Popa M., Rebeleanu C., Pricop S., Neculai-Candea L.
{"title":"Legal Norms Regarding the Assessment of the Ability to Drive Motor Vehicles","authors":"Popa M., Rebeleanu C., Pricop S., Neculai-Candea L.","doi":"10.4323/rjlm.2022.208","DOIUrl":null,"url":null,"abstract":": The forensic expertise regarding the assessment of the ability to drive a motor vehicle on public roads is a necessity for both the person in question [driver] and for the authorities that request it. This type of examination raises the issue of a legislative void in that the current laws fail to provide for the plethora of situations/diagnoses encountered in practice. This paper aims to draw attention on the major differences between the legislative provisions on amateur drivers in comparison with professional drivers, given the potential for similar social danger between both categories, and also on the difficulty of establishing this quality in psychiatric patients. For this purpose, we have compared the judicial requirements for both categories of drivers to better understand their shortcomings and we have analyzed 70 cases of this type of examination to determine the most common diagnoses we encounter.","PeriodicalId":54450,"journal":{"name":"Romanian Journal of Legal Medicine","volume":" ","pages":""},"PeriodicalIF":0.4000,"publicationDate":"2022-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Romanian Journal of Legal Medicine","FirstCategoryId":"3","ListUrlMain":"https://doi.org/10.4323/rjlm.2022.208","RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"Medicine","Score":null,"Total":0}
引用次数: 0
Abstract
: The forensic expertise regarding the assessment of the ability to drive a motor vehicle on public roads is a necessity for both the person in question [driver] and for the authorities that request it. This type of examination raises the issue of a legislative void in that the current laws fail to provide for the plethora of situations/diagnoses encountered in practice. This paper aims to draw attention on the major differences between the legislative provisions on amateur drivers in comparison with professional drivers, given the potential for similar social danger between both categories, and also on the difficulty of establishing this quality in psychiatric patients. For this purpose, we have compared the judicial requirements for both categories of drivers to better understand their shortcomings and we have analyzed 70 cases of this type of examination to determine the most common diagnoses we encounter.
期刊介绍：
The Romanian Journal of Legal Medicine, the official publication of the Romanian Legal Medicine Society, is devoted to the publication of the original investigations, observations, scholarly inquiries and reviews in the various branches of the forensic sciences.
These include forensic pathology and histochemistry, clinical forensic medicine, medical malpractice, traffic medicine, chemistry, biochemistry, thanatochemistry, clinical and forensic toxicology, alcohology, biology (including the identification of hairs and fibres), the physical sciences, firearms, and document examination, physical anthropology, serology, forensic genetics and paternity (with special emphasis on recent advances in DNA technology and PCR), forensic psychiatry and behavioral sciences, forensic odontology, law and ethics, history of forensic sciences. RJLM also includes similar submissions dealing with forensic-oriented aspects of the social science and the area where science and medicine interact with the law.
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