Find out if a car owner can be fined for having the upholstery in poor condition

by Andrea
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Find out if a car owner can be fined for having the upholstery in poor condition

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“In November 2021, a complaint was shared on X regarding a situation that had recently been experienced by its author. After authorities agents ordered the individual to stop driving – and after it was confirmed that he had the inspection, insurance and documentation necessary to drive –, he was reportedly questioned about the condition of the ‘seat of his old car’”, he begins by explaining. the same source.

In the image that accompanies the narrative, you can see what appears to be a fine notification for an infraction detected on November 11, 2021, on Estrada Regional 261-5, in Sines. The transcription was made from the “summary description” of the document: “Circulation of the vehicle with the driver’s seat not being completely upholstered in the seat region due to wear and tear”.

In the second image of the publication, we can see what appears to be the reason for the fine: a simple hole in the car’s upholstery, smaller than the size of a pen. Something that, according to the document mentioned above, resulted in a fine of between “7.48 euros and 37.41 euros”.

In November 2021, Marco Matos, the protagonist of this story, explained to Polígrafo that he was traveling in a van transporting goods belonging to the company where he works when he was stopped by the GNR at the entrance to Sines, as part of an inspection operation.

After requesting the vehicle documents and inspecting the transported cargo, the Military Police agents noticed that the seat was damaged and informed that it would be fined, clarifying, however, that the fine would be directed to the company that owned the van, and not to the driver.

Questioned by Polygraph when the facts were first verified, an official GNR source confirmed the authenticity of the infraction report presented in the image, which was “prepared following a road inspection action, with the infraction being foreseen and punished under the terms of Article 23 .º of the Road Code Regulation (RCE), with a value between 7.48 and 37.41 euros.”

Lawyer Pedro Barosa, partner at Abreu Advogados and specialist in criminal and administrative law, explained to Polígrafo that “under the terms of no. in a way that allows him to have good visibility and manage all controls with ease and without compromising continuous surveillance of the path’”. Furthermore: “the driver’s seat will be upholstered and longitudinally adjustable; In heavy passenger vehicles, this seat must also be vertically adjustable.’” Which therefore confirms the GNR’s interpretation.

Pedro Barosa also added to the same source that “paragraph 3 of article 48 of the aforementioned Regulation establishes that ‘contraventions of the provisions of this regulation that do not correspond to a special penalty”, as is the case, “will be punished with a fine of 1,500$ to 7,500$’ (i.e. from €7.48 to €37.41)”, as quoted by the military force.

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