Through Decree 380 of 2022, which came into effect on March 16, 2022, the Ministry of National Defense adds to Decree 1070 of 2015 and regulates the National Code of Security and Citizen Coexistence regarding special handling canines.
It is important to note that this Decree refers to the need to replace in all national legislation and regulations the expression "potentially dangerous dog" or "potentially dangerous breed(s)" with "special handling dog" or "special handling breed(s)".
According to the regulation, owners of dogs considered special handling must acquire a tort liability policy, which must be taken out with an insurance company legally authorized to operate in the country, in order to cover damages and losses caused to persons, property, roads, public spaces, and the natural environment in general.
The insured amount of the policy may not be less than 50 current legal monthly minimum wages per canine, which may be exhausted in one or more events occurring during the term of the insurance. This policy must remain in force for the life of the animal.
In any case, insurance companies must allow the acquisition of collective tort liability policies for entities, non-profit foundations, or shelters dedicated to the protection, custody, and care of canines in a state of abuse, helplessness, or abandonment. When special handling dogs are to be given away, sold, transferred, or any assignment of ownership rights, the district or municipal mayor's office and the insurance company must be notified.
What is the classification of special handling canines?
Dogs considered special handling or special handling breeds are those that have had episodes of aggression towards people or have caused the death of other dogs, canines that have been trained for attack or defense, and any dog belonging to the following breeds: American Pit Bull Terrier, Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Terrier, Doberman, Rottweiler, Fila Brasileiro, Bullmastiff, Neapolitan Mastiff, Dogo Argentino, Dogue de Bordeaux, Tosa Inu, Presa Canario, as well as any of their crosses or hybrids.
How does the tort liability policy operate?
For the acquisition of tort liability policies, owners and/or keepers of special handling canines must implement a subcutaneous and hypoallergenic microchip in accordance with ISO standard 11784-11785 or its equivalent, which must contain a unique numeric identification code that will be implanted by a veterinarian with a professional license and certified by the Professional Council of Veterinary Medicine and Zootechnics (COMVEZCOL) or its equivalent.
Accordingly, the policyholder or insured must provide the insurance company with the unique identification number of the special handling canine to be included in the respective policy.
Finally, the term for the implantation of the identification microchip and for the acquisition of the tort liability insurance will be 6 months from the entry into force of this decree.
Daniela Ballen J. – AZC CONSULTING ATTORNEY