Haiti – Security : The Primature clarifies the measure concerning the tinted windows of vehicles
The Primature is duty-bound to provide clarifications on the press release #12 https://www.haitilibre.com/en/news-33154-haiti-flash-new-measures-against-insecurity.html relating to the measurement of safety concerning tinted windows of vehicles for the edification of the public and the press in particular.
The measure relating to tinted windows, specified in point 2 of the release, stipulates : “Temporary ban on tinted windows for all vehicles in circulation on the territory of the Republic, including for those of the National Police of Haiti (PNH) and the State Services (SE); with the exception of vehicles bearing Official registration plates (new yellow plate), diplomatic corps and consular corps.”
This measure falls within the scope of vehicle traffic which is regulated by the Highway Code.
Article 265, point 5, of the decree of June 1, 2005 published in the Special Le Moniteur #1 of May 26, 2006, constituting the Highway Code governing free movement on public roads and vehicle registration, grants :
The power to the officials and agents concerned of the various Traffic Services and Sections, to adopt, outside the prescriptions of the [highway] code, all measures deemed necessary taken in the interest of safety and public order.”
This is the case with the prohibition of traffic in all or part of the public highway, when it comes to taking useful and urgent measures to guarantee the convenience and safety of users of the public highway and to maintain public order (article 268 of the above-mentioned decree).
This measure does not imply the repeal, modification or suspension of a law. The press release only announces a measure aimed at guaranteeing security and public order in the fight against insecurity which increasingly worries the population. It is taken in accordance with the decree of June 1, 2005.
The Vehicle Tint Law (DTV), created by article 10 of the decree establishing the General Budget of the Republic, fiscal year 2020-2021, which amended article 154 of the decree of June 1, 2005 constituting the Highway Code, remains in force. In the meantime, the government appreciates the need to repeal or modify it and, if necessary, to consider any compensation for the damage that this could cause to the taxpayers concerned.
The Prime Minister takes advantage of this press release to stress that he remains attentive to the comments and recommendations raised by this measure. All the appropriate or necessary modifications as well as the administrative or regulatory acts to its application will be opted to ensure the safety of the population.