Decreto Regulamentar n.º 43/2002, de 04 de Outubro de 2002
Decreto Regulamentar n.º 43/2002 de 4 de Outubro O Decreto Regulamentar n.º 13/98, de 15 de Junho, veio regulamentar a matéria relativa à matrícula, chapas de matrícula e livretes para ciclomotores, motociclos de cilindrada não superior a 50 cm3 e veículos ligeiros, uma vez que, com a revisão do Código da Estrada, aprovada pelo Decreto-Lei n.º 2/98, de 3 de Janeiro, a competência para matricular motociclos de cilindrada não superior a 50 cm3 e veículos agrícolas transitou para as autarquias locais.
O n.º 2 do artigo 1.º do referido decreto regulamentar estabelece que a matrícula atribuída a motociclos com cilindrada não superior a 50 cm3 e a ciclomotores mantém-se mesmo que haja mudança de residência do proprietário para concelho diferente ou transferência de propriedade para indivíduo residente noutro concelho.
No entanto, o diploma não define nem esclarece qual é a entidade competente para proceder às alterações ocorridas na sequência da mudança de residência ou de transferência de propriedade, isto é, se a competência para tal é da câmara municipal que matriculou o veículo ou da câmara municipal da novaresidência.
Nestes termos, e tendo em conta que esta omissão tem originado situações em que as câmaras municipais envolvidas, por perfilharem entendimentos diferentes, se declaram incompetentes para a resolução destas questões, com os consequentes transtornos que daí advêm para os particulares, importa, por isso, esclarecer, por via legal, tal conflito negativo de competências.
Foi ouvida a Associação Nacional de Municípios...
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