Is there a legal way to avoid paying tolls in Colombia?

A video of a driver asking not to pay a toll on a Colombian road went viral and has given much to talk about.

(See: Leases, tolls and the UVR, at increase due to the effect of inflation).

The moment was recorded by the driver himself and occurred on a highway in the department of Tolima (The protagonist mentions that he is traveling by road to Espinal, a Tolimense municipality).

WHAT HAPPENED?

The recording begins when a police officer approaches the vehicle in which the driver is. The car, as seen in the images, is parked in full toll.

“ I have been in this traffic jam for more than half an hour (…) Decree 071 of 2008 says that after five minutes of being stuck, you must lift the toll gates until the flow is normalized (…) I don’t want to pay the toll, so please lift the gate. It’s not fair”, explained the driver to the uniformed officer.

The policeman replies that it must be “ Aware that we are in a time when a lot of vehicles move and you, with your attitude, are creating more traffic jams “.

The driver insists that the Decree be applied, “so that the flow is normalized“, and they exchange a couple more comments.

(See: Announce the installation of more tolls in the country).

After a few seconds, in which the uniformed man walks away and talks with a colleague, they lift the toll fence from the driver and he leaves.

“ Like nobody talks. People it’s sheep, people are like fools: simply, paying money. Politely, without the need to fight, they can do this, with laws “, concludes the man after passing without canceling the toll fee.

But, is it real that there is that Decree to which you appealed and what does it say specifically?

THE DECREE

Portfolio was given the task of searching that Decree and what he found was the following:

There is a Decree 071, of the Ministry of Transportation, but which was signed (by Andrés Uriel Gallego Henao, the then head of that portfolio) and issued on January 8, 2009, not 2008.

(See: These are the main complaints about the The tolls in Colombia).

In effect, article 3 of that document says: “… the Directorate of Transit and Transportation of the National Police is empowered to comply with the ministerial directive to lift the barrier ( talanquera) at the toll stations managed by the concessions and/or the National Institute of Roads (Invías), and allow the passage of vehicles when the number of these generates damming, as stipulated in the contractual obligations and reiterated in the official letter MT- 4562-1 65536 of December 19, 2006, requiring the presence of the auditors“.

However, at the beginning of the Decree it is commented: “ Temporary measures are adopted in matters of vehicles destined for the service cargo transport in some road sections “.

In a letter dated May 7, 2009, and signed by Antonio José Serrano Martínez, who presented himself in the letter as head of the legal advisory office of the Ministry of Transportation, was replied to Juan Martín Caicedo Ferrer, who was and continues to be the executive president of the Colombian Chamber of Infrastructure ( CCI), a query made on, among other issues, Decree 071.

(See: Ten companies are interested in managing Invías tolls

).

The letter insists that the Ministry of Transportation “ adopted some transitory measures in the matter of vehicular traffic in some road corridors of the country, duly substantiated, motivated and justified“.

And then added: ” are legal administrative acts (including 071), which were in force at the time, that is, 11 and January 12 of the current year (2009) and for the Easter holiday season (from April 6 to 12 of this year – 2009 – )“.

Here you can download both Decree 071 and the letter from the Transport Ministry to the CCI.