In addition, the Ombudsman recommended that the National Director of the PSP, in
coordination with EMEL, the Municipal Police and the Lisbon City Council, define a
procedure to ensure the immediate appearance of a police officer in the location where it
was signalized the especially dangerous illegal parking or parking with serious disturbance
to traffic. These recommendations have been implemented.
With regard to the complaint procedures relating to cases of road traffic offences, the
issues examined were related to the legibility of the information included in the respective
files.(32)
In another situation, the Ombudsman pointed out to the entity concerned – the
Northern Regional Directorate of Mobility and Transport – the reasonableness of
reserving daily a small number of tickets for priority attendance service cases (in the case
of motor disability), in order to avoid cases of refusal of attendance service due to lack of
tickets.
Taking into account the long held position of the Ombudsman(33), it was addressed a
remark to the target entity in order to comply with Technical Guideline 02/DGAP/2006
of 28 April 2006, which was issued following a previous position taken by the Ombudsman.
This State body also alerted IMT for two other situations: the need to, without exception, be guaranteed the response to the complaints presented in the respective book and
the convenience of remembering that, whenever possible, the administrative proceedings
should mention the identification of at least one witness who can testify on facts, in compliance with Article 170 (1) (a) of the Highway Code.
Registries and Notaries
There were 38 complaint opened procedures referring to several issues relating to registration. However, a special mention should be made to issues regarding the citizen’s card
which gave rise to 26 complaints procedures - the second largest group in these areas
– since complaints regarding retention or undue photocopy of citizen’s card by public and
private entities continue to be registered(34).
(32) See, in this regard, and in order to standardize the files, the Order of the President of the National road Safety
Authority, No. 7103/2016, of 20 May, published in Diário da República No. 104, 2. Series, of 31 May.
(33) It should be noted that the Ombudsman has already taken a position on the posting of notices containing the
essential rules on preferential or priority attendance service, as well as the existence of special service counters, queues
or tikets for these cases, thus allowing a prior orientation of the users and the prevention of conflict situations at the
time of the attendance service. This position was accepted by the DGAEP, through Technical Guidance No. 02/
DGAP/2006, of 28 April, 2006. See note released on the institutional website of the Portuguese Ombudsman http://
www.provedor-jus.pt/?idc=35&idi=69.
(34) This situation has already been the subject of an interpellation to the Government by this State body, resulting
in the commitment that the situation will be considered in the next legislative amendment of the regime of the identification document.
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