Legislation is a social product that is intended to regulate not only individual behavior but also social relations. Where traffic is concerned, it is hoped that drivers are aware of the traffic laws and respect them, that pedestrians behave within a determined pattern, and that signalization functions as a reference between pedestrians and drivers. When one understands the driver's behavior as resulting from the interaction of several factors, it is possible to eliminate one of them and search for its relationship to the driving action. For this research, the traffic laws and the specific speeding rules were selected factors, since speeding has been associated with accidents. What does the law say about speeding? First of all, as noted in the most general text, it means the Brazilian Traffic Law (CTB) shows in Article 61 three kinds of information related to speed. For a better detail, the text is reproduced below. The maximum speed allowed for the road will be indicated through signalization. The first point is that there will be traffic signs indicating the speed. The second point indicates that in the absence of traffic signs, the specified speeds (80km/h; 60km/h; 40km/h; 30km/h) will be valid. The third point is that those with authority over the roadways will be able to regulate speeds that are different from the specified ones. These three points are reflected on the driver who has to answer with the correct behavior, which is that of driving at the established speed. But the behavior is not mechanical. These several inputs are analyzed and interpreted, based on meanings and values that the driver gives to them, or the meanings made possible by the rules. Beyond the three pieces of information contained in Article 61, Article 218 specifies the rules for the application of punishment, making clearer the speed limit precepts, defining serious attribution related to the excess speed, according to the type of road. The most important law states that an offense can be serious or very serious, with different speed limits according to the kind of road one drives on. This means that for urban roads classified as arterials or for fast traffic, serious was defined as traveling in speeds of 20 percent over the maximum established and very serious when it is over 20 percent. What does this rule mean to the driver? Verifying the limits imposed in Article 61, the speeds defined by the general text for the arterial or fast traffic ways are 60Km/h and 80km/h. It is also important to note that INMETRO (institution which regulates measurements in Brazil) established 7km as a difference in measuring with precision equipment in relation to the speedometers, and that DENATRAN regulated this value to be considered with all established speed limits. This means that the driver who travels at 79km/h (for a maximum speed of 60km/h, it is considered more than 7km, or 20 percent more) or 103km/h (for a maximum speed of 80km/h, it is considered more than 7km, or 20 percent more) will be committing a serious offense. The infraction is considered very serious if the rate of excess speed is over 20 percent and could result with suspension of the driver's license. It's noted that these are the speeds seen in the urban areas. Article 61 also establishes the speeds for the other roadways, such as collector, 40km/h and locals, 30km/h. Section II, of Article 218 of CTB, makes the rule clear that to travel at a speed that is 50 percent greater than the maximum established speed is considered a serious offense and over 50 percent is very serious. This is explicit when considering the speeds of 40km/h and 30km/h on the other roads, meaning respectively, the definition of offense for speeds at 50 percent, at 67km/h (for 40km/h) and at 52km/h (for 30km/h). However, the same Article 61, in the second paragraph, makes it possible that other institutions with authority over the roads, define different parameters. And this is what happened in Parana: CETRAN regulated through the Resolution n. 1515.0/2000, from October 4th, 2000 (published in DOE in October 19th, 2000): "Article 1 states that the penalties for speeding in Urban Ways of Parana State will be framed exclusively in Section II, subheading "a" or "b", of Article 218 of the Brazilian Traffic Law, according to the verified excess. Electronic supervision is seen in an ambivalent way from the users. The same individuals that accept the electronic supervision in banks and stores, reject it in traffic. The acceptance or rejection depends on who is supervised and who is protected by this supervision. When the supervision happens over the person who drives the car and, therefore, possibly threatening the safety of other people, it is rejected by the drivers' group. The external control in traffic is not seen as citizenship practice, but as an invasion to privacy, or as an information gathering mechanism. The analysis of the Federal and State Law texts about driver over the speed limit shows the existence of ambiguities and may reinforce inadequate perceptions that driving "a little over the speed limit" is not a risky at all. For the covering abstract see ITRD E137120.
Samenvatting