Clipping of news on Brazilian Culture, Law and Citizenship
11/16/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Drivers must pay attention to the obligations of the concessionaires to guarantee the safety to users
Cars travel in federal highway of Niterói - Gabriel de Paiva / Agência O Globo
RIO - When it comes to picking up the road, it is always crucial to prevent any risk of problems, including the role of consumers in concessioned roads. The rain that hit the Southeast region lights a yellow light for drivers who have taken advantage of the holiday of the Proclamation of the Republic to travel and are returning to their cities. Lawyers David Nigri and Maria de Fátima Caldas Guimarães prepared a checklist for the user to obtain more information about their rights in the relation of consumption in the use of vehicles and roads.
According to the specialist Maria de Fátima Caldas Guimarães, Article 22 of the Code of Consumer Protection makes it clear that the concessionaires are responsible for providing adequate, efficient and safe public services to consumers.
"The service provided to those who travel on the road under their concession includes bathrooms, public telephones and the living room for passengers to wait safely for the rescue, especially at night," said the lawyer.
A specialist in consumer law, lawyer David Nigri points out that on extended holidays, the driver needs to redouble his attention, since there is a great possibility of unforeseen events along the way. According to him, the concessionaire is responsible for the preservation and supervision of the road, and must respond for damages caused to users and prevent the presence of animals and loose objects on the runway in order to ensure traffic safety.
The lawyers also pointed out that even if they transit before the toll is collected, the driver enjoys the same rights. The concessionaire must guarantee the safety of the users, eliminating the risks of accidents, being responsible for the maintenance of the runways, signaling, cleaning, information, communications and inspection of the highway, including in what concerns the clandestine passage that perhaps exists on the road. In addition, the dealer must also provide mechanical assistance, medical assistance and winch.
Therefore, the collection of an indemnity, whether of material or moral damages, requires proof of the accident on the road granted. To do so, the driver must keep the toll payment voucher, if any, to show the day and time when the car circulated on the highway; If possible, photos of the exact location where the accident occurred; The registration in the dealer's book and the report of occurrence made by the highway police are indispensable. Without this care, the concessionaires may deny payment of the indemnity.
Check the main guidelines of the specialists:
- It is the right of road users, accident first aid services to the nearest hospital, as well as winch service for removal of injured vehicles.
- Roads have the obligation to make available telephones and services to supply these services and if they are not properly taken care of moral damages.
- There is also an obligation of adequate signaling, mainly of works. If these services fail, there are also actions for compensation for moral and material damages.
- In all cases, it is essential to keep the receipt that proves the payment of the toll to bring to justice.
Source: The Globe
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This article was translated by an automatic translation system, and was therefore not reviewed by people.