the simple (in appearance) question I often ask different people "but if I do not stop what's going on the altar?", I can not give an equally simple answer.
The rules of the road, it would seem to relate to this failure to act (do not stop the altar) Articles 2 and, consequently, two penalties: the art 43/146, and 192. If the
43/146 requires the administrative penalty fine (150 Euros) and the deduction of points in the second case (Article 192), the reduced payment is not 'and assumes, and must be given notice of the conduct of the offender to the prefect.
The unfortunate wording of the road can not easily distinguish which are the cases in which to apply the first or the second article of cds.Confrontandomi with the same colleagues, among other things, I take conflicting views about the interpretation of those articles.
It should be noted also that in the implementing regulation (the cds) in article 182, the legislature refers to the sound of the whistle long as one of the mode 'of the altar of formal notice to a violator of the rules of conduct road so dispelling any doubt about the application of that article (43/146), even in cases of non-compliance with the obligation to stop.
I believe, indeed, that the presence of two articles, however, relates to that same case, demonstrating the will 'of the legislature in a way to graduate the entities' behavior (and thus the entities' of the relevant penalty) according to contesto.Se not so, there was no need 2 articles, but simply a single general sanction to be applied in all cases of non-compliance with the altar.
Cosi 'then, by analyzing the wording of Article 192 not only on the basis of technical legal language, but also according to technical and operational (operators I hope the industry will understand), it would seem that the Article should riferirisi in all situations qualify as "checkpoint and / or block." The more entities' of the penalty, then, is justified by the greatest social behavior that would omission in question, in the context in question (ie 'not to stop at a checkpoint). What would not be possible, or at least would not be useful, in my opinion, practice in cases governed by 43/146, or in all cases of failure to comply with orders to stop given by officers in service Osterreich ', for example, but not only (the cases of life attributable to road traffic are so many, in fact, the resulting not an exhaustive list).
As stated just now, I therefore need to use the 192 in circumstances where the order to stop in situations such as checkpoints and the like ... but in all cases residual of having to resort to Article code 43/146 of the road.
The question of "if I do not stop the altar thing happening to me?" Should, in my view, be related to additional elements, not having to risk of being subjected to such a response of that nature .... ;)
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