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Diario Oficial (Colombia) · 09 Sep 2026 · 2 vistas

Ministry of Transport repeals circular that conditioned electronic traffic tickets

Por FactBox Admin

Ministerio de Transporte deroga circular que condicionaba comparendos electrónicos

The Ministry of Transport repealed and nullified Joint External Circular number 20254000000867 of December 24, 2025, which conditioned the contraventional procedure for on-road control supported by electronic devices. The decision was recorded in Resolution number 20263040036655 of 2026, signed by Minister Elsa Noguera de la Espriella and published on Wednesday, September 9, 2026, in the Official Gazette (Edition 53,620).

The regulation clarifies that traffic agents do not require authorization from the National Road Safety Agency to exercise on-road control with electronic devices, provided that the procedure is carried out directly by a competent agent, present and visible at the location of the infraction. This aims to prevent the repealed circular from continuing to operate as an autonomous source of requirements or conditions for the validity of the traffic ticket.

Regulatory Framework and Background

The annulled circular had been issued by the Directorate of Transport and Traffic of the Ministry of Transport and the Superintendency of Transport. After reviewing its content against the current framework, the Ministry’s Legal Advisory Office concluded that the circular imposed burdens and requirements not provided for by law, such as registering the operation and institutional arrangement, conditioning control on the lack of automatic systems (SAST), high accident rates, or the availability of prior information, and requiring reports on agents, control points, and signage.

The decision is based on paragraph 2 of article 7.8.1.1 of Resolution number 20223040045295 of 2022, which compiled traffic regulations, and article 135 of Law 769 of 2002, modified by article 22 of Law 1383 of 2010. The invoked legal framework also includes:

  • Law 1843 of 2017, regarding infraction detection systems.
  • Decree Law 2106 of 2019, which modified its article 2.
  • Law 2251 of 2022 and Law 2294 of 2023 (National Development Plan).
  • Resolution number 20223040045295 of 2022, Single Compilatory Resolution on Traffic matters.

Scope of the Repeal

The resolution specifies that the repeal operates prospectively and does not constitute a retrospective declaration of nullity of the circular. Nor does it imply, on its own, the automatic invalidity of the contraventional actions carried out during its validity, which shall be governed by the applicable constitutional, legal, and regulatory provisions.

Regarding ongoing proceedings, the regulation indicates that the repeal does not entail their filing, nullity, validation, or automatic termination. Each traffic authority must determine the applicable rule and adopt the corresponding decision, disregarding the repealed circular as an autonomous legal source.

Clarification on On-Road Control

To dispel interpretative doubts, the resolution reiterates that the equipment used for on-road control supported by electronic devices does not require authorization from the National Road Safety Agency, provided that the procedure is carried out directly by a competent traffic agent, present and visible at the scene of the infraction, who manually operates the device to record the evidence and prepares the summons order on-site.

The regulation also stipulates that the repeal does not automatically revive previous circulars or guidelines that had been replaced by the annulled circular, and that any applicable guideline must derive from a current and competent legal source. The resolution takes effect from its publication in the Official Gazette and repeals any provisions to the contrary.

The decision has a direct impact on the validity of summonses throughout the country by eliminating requirements that were not contemplated in the law and which could unduly restrict the control authority of traffic officials. For drivers, it provides greater clarity on the conditions under which an electronic summons may be valid, while for agents, it reaffirms their competence to exercise on-road control without additional authorizations.


Source: Official Gazette (Colombia), Edition 53,620, Wednesday, September 9, 2026, p. 19 (official reference: Resolution number 20263040036655 of 2026).