The Law Today

Law No. 21.377 modifies the Traffic Law and increases the penalty for the use of mobile phones or any other electronic or digital device while driving a motor vehicle.

19 Oct 2021

Introduction

On October 12, 2021, Law No. 21.377 was published in the Official Gazette amending the Traffic Law and increasing the penalty for the use of mobile phones or any other electronic or digital device while driving a motor vehicle.

The Law introduces a single article of the following tenor to the Traffic Law:

Article 199, N°:5.- “Driving a vehicle while manipulating a mobile telephone device or any other electronic or digital device, which is not incorporated in it from the factory, except if the action is carried out through a hands-free system, in accordance with the specifications determined by the regulation”.

It should be noted that article 199 lists very serious infractions or contraventions with respect to the Traffic Law.

The conducts classified as very serious infractions may be sanctioned with a fine of between 1.5 to 3 UTM, which may be doubled in case of recurrence within the last 3 years. Notwithstanding the above, a driver’s license suspension of between 5 to 45 days may be imposed and, in case of recurrence within the last 12 months, a suspension of between 45 and 90 days may be imposed.

In case of recurrence of very serious misconduct 3 or more times in the last 12 months, the judge may order the cancellation of the driver’s license of the offender.

Contact

Should you require additional information on this matter, please contact Jorge Tisné (jtisne@jdf.cl).

JDF