El vacío legal existente en el inciso segundo del artículo 386 del COIP.

Abstract

The Organic Law on Land Transport, Traffic and Road Safety, is the regulation in charge of regulating land transport, traffic and road safety, through specific regulations aimed at all citizens who use the road network, in order to protect the lives of all people and protect goods that circulate throughout the national territory. However, it has been found based on an investigation, with the help of interviews and surveys carried out with various experts on the subject, that the second paragraph, number 2 of article 386 of the COIP, penalizes the person who drives a vehicle with a license of a category different from that required for the type of vehicle he drives, an action that is contrary to what is established in the LOTTSV and its regulations, by virtue of the fact that the aforementioned article generates a free interpretation, considering that the law contemplates categories and types of licenses. Seeking to guarantee the effective application of the law and traffic regulations, and so that drivers drive vehicles for which they have been trained, and do not take advantage of this legal vacuum to drive vehicles for which they are not suitable, this paper presents a proposal for a draft reform law to the Comprehensive Organic Criminal Code, which consists of changing the word "Category by Type" in the second paragraph 2 of article 386 of the COIP, in order to clarify the content of the action considered as an infraction , and which does not give rise to inappropriate interpretations or that go against the law.