La Conducción de Vehículos con un Tipo de Licencia Diferente a la Exigible, Atenta Contra la Seguridad Vial

The purpose of this research work entitled "Driving vehicles with a different type of license than the one required, threatens road safety", is to determine the risks to road safety generated by driving a vehicle with a license of a different type than the one required, since, This is the...

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Bibliographic Details
Main Author: Abad Aguilar, Royer Felipe (author)
Format: bachelorThesis
Language:spa
Published: 2024
Subjects:
Online Access:https://dspace.unl.edu.ec/jspui/handle/123456789/29842
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Summary:The purpose of this research work entitled "Driving vehicles with a different type of license than the one required, threatens road safety", is to determine the risks to road safety generated by driving a vehicle with a license of a different type than the one required, since, This is the origin of the majority of traffic accidents that occur on the public roads of our country and that cause the loss of human lives, people who are left with permanent disabilities and others psychologically marked for life by the impact suffered, without leaving aside the material damages caused that generate large economic costs to those involved. The fact that they do not have a license according to the vehicle they drive denotes the lack of expertise since in many cases these drivers do not have the knowledge that must be possessed for each one and that is the main reason why it has been divided in the legislation. In the criminal field, there is a legal void in the legal norm by not sanctioning the incorrect use of the types of licenses and only sanctioning the incorrect use of the license categories, leaving an open letter so that those who are within a certain category can circulate in any of the vehicles that are within the same, without having the experience and technical, theoretical and practical knowledge in topics and aspects such as the mechanics of the vehicle according to its characteristics, in addition to the laws, regulations, driving rules and prevention of traffic accidents, including knowing how to act or proceed in cases of traffic accidents. In the development of this research work, different research parameters were established that allowed for a conceptual, doctrinal and legal analysis of the risks to road safety generated by driving a vehicle with a license of a different type than the one required, surveys and interviews were applied to different professionals in the field of traffic and land transport that allowed obtaining clear and accurate information, which contributed to the verification of the objectives set and as a result allowed to conclude that it is very necessary to reform the Organic Integral Penal Code regarding Article 386 paragraph 3 paragraph 2, which refers to a first class traffic violation, in order to establish a sanction to the person who drives a vehicle with a different type of license than the one required and not only to the incorrect use of categories of driver's licenses in a generalized manner such as professional and non-professional licenses, thus allowing the traffic management entities to carry out a proper control in the correct use of this enabling title, in order to ensure effective road safety for all people nationwide and thus be able to reduce accident rates in Ecuador.