SPEEDING VIOLATIONS PROVINCE OF SANTA FE

Attached is a template of a Document Letter that you can send as

I release the issuing municipality of the Infraction Act.

You can also get more information at the Ombudsman.

Province of Santa Fe, entering into

[Link]

Mister

Judge of Offenses Municipality of

Challenging the minutes

OFFENSE N°

Of my highest consideration:

Who subscribes………………….., in their own right,

establishing legal residence at …………………. street in the city of

dirige a Ud por la presente a los efectos de formular descargo en legal tiempo y

form regarding the Notice of Violation No……………….

I was presented before the LOCAL DISTRICT COURT.

DE……………, in my capacity as the owner of the vehicle brand ……………, exercising

my right to defense guaranteed by the National Constitution, with the purpose of

appeal the alleged violation records detailed, for the 'supposed' violation
excess speed,

First of all, and as a preliminary matter, I demand that the

actions to the court of minor offenses corresponding to the domicile of the alleged

infractor, which I hereby establish at street .................................................... of

the city of ........................................., Province of ....................................... , everything

Hello according to article 69 section h) and 71 of law 24.449, being this in accordance with my

right to defense, guaranteed by the National Constitution and by express

provision of law 24.449 which establishes in its art. 69 "The procedure for

Applying this law is what establishes the competent authority in each jurisdiction.

It must: a) Ensure the relevant procedural process and the right to defense

of the alleged offender.

-- I am accused of an alleged infringement by virtue of a record that

does not comply with the requirements established by the National Traffic Law No. 24,449 and the

Provincial Law No. 11,583.

It is necessary to take into account that the verification act is an act

administrative and as such must necessarily meet a series of requirements,

among them, emanate from a competent administrative official, respecting the

formalities imposed by law (In this sense, Hugo Luis Domingo, Professor

of Administrative Law, Faculty of Law and Social Sciences of Rosario

from the UCA, Opinions prepared for the Ombudsman of the Province

of Santa Fe).

It is worth noting here that law 24.449 establishes in its article 70 that it is

duty of the authorities to observe in the matter of verification of infractions the

following rules, among which it is stated that they must 'identify themselves before the

alleged offender, indicating the immediate department to which they belong

use the regulatory act form, providing a copy to the alleged offender,
unless it is identified or escapes, a circumstance that will be recorded.

in it. It is necessary to state that this circumstance did not occur in the case, that

My person does not, at any time, disregard the law, nor do I evade its enforcement.

and that's why this explanation is being made, in effect the record made is a ruse and

it is not enough to claim the collection of the fine in question.

The requirement mentioned in the previous paragraph is directly related to one

of the essential elements of the administrative act mentioned above, the

competence; and in turn with an unavoidable formal requirement of every act

administrative, the signature of the intervening public official.

Who is competent to carry out the verification is the administrative official.

to which article 70 of law 24449 refers. As that official did not exist.

in the place and although any person under any title has signed the deed,

it is null of absolute nullity. (In this regard, Adriana Taller, Professor

Holder of Administrative Law at the Faculty of Law of U.N.R. and

Norberto Q. Martínez Delfa, Director of the Center for Administration Studies

Local, Faculty of Law of U.N.R, Opinions prepared for the

Ombudsman's Office of the Province of Santa Fe.

The use of radar is questionable in terms of constitutionality.

photographic, which is used covertly and whose utility lies in its function

preventive. In this sense, article 70 paragraph 3 of law 24449 is expressly violated.

when it orders that the applying authority must identify itself before the alleged

infractor, indicating the dependency to which it belongs. The spirit of the law is

ensure the validity of the due process (art. 69 a) law 24449) and the right

of constitutionally recognized defense (art. 18 CN), a situation that does not

manages to comply with a notice to make the payment of a fine,

unknowning the Authority from which the Report of Infringement originates and the

factual budget surrounding the event.

What is presented is undoubtedly indicative of a situation of

abuse of authority for purely revenue purposes, and for this reason it is required

declare the absolute and insurmountable nullity of the alleged infringement acts. - On the other hand the
the current regulations establish that to the

first sanctioned offense, when the speed limit exceeds 90

km/h, will only correspond to a warning.

I hereby challenge the existence of

presumed presence of a public official in the verification of the violation. I leave

I assert my right to initiate criminal actions for abuse of authority and civil actions.

for the consequences of a clear abuse of authority being verified as specified by the

Penal Code, therefore no one should be deemed worthy of holding a position they should merit.

equitable exercise of a function can use the same with the sole benefit of

to raise

I establish my legal residence at street

...............................

For all the above, it is requested that the minutes of be annulled.

infraction committed due to the nullity of the procedure carried out

cabo, under threat of initiating civil and criminal legal actions.

Greetings to you. Sincerely.

It is very common for the different
municipalities and/or communes do not comply
strictly to apply the
prior warning in cases where
it is about the first offense for
speed not exceeding 90 km/h
(in accordance with the provisions of the Resolution
provincial No. 165/01.
Fines in the Province of Santa Fe

The use of radars (speed cameras) for speed control

in the field

from the Province of Santa Fe is regulated by provincial law No.

11583, y

regulated by provincial decrees No. 2311/1999 and No.

1471/2001.

The Provincial Undersecretary of Transport is the authority of

application and

verification of all provincial legislation on traffic,

and it is the

responsible for coordinating with the respective jurisdictions

(municipalities and

communes) the measures aimed at their effective compliance.

According to the aforementioned regulations, the notice of summons sent to

ham

the infractor must contain the following requirements:

Image of the vehicle at the time of the violation, with identification

delete

domain

2. Place, day, and time of the offense committed

3. Allowed speed

4. Recorded speed

5. Control body
6. Identification of the equipment used

7. Penalty provided for the committed offense

8. Date, day, and time of the hearing, which must be considered for the
fixation

of

the same with a notice of no less than fifteen (15) business days

9. Indication of applicable local ordinances

10. Any other information that may lead the alleged offender to take

knowledge of the offense charged for the purposes of the broader

exercise of your right to defense

On the other hand, it is expected that the instruments used must

contain

more than one image for each violation, which will be maintained
in

digital format in a file for the duration of the case

promoted by her. One of them will be included in the notification

that addresses the alleged offender. Under no circumstances can it be issued

images

that identify the occupants of the registered vehicles.

The local judging bodies must summon to a hearing the

offenders, within twenty (20) business days of receipt

the

property data from the National Register of Motor Vehicles.

The notifications derived from the procedure to be carried out before

the
local courts of minor offenses should be conducted by letter
certified

covered with return notice or similar method, which will remain in

power of

said judging bodies.

It is important to know that, through Provincial Resolution No.

156/01, it

it established that the first detected violation, if the speed

registered in

exceeds 90 Km/h, it only corresponds to a warning (that is, a

call

of attention that does not imply payment of any amount), being understood
how

"first offense" that "...speeding detected as

first

in each municipality or commune on which a communal resolution falls

sign...

The main complaints of motorists (alleged offenders)

y/o

irregularities detected in fine procedures

emanating from the

The province of Santa Fe is as follows:

The lack of reliable notification of the summons of notice (act)

of

verification) because on numerous occasions the neighbors

they manifest news
only received the pre-litigation notice for the collection of the fine without having

sido

notified, previously, of the aforementioned minutes, being curtailed the

right to exercise

defense.

On other occasions, the ID is missing some of the requirements.

what

it expressly considers the regulation (for example, it is not accompanied

the image of

the photo ticket or the radar that obtained it is not correctly identified.

It is very common for different municipalities and/or communes not to

they fulfill

strictly applying the prior warning in cases where

it is about

first offense for speed not exceeding 90 km/h (according to

the provided

in Provincial Resolution No. 165/01.

It is important to know that a request can be made through a note addressed to

to the organism

of the municipality that requires, the submission of all records of the

infraction

that is claimed to the jurisdiction of the domicile of the alleged offender,

as long as

this is located more than 60 kilometers from the seat of the court that

corresponds to intervene (as stipulated in article 69 of the Law

National of
Transit No. 24,449

5) Finally, it is appropriate to keep in mind that in cases where the

presumed

the infringement committed on National Routes is applicable to it

normed in the

Law 25.640 and consequently, it can be verified at the offices of

Metrology

Legal if the equipment or radar complies with the corresponding

regulation

metrological and technical established in the current regulations.

See the basic model note to make the rebuttal and/or the
challenge of the

infraction (attached pdf file), as appropriate, sending it by

letter

document to the municipality of the Province of Santa Fe that claims it

fine.

Complaints:

The Ombudsman's Office of the Province of Santa Fe

([Link]) reported that by virtue of the validity of the

Decree

1698 dated July 14, 2008, the Provincial Security Agency

By vial

a body authorized to address and respond to claims

formulated

regarding irregularities in the preparation of infringement records

transit in

the entire Santa Fe territory.

SOUTH ZONE - ROSARIO

0341-4721623/1526 (Mendoza 1085 (2000) Rosario)

NORTH ZONE–SANTA FE

0342-4572377/2511/4822 (First Dam–Puerto Santa Elena–

Elevator

Terminal (3000) Santa Fe

IV. The photo tickets in the Province of Córdoba.

The system of Regulating Devices and Traffic Controllers

in the

The Province of Córdoba is regulated by Provincial Law No. 8980, in

which is

establishes that the scope of application will be on the routes and roads of
domain

Provincial and National on intercity routes or crossings of

zones

urbanized municipalities or townships throughout the territory of the

Province of

Córdoba.

The Municipality or the Community that intends to install

cinemometers, must

manage the authorization before the Authority of Application, which in this

case is
the Traffic Accident Prevention Directorate, dependent
from the Ministry

of the Government of the Province of Córdoba or as it is called in the

future.

Requirements that must be considered in the notification acts for

speeding in Córdoba

The systems for verification and confirmation of violations that

operate with

automatic photographic recording, they will issue the Notification Records in

format

paper, containing at least:

a) Image of the vehicle at the time of the infraction, with the

identification of

domain

b) Description of the infraction

c) Place, day, and time of the offense committed

d) Current speed limit in the section

e) Velocidad constatada f) Autoridad de Control

g) Judging Authority

h) Identification of the equipment used by number or code

assigned in

the register

I) Maximum penalty provided for the offense committed

j) Any additional content that the regulations of this Law

establish

k) Date, day, and time of the hearing, which must be taken into account for the

fixation of

the same with a notice period of no less than fifteen (15) business days

l) Indication of the applicable regulations

Signatures of the intervening officials

m) Any other information that tends to ensure that the alleged

infractor volume

knowledge of the contravention for the purposes of the broadest exercise

of his

right to defense