(S. B. 1452)
(No. 43-2012)
(Approved February 29, 2012)
AN ACT
To
amend subsection (d) of Section 3.05 of Act No. 22 of January 7, 2000,
as amended, known as the “Puerto Rico Vehicle and Traffic Act,” for the
purpose of establishing that any person other than a resident of Puerto Rico
and who is duly authorized by law to operate motor vehicles in any State or
territory of the United States where the requirements to obtain a driver’s
license are substantially similar to those established in this Act, and holds
and carries an authorized and valid license from said State or territory, may
obtain a driver’s license only by paying the corresponding fees and
surrendering any other license that he/she may hold.
STATEMENT OF MOTIVES
At present, the provisions of the “Vehicle and Traffic Act” require the
Secretary of Transportation and Public Works to enter into reciprocity agreements
with any State or territory of the United States of America or with any foreign
country whose requirements to issue a driver’s license are substantially similar to
those established by law. The aforementioned Act grants Puerto Rico non-residents
interested in obtaining a new driver’s license a one hundred twenty (120)-day
exemption after their arrival in the Island. This exemption allows the Secretary to
issue a driver’s license based on the reciprocity agreements entered into with the
individual’s country, state, or territory of origin. These reciprocity relations are
classified into three categories, to wit: Full Reciprocity, in which those holding a
valid license are not required to take any test, but if their license is expired they
must take both tests but do not have to wait for the required thirty (30)-day period
to elapse. Under this category are the states of Florida, Illinois, South Dakota,
Tennessee, Wisconsin, Maine, and the country of Germany. The second category is
Partial Reciprocity, in which those holding a valid license must only take the
written test and will have a license issued under the same category as the previous
one. If the license of their state or country of origin has expired, they must take
both tests but do not have to wait for the thirty (30)-day period to elapse. Under
this category are the states of Alabama, Alaska, Arkansas, Arizona, California,
Colorado, Connecticut, Delaware, Georgia, Idaho, Indiana, Iowa, Kansas,
Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi,
Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New
Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania,
South Carolina, Texas, Utah, Vermont, Virginia, West Virginia, Wyoming, and
Washington D.C. The last category is No Reciprocity, in which, even if they hold
a valid license, individuals must take both the written and the driving tests. Under
this category are the states of Hawaii, Oklahoma, Rhode Island, and Washington.
The reason for keeping the license of the Puerto Rico non-resident is to prevent a
person from holding more than one license at a time.
Throughout the years, Puerto Rico as well as the different state jurisdictions
of the United States with which we maintain reciprocity agreements have modified
and expedited their driver’s licenses issuing processes to render them simpler.
A large majority of the States that share this reciprocity with Puerto Rico, at
present, do not have the same requirements as the Department of Transportation
and Public Works at the time of issuing a new driver’s license to replace a license
issued in a non-resident’s place of origin.
Benefitting from technological advances, these states have avoided
overloading government bodies issuing driver’s licenses with people’s every day
activities. Many of the states that share Full, Partial, or No Reciprocity only require
individuals—other than the state’s residents—interested in obtaining a driver’s
license to pay the corresponding service fees, to surrender any other license they
may hold and to provide proof of identity. For example, the state of New York
allows citizens, other than New York residents, who have no intention of staying to
use the driver’s license issued in their state of origin without a time restriction
insofar as they are at least sixteen (16) years old. If a person chooses to become a
New York resident, he/she shall have thirty (30) days to apply for a license in the
State of New York and surrender the license issued in his/her state of origin,
as well as to provide proof of identity and his/her social security card. Unlike
Puerto Rico, New York has no limitations as to reciprocity agreements with a state
or territory of origin; these requirements are identical for all states and territories of
the United States and even Canada. In the case of California, individuals may
continue to use a driver’s license issued in their state of origin until it expires.
If a person chooses to become a resident of the State, he/she must replace his/her
license with a California license, but does not have to take the written test as
required in Puerto Rico to U.S. citizens originating from California under the
Partial Reciprocity agreement entered into by Puerto Rico and such state. Texas is
another state with which Puerto Rico has entered into a Partial Reciprocity
agreement. Texas requires U.S. citizens, other than Texas residents, who are
interested in applying for a driver’s license, to provide proof of identity, a copy of
their Social Security card, pay for the required document, pass a vision test, and
surrender the license issued in their state of origin; however, it does not require
applicants to take the written or the driving test. Moreover, the State of Oregon,
which has also entered into a Partial Reciprocity agreement with Puerto Rico, only
requires non-residents to provide evidence of their new residence, an identification,
and to surrender the driver’s license issued in their state of origin.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF PUERTO RICO:
Section 1.- Subsection (d) of Section 3.05 of Act No. 22 of January 7, 2000,
as amended, is hereby amended to read as follows:
“(a)
…
(b)
…
(d)
Members of the United States Armed Forces who have been assigned
to serve in Puerto Rico but who do not have permanent residence in Puerto Rico,
as well as his/her spouse and children over sixteen (16) years of age, should they
hold a valid motor vehicle driver’s license issued by a competent authority in any
state or territory of the United States, in any foreign country or place where said
person enlisted in the Armed Forces, with which a reciprocity agreement has been
entered into.
If a non-resident individual, included in subsection (b) of this Section, holds
a driver’s license from a state or territory, except for learner’s permit, motorcycle
endorsement, and heavy commercial driver’s license, and those jurisdictions that
do not require a vision test to issue a driver’s license, he/she may obtain a driver’s
license without meeting any other requirement, but to pay the corresponding fees,
show proof of citizenship or lawful presence, and surrender any other driver’s
license he/she may hold.
If a non-resident individual, included in subsection (b) of this Section, holds
a driver’s license from a country with which a reciprocity agreement has been
entered into, he/she shall obtain a driver’s license after meeting the requirements
and conditions established through regulations authorized by the Secretary.”
Section 2.- The Secretary shall promulgate the necessary regulations to
achieve the purposes of this Act within one hundred eighty (180) days after its
approval.
Section 3.- Effectiveness.
This Act shall take effect immediately after its approval.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 43-2012 (S. B. 1452)
of the 7th Regular Session of the 16th Legislative Assembly of Puerto Rico:
AN ACT
to amend subsection (d) of Section 3.05 of Act No. 22 of January 7, 2000,
as amended, known as the “Puerto Rico Vehicle and Traffic Act,” for the
purpose of establishing that any person other than a resident of Puerto
Rico and who is duly authorized by law to operate motor vehicles in any
State or territory of the United States where the requirements to obtain a
driver’s license are substantially similar to those established in this Act,
and holds and carries an authorized and valid license from said State or
territory, may obtain a driver’s license only by paying the corresponding
fees and surrendering any other license that he/she may hold.
has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, on this 20th day of November, 2014.
Juan Luis Martínez Martínez
Acting Director