Local August 28, 2013 | 8:40 am

Car clamping ‘unconstitutional’, say deputies

Santo Domingo.- The Congressional Public Works Commission has asked theMetropolitan Transport Authority (AMET) to halt plans to introduce vehicleclamping and confiscation, on the grounds that this would violate theconstitution and Law 241.

One commission member, deputy Tobía Crespo, stated that this measureviolates the constitution, which establishes the right to free movement andprivate property.

“It violates the law and the constitution that establishes the right tofree movement and private property, and it is precisely AMET that is violatingthese citizen rights, first by placing a lock on the vehicles, which isunconstitutional and illegal, and then taking vehicles to the pounds, like thedog racing track (Canódromo), which should not exist, because law 241 is clearon this point.”

He said that Law 241 establishes that there are only two conditionsunder which the authorities may retain vehicles, which are: when a personcannot demonstrate ownership or after a traffic accidentinvolving injuries and deaths.

He said that the fact that a place exists for keeping vehicles impoundedby AMET, in this case the dog racing track, “is illegal and unconstitutional”.

Crespo also believes that AMET should not charge fines, and that thistask should be carried out by the Public Prosecution System. He says that AMET’srole is to impose the fines through its own mechanisms and the Stateshould receive the payment.

He stated that vehicles are the property of citizens, so AMET maynot confiscate them, because this is not within the law, or to clamp vehicles,because this leads to more violence. He called on the AMET director, GeneralJuan Gerónimo Brown Pérez, to refrain from clamping vehicles on the groundsthat it is unconstitutional and if there is an agreement between AMET and themunicipal authorities, this would also be unconstitutional, as well as arbitraryand authoritarian.

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