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(Automatic translation)

The meanings implicit in the road regulations in Argentina. When the knowledge of the imperative is insufficient

Pablo DANIEL FUENTES
Degree in Accidentology and Road Prevention, Commissioner (RE), former Head of
the Criminalistics Division of the Police of La Pampa (Argentina), Official Expert,
Teacher at the Higher Police Institute in the matter of Road Safety Education. Currently Prosecretary of the Procurator General of the Province of La Pampa, with
Advisor functions in Road Accidentology (Argentina)

Gabriel HORACIO MARINO
Relator del Tribunal Oral en lo Criminal Federal de la Provincia de La Pampa
(Argentina)


ABSTRACT

The present work establishes, in the first place, the reasons that base for the authors the necessity to offer to the street norms a significant content, with the purpose of surpassing the fallacies of interpretation by ambiguity, generality and imprecision. It is emphasized that such errors occur by making the reading of a rule outside of its own context or without applying previous knowledge, and that such deficiencies do not constitute a defect of the law (which has no educational but normative concern).
Then the analysis of some expressions that are common to most road laws is carried out: circulate with care and prevention, control or control of the road, traffic risks, precautionary speed, priority of passage; and in each case a common meaning is proposed to all users in any way. At the end a meaning of the expression road experience is postulated.
The article concludes with an invitation addressed in particular to professionals in the field of accidentology, to discuss the meanings exposed and others equally implicit in any rule, in order to arrive at a global consensus that facilitates the correct understanding and application (by conviction and not by imposition) of the legal imperative.


KEYWORDS:

Road safety, Traffic, Speed, Claims, Road regulations, Care and prevention, Total control, Risk, Precautionary speed, Priority.

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