TRANSITIONAL

Law 26.938

Production and circulation in the public road of motors manufactured by hand or in low series for particular use.

Sanctioned: May 21, 2014

Cast: June 18, 2014



ARTICLE 1 — Object. This law regulates the production and circulation in the public road of motors manufactured by artisans or in low series for particular use, defined in article 5, paragraph (x) of Law 24.449.

ARTICLE 2° — Categories. For the purposes of this Act, two (2) categories of motor vehicles are established:

(a) Those manufactured by hand and/or in small series, and, to circulate, must be registered in the National Register of Automotive Property. These motors will be of the following three (3) types:

a.1 Automotive Reproduction (AR1) that faithfully copys a certain original model whose production has ceased at least thirty (30) years before the time of beginning the production of its reproduction.

a.2 Automotive Replication (AR2) that does not faithfully replicate a certain original model whose production has ceased at least thirty (30) years before the time of beginning the manufacture of its replica.

a.3 Unpublished Automotive (AI) composed of an original and unpublished design structure and bodywork.

(b) Those resulting from the restoration or reform of existing motors, which are already registered as such in the National Register of Automotive Property. These motors will be of two (2) following types:

b.1 Automotive Reformed (AR3) that has been structurally modified and/or repotentiated.

b.2 Automotive Restored (AR4) that has been entirely returned to its original state, and whose antiquity is at least thirty (30) years.

ARTICLE 3° — Particular use. This law reaches only motors for particular use.

ARTICLE 4° — Definitions. For the purposes of this law, it is understood that:

(a) “structurally reformed” to the partial or total transformation, through the reform, of the bearing structure, of its chassis or structure, or monocasco or self-portant;

(b) “Motorization” to the power source of the motor;

(c) “Repotenced” to the increase or decrease in motorization benefits for the original;

(d) “Mechanics” are the systems for:

d.1 The transmission of motor power, or

d. 2 The directional government, or

d. 3 The slowing government, or

d.4 For the cushioning and attenuation of the imperfections of the way.

(e) “Restauración” of a motor vehicle (AR4) is the recovery of aesthetics, structure, mechanics and motorization, of the deterioration that would have suffered, even by the mere passage of time.

ARTICLE 5o — Manufacturer Registry. The Industry Secretariat will maintain a register of automotive manufacturers produced by hand or in low series for particular use. Registration in this registry will be a necessary condition for these manufacturers to be authorized to subscribe to the corresponding manufacturing certificates.

The registration in this register must be accompanied by the nomination of a technical representative of the manufacturer who must have the title of mechanical or industrial engineer, with responsibility certified by the Professional Council and background in the automotive or autopartic industry, and in the assurance of quality in automotive production.

ARTICLE 6° — Certificate of manufacture. The automotive manufacturer covered by this law will sign, for each unit that makes a Certificate of Manufacturing that must be subscribed by the technical representative, where the brand and model, both of the structure, of the body and of the motor and the corresponding category and type of the motor.

For each model a descriptive memory should be accompanied with planes, and/or chromes, and/or photography of the structure, mechanics and motorization, and the body subscribed by the technical representative.

The components used as constituent parts of these motors must comply with the provisions of Act No. 25,761 on Disarmament and its amendments.

ARTICLE 7° — Maximum production. The maximum allowed production of automotives for each type of each category provided for in Article 2°, and for each manufacturer, cannot exceed the following quantities within twelve (12) months:

(a) For the AR1, AR2 and Al categories: each manufacturer may produce up to one hundred (100) motors;

(b) For AR3 and AR4 categories: each producer may be enabled to process up to 50 (50) automotives per year.

ARTICLE 8° — Automotives patented previously. When it comes to automotives that have been patented previously (type AR3 or AR4), the technical representative will issue a Certificate of Manufacturing clarifying that it is a reform or restoration, which will be registered in the Title of Ownership of the Motor, in its Legajo and in its Cidula.

ARTICLE 9° — Preservation of documentation. The technical representative of the manufacturer and/or restorer and/or reformer must keep archived and available for consultation by the competent authority, all the documentation concerning the motors manufactured, restored or reconstructed, for the term, at least ten (10) years counted from the completion of the production, restoration or reconstruction of each motor.

ARTICLE 10. - Patent. The National Register of Automotive Property shall establish a specific regime for the patenting and granting of the corresponding title of ownership of motors defined in Article 2 of this Law which shall incorporate the requirements of this Law.

ARTICLE 11. - Aptitude to circulate. Any automotive classified in this Act shall have the ability to circulate which determines the Transit Act 24.449 and its amendments.

ARTICLE 12. - Special mandatory technical review. All motors established in this law are subject to an annual Special Compulsory Technical Review, which must be carried out exclusively by a mechanical or industrial engineer, with responsibility certified by the competent Professional Council.


ARTICLE 13. - This law is complementary to the Transit Act 24.449.

ARTICLE 14. - The National Road Safety Agency established by law 26.363 will regulate this law in those aspects related to its powers and functions.

ARTICLE 15. - Contact the national executive branch.

DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTH DAYS OF THE MONTH YEAR DOS MIL CATORCE.


JULIAN A. DOMINGUEZ. - LOVE BOUDOU. — Juan H. Estrada. - Lucas Chedrese.