Traffic Accident Liability and Infrastructure Protection Framework

Republica Dominicana
Presidential Decree No. 051-DR
Issued by: Future DR President Candidate

Subject: Traffic Accident Liability and Infrastructure Protection

Effective March 15, 2028

TITLE I: SHORT TITLE AND PURPOSE

Section 1.01 Short Title

This Act shall be known and may be cited as the "Dominican Traffic Safety and Infrastructure Protection Act of 2028" (hereinafter "the Act").

Section 1.02 Declaration of Purpose

The Dominican Republic enacts this legislation to establish a tiered system of accountability for motor vehicle operators who cause damage to public or private infrastructure through negligent operation. The Act recognizes that accidental damage to critical infrastructure including electrical systems, water treatment facilities, telecommunications networks, and building structures creates cascading costs borne by utilities, property owners, and ultimately Dominican citizens. Public records demonstrate that the Empresa de Distribución Eléctrica del Norte (EDENORTE) loses millions of Dominican pesos annually to damage caused by motor vehicles striking electrical poles and transmission lines, with costs recovered neither from operators nor through adequate insurance coverage. This legislation establishes a proportional, escalating accountability system that creates financial incentive for safe driving practices while protecting the Dominican Republic's critical infrastructure from preventable damage. The Act further ensures that victims of property damage can recover losses through both civil liability claims and government-enforced financial responsibility mechanisms.

TITLE II: DEFINITIONS

Section 2.01 Definitions

For purposes of this Act, the following terms shall have the meanings set forth below:

"Motor Vehicle" means any vehicle propelled by an internal combustion engine, electric motor, or other mechanical power source capable of operation on public roadways, including but not limited to automobiles, motorcycles, trucks, buses, and commercial vehicles, but excluding bicycles and non-motorized equipment.

"Operator" means any person operating or controlling a motor vehicle at the time of an accident, including but not limited to the owner, renter, driver, or person lawfully in control of the vehicle.

"Accident" means any unintended collision, impact, or contact between a motor vehicle and fixed infrastructure resulting in property damage, including but not limited to electrical poles, transmission lines, water pipes, telecommunications infrastructure, building structures, fences, walls, or similar fixed assets.

"Infrastructure Damage" means any physical harm to public or private property resulting from motor vehicle impact, including damage to electrical distribution systems, water treatment and delivery infrastructure, telecommunications networks, road structures, building components, and utilities operated by licensed providers.

"Negligent Operation" means operation of a motor vehicle in violation of traffic laws, safety regulations, or standard driving practices that creates unreasonable risk of property damage or personal injury, including but not limited to speeding, failure to maintain control, reckless maneuvers, and operation under the influence of substances.

"Fault Determination" means the legal and factual finding of responsibility for an accident based on investigation by Dominican National Police, insurance adjusters, or civil courts, with documentation of the operator's negligence or comparative fault.

"Operating Record" means the cumulative history of driving violations, accidents, and license suspensions maintained by the National Directorate of Transportation and Road Safety (DINATRAN).

"License Suspension" means the temporary revocation of driving privileges for a specified period, during which the operator may not legally operate a motor vehicle on public roadways.

"Permanent License Revocation" means the permanent cancellation of driving privileges with prohibition on relicensing without specific judicial order.

TITLE III: TIERED LIABILITY SYSTEM

Section 3.01 First Accident: License Suspension and Notification

(a) Any operator determined to be at fault for an accident causing damage to infrastructure shall face the following consequences on first offense:

One hundred twenty day license suspension from the date of accident determination Notice of suspension issued by DINATRAN within ten business days of fault determination Prohibition from operating any motor vehicle during suspension period Operating a motor vehicle during suspension constitutes a separate criminal offense subject to vehicle impoundment

(b) Fault determination shall be made through one of the following mechanisms:

Police accident report with clear finding of operator negligence or violation of traffic law
Insurance claim adjudication with liability determination documented
Civil court judgment assigning fault to the operator
Written admission of fault by the operator to police or insurance

(c) The operator shall receive written notice of suspension specifying the effective date, suspension duration, and procedures for reinstatement.

(d) Upon completion of the suspension period, the operator's license shall be automatically reinstated upon payment of a reinstatement fee of RD 1,500 to DINATRAN. Failure to pay reinstatement fees does not extend the suspension period but prevents reinstatement until payment is made.

Section 3.02 Second Accident: Extended Suspension, Financial Penalty, and License Review

(a) Any operator with one prior accident suspension within the preceding five years who is determined to be at fault in a second accident shall face the following consequences:

One year license suspension from the date of fault determination Financial penalty of RD 50,000 payable to DINATRAN within thirty days of notification Mandatory driver safety and liability education course lasting minimum eight hours, completed before reinstatement Notice of extended suspension and penalties issued by DINATRAN within ten business days of fault determination

(b) The safety education course shall include instruction on the costs of infrastructure damage, operator liability under law, safe driving practices, and the consequences of repeated violations.

(c) Upon completion of the one year suspension period, the operator must present proof of completion of the mandatory safety course to DINATRAN before reinstatement is authorized.

(d) Reinstatement after second accident suspension requires payment of the RD 50,000 penalty plus a reinstatement fee of RD 2,500.

(e) Failure to pay the penalty within thirty days shall result in extension of the license suspension until full payment is received.

Section 3.03 Third Accident: Permanent License Revocation and Criminal Penalties

(a) Any operator with two prior accident suspensions within the preceding ten years who is determined to be at fault in a third accident shall face the following consequences:

Permanent revocation of driving privileges with prohibition on relicensing for a minimum of ten years Financial penalty of RD 100,000 payable to DINATRAN within thirty days of notification Criminal prosecution for reckless endangerment resulting in property damage Imprisonment of six months for the criminal offense, subject to court determination Mandatory restitution to property owners and utilities for documented damage costs Operating a motor vehicle after permanent revocation constitutes a felony offense subject to vehicle impoundment and additional criminal penalties

(b) The permanent revocation order shall be entered into the national traffic database and communicated to insurance companies, vehicle rental agencies, and law enforcement nationwide.

(c) After ten years of suspension from permanent revocation, the operator may petition the courts for reinstatement of driving privileges, with reinstatement not guaranteed and requiring demonstration of rehabilitation and safe driving commitment.

(d) Criminal prosecution under this section shall be conducted by the Dominican National Prosecutor's Office with violations carrying mandatory minimum sentences established by criminal statute.

TITLE IV: FAULT DETERMINATION PROCEDURES

Section 4.01 Police Investigation and Initial Determination

(a) Dominican National Police shall respond to all reported accidents involving infrastructure damage and document the following information:

Complete identification of all involved parties
Detailed description of accident circumstances
Photos or video documentation of damage and accident scene
Traffic law violations observed or reported
Witness statements and contact information
Preliminary fault assessment based on physical evidence and witness testimony
Recommendation for citation or further investigation

(b) The police accident report shall be completed within five business days of the accident and provided to all involved parties and insurance companies.

(c) The police report shall include a preliminary fault determination with specific findings regarding whether the operator's negligence or traffic law violation caused the accident.

Section 4.02 Insurance Claim Adjudication

(a) Insurance claims arising from accident damage shall be processed according to Dominican insurance law and the operator's policy terms.

(b) Insurance adjusters shall document fault findings in writing and provide copies to all parties and to DINATRAN within ten business days of claim closure.

(c) If insurance adjudication determines the operator at fault, the finding shall trigger the tiered penalties established in Title III of this Act.

(d) If insurance adjudication determines the operator not at fault or assigns comparative fault, the penalty consequences shall be adjusted proportionally, with the percentage of assigned fault determining whether penalties apply.

Section 4.03 Civil Court Proceedings

(a) Property owners and utilities may pursue civil liability claims in Dominican courts to recover documented damage costs.

(b) Court judgments assigning fault to the operator shall be communicated by the court to DINATRAN within ten business days and shall trigger the applicable tiered penalties.

(c) Operators against whom civil judgments are entered may be subject to wage garnishment, asset seizure, or other collection remedies authorized by Dominican law.

Section 4.04 Operator Right to Challenge Fault Determination

(a) Any operator may challenge a fault determination within thirty days of receiving notice by requesting an administrative hearing before an independent traffic safety examiner.

(b) The hearing shall allow the operator to present evidence, witness testimony, and expert analysis regarding the accident circumstances and responsibility assignment.

(c) The examiner shall issue a written decision within fifteen days of the hearing, with findings and conclusions regarding fault.

(d) If the examiner's decision contradicts the original fault determination, the penalties shall be adjusted or canceled accordingly.

(e) Either party may appeal the examiner's decision to the Director of DINATRAN within fifteen days.

(f) The Director shall issue a final administrative decision within twenty days of receiving the appeal.

TITLE V: CIVIL LIABILITY AND PROPERTY OWNER RECOVERY

Section 5.01 Operator Liability for Infrastructure Damage

(a) Any operator determined at fault for accident damage is legally liable for all documented costs to repair or replace damaged infrastructure, including:

Direct repair or replacement costs
Cost of emergency response and removal of damaged infrastructure
Service interruption losses for utilities
Administrative costs of managing repairs and restoration
Professional assessment and inspection fees

(b) Liability applies regardless of whether insurance coverage is available or adequate, with liability falling first to the operator and secondarily to vehicle owners if the operator cannot satisfy judgments.

Section 5.02 Utility Recovery Rights

(a) Utilities including EDENORTE, CAASD (water), and telecommunications providers shall have the right to pursue direct civil recovery from operators whose vehicles damage infrastructure.

(b) Utilities may recover not only direct repair costs but also documented service interruption losses, including:

Revenue lost during service outages
Emergency personnel costs
Customer compensation for service disruption
Administrative costs of claims processing and recovery

(c) Utilities shall provide detailed documentation of all costs to the operator and DINATRAN within thirty days of accident notification.

(d) If the operator does not pay the documented costs within sixty days, the utility may pursue civil judgment and garnishment of wages or assets.

Section 5.03 Property Owner Recovery

(a) Private property owners whose buildings, fences, walls, or other structures are damaged in accidents have the right to pursue civil recovery from at-fault operators.

(b) Property owners may recover all documented repair costs plus reasonable attorney fees and court costs if civil judgment is obtained.

(c) Insurance coverage shall be primary recovery source if available, with the operator liable for any costs exceeding insurance coverage limits.

**Section 5.04 License Suspension Pending Payment

(a) If an operator is determined at fault but does not pay documented damage costs within ninety days, DINATRAN shall extend the operator's license suspension by an additional sixty days per thirty days of nonpayment.

(b) For example, if an operator owes RD 500,000 in documented damages and refuses to pay, DINATRAN shall extend suspension an additional sixty days every thirty days of nonpayment.

(c) The operator's license shall not be reinstated until documented damage costs are paid in full or a payment plan is established with the creditor.

TITLE VI: OPERATING RECORD TRACKING AND ADMINISTRATIVE PROCEDURES

**Section 6.01 National Traffic Database

(a) DINATRAN shall maintain a national traffic database including the operating record of every licensed operator in the Dominican Republic.

(b) Each operating record shall include:

Complete personal identification information
License status (active, suspended, revoked)
Date and nature of all traffic violations
Date and circumstances of all accidents and fault determinations
License suspensions and revocation dates and reasons
All mandatory safety course completions
Payment status on penalties and fines

Law enforcement officers for traffic stops and investigations
Insurance companies for policy underwriting and claims
Motor vehicle rental agencies for rental decisions
DINATRAN administrative staff
The operator, who may request their own record at any time

(d) Operating records shall be maintained indefinitely, with no automatic deletion of historical data.

Section 6.02 Notification and Administrative Procedures

(a) DINATRAN shall issue all suspension, revocation, and penalty notices in writing to the operator's last known address by certified mail.

(b) Notices shall specify:

The accident date and circumstances
The fault determination and supporting documentation
The penalty consequence (suspension duration, fines, educational requirements)
The effective date of suspension
Instructions for payment, appeal, or reinstatement
The operator's right to request an administrative hearing

(d) All notices shall be in Spanish with English translation available upon request.

Section 6.03 Reinstatement Procedures

(a) Upon completion of a suspension period, the operator may request reinstatement by:

Submitting a reinstatement application to DINATRAN
Paying all applicable reinstatement fees and outstanding penalties
Providing proof of completion of any required safety courses
Providing proof of payment of documented damage costs or execution of payment plan

(b) DINATRAN shall process reinstatement applications within five business days of receipt of complete documentation.

(c) Reinstatement shall be denied if the operator has outstanding penalties, unpaid damage costs, or incomplete safety course requirements.

(d) Reinstatement fees shall be collected by DINATRAN and deposited into the Traffic Safety Infrastructure Fund established in Title VII.

Section 6.04 Interstate and International Driver Reciprocity

(a) Dominican license suspensions and revocations shall be communicated to the International Road Safety Organization database and to Central American traffic authorities.

(b) Operators with suspended or revoked Dominican licenses shall not be permitted to legally operate vehicles in neighboring countries without written authorization from the Dominican Minister of Transportation.

(c) Similarly, operators with suspended or revoked licenses in neighboring countries shall face reciprocal enforcement of suspension in the Dominican Republic.

TITLE VII: TRAFFIC SAFETY INFRASTRUCTURE FUND

Section 7.01 Establishment of Traffic Safety Infrastructure Fund

(a) The Traffic Safety Infrastructure Fund is hereby established as a dedicated revenue account within the Ministry of Transportation, separate from general revenue appropriations.

(b) All revenue collected through reinstatement fees and penalties under this Act shall be deposited into this Fund.

(c) Fund management shall be audited annually by the Dominican Republic's Comptroller General with results published in the official gazette.

Section 7.02 Revenue Allocation

All revenues in the Traffic Safety Infrastructure Fund shall be allocated as follows:

(a) Traffic Safety Administration: 15 percent

DINATRAN staffing and technology
Operating record database maintenance
Accident investigation and documentation

(b) Emergency Response and Recovery: 20 percent

Emergency removal of damaged infrastructure
Rapid restoration of critical services
Community support for service disruption victims

Repairs and replacement of damaged electrical infrastructure
Water system restoration and hardening
Telecommunications infrastructure repair
Road and transportation infrastructure improvements

(d) Driver Education and Prevention: 15 percent

Mandatory safety course development and delivery
Public awareness campaigns on infrastructure damage costs
Driver education and skill development programs
Community road safety initiatives

TITLE VIII: CRIMINAL PENALTIES AND ENFORCEMENT

Section 8.01 Operating While License Suspended or Revoked

(a) Any person who operates a motor vehicle while their license is suspended or revoked shall be subject to the following criminal penalties:

Fine of RD 25,000 to RD 50,000
Imprisonment of thirty days to six months
Vehicle impoundment for minimum thirty days
Additional license suspension of one year upon conviction
Permanent record entry as a traffic safety violation

(b) A second conviction within five years shall result in:

Fine of RD 50,000 to RD 100,000
Imprisonment of three to twelve months
Vehicle forfeiture to the Dominican Republic
License revocation for minimum five years

Section 8.02 Reckless Operation Causing Infrastructure Damage

(a) Any person who operates a motor vehicle recklessly with conscious disregard for public safety and causes damage to critical infrastructure shall be subject to:

Fine of RD 100,000 to RD 250,000
Imprisonment of six months to two years
License revocation for minimum five years
Vehicle impoundment and possible forfeiture
Mandatory restitution for all documented damage costs

(b) "Reckless operation" includes but is not limited to:

Operating at speeds substantially exceeding legal limits
Operating under the influence of alcohol or drugs
Operating while texting or using cell phone
Intentional disregard of traffic signals or road conditions
Operating with known mechanical defects

Section 8.03 Failure to Pay Penalties or Damage Costs

(a) Any operator who fails to pay court-ordered penalties, safety course fines, or damage restitution within the established timeframe shall be subject to:

Additional fine of RD 500 per day of delinquency
Extension of license suspension
Possible wage or asset garnishment
Criminal prosecution for contempt if court order exists

(b) After one hundred eighty days of nonpayment, the operator's name may be published in local media as delinquent on traffic safety obligations, at DINATRAN discretion.

TITLE IX: SPECIAL PROVISIONS FOR REPEATED VIOLATORS

Section 9.01 Habitual Traffic Offender Designation

(a) Any operator with three or more license suspensions within ten years, or with one permanent revocation, shall be designated as a "Habitual Traffic Offender."

(b) Habitual Traffic Offenders shall be subject to:

Enhanced penalties for any future traffic violations
Prohibition from operating commercial vehicles
Required submission to annual traffic safety evaluation
Mandatory participation in advanced driver education programs
Possible vehicle seizure for subsequent violations

Section 9.02 Mandatory Driver Safety Programs

(a) All operators who have received license suspension or penalty under this Act shall be required to complete a DINATRAN-approved driver safety and liability education program.

(b) The safety program shall include minimum eight hours of instruction covering:

Traffic law and safe operation requirements
The costs and consequences of infrastructure damage
Impact on utilities and community services
Liability and financial responsibility
Insurance and recovery mechanisms
Safe driving techniques and risk mitigation

TITLE X: UTILITY AND PROPERTY OWNER PROTECTIONS

Section 10.01 Infrastructure Protection Standards

(a) The Dominican Republic acknowledges that critical infrastructure including electrical, water, and telecommunications systems must be protected from preventable damage.

(b) This Act recognizes the significant public interest in maintaining continuity of utility services and rapid restoration when accidents occur.

(c) All utilities shall implement reasonable protective measures including signage, barrier installation, and public awareness regarding infrastructure protection.

(d) However, the primary responsibility for accident prevention rests with motor vehicle operators who must exercise reasonable care and attention while operating vehicles near infrastructure.

Section 10.02 Utility Reporting Requirements

(a) Utilities suffering infrastructure damage from motor vehicle accidents shall report the incident to DINATRAN within five business days.

(b) The report shall include:

Accident date, time, and location
Identification of at-fault operator if known
Detailed description of infrastructure damage
Estimated cost of repairs
Service disruption duration and customer impact
Documentation of all recovery attempts

(c) DINATRAN shall use utility reports to identify patterns of damage and implement targeted traffic safety initiatives in high-incident areas.

TITLE XI: COORDINATION WITH EXISTING TRAFFIC LAW

Section 11.01 Consistency with Dominican Traffic Code

(a) This Act shall be interpreted consistent with the Dominican Traffic Code and all existing motor vehicle laws and regulations.

(b) Penalties established in this Act are in addition to any other penalties that may be imposed under the Dominican Traffic Code for related violations such as speeding, reckless operation, or operating under the influence.

(d) License suspensions imposed under this Act shall run concurrently with any other license suspensions imposed by DINATRAN under traffic law.

Section 11.02 Insurance Coordination

(a) This Act does not reduce the requirement for motor vehicle operators to maintain insurance coverage as required by Dominican law.

(b) Insurance coverage shall be the primary mechanism for recovery of infrastructure damage costs, with operator liability filling any gaps between insurance coverage and actual damages.

(c) Insurance companies shall cooperate with DINATRAN in providing fault determinations and claims information supporting penalty assessments.

TITLE XII: SEVERABILITY, EFFECTIVE DATE, AND AMENDMENTS

Section 12.01 Severability

If any provision of this Act is found to be unconstitutional or otherwise invalid by the Dominican Constitutional Court or Supreme Court, such provision shall be severed, and all other provisions shall remain in full force and effect.

Section 12.02 Effective Date

This Act shall take effect upon enactment and signature by the President. DINATRAN shall begin implementation procedures within thirty days of enactment. All provisions regarding license suspension, penalties, and the tiered liability system shall be effective sixty days after enactment, allowing time for public notification and driver education.

Section 12.03 Transition Procedures

(a) DINATRAN shall conduct a public awareness campaign during the sixty day transition period informing drivers of the new accident liability system.

(b) Accidents occurring during the transition period shall be subject to the provisions of this Act upon the effective date.

Section 12.04 Future Amendments

This Act may be amended only by legislative action. Amendments related to the tiered penalty system, suspension durations, or financial penalties require approval by the Senate Committee on Public Safety and Transportation and must be subject to a public comment period of no less than thirty days before implementation.

Section 12.05 Review and Reporting

(a) DINATRAN shall conduct a comprehensive review of the Act's effectiveness eighteen months after enactment.

(b) The review shall assess:

Number of accidents and infrastructure damage incidents
Effectiveness of tiered penalties in reducing repeat violations
Revenue collected and allocation to infrastructure repair
Utility recovery success rates
Public perception and driving behavior changes
Need for adjustments to penalty structures or procedures