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respectful of pedestrians Pedestrians unsafe because of traffic law

In the previous posts have discussed some gross errors of the Traffic Law.

and noted that these errors have not been warned and corrected by the agencies whose specific mission to monitor the effectiveness of the Act, despite 10 years of long duration thereof.

This post discusses the negligence of the legislators to take care of pedestrians, what is found in the reading of Article 38 .
In this article, in just 3 paragraphs and 3 points, is shipped with lightness, a matter of greatest urgency.

And reading the provisions of this Article, the first thing that is clear is that lawmakers did not foresee the possibility of sidewalks impassable, due to work on them and without them responsible for the walkways has been executed for on the road. Nor

cases are planned in cities where it snows in winter, when sidewalks are often impassable because of ice slabs extremely dangerous. In these circumstances, it is only safe to walk on the road thanks maintaining the same, making the respective municipalities to allow the transit of vehicles.

This legislative neglect, those pedestrians who are impassable and be a path down the road, they will do with the risk that accident, the judges are forced to impute negligence, because, by law current passing through the road is an illegal behavior even if no intention (Art 75, Inc A) .

With similar neglect, the said Art 38 states that in rural areas for transit pedestrians "... the paths and places as far away as possible from the road. When they do not exist transit through the shoulder in the direction opposite to adjacent traffic lane. During the night wearing armbands or other retroreflective elements to facilitate detection. ".

is clear that the drafters of this law have ignored the fact that many mountain roads are so narrow with no shoulder.
also have forgotten that, on those routes, when snow and road machines clearing the road, if no shoulder, the left machines occupied by "passes" of packed snow, absolutely impassable.
In this case, too, if an accident occurs, it will be attributed to the victim "for his negligence unlawful conduct. "

And so will millions of Argentines in marginalized areas, not only ignore the requirement to wear "bracelets or retroreflective elements, but in case of knowing this rule, even have them at the humble rural stores where are supplied and that, not take them at night, engage in unlawful conduct without intent.

should be noted that the old traffic law 13893, in force until the promulgation of Law 24449, was more judicious, as it established that "Pedestrians shall move, whenever circumstances permit, on sidewalks or shoulders, avoiding the use of the road ... ... When there were no sidewalks or shoulders were impassable, can use the roadways and must travel on the left and one after another (one in back). "

old law also provided for the 13893 that, on bridges road, "... pedestrians must pass through or trails that they have been booked and that in the absence of them, they will do everything possible leaning against the left." . This was not foreseen by the new traffic law.

Moreover, while from the State and various NGOs are declaimed by the removal of physical barriers to the disabled, the law provides that 24449 "In urban and rural areas, if there are different level crossings for pedestrians, its use is required to cross the road." (Art. 38, Inc. C) .

This article is, once again, proof of contempt of legislators for the disabled, the elderly and pregnant women, who, unable to use stairs of such crossings on different levels, incur unlawful conduct being responsible for it in case of accident.

law also failed to take into account a provision referred to in the old traffic law which stated that "... in no case be stopped voluntarily pedestrians on the road or pass through running. This latter is considered a serious breach of traffic and creates a presumption of guilt in the accidents that occur as a result of the violation of this rule. "(Art 54, Inc 13893 C Act).

This omission is serious this time because of the large number of aerobic running through the streets of our cities.
Today nothing prevents them from crossing the road running and cause an accident.
In this case, according to law, is liable for the driver of vehicle that runs into them.
This is a true arbitrary because neither prudent driver can react fast enough, if a runner stands, and suddenly the race in front of his vehicle.

This shows, once again, the negligence of the legislators and the agencies created for the improvement of road safety rules and that, not even taken the trouble to read carefully the existing legislation, adopting the her valuable provisions.

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Argentina The most common traffic violation in Argentina is to get off the car

Most Argentines assumed, naively, that those who write and enforce laws are competent people.

This is demonstrated in an article in the traffic law 24449, in force in our country that "produces" offenders every day, although this has been corrected, in more than 10 years of enforcement of this law, and warn drivers without running the risk.

For the above Act provides that "... pedestrian transit ... exceptionally on the road, surrounding the vehicle, rear-seat occupants, only for egress elevators ... "(Article 38, Inc. A, Item 3)

Look, dear reader, in writing crazy from this text that apparently has not been warned by the Federal Road Safety Council, or by the Regulatory Review Commission of the Ministry of Interior, created "... for the analysis of existing legislation in Transit and education and its consequent regulatory Road ... ", nor the Universities Committee, established by the Department of Community Relations " ... to participate in the development and monitoring of a Global Road Safety Plan, coordinated by the Secretariat for Road Safety ... ".

For if any of these officials had been moderately competent, would have understood that the text of section 3, we are analyzing, prohibits drivers, who park on the right side of the road, the descent through the door driver left.

is evident that those who drafted the law was intended to allow drivers to go down beside the road, because, otherwise, and in most of today's vehicles, they should bypass the shifter and auto opening the door next to the road.

should be noted also that, assuming that the vehicle had been parked legally on the left, the passenger's seat, ie, the right front seat occupant, nor is enabled to descend through the door, right , to the road, must also do it on the shifter and down the left door in this case.

This is because this maneuver, pass on the road to ascend or descend from the motor, it is only exceptionally allowed to rear seat occupants.

The fact is that, who eventually drafted the text, "he let out a very fat rabbit" and the final draft, approved and in force today, only allows the use of the roadway to the rise and fall of the motor, and only inncesaria manner, the rear seat occupants.

In this way, all drivers of our country, we parked on the right side of the road and went down quietly in our car on the driver's door, we are making daily, multiple offenses transit.

Fortunately, directly responsible for 24,449 law enforcement across the country, ie the famous "foxes" have not bothered to read the law, because, otherwise, our record of violations would be high.

But the seriousness of all this are the legal consequences of this legislative aberration.

For if a driver hit by another driver or passenger, who had fallen beside the road, "and is sponsored by a lawyer who has taken the trouble to read the law carefully," the loser in the Accordingly issue will hit.

This is because, according to the law, the only safe driver is expected to drop passengers on the road from the back seat, because, by section 77 Inc. A traffic law, constitutes a serious infringement do by the front doors and on the Article 75 Inc A, "... are responsible for this law ... People who engage in illegal conduct planned, even without intent ..." .

can therefore say without any exaggeration, that "road safety is a state policy in Argentina.

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Driver Licenses ... stupid trap in Argentina

All specialists in transit and most journalists insist the lack of respect for traffic laws as the main cause of road accidents that cost, annually, thousands of lives.

But no one notices or, if they warn, do not worry, that the Traffic Law 24449 is clearly the first inducing the widespread anomie Argentine drivers.

This is because, according to that law, the only legal way to learn to drive a vehicle to do this through a driving school, without admitting any alternative.

face of this, the first thing to note is that, for the cost of courses, very few Argentines who can attend those schools and, in most cases, when they use them is because they have no family or friends with a car for that learning.

The second thing to note is that these driving schools are not taught to drive but merely to drive a vehicle. Ie, in those schools, you learn the essentials to put the car in motion and make the necessary changes during the march and learn the techniques required parking will be the test to obtain a driver's license.

But that knowledge does not mean that minimum driving and know that to be a good driver, you need to know " drive defensively." The

" Defensive driving "required to have internalized" automatically "behavior to prevent accidents, for example, constantly looking in the mirror, be attentive not only to the vehicle ahead but to possible surprise maneuvers of vehicles which are still later, to distinguish a reckless drivers by type of operations they perform and a long list of internalized attitudes that should be taken to prevent accidents.

Also, the "defensive driving " requires, for example, contemplate the possibility that young children go from a row of parked cars and are filed suddenly in front of the vehicle. This is because, by his small stature, were hidden by the row of vehicles were parked. In this case, the only way to "drive defensively " is to be attentive not only to vehicles that surround us, but if they are constantly monitoring the legs of those children who have fallen to the road below parked cars. In this way you can anticipate their movements and avoid hitting.

Unfortunately, all this can not be learned in a short course in a driving school but is treated after traveling a few thousand miles.

But for this, we have at our side an experienced driver who will teach us the simple little secrets of safe driving.

For all this it can be said with certainty that driving schools do not teach driving .

But also note that the vast majority of those who drive vehicles in Argentina do not learn to driving schools but they did-and still do-with parents, siblings or friends, in clear violation to traffic rules and that, therefore, violated and violate the rules that require the availability of appropriate driver's license, for driving a vehicle public roads.

This, undeniably, it shows the negligence of those who enacted, promulgated and adopted for the federal, provincial and municipal law 24449, showing no concern whatsoever for this problem.

The practical solution to this is not complicated and the countries that have applied to road safety as state policy.

there who want to get a driver's license must have yielded a theoretical examination on the rules and driving a vehicle for at least 6 months and a " 's permit."

This "permission Beginner "enables to drive only if the passenger seat sits an adult who has a driver's license with a length of not less than 5 years. This is to prevent young learners drivers start driving under the protection of young people like them, no driving experience.

After those 6 months of private learning, without having committed any traffic violation, pays the road test and obtain a "provisional license " for a period of 12 months, which has restrictions and limited alcohol the number of violations per year.

After 12 months of driving with "provisional license" , it will be replaced by a "definitive license" , which have restrictions on alcohol only. This should be very low even after 3 years of age to obtain the final license or have completed 25 years. This is because it is considered that, before that age, the body metabolizes alcohol more slowly eaten since, well, only 3 years of driving have enough management experience to warrant a normal breath.

Thus, simple and effective, it could have been provided for by Law 24449, the countries would be for those who want to learn to drive do so starting to learn to respect the law.

Instead, in Argentina but, especially in the myriad of locations inside the country without driving schools, aspiring young drivers are forced to violate the law to obtain a driver's license.

It is therefore unrealistic to expect respect for traffic rules if the majority of Argentines had to begin by breaking the rules, to obtain a driver's license.

And who denounce anomie Argentine drivers, without indicating that irregular situation but easy to solve, show their ignorance on the subject.

But there is no doubt that the Federal Road Safety Council has not "done their homework" if, in the ten years since its inception, it has not achieved the amendment of that provision that encourages the widespread anomie Argentine drivers.

And the same is true of NGOs that also have done nothing effective about it.

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Traffic accidents in Argentina, sponsored by the Law 24449

Traffic Law 24449, enacted by the Congress of Argentina on December 23, 1994, was an act "out of trouble" for cause political impact for serious road accidents that had occurred shortly before.

was finally approved by that date, in a marathon session, custom typical of Congress before the holidays this year, in which many other laws were passed that possibly be as flawed as this.

This statement is not capricious and that at the time of its adoption by the Executive Branch by decree 179/95, had seen 10 articles of the new Law on Traffic by some gross errors they contained.

Among the items found included, so remarkable, the Art 11 and Art 38 of Inc.A of the law passed.

For the first 12 years was set at the minimum age for driving on the road with its driver rolled

powered

And the second was set at 10 years the maximum age for driving on the sidewalk fueled vehicle these children.

This created a loophole for children between 10 and 12 years who were not authorized to drive a road driven by its driver or on the road or the sidewalk, so that these items were seen and not part of the legal regulation of traffic in Argentina.

Thus, the promulgation decree corrected the error mentioned but enables a child of any age, say 4 years, to escape from parental control and down the sidewalk to the road getting in the road traffic.

Therefore, if this cause an accident by running over the child, this law can be invoked by counsel sponsors of the father who can not be attributed to negligence in the accident, given that the wording of the Act, is perfectly legal for a child of that age in a circuit between the motor tricycle and that fact should be expected and anticipated by the drivers of these vehicles, in order to avoid an accident.

should be added that, despite more than 10 years since its enactment no one has bothered to correct this error, although, in this long period, has operated the Federal Road Safety Council, created by the same law that its functions are analyzed and explained in Art 7 of the Law 24449 are to propose policies to prevent accidents, advise as measures of general interest for the purposes of this Act and, especially, "... continuously assess the effectiveness of technical and legal standards and promote change in these studies when it advisable ... ". Many other

errors have this law that has been approved and incorporated into legislation in many provinces and municipalities without the authors of those provincial laws and municipal ordinances warned them, demonstrating in principle that road safety is not a state policy.

On the contrary, thereby promoting the national government, the provincial and municipal governments is precisely the lack of road safety at all levels, which will be developed in subsequent notes.

Finally, it should also call attention to the neglect of various NGOs, supposedly concerned about road safety have not noticed errors that law or, if they did, they did not enough clarity and energy to change this state of affairs.