Determination of the legislature sparked controversy between category and hurts the Federal Constitution
Is already in force in the Federal District a law which requires about of 40000 professional motorcycle riders to use inflatable vest, a type of airbag to couriers. Sanctioned by the Legislature, the law number 4,890 of 13 July 2012 determines that the companies must provide the equipment to its employees, under penalty of a fine of R $500, case violate the standard. The motorcyclist is also subject to the penalty if you get caught riding without the inflatable vest.
The equipment has the shape of a jacket usually of nylon or leather. Can weigh between 1.2 and 5 kg and is inflated by a gas cylinder, when the rider falls and breaks the cord that connects the bike vest. Once thrown, the jacket stays inflated about 20 minutes of protecting the neck, spine and chest, depending on the model of equipment. According to experts, the use of the vest and helmet can reduce by up to 70% risk of death.
Despite being more a measure of protection, the law sparked controversy among the couriers. According to the President of the Union of professional motorcycle riders of the DF, Sajin Alves, the vest costs on average R $1,500. In addition, you need to change the gas cylinder to reload each time it is used, and it also has a cost.
— Make a professional who WINS R $683 registered in wallet to buy this jacket at this price is unjustifiable. Most companies that employs couriers is small and you don’t want to play that cost, and in this case the rider cannot be held responsible.
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Adams recalled that the resolution 356 of Contran (Conselho Nacional de transit) determines and specifies the security equipment for bikers. Among them are the flag vest, helmet and chest with reflective stripes, antenna against abrasive line, kills dog and red card. According to the representative of the category, all this equipment generates an excessive cost sustained by motorcycle courier.
Another controversy raised by the Union of professional motorcycle riders of the DF, the Legislative Chamber has no power to legislate in matters of traffic. For this there is the national body responsible legislating, Contran.
The Denatran (transit National Department) confirmed that the responsibility to legislate on these cases is of Contran, normative and advisory body in matters of traffic. According to the Legal Department of the Denatran, 4,890 District Law offends the Federal Constitution because competes privately to legislate on transit and Transport Union. The Denatran reported although it won’t appeal against the law, as it is not of your competence.
The law challenged by the syndicate was vetoed by Governor Agnelo Queiroz, but the veto was overturned by the district and held in the Legislative Chamber.
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