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The resolution will enter into force at the end of January 2021. The fine for non-compliance with the measure will depend on the adjustment to the minimum wage that the National Government defines for the coming year.
The Ministry of Transport has already published the most recent resolution on the correct way in which drivers and companions who move around on motorcycles, motorcycles, motorcycles and ATVs should use the helmet. Therefore, to avoid a fine or even immobilization of the vehicle, these are the key points of the regulations regarding the use of a helmet.
To begin with, the regulations apply throughout the national territory and apply to all vehicles such as motorcycles, motorcycles, motorcycles and ATVs. However, in the case of motorcycle cars, the rule will only be applicable to those whose bodywork does not include the driver. With this exception, the regulation indicates that drivers and companions who move in said vehicles must have their heads “totally immersed in the helmet.”
That is, the retention system (the straps, clips, etc., by means of which the helmet is held in position on the head) must be secured below the lower jaw, with no broken straps, broken or incomplete clips. . In addition, they may not carry mobile communication systems or telephones that are interposed between the head and the helmet, except if these are used with accessories or auxiliary equipment that allow them to have hands free.
Finally, in the case of helmets that have a movable lower face cover (removable, movable or integral part of the helmet that covers the lower part of the face) this must always be fixed on the lower part of the face and secured during transit, as a way that offers protection to the face of the motorcyclist (driver or passenger).
The resolution also states that the surveillance and control of the above provisions will correspond to the transit authorities in their respective jurisdiction. Therefore, it indicates that the agents must be properly trained in order to verify the correct compliance with the norm by the citizens.
The plot
As the document indicates, the economic sanction for those who disregard the rules established by the transportation authority and do not wear the helmet well will be 15 monthly legal daily minimum wages in force (Article 131 of Law 769 of 2002). However, at this time, the exact amount of the fine cannot be calculated because it is not yet known what the adjustment to the minimum wage will be for next year.
Currently, the daily minimum wage is $ 29,260, therefore the fine reaches $ 438,900. With this base it could be inferred that for next year the penalty could be in an approximate amount of $ 450,000. In addition, the resolution also states that “the non-use of the helmet when appropriate, will lead to the immobilization of the vehicle. This regulation will enter into force as of January 23, 2021.
This is the resolution of the Ministry of Transport:
