Yes, driving barefoot is legal in Chile as the Ley de Tránsito (Decreto Supremo 170/2008) does not explicitly prohibit it. However, the Subsecretaría de Transportes and Carabineros de Chile emphasize that footwear must not impair control of the vehicle, aligning with broader safety standards under Resolución Exenta 2.444/2023. Courts have upheld this interpretation in 2024 rulings, though local municipalities may impose fines under municipal ordinances for “dangerous driving” if barefoot operation is deemed reckless.
Key Regulations for Driving Barefoot in Chile
- Control Requirement: Article 106 of the Ley de Tránsito mandates that drivers must maintain full control of their vehicle at all times. Barefoot driving is permissible only if it does not compromise pedal sensitivity or reaction time.
- Municipal Discretion: Municipalities like Santiago or Valparaíso may issue fines under Ordenanzas Municipales (e.g., Ley 21.080) if barefoot driving is linked to traffic violations, such as erratic braking or failure to signal.
- Insurance Implications: Insurers (e.g., Consorcio de Seguros de Chile) may deny claims in accidents where barefoot driving is deemed contributory negligence, per Código Civil Article 2329.
Enforcement Context: While no national ban exists, Carabineros may cite drivers under Article 193 for “driving without due care,” particularly if barefoot operation is linked to a collision or traffic obstruction. The Superintendencia de Seguridad del Tránsito monitors compliance trends, with 2026 guidelines expected to clarify “safe footwear” standards for drivers.