Travel with the motorcycle requires some basic security precautions, such as a suitable clothing, a motorcycle properly revised, Lighthouse down always fires and a suitable helmet with your helmet properly positioned. Regarding this last item, a large number of motorcyclists travels by Brazilian roads with safety helmet, however with your respective visor lifted, which also sets up traffic violation.
The legal provision for the requirement of the visor in place is found in the 453/13 Resolution of CONTRAN (Conselho Nacional de Traffic), in your article 3.
The driver and passenger of a motorcycle, motor scooter, moped, motorized tricycle and quadricycle, motor to circulate on the public highway, should use helmet with visor, or in the absence of this, goggles, in good condition.
§ 1 the term goggles, that allows a user to the simultaneous use of corrective glasses or Sun.
§ 2 Is prohibited the use of sunglasses, corrective glasses or job security (EPI) in a unique way, replacing the goggles.
(3) When the vehicle is in circulation, the visor or goggles must be positioned so as to give full protection to the eyes, in compliance with the following criteria:
I–when the vehicle is stationary on the road, regardless of the reason, the visor can be fully raised, and should be immediately restored the front position the eyes when the vehicle is set in motion;
II–the visor should be lowered to such an extent enables complete protection to eyes front, considering a horizontal plane, allowing, in the case of helmets with Chin piece, small opening to ensure air circulation;
III–in the case of modular helmets, in addition to the visor, as item II, the Chin piece must be fully lowered and locked.
§ 4 at night, it is obligatory the use of the visor in the Crystal pattern.
§ 5 is prohibited the placing of film on the helmet visor and goggles.
It is noteworthy that the Resolution 453/13 of the CONTRAN aims to establish a new theme for the subject, bringing milder punishment to the riders that do not use the visor when the vehicle is in motion. In this way the biker stop losing your LICENSE if caught without the visor. The other situations related to the use of the helmet or helmet out of specifications, continue on. Failure to comply with the provisions of the Resolution mentioned will cause the offender penalties provided for in article 244 item I and II of the CTB or in article 169 of the CTB.
|Article 244. Drive motorcycle, motor scooter and moped:
I–without using safety helmet with visor or goggles and protective clothing in accordance with the standards and specifications adopted by CONTRAN;
II-carrying passenger without helmet safety, in the form set out in the previous paragraph, or off the additional seating placed behind the driver or in a sidecar;
Penalty-fine and suspension of the right to drive;
Administrative measure-enabling document Gathering;
Article 169-drive without warning or without essential care for security:
To configure the infraction the vehicle should be in circulation. A vehicle parked on a semaphore signaling detracts infraction on screen. The dictionary defines the meaning of movement as “continuous movement, stroke or gait”. The vehicle must be on the move for the infraction occurs.
The Brazilian Manual of traffic Supervision, approved as provided by Resolution 371/11 of CONTRAN, establishes the legal provision for this type of infraction, as follows below:
Article 244 item I of the CTB
703-02 Code-Drive motorcycle/motor scooter/moped c/s/visor/helmet protection glasses. Passenger:
Article 244 item II of the CTB
704-82 Code-Drive motorcycle/motor scooter/moped transport passenger s/visor/protection glasses.
Article 169 of the CTB
520-70 Code–driving without warning or without the care necessary for the safe
The use of the visor now follows a few rules that must be met by biker, conform the resolution advocates 453/13 CONTRAN. Among these rules was the possibility to keep ajar the visor, i.e. in helmets with Chin piece, the driver may maintain a small break in the visor so that makes the air intake, but attention, this premise only goes for the helmets with Chin piece. As we understand the great change in affairs related to the visor occurs mainly in new penalty application configuration. The driver is booked on the basis of article 169 of the CTB, a mild infraction punishable by loss of 3 points.
Despite the slowdown in the implementation of the penalty the biker must understand that the use of the helmet with visor is important for the protection of the eyes. The CONTRAN corrected a flaw in the legislation but made clear the importance of the use of the visor to the safety of the biker. It is up to the biker fulfill your part and fit the new rules in force. It’s a safety issue. It’s a question of preserving his own physical integrity.
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Texto adaptado do site Mundo Trânsito.