There will be a new chapter in the dispute between the Municipality of Montevideo (IMM) and the driving academies if the new regulations-which were already described as “unconstitutional” and are said to infringe “free competition”.
There will be a new chapter in the dispute between the Municipality of Montevideo (IMM) and the driving academies if the new regulations-which were already described as “unconstitutional” and are said to infringe “free competition”.
The municipality intends to create an institute on road education so that all students receive the same practical and theoretical training.
“There is no quality control on academies. There is no guarantee that these institutions are aligned with the characteristics and standards we consider,” stated Hugo Bosca, Head of the Traffic and Transport Department of the IMM, to El Observador.
The IMM is now studying a decree draft, which article 12 prescribes that the candidate should take at least 25 lessons of not less than 60 minutes and not more than 120. These days, only 15 lessons are required. The IMM is the sole municipality that demands a minimum of lessons.
The legal counsel of the National Association of Instructors and Owners of Driving Schools (Andipec) responded to the IMM by stating that “the disposition lacks contents, it is hard to control it and does not necessarily contribute to a better road education” (it does consider the prior knowledge of the candidate at the start of the course) and just raises the price of the course.
The price per hour of instruction is of around $500; therefore, $7500 would become $12.500.
However, Álvaro Beloqui, president of Andipec, admitted that candidates “get to the test with little preparation,” but this is caused by the fact that the track in Estadio Centenario is only available from 4pm to 10pm to practice. “In those few hours there are up to 60 vehicles at the same time, which is extremely dangerous for us all,” he said. Moreover, the area is invaded by children who play football there.
The use of the track is still an unsolved concern. Academies submitted a list with 12 possibilities of practice spots before the IMM, but Bosca insisted that the municipality “does not have to publicly provide them with” the space.
IMM and driving academies have different data regarding the number of candidates who get the license on the first try. While the Transit director said to El Observador that only a 15% of candidates fail, instructors express that the rate raises to 85% and that the number of rejected candidates duplicated since the opening of the track in Estadio Centenario in April 2013.
Other Controversial Aspects
One of the most controversial aspects of the draft prepared by the IMM is, at Beloqui´s discretion, the new regime to become license holder of a service, which was private so far, but which is considered of “private interest”. This is supported by a new competence of the Traffic and Transport Division that consists on granting new licenses. “It prevents academies from entering into the market,” the instructor stated.
So far, driving schools are governed as teaching institutes under the scope of the Ministry of Culture and Education, as per Law 16.585 on Road Accidents Control and Prevention. Within this legal frame, municipalities are responsible for keeping a record and controlling the compliance with regulations.
“The IMM will now charge an authorization fee as it happens with taxis,” the president of Andipec expressed.
The draft does not mention an amount for the fee. Today, it costs around $300 to authorize a learning car. The legal counsel said to the municipality that “it is illogical that the Administration intends to get money from this authorization when this service does not represent any loss for them, but, on the contrary, it generates income”.
Furthermore, in article 15 of the draft, IMM reserves the right to set the maximum age permitted. According to the academies, “it does not make sense to ask small companies to buy new units” and neither to lower the age of cars permitted. Current regulations prescribes a maximum of 10 years of age.
Lea la nota en español aquí.