Exceeding speed limits and driving without a pass or with a drink could land you in jail: controversial bill

A controversial bill is being debated in the Congress of the Republic, which puts speed limits in the eye of the hurricane and could send many to jail.

Although the project is intended to strengthen road safety and reduce traffic accidents caused by speeding or driving under the influence of alcohol or psychoactive substances, the proposed amendments to the National Traffic Code have aroused all kinds of controversial reactions.

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Jail for those who exceed speed limits

The project, which is being discussed in the Congress of the Republic, is promoted by former senator Roy Barreras and has received the support of several congressmen, despite being considered extreme by many Internet users.

In a simplified manner, the bill seeks to promote policies to safeguard the fundamental rights of citizens in the context of the mobility problems that the country is facing.

The bill reads: “Driving a motor vehicle or motorcycle at a speed of thirty (30) kilometers per hour or more, above the maximum speed allowed in the place of occurrence of the fact, shall incur a prison term of three (3) to six (6) months and a fine of thirteen (13) to seventy-five (75) legal monthly minimum wages in force”.

Not carrying a license or driving under the influence of alcohol will also result in imprisonment

In addition to speed limits, the bill also contemplates imprisonment for those who drive under the influence of alcohol or psychoactive substances, and even for those who drive without carrying a driver’s license.

The new bill proposes that those who commit these infractions face criminal penalties of imprisonment ranging from three to six months and fines ranging from 13 to 75 minimum wages in force.

The sanction applies to drivers of both motorcycles and vehicles and includes the offenses of disregarding speed limits, driving while intoxicated or under the influence of psychoactive substances, and driving without a driver’s license.

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It should be clarified that, at present, the National Traffic Code does not contemplate the deprivation of liberty as a sanction when speed limits are exceeded or a vehicle is driven under the influence of alcohol. In these circumstances, the Code establishes administrative measures that end in the retention of the vehicle.

Driving without a driver’s license is currently punishable by a fine. If the bill is approved as proposed, this sanction would be replaced by imprisonment for three to six months, in addition to the corresponding pecuniary sanctions.

Is jail the solution?

The fundamental purpose of this legal reform is to increase road safety in the country, although its punitive approach has generated diverse opinions in the community and in legislative circles.

The discussion is clear: is proposing jail time for drivers who exceed speed limits an appropriate measure? The intense debate revolves around several points. One of them is that, for many, the criminal nature of the proposed penalty for drivers who disregard speed limits, do not carry their license or drive under the influence of alcohol is an excessive measure.

Another point is the controversy over the possible implementation of sanctions that would not be consistent with the fault incurred by the drivers. For example, those who drive without a license would have the same sanction as those who drive under the influence of psychoactive substances.

It is also discussed whether this is a viable and pertinent measure in the context of the overcrowding of Colombian prisons.

Another point has to do with the controversy over whether such a strong stiffening of penalties could become an incentive for the attempt to bribe traffic agents and the implementation of other illegal practices, with a view to evade the sanction.

From the other side, there are those who highlight the importance of increasing road safety in the country, since the figures are worrying. According to the Observatorio de Movilidad de Bogotá, only in the cold capital city, between January and April, 7,017 people were injured in car accidents.

Divided opinions

In Congress, and certainly in public opinion, opinions are divided between those who call for severity in cases where, for example, exceeding the speed limit puts the lives of pedestrians at risk, and those who consider the measures to be disproportionate or unfeasible.

Of course, the project contemplates other modifications that are not limited to criminal penalties. The proposed reforms address road safety issues, such as the use of seat belts, the transport of minors in vehicles, regulations regarding the issuance of driver’s licenses and speed limits for vehicles such as scooters or electric bicycles.

However, the jail penalty for those who exceed speed limits, do not carry a driver’s license or drive under the influence of alcohol has been the most controversial measure and, therefore, the one that has had the highest visibility.

Currently, the proposed bill is already in its second stage, as the Senate plenary discussed the bill on August 15.

This is, of course, a project that has already aroused the expectations of Colombian citizens.

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