Rico’s Q — On the Ruta 27, the signs are clear toslow down when approaching toll booths and wait for the toll gate to open before crossing. Haven’t seen them? I am sure they are there.
In any event, what happens if the toll gate crashes into your car?
A user of Route 27 expressed his annoyance to Telenoticias (Channel 7 news), saying that the toll gate closed, crashing on his car, and breaking the windshield when he was going through one of the toll booths.
– Advertisement –
The driver says that the concessionaire, GlobalVia does not want to be held responsible for the damage.
Question on the matter, Globalvía explained to Telenoticias the reasons why they will not be held responsible:
“Mr. Dennis Beita Quesada was traveling with his vehicle on November 24, at 3:30 p.m., at the toll booth in the direction of Escazú – San José, when he went through (with) the Quick Pass,” as the official position of Globalvia.
However, according to Beita’s recollection, a motorcycle was in front of him, it passed and then he passed, it was then that the toll gate came down and damaged the vehicle.
“We denounced this case and requested the support of the competent authorities for these issues … the company only washes its hands in these cases and does not take responsibility,” Beita explained to Telenoticias.
This is not an isolated case. Many a driver will take advantage of an open toll gate, not necessarily not to pay the toll, but not taking heed that the system is an automatic one, the toll gate dropping below the vehicle’s clearance before it reopens again.
– Advertisement –
I have several friends, yes plural, who have done this. Maybe thinking that the toll gate will remain open after the vehicle ahead has passed or that the toll gate should instantly open when it detects the Quick Pass.
For this, if you haven’t noticed, the Quick Pass does not emit a ton on the Ruta 27 tolls. The device will emit a tone at parking lots, for example and the tolls on the Ruta 1 (airport and Naranjo tolls), but not on the Ruta 27.
According to the concessionaire, they eliminated the tone because many drivers would hear it and speed through the tolls. However, the toll gates are not that fast, don’t open instantly, or sufficient to clear the vehicle windshield.
The concessionaire must be held responsible
Christopher Rojas, a lawyer specializing in procedural and corporate law, told Telenoticias, that, in these cases, the concessionaire does have responsibility and must pay the damages that affect the users who did pay their toll.
– Advertisement –
“The concessionaire, in this case Autopistas del Sol (GlobalVia), has a contractual responsibility with the users who pay to use the road infrastructure, which includes guaranteeing safety during transit through its facilities. This implies that the concessionaire must foresee and mitigate risks that may affect drivers who comply with their obligations, such as paying the toll,” Rojas explained.
Since these are foreseeable incidents, the lawyer added that they must be prevented by the person in charge of the toll, precisely to prevent evaders from failing to pay the toll again and to prevent more and more responsible drivers from being affected.
“The fact that a barrier falls due to the evasion of another user does not exempt the concessionaire from its obligation. These types of incidents are foreseeable and, therefore, must be prevented by appropriate measures, such as systems that differentiate between evaders and legitimate users, or mechanisms that prevent the barrier from hitting those who have paid,” said the lawyer from the firm BGA ABOGADOS.
In reality
Given that the incident is not considered a traffic accident The recourse is against the concessionaire with the Aresep, the regulator of public services. But this is not advisable given the time the government authority will take to respond to a claim and not guarantee it will be in your favor.
That would leave the action of a civil suit and its costs.
Or, slow down, and wait for the toll gate to lift enough to clear your vehicle.
– Advertisement –
Source link
Rico
