The Ministry of Transportation published a circular with suggestions to transit agencies, based on legal and jurisprudential provisions, with which it seeks to address the claims that have been submitted by numerous users, who during the last months they have not been able to acquire the Soat.
The document states that transit agencies, before the imposition of a subpoena order for the non-carriage of the current Soatthey must assess the evidence presented by the alleged offenders to validate whether it was indeed impossible to obtain the policy due to causes attributable to third parties.
“The foregoing taking into account the grounds for exemption from liability determined in the jurisprudence, the fact of a third party, which is configured as long as it is shown that the circumstance that generates damage is strange and completely alien, unpredictable and irresistiblewho must comply with an obligation and that the latter is not linked in any way to the person’s actions,” explains the circular dated December 1.
It is worth mentioning that the Organic Statute of the Financial System states that in order to transit through the national territory All vehicles must be covered by compulsory insurance in force that covers bodily harm caused to people in traffic actions”.
(Also read: Soat: now the problem is where to buy it)
Therefore, the Ministry of Transport assured that with this circular the obligation to circulate covered by a Compulsory Insurance is not being exonerated of Traffic Accidents (Soat), nor are the operational control bodies of traffic agencies being instructed not to carry out the corresponding verifications or subpoena orders in the event of non-compliance with traffic regulations.
“What is being urged to comply with the legal obligation of verify the non-existence of a cause for exoneration of liability at the time of imposing the respective sanction, all within the framework of the legal and administrative autonomy that transit agencies have,” the entity said.
Likewise, it is important to emphasize that, although the National Government had proposed to reduce the Soat rate by 50% for certain types of vehicles, the measure, which would have come into force on December 1, has not started because they are still being financial adjustments.