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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