This is a usurpation of the functions of other state bodies, in violation of the fundamental right to good administration.
– With this execution, motorcycles already registered in accordance with the law with the DGII are registered, being up to date in their legal circulation documentation. This means number plate, registration and insurance, the only requirements established by law for legal traffic and license possession.
– INPUT, through this register, justifies the issuance of a permit parallel to that already established in the law, in violation of the legal framework of transit which indicates that citizens must only have one (1) permit with the categories of driving allowed.
– This “license”, parallel to the legal and regular license established by law, restricts the motorcycle and the owner to the use of THIS motorcycle with THIS helmet, violating the right of ownership and the freedom of transit of the user.
– In addition, it is assigned a numbering and QR code, with data stored in a private web domain (intramoto.com) instead of a public domain (.gob.do), leaving the management of citizens’ information between the hands of third parties outside the public administration, violating the fundamental rights to privacy and personal honor, in addition to data protection law.
– The most sensitive breaches occur at the time of the audit. The first element is the presumption of innocence insofar as, without having committed any offence, the motorcyclist is harassed, detained, and “if not registered”, the motorcycle is seized without a word, even if the driver has all his papers to hand. day. It’s as if all bikers are de facto criminals and ride illegally with their papers up to date. The second element corresponds to the right to property since, without a legal provision justifying such seizure or condemnation ordering it, the motorcyclist is stripped of his property in the middle of a public road. This has already been judged on numerous occasions, including by the SCJ, where it has been established that this type of seizure is frankly unconstitutional and irregular.
In short, Mr. Franjul, the list of illegitimate elements of this register is quite long, and the authorities ignored it. For this reason, since 2021 we have raised our voices with the #YoAndoLegal in addition to submitting it to the Ombudsman, ordering INTRANT to “refrain from performing the registration” so as not to be framed by law and configure violations of fundamental rights.
I take this opportunity to inform you that recently a group of supportive professionals filed an Extreme Urgency Protection Action which will be heard by the TSA next Wednesday, July 20, at 9 am. We hope to be able to stop this arbitrary measure that does more harm than good to the population, affecting economic and social rights, in addition to the emotional and psychological stability of all motorcycle users. Moreover, the precedent of allowing this is disastrous: today it is with motorcycles, but tomorrow it will be with other things.