The Municipality of San Miguel de Tucumán sets in motion the decree that forces motorcycle drivers to use reflective garments to be more visible. “The measure is positive, but when the minutes are filed, the fines cannot be applied,” said one expert.
This Wednesday the Municipality of San Miguel de Tucumán will enforce the decree that forces motorcyclists to circulate in the capital to wear reflective vests.
The controversial measure, rejected by the drivers of this type of road, was a decision of Transit and Transportation, by Enrique Romero, with the intention that the motorcyclist is more visible to other drivers.
The resolution establishes that the vest should be yellow, with reflective tapes. In case of not having the piece, drivers must use shoulder straps or wear a garment with high visibility material. Also, if they use motorcycles with delivery boxes, they must adhere to reflective material.
Positive but poorly applied
Jorge Rodriguez Robledo, lawyer specialized in Traffic issues, explained to eltucumano.com that the initiative is positive within the security measures, although its application is erroneous since it lacks regulation. “When they file the minutes, the fines cannot be applied,” he said.
“It is essential that prevention and awareness actions are generated on the public road. This administrative resolution, which arises from the will of the municipal transport undersecretary, cannot have any application,” he said, adding:”He says that this must be mandatory, which is not bad, it is a positive action that adds up to security measures, but does not have regulations so that a lack judge can apply a sanction. The judge does not have the measure in the municipal code of fault, and does not come as a municipal ordinance but comes from the will of an official,” said the lawyer who compared this measure with the obligation of motorists to use the low lights.
“This will lead to the same thing that happens when the use of low lights is mandatory. All infractions for not using the lights in San Miguel de Tucumán is null and void. It does not have regulations so that a judge of fault can impute it,” he clarified.
Rodríguez Robledo stressed the importance of making this type of change through the Deliberative Council, in charge of debating all the issues that involve the neighbors. “When you want to regulate a behavior you must do it through a municipal ordinance, through an internal debate in the Deliberative Council. What Romero should do is present an ordinance project. Its forms confuse society, and as it is managed by the mayor develops those resolutions that do not affect the community,” he said.
“The vests are perfect because they allow seeing 150 meters the presence of the driver, of that motorcycle. It is a positive norm. What you have to generate is that pedestrians and drivers are visible. The way it is done is not correct. It does not comply with the formalities,” concluded the specialist.