Colombia Transit Violation: Jail Time Risk | Drivers Beware

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Driving in Colombia comes with responsibilities, as outlined in the National
Land Transit Code (Law 769 of 2002). Violating these regulations can lead to
severe consequences, including imprisonment.

Operating a vehicle with a suspended or canceled license is a especially
serious offense. Article 26 of the National Land Transit Code specifies
grounds for both suspension and cancellation of driving privileges.

License Suspension and Cancellation

Here’s a breakdown of the reasons for each:

Reasons for license suspension:

1. traffic authorities may suspend a license due to temporary physical or
   mental impairment, as confirmed by a medical certificate or aptitude
   examination from a certified driver recognition centre.

2. by judicial decision.

3. driving under the influence of alcohol or hallucinogenic drugs, as
   resolute by the competent authority according to article 152 of this
   Code.

Reasons for license cancellation:

1. Traffic authorities may cancel a license due to permanent physical or
   mental impairment, supported by a medical certificate or motor
   coordination exam from an enabled driver recognition center.

2. By judicial decision.
3. upon the death of the license holder.

4. Repeat offenses of driving under the influence of alcohol or hallucinogenic
   drugs.

5. Repeat offenses of providing public transport service with private vehicles
   without justification.

6. Using a suspended driving license.

7. Obtaining a driving license fraudulently, without prejudice to criminal
   actions.

Jail Time for Driving with a Suspended or canceled License

Operating a vehicle with a suspended or canceled license can lead to charges
of fraud against a judicial resolution. This offense carries both financial
penalties and the possibility of imprisonment.

“Therefore, it is up to the Judges of the Republic to establish the
commission of said crime through a judicial process of that nature.”

according to the Ministry of Transportation, if a transit agent discovers a
driver with a suspended license, they are obligated to report it to the
authorities.

The officer will then initiate due process for the alleged crime of fraud in
judicial resolution, as outlined in article 454 of the Colombian criminal
Code.

Article 454 of the Criminal Code specifies the penalty for “fraud to judicial
or administrative police resolution.”

According to the Criminal code, anyone who avoids complying with an obligation
imposed by a judicial or administrative police resolution “will incur prison
of one (1) to four (4) years and a fine of five (5) to fifty (50) current
legal monthly minimum wages.”