JURISDICTION: PUERTO RICO

This chapter summarizes the Commonwealth of Puerto Rico statutes related to speed.

General Reference: Laws of Puerto Rico Annotated Current through the 1991 sessions of the Puerto Rico Legislature.

Basis for a Speed Law Violation:

Basic Speed Rule: The speed of a motor vehicle shall be regulated with due care, taking into account the width, volume of traffic, use, and condition of the public highway. Title 9, §841(a)

Statutory Speed Limit: 45 MPH in a rural zone Title 9, §841(b)(2)

See Other below. 25 MPH in an urban zone Title 9, §841(b)(1)

25 MPH in a school zone⁽¹⁾ Title 9, §841(b)(3)

Posted (Maximum) Speed Limit: Based on traffic-engineering research, the Commonwealth or local authorities, on highways under their jurisdiction, may increase or decrease the maximum speed limits.⁽²⁾ Title 9, §843

Minimum Speed Limit: A person shall not drive a vehicle so slowly as to hinder or obstruct the normal and reasonable flow of traffic. Title 9, §842 (¶1)

Posted (Minimum) Speed Limit: Based on traffic-engineering research, the Commonwealth or local authorities may establish a minimum speed limit on a highway. Title 9, §842 (¶2)

Other: I. Heavy vehicles and buses (including school buses) cannot be driven >40 MPH. Title 9, §841(b)(2)

II. Vehicles carrying either toxic materials or dangerous substances cannot be driven either >30 MPH in a rural zone or >25 MPH in an urban zone. Title 9, §841(b)(4)

III. A vehicle, that is equipped with solid or massy tires, cannot be driven >10 MPH. Title 9, §845

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. Title 9, §1221(a)

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): 1st offense-Not more than 10 days 2nd offense (within 1 year)-Not more than 20 days Subsequent offense (within 1 year)-Not more than 6 months Title 9, §1221(b)

Mandatory Minimum Term: None

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Fine:

Amount ($ Range): 1st offense-Not more than $100 2nd offense (within 1 year)-Not more than $200 Subsequent offense (within 1 year)-Not more than $500 Title 9, §1221(b)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School:

Other:

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System⁽³⁾ Title 9, §§691(a)(3) & 694

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 1 year Title 9, §691(c)

Mandatory Minimum Term of

Withdrawal: Limited⁽⁴⁾

Miscellaneous Sanctions

Not Included Elsewhere:

Other Criminal Actions Related to Speeding:

Racing on Highway: Misdemeanor Title 9, §§1221(a) & 847

Sanctions:

Criminal Sanction:

Imprisonment (Term): 1st offense-None 2nd offense-Not more than 10 days Subsequent offense-Not more than 30 days Title 9, §847(b)

Mandatory Minimum Term: None

Fine ($ Range): 1st offense-$50 to $300 2nd offense-$100 to $400 Subsequent offense-$200 to $500 Title 9, §847(b)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension Title 9, §847(b)

Length of Term of

Licensing Withdrawal: 1st offense-1 to 6 months Subsequent offense-1 year Title 9, §847(b)

Other Criminal Actions Related to Speeding:

(continued)

Racing on Highway: (continued)

Mandatory Action--Minimum

Length of License

Withdrawal: 1st offense-1 month Subsequent offense-1 year Title 9, §847(b) Note: These suspensions appear to be mandatory.

Other:

Reckless Driving: Misdemeanor Title 9, §§1221(a) & 871

Sanction:

Criminal:

Imprisonment (Term): 1 to 6 months Title 9, §871(a)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): $100 to $500 Title 9, §871(a)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): 1st offense-Suspension via Point System³ Title 9, §§691(a)(3) & 694 Subsequent offense-Revocation Title 9, §871(b)

Length of Term of License

Withdrawal Action: 1st offense-1 month to 1 year via Point System³ Title 9, §§691(a)(3) & 694 2nd offense-3 months Subsequent offense-6 months Title 9, §871(b)

Mandatory Term of License

Withdrawal Action: 1st offense-Limited via Point System⁴ Title 9, §§691(a)(3) & 694 2nd offense-3 months Subsequent offense-6 months Title 9, §871(b) Note: The revocations appear to be mandatory.

Other:

1. ¹A school zone is in operation from 6:00 A.M. to 6:00 P.M. or at other times as identified by appropriate signs. Title 9, §841(b)(3)

2. ²"[D]ifferent limits may be established for diverse hours, distinct types of vehicles, different weather conditions and other factors pertinent to a safe speed." Title 9, §843

3. ³Point System. I. If an offender accumulates 25 points, their license is suspended from 1 month to 1 year. Title 9, §694(f) II. The following points have been assigned to speeding and speed related violations: Reckless (gross negligent) driving-3 to 9 points; racing-3 to 8 points; excessive speeding-3 to 7 points; and, slow speed-1 to 2 points. Title 9, §694(a)(1), (2), (3) & (16)

4. ⁴The licensing agency is not required to suspend an offender's license, if the offender demonstrates that a license is needed for employment purposes. Such suspension is rendered "ineffective" for 6 months. However, if during this period, the offender commits another violation for which they accumulate points, they are subject to a mandatory license suspended for the original suspension period. Title 9, §694(i)