The transport regulations recently announced by the Government of Guatemala generated blockages in different parts of the country, while opposition deputies warn of legal measures against the agreements.
The Executive Agency, through three agreements of the Ministry of the Interior, disclosed the new provisions that must enter into force on May 1. However, the measures that force the hiring of vehicle insurance have generated social discontent.
Now, deputies and blocks who did not challenge the increase in their salary are willing to present legal actions before the Cortes, in doubt of the legality of the new regulations.
The executive provisions order all drivers to have insurance for possible accidents. Not doing so would imply a fine of Q500 for motorcycles, Q800 for vehicles and Q4 thousand for buses.
They present amparos
The March 18 blockade day closed with the presentation of two amparos before the Constitutional Court (CC). The All Block presented an amparo action against the decision made by the administration of Bernardo Arévalo because “violent and restricts the constitutional right of free locomotion.”
The deputy José Chic, of the will, opportunity and solidarity party (you), also went to the CC to present an amparo. Chic argued that the Regulation for the Mandatory Civil Liability Insurance against Third Parties implies a certain and imminent threat to the rights of freedom of action and road safety, as well as the principles of family economy, autonomy of the will, proportionality and rationality by the Mingob, the entity issuing the agreements that formalize the measure.
The Legislative Blocks National Unit of Hope (UNE) and we will present amparo actions, while the group we are analyzing what is the best legal strategy to combat agreements on mandatory insurance.
“The cause of accidents is not the lack of insurance, but the traffic address, which sells licenses, and a transport department that, instead of monitoring, only installs assault positions,” said Deputy Inés Castillo, head of the UNE block.
For Castillo, the presidency’s decision could obey an agreement that seeks to favor a particular sector. “This decision of the Executive is a business for the financial sector.
Although he considers that having insurance is important, the way in which the Executive promotes it could generate problems, according to Nadia de León, of the bloc. The deputy says she will submit another amparo, because she does not share the provision.
“It is a wrong measure at this time, because, without any planning, it directly affects the pocket of the Guatemalans workers. There are increases in the basic basket and in the services, when we do not even have roads,” he said.
For deputy Héctor Aldana, the provision is also wrong. He even considers that there could be legal gaps that the Executive did not contemplate at the time of issuing the regulations. “As deputies of the bench, we will evaluate the scope and take the necessary legal measures,” he said.
They ask for extension and reconsideration
The deputy Cristian Álvarez, head of the Block Commitment, Renewal and Order (I think), seeks to promote a resolution point that allows expanding the time stipulated in the agreements, so that the population can plan their finances and adapt to the new measures.
In addition, the deputy announced the presentation of the Law of Control and Supervision of Cargo and Passenger Transport, an initiative that seeks to improve surveillance for accident prevention, without resorting to the obligatory nature of accident insurance.
For Elmer Palencia, head of the value block, the executive decisions have not been the most successful. Even doubt of the technical foundations that led to establishing a catalog of fines before possible future infractions to the regulations.
“Forcing to acquire insurance is not the correct measure that the Executive must have taken. It seems that responsibility is endorsed to the population (…) the position of citizenship is legitimate,” he said.
For their part, the deputies of the VOS block issued a public letter requesting President Bernardo Arévalo to reconsider the measure.
“It does not respond to the need to generate adequate insurance and could have negative repercussions for the Guatemalans,” said Deputy Orlando Blanco.
They support the government
Deputy Ronalth Ochaeta said that the position of the seed movement is to support the president, considering that the decision is timely. He even stressed that this is one of the actions that seek to prevent tragedies on the roads.
“The population demanded an action after the accident on La Paz road, and this is an answer. We are on the side of the government because we see with good eyes that they want to fulfill the law,” he said.
The official also highlighted that this rule is common in much of the world. “This is nothing new. In the Traffic Law, in some way, establish the need for anyone who has a vehicle to have insurance was achieved. That is normal in all countries, except in Guatemala.”
Ochaeta stressed that the government measure seeks to give order to an issue that had been ignored by other administrations. “The regulation is an advance for the country, since almost 30 years passed without its application. What happens is that we were accustomed to having an anarchic average state in terms of civil and transit responsibilities,” he concluded.