Dawn on Wednesday a man died on Route 5 north to the height of the Rena after being run over by a garbage truck. The victim had fallen from his car without reflective vest as one of the possible causes for alleged major vehicle driver did not see it.
However, was it mandatory to use in a case like this reflective vest? The answer is no.
On 1 January last year came into force the Supreme Decree No. 164/2014 amending Decree of the Ministry of Transport and Telecommunications , forcing all motor vehicles that carry inside the reflective vest , joining other items that by law and have to count every motor vehicle, such as a fire extinguisher and safety triangles. Therefore, in addition, the estimated he decreed that failure to comply with the wearing of reflective vest constitute a misdemeanor, resulting in one fine of 0.2 to 0.5 UTM.
While ensured for the entry into force of this decree, the vest should be worn by the driver when the vehicle down, the law does not say anything about it. Moreover, the aforementioned Supreme Decree only adds to the elements which necessarily must be inside a vehicle and specifies only "safety vest should always be in a location of the vehicle that is accessible from within the same”.
Meanwhile, the Traffic Law is not concerned about it and only secured in Article 79, that motor vehicles by type and class shall be provided with "devices for emergencies that meet the requirements determine the rules”.
Furthermore, Article 162 of the same law specifies that a vehicle parked on a public road without lighting must keep their lights on. In addition, if they are stationed breakdowns, mechanical problems or other similar causes, they should warn the devices made by emergency determined by the regulations.
Thus, there is no legal text requiring the use of the vest or under what circumstances do.
BILL
There is currently a bill that seeks to make it mandatory the use of reflective vest when at least one of the occupants out of the vehicle.
For that, the initiative of Deputy, aims to incorporate Article 157 of Law No. 18,290 Law Transit a paragraph 3, which read: "At least one of the occupants of a vehicle in the situation described in preceding paragraph descendent he should wear high visibility vest that sets the rules ".
"I ask the minister to give him Tapia urgency to this project, generate awareness and avoid cases such as occurred in Rena," he added the parliamentarian.
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