The Left turning prohibitions implemented by the Transport Cabinet of the Dominican Government as part of the Plan “RD moves”They lack for the moment of Legal support of the Council of councilors of the National District, competent body to regulate traffic in the city.
Without one Municipal Ordinance that supports them, these measures could be judicially challenged and annulled. This, despite the fact that the Executive Power presented the project “RD moves“As the remedy to the evils of the transit of the National District, but has not been known in the Council or as a resolution, ordinance or regulation.
Nor does it appear among the projects in discussion of the city published on the website. It could be argued that these measures are taken as a test or pilot plan, but even with these intentions, that plan must pass the approval of the councilors.
Currently, the Restrictions have been executed by the Intrant In coordination with the General Directorate of Traffic and Terrestrial Transportation (DIGESETT), but they have not been formalized by means of an ordinance of the Cabildo, as required by Law 176-07 of the National District and the municipalities. This legislation establishes that the City Council corresponds to traffic in urban roads.
Overwhelming sentence
The Judgment TC/0097/22 of the Constitutional Courtissued in April 2022, states that municipalities have Regulatory power On local transit, without the need for authorization from national organizations.
The ruling resolved a conflict between the then Technical Office of Land Transportation (OTTT) and the Council of councilors of San Pedro de Macorís, validating a municipal resolution that organized internal traffic in that municipality.
He Constitutional Court determined that, although the Intrant has Planning Faculty According to Law 63-17 of mobility, your performance must be coordinated with local governmentswithout replacing the normative authority of the municipalities.
Therefore, if a Municipal Ordinance that supports the Restrictions implemented, these measures could be annulled by Courts. Any citizen or affected entity could file a legal action claiming lack of competence, based on the jurisprudence of the Constitutional Court and in Law 176-07.
The continuity of the plan “RD moves”In the National District it depends, therefore, on the Formal approval by the council of councilors. Until this happens, Restrictions of Left turns and other traffic measures applied by the Intrant They are in a vulnerable legal situation.
RD moves
Until now he Intrant has implemented a series of changes in the National District that include the elimination of Left turns on avenues TIRADENTES AND LOPE DE VEGAand have just announced that they will execute the restriction at five specific intersections of Winston Churchill, Abraham Lincoln and Máximo Gómez avenues during the first weekend of August.
The specific places Where the left turn will be banned: Avenue Abraham Lincoln With Víctor Garrido Puello Street, Abraham Lincoln Avenue with Andrés Julio Aybar, Avenida Máximo Gómez With Pedro Livio Cedeño Avenue, Avenida Winston Churchill with José Amado Soler Street and Winston Churchill Avenue with Roberto Pastoriza Avenue.
As part of the program, the Tour at the intersections of the streets Fantino Fantino Falcó, Gustavo Mejía Ricart and Max Henríquez Ureña with Avenida Lope de Vega.
Also, on Avenida Tyd The left turn has been banned in the intersections With Salvador Sturla streets, Carlos Sánchez, Rafael Augusto Sánchez, Roberto Pastoriza Avenue and Frank Félix Miranda Street.
