In Ecuador, six people died per day in vehicle accidents in 2021 and the regulations for the Traffic Law have not been issued

On August 10, 2021, the Organic Law on Land Transport, Traffic and Road Safety (LOTTTSV) was published in the Official Registry. At that time, a period of 180 days (six months) was given for the Executive to issue the regulations that make the application of the regulations viable. That term expires on February 10 and several civil society organizations warn that there would not even be a draft of the document.

In addition, they affirm that this regulation is an important part of a prevention, control and regulation strategy that seeks to reduce deaths on the roads. According to the National Transit Agency (ANT), In 2021, 21,352 road accidents were registered, an average of 58 per day throughout the country. 17,532 injured people and 2,131 deaths were reported. That is, last year six people died per day.

Sarahí Maldonado, representative of the Association of Users and Consumers of Ecuador, affirms that they are “very concerned” about the actions of the authorities (Ministry of Transport and Public Works, the ANT and decentralized autonomous governments) and their lack of diligence in preparing and issuance of the regulation that “will save lives”.

“For each day that passes and there is no such regulation, we will continue to see the disastrous consequences of road accidents. We do not know the reason for the delay. Road accidents are the real pandemic and it is in the hands of the authorities to stop it“, He says.

He adds that they have felt an elusive treatment from the authorities towards civil society organizations that want to contribute with their knowledge and experiences for the creation and improvement of the regulation.

“We were part of the debate on the law and its approval. We proposed changes and improvements. There were greater opportunities for participation, but in this new period there has been a new attitude, which is why we demand that the authorities assume their responsibility in the aftermath of road accidents. The debate around the regulation is important”, she expresses.

Indicates that they will formally present to the Executive the suggestion of an extension of one more month for the regulation to be issued or, at least, to start the participatory process with civil society to debate and enrich the document.

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Meanwhile, Kléber Almeida, an expert in road safety, specifies that the importance of the regulation lies in the fact that it applies how what is stipulated in the LOTTTSV will be done: “The concern goes further because with the previous law it took four years for the regulation to be complete. Unlike other laws, what happens with the traffic law and its regulations is that every day people die or are injured. Without regulation the number of deaths will remain or grow”.

Sofía Gordon, a member of Carishinas en Bici, affirms that the specific control mechanisms and changes in the new traffic law, which led to a debate for four years before its approval, cannot be applied due to the lack of regulations.

“For example, the prioritization of vulnerable actors, the regulation also has an impact on the main risk factors. We currently have a regulatory gap. We have no information on whether there is a draft of the regulation or if it will be ready. If the deadline is not met on February 10, we need a new deadline, but one that is participatory“, He says.

Several organizations have submitted suggestions for inclusion in the regulation. One of these is to change the term “accidents” for claims (this is already stipulated in the current regulations). “It is understood that an accident is fortuitous while an accident is preventable. This will also avoid confusion in the courts and prevent lawyers from using the term accident to delimit the responsibilities of those involved in road accidents”, says Almeida.

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According to the ANT, the main causes of traffic accidents or the so-called risk factors in the country were driver distraction, not respecting traffic signals, driving over speed limits and driving under the influence of alcohol. They are all preventable, says Maldonado.

The provinces where the most road accidents are recorded are Guayas and Pichincha with 36% and 18%, respectively. Regarding the type of vehicle involved, 38% corresponds to cars, 24% to motorcycles, 9% to vans, 7% to trucks, 6% to sports utility vehicles and 3% to buses.

It is also requested that the regulations say that all passengers under 12 years of age, or when their height is less than 1.50 meters, always sit in the rear seats of vehicles using approved child restraint systems. These must be correctly fastened and fastened to the vehicle and adapted to the weight, size and age of the minor.

In relation to the use of helmets, it is requested that drivers, passengers of motorcycles, scooters, mopeds, tricars and ATVs are required to wear the helmet at all times (approved and certified) correctly attached to the head and fastened to the chin with the provided strap and buckle on the helmet. This applies to companions older than 7 years.

Meanwhile, for speed limits, it is recommended to review the ranges, recognizing the reality of our country and incorporating the best international practices.

Regarding driving under the influence of alcohol, the groups recommend that, in the event of driving the vehicle while intoxicated, the traffic agent must carry out mandatory and random breath and blood tests. In addition, require all drivers, including motorcycle drivers, mandatory breath and blood test or analysis for fatal accidents (in order to identify the scale of alcohol-related trauma).

Maldonado, Almeida and Gordon state that the groups seek to prevent the issuance of the regulation from lasting “years”, as happened with the road regulations that were in force before the LOTTTSV and that led to the death of thousands of people in accidents that could have been avoided . In addition, they recognize that the validity of the regulations of this law is not the solution to all the road problems of the country, but that, without a doubt, it is a “great step”. (I)