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03/03/2011 DGT RESOLUTION ON THE INTERPRETATION OF ARTICLE 384 OF THE CP CASE CONCERNING TWO NEW MOTORCYCLES 21

The Operational Associate Director of the Association of Traffic Civil Guard appeared before the Traffic Department consultation on certain assumptions that may framed as a crime, enshrined in Article 384 of the Penal Code or as a very serious administrative offense, in violation of Article 65.5K) of the Road Safety Act, to do away with different interpretations had been found in various subsectors of traffic. The two cases that had caused this diversity of interpretation were the following:

1) Conductor who has lost all their points for the committee various offenses. Have passed the six months needed to complete the course of road rehabilitation and awareness, but has not done that caught driving course yes.

2) Conductor court has been deprived of his driving license for a period exceeding two years. Once that deadline has not completed the rehabilitation ysensibilización yes caught driving road.

The response of the DGT of March 3, I play for requesting the following:

Regarding your letter dated February 11, which performs a query on certain assumptions that could constitute crime under Article 384 of the Penal Code or the administrative violation of Article 65.5K) of the Road Safety Act, it is reported that the opinion of the Directorate General coincides broadly with that expressed in his office, is say

raised in the first case, where there has been loss of life of the driving permit or license from depletion of the points assigned by law, provided that the drive before obtaining administrative Iautorización again for driving, will be committing an offense under section 384 Ithe Penal Code, regardless of the time that would have since it was the loss of validity of the authorization and the completion of the course or re-education and awareness.

In the second, when the loss of life of the permit or license has been produced in accordance with Article 47 of the Penal Code, following the imposition of a sentence of deprivation of the right to drive for longer than two years , if you drive without having served the sentence imposed, will be producing a escape from prison. If you drive after serving the sentence, but before receiving official authorization again for driving, in violation of Article 1.1 of Regulation On Drivers (in the RCI; CON/001/1/5A / .. / 500 euros), which is a very serious violation, in accordance with the provisions of Article 65.5K) of the Road Safety Act. The offense also in this case occurs regardless of whether or not he had made during sensitization and re-education.