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
poweredAnd 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.
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