The justice of Río Negro urged the municipality of Chimpay to remove the radars from Route 22 within 5 business days, otherwise you will have to pay a little more than one million pesos per day.
The Superior Court of Justice (STJ) had already declared unconstitutional a municipal ordinance that allowed the use of radars on a section of the national highway. However, The Executive Power of the Río Negro town did not comply with the ruling and speed sensors remain on the road. For this reason, a few days ago he announced a new sentence that obliges the agency to comply with the law, otherwise it will owe 100 Jus per day, which represents 1,027,500 pesos per day.
The resolution is dated April 4, that is, they have time to withdraw them before next weekend. According to the resolution of the highest judicial body of Río Negro, on March 13 the state prosecutor’s office of the province denounced that the Municipality of Chimpay “disregards the Judgment Definitive 134/22 relapsed in this case, as well as Interlocutory Order 6/21 that gave rise to the precautionary measure duly requested.”
That is why they requested the injunction so that the municipality “Immediately stop applying the illegitimate decreed ordinances, remove the billboards, cease radar controls and any other act related to those, under penalty of imposing progressive pecuniary sanctions and referring the proceedings to the Criminal Justice to analyze the commission of the possible crime of judicial disobedience.”
The summons falls on the local mayor. “Intimidate the Municipal Mayor of Chimpay so that within 5 business days he proceeds in accordance with what is expressed in this document, accrediting in these proceedings the compliance with Judgment 134/22 dated 12-21-2022, under penalty of applying the comminatory sanctions established in art. 37 of the CPCC, at a rate of 100 Jus per day”, says the ruling.
Radares Ruta 22: the unconstitutionality
On December 22, the STJ declared unconstitutional the ordinance approved by the municipality for the installation of a radar in the section of the national highway that passes through the city. “Consequently there were proposals from motorists who were fined, channeled through the Ombudsman’s Office. In this context, the State Prosecutor’s Office promoted the unconstitutionality of the local regulation before the STJ, which has original jurisdiction in this type of case.
In the ruling, the members of the highest provincial court considered that although The municipality has authority to control traffic, this power is limited to urban circulation, and that to obtain the authorization for the operation of the radars, authorization must be requested from the province.
“The Provincial Road Safety Agency that depends on the Secretary of State for Security and Justice is the one that must authorize the municipalities to install and use the cinemometer instruments. In the specific case, the municipality ofe Chimpay had not completed the procedure before the Provincial Road Safety Agency at the time of installing the radar”, they pointed out in the ruling after the analysis of national, provincial and municipal laws.
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