Esta ley enmienda la Ley del Consejo Asesor de Asuntos de la Juventud para incluir entre las funciones de la Oficina de Asuntos de la Juventud la preparación e implementación de un plan para orientar y concienciar sobre la seguridad vial, con énfasis en los peligros de las carreras ilegales, la conducción de vehículos de cuatro pistas y la conducción bajo la influencia de sustancias.
(S. B. 1674) (Conference) (No. 51) (Approved January 13, 2004)
To add a subsection (22) to Section 7 of Act No. 34 of July 13, 1978, as amended, known as the "Youth Affairs Advisory Council Act," to establish among the duties and responsibilities of the Office of Youth Affairs, the preparation and implementation of a plan, through diverse activities and the communications media for orienting and raising traffic safety awareness, with special emphasis on the dangers of auto racing or drag racing and speed and/or acceleration contests of unauthorized motor vehicles on the thoroughfares of Puerto Rico, also known as illegal auto racing or "the fever," as well as the driving of four track vehicles and the consequences of driving motor vehicles under the influence of drugs or controlled substances.
Each year, illegal auto racing in Puerto Rico causes a series of automobile accidents which, on occasion, cost the lives of many Puerto Rican brethren who participate actively in such a practice, and including persons who have nothing to do with such races. This activity is popularly known as "the fever."
According to data from the Puerto Rico Commission for Traffic Safety, in the period between 1995 and 1999, there have been an annual average of:
The following are among the factors to which these accidents have been attributed: mechanical defects (2%), road conditions (3%), and the human
factor (95%). Obviously, many of the accidents that occur in the roads of Puerto Rico are due to human factors, such as speed, negligence and lack of visibility of highway conditions.
According to data from the Commission for Traffic Safety, between 1996 and 2000, there has been an annual average of 35 drivers killed (a total of 174 in the period), between 16 and 20 years of age, of which an average of 10 tested positive to alcohol testing. The break-down per year is as follows: 1996 (37 killed), 1997 (30 killed), 1998 (17 killed), 1999 (54 killed), 2000 (36 killed).
It is important to mention that the socio-economic impact of automobile accidents is considerable. In other words, it is estimated that, the socioeconomic cost of traffic accidents annually is 295 million dollars, itemized as follows:
On the whole, according to updated information provided by said Commission, each year, an average of approximately 550 automobile accident-related deaths are reported on the thoroughfares of Puerto Rico, in which speeding constitutes one of the main causes, especially among persons 20 to 40 years of age.
In the United States, the National Highway Traffic Safety Administration (NHTSA) is the entity that analyzes, investigates and studies all maters related to national traffic safety in the Nation. In order to do so, a series of tools is used to compile the data, such as, for example, the Fatal Analysis Reporting System (FARS), the National Automotive Sampling System (NASS), and the compilation of police reports from all states and the
District of Columbia. According to information supplied by FARS, approximately 40,000 persons die due to automobile accidents in the United States, each year.
There have been many notorious accidents in Puerto Rico associated to illegal auto racing. A few years ago, in Morovis, this activity took the life of several people who were on the side of the road watching the car races. Recently, in Naguabo, two youths, who had just graduated from high school, one of whom was 18 and the other 17 years of age, lost their life in an automobile accident in what, according to the media and the police report appears to have been a result of "the fever."
Regarding accidents related to the use of "four track" vehicles, the most recent information confirms that on an average, youths that have accidents while driving these vehicles are between the ages of 20 and 25, do not use helmets, have no prior experience on motorcycles, and race at high speed under the influence of alcohol. Orthopedist Luis Ríos Reboyras reached this conclusion in a study he conducted, evaluating 33 patients hospitalized in the Medical Center between May of 1998 and May of 2000, which needed orthopedic surgery after being injured while driving such vehicles.
Another study published in the United States in 1987, according to a newspaper article published in El Nuevo Día, on Tuesday, July 16, 2002, revealed that over 300,000 injuries and 900 deaths due to the use of "four track" vehicles were reported that year. According to the study, most of the injuries are attributed to insufficient motor skills and the level of coordination of the driver, besides the instability of said vehicles.
The Office of Youth Affairs, created by virtue of Act No. 34 of July 13, 1978, as amended, is the government entity with most knowledge on the
matters of and needs of Puerto Rican youths. Thus, pursuant to the provisions of Section 7 of the Organic Act, supra, a series of functions and responsibilities have been listed that shall be carried out by said Office.
There is no doubt about the problem of safety on our roads and the starring role of our youth in it. Therefore, it is imperative that initiatives such as those established herein come into existence, in order to render orientation and counseling services on this matter to our youth to ensure safe thoroughfares for all who make use of them, whether they are children, youths, adults, and or the elderly.
For all that stated above, it is necessary to include among the duties and responsibilities of the Office of Youth Affairs, the drafting and implementing of a plan by means of diverse activities, to direct and develop traffic safety awareness, with special emphasis on the dangers of auto racing or drag racing, and speed and/or acceleration contests of unauthorized motor vehicles on the thoroughfares of Puerto Rico, also known as illegal auto racing or "the fever," as well as the driving of four track vehicles and the consequences of driving motor vehicles under the influence of alcohol, drugs or controlled substances.
Section 1.- A subsection (22) is hereby added to Section 7 of Act No. 34 of July 13, 1978, as amended, to read as follows: "Section 7.- Functions and Duties of the Office The Office shall have the following functions and duties: (1) ... (2) ... (3) ... (4) ...
(5) ... (6) ... (7) ... (8) ... (9) ... (10) ... (11) ... (12) ... (13) ... (14) ... (15) ... (16) ... (17) ... (18) ... (19) ... (20) ... (21) ... (22) Draft and implement through diverse activities and the communications media, a plan to direct and increase awareness of traffic safety, with special emphasis on the dangers of auto racing or drag racing, and speed and/or acceleration contests of unauthorized motor vehicles on the thoroughfares of Puerto Rico, also known as illegal auto racing or "the fever," as well as in driving of "four track" vehicles and the consequences of driving motor vehicles under the influence of alcohol, drugs or controlled substances."
Section 2.- This Act shall take effect July 1, 2004.
I hereby certify to the Secretary of State that the following Act No. 51 (S.B. 1674) (Conference) of the $6^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to add a subsection (22) to Section 7 of Act No. 34 of July 13, 1978, as amended, known as the "Youth Affairs Advisory Council Act," to establish among the duties and responsibilities of the Office of Youth Affairs, the preparation and implementation of a plan, through diverse activities and the communications media for orienting and raising traffic safety awareness, etc., has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today 2nd of May of 2005.
Luis E. Fusté-Lacourt Director