Key Benefits:
Bs. As. 6/2/95
VISTO draft Law No. 24.449 adopting the "Third Law," sanctioned by the HONORABLE CONGRESS OF NATION on 23 December 1994, and
CONSIDERING:
That in article 11 of the draft law between the minimum ages for driving, subparagraph (d) establishes "Twelve years to circulate through the road with the motors propelled by its driver" making it compulsory to circulate by the road for the minors mentioned by the norm with the risk that such demand implies.
That, for its part, article 38 (a) of the last paragraph provides for the possibility of moving on the sidewalk to persons under 10 years of age with motors driven by their driver.
That the application of both rules, becomes a legal vacuum for children under 11 years of age who will not be able to circulate in rods propelled by their driver, or by the road, nor by the sidewalk corresponding to observe both articles in their relevant parts.
That article 13 (c) of the Draft Law between the characteristics of the driver's license, states that "From the age of 65 the validity will be reduced. The issuing authority shall determine, according to the cases, the periods of validity thereof."
Because of the constant series of accidents caused by transit, there is a need to sanction a more agile regulation regarding the periodicity of the control of drivers' skills according to the age of the drivers, which must be the Implementing Authority which determines by regulation the age from which the validity of the licences is reduced.
That article 14 (a) paragraph 3 of the Draft Law provides, among the requirements to be required of the applicant for a driver ' s license, a physical, visual, hearing and psychic aptitude, granted by qualified medical professionals.
That the generic expression granted by qualified medical professional is not adequate, since it is the responsibility of the Appliance Authority, by regulated means, to determine what the services of medical professionals authorized to grant the medical fitness required by the norm will be.
That, also, in subparagraph 6 (a) of the precited article, the phases that make up the practical examination of conductive suitability are set, namely: Conductive management simulator, trial circuit drive or in low-risk urban area, medium transit urban area driving and night driving.
That the requirement of driving in urban areas of medium traffic and night driving implies an increase in the risk of transit, and, in addition, the responsibility that the licensing agency might have in case of accidents, since there is no type of insurance that covers the risk when the driver does not have an enabling license.
That article 15 of the Draft Law between the data to be contained by the licensee provides in subparagraph (f) "The group and factor of the holder accredited by competent professional.
That the generic expression accredited by a competent professional is not adequate as long as it is the responsibility of the Implementing Authority by regulation to determine the services of media professionals that will prove the group and blood factor of the driver's license holder.
That article 33 of the Draft Law, among other requirements that must contain the vehicle, states in subparagraph (f) that "The automotives approved by the competent authority shall be designed in their motor and transmission elements in such a way that the maximum speeds to be developed do not exceed the maximum values established in this Law by more than 50%".
That the aforementioned rule imposes such restrictions on both the approval of vehicles manufactured in the country, as for imported vehicles that are free to public transit, thus preventing the free exchange of vehicles within the framework of MERCOSUR and other existing agreements or to subscribe.
That article 40 (b) between the requirements to be circulated requires the driver to carry the certificate, either expired or not or a vehicle identification document.
That this rule is important to modify the Automotive Legal Regime in an aspect of particular importance for the fulfilment of the objectives of the National Register of Automotive Property.
That in this sense this regime requires among the fundamental elements to be able to circulate, the automotive identification card.
That Act No. 22,977 amends the Automotive Legal Regime by incorporating article 23 of that legal body, a rule that provides that the National Directorate of National Registers of Automotive Property and Prendary Credits, may establish different types of automotive identification certificates, and establish their respective expiry periods.
That the control of the expiry period of cédules is essential to ensure that transfers are registered in time and form, an aspect that interests the State, particularly its tax and security agencies.
It is also useful in the fight against compliance with the destination of motors acquired under special regimes and it is necessary to ensure the safety of registration documents, which must be safeguarded to help prevent the illegal removal of motor vehicles.
That the last paragraph of Article 50 of the Draft Law, concerning the Rules of Speed, states that "the development of speeds above or below established shall mean that the driver has developed a dangerous speed for the safety of the people, and in case of accidents the maximum responsibility shall be on him."
That such a rule creates a legal presumption that might not necessarily conform to the objective truth, with the Judiciary determining, in each particular case, the criterion to adopt, in accordance with the circumstances of the fact, without the need for inappropriate legal presumptions. On the other hand, article 64 of the Bill creates a general presumption for which an accident had been committed and has violated a rule of movement, which could prove that it was not related to the cause of the accident, without prejudice to the responsibility that might correspond to those who, respecting the provisions of the law and could have avoided it, voluntarily did not.
That the wording of the first paragraph of article 94 of the Draft Law, concerning the validity of the Law, can generate the situation of confusion about the moment of application of the regulations in question, corresponding to observing the phrase "... new that with respect to the replaced legislation creates this law".
That the measure proposed does not alter the spirit or unity of the Project sanctioned by the HONORABLE CONGRESS OF NATION.
That the powers for the dictation of the present arise from the provisions of article 60 of the National Constitution.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION IN GENERAL AGREEMENT OF MINISTERS
RIGHT:
Article 1 de Note in article 11 Draft Law, subparagraph (d) that reads: "Twelve years to circulate on the road with rods propelled by your driver." Art. 2° . Note in article 13 of the draft law subparagraph (c) that reads: "From the age of 65 the validity will be reduced. The issuing authority shall determine, according to the cases, the periods of validity thereof." Art. 3rd . Note in article 14 (a) paragraph 3 of the Draft Law, the phrase that reads: "advised by an enabling medical professional. Art. 4o . Note in article 14 (a) subsection 6, of the Bill the points 6.3 and 6.4. that say: "Conduction in urban area medium transit" and "Light driving". Art. 5° ". Note in article 15 (f) of the Bill, the phrase that reads: "accredited by competent professional." Art. 6° ". Note in article 33 of the bill, subparagraph (f) that reads: "The automotives approved by the competent authority will be designed in their transmission motor elements, so that the maximum speeds to develop do not exceed the maximum values established in this law by more than 50%". Art. 7° ". Note in article 38 (a) last paragraph of the Draft Law, the phrase that reads: "propelled by children under 10 years of age". Art. 8° ". Note in article 40 (b) of the Bill the phrase that reads: overcome or not, or document." Art. 9° el Note the last paragraph of Article 50 of the Draft Law, which says: "The development of speeds above or below those established will mean that the driver has developed a dangerous speed for the safety of people, and in case of accidents the maximum responsibility will be on him." Art. 10. ". Note in the first section 94 of the Bill, the phrase that reads: "new, that with respect to the replaced legislation creates this law." Art. 11. . With the salvity set out in the preceding articles, fill in, promute, tengase by Law of the Nation the project of registered under No. 24.449. Art. 12. . Note the HONORABLE CONGRESS OF NATION for the purposes envisaged and article 99 (3) of the National Constitution. Art. 13. . Contact, post, get to know the National Directorate of the Official Register and archvese. . MENEM. . Alberto J. Mazza. . Oscar H. Camilión. . Jorge A. Rodriguez. Rodolfo C. Barra. Guido J. Di Tella. . José A. Caro Figueroa. . Carlos V. Corach. . Domingo F. Cavallo.