Name of law Law amending and supplementing the law on road traffic Bill name WALL of the law on road traffic adopted 27/02/2015 number/year Official Gazette 19/2015 Decree No 33
On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria
To be published in the Official Gazette the law amending and supplementing the law on road traffic adopted by the HLIIÌ National Assembly on 27 February 2015.
Issued in Sofia on 6 March 2015.
The President of the Republic: Rosen Plevneliev
Stamped with the State seal.
Minister of Justice: Hristo Ivanov
amending and supplementing the law on road traffic (official SG. 20 of 1999; amend., no. 1 of 2000 and 43/76 of 2002, no. 16 and 22 of 2003, issue 6, 70, 85 and 115 of 2004, no. 79, 92, 99, 102, 103 and 105 by 2005, issue 30, 34, 61 , 64, 80, 82, 85 and 102 in 2006, PCs. 22, 51, 53, 97 and 109 from 2007, PCs. 36, 43, 69, 88 and 102 by 2008, PCs. 74, 75, 82 and 93 from 2009, PCs. 54, 98 and 100 by 2010, PC. 10, 19, 39 and 48 by 2011; Decision No. 1 of the Constitutional Court by 2012 – PCs. 20 by 2012; amend., SG. 47, 53, 54, 60 and 75 by 2012 PCs. 15 and 68 in 2013, PCs. 53 and 107 by 2014 and PCs. 14 by 2015.)
§ 1. In art. 104 (a) the words "in the presence of ' shall be replaced by" through ".
§ 2. In art. 137 in the Al. 2 shall be amended as follows:
"(2) to children less than 150 cm, who travel in motor vehicles of categories M1, N1, N2 and N3 equipped with restraint systems, child restraint systems are used on children by the full or incomplete grade within the meaning of art. 137 b, para. 2 according to the weight of the child, in accordance with:
1. the classification under art. 137 b, para. 1 – for child restraint systems approved in accordance with art. 137 d, para. 1, item 1;
2. data by the manufacturer for the height and the maximum weight of the child for whom the system is intended for safety of children, approved in accordance with art. 137 d, para. 1, item 2. "
§ 3. Article 137 (d) shall be replaced by the following:
"Art. 137. (1) the child restraint Systems approved in accordance with the requirements of:
1. Regulation No. 44, 03 series of amendments of the Economic Commission for Europe of the United Nations or of the Ordinance under art. 138, para. 4 approving new types of motor vehicles with regard to safety belts and restraint systems and the type-approval of safety belts and restraint systems, or
2. Regulation No 129 of the Economic Commission for Europe of the United Nations.
(2) child restraint Systems shall be installed in accordance with the information for the installation (instructions for use) supplied by the manufacturer of the child restraint system, indicating the method and vehicle types can be used safely. "
§ 4. In art. 137 e, para. 1 the words "art. 137 (d) ' shall be replaced by "art. 137 d, para. 1. "
§ 5. In art. 149, para. 3 item 1 shall be amended as follows:
1. class a-vehicles designed to carry standing passengers; and buses in this class have seating; ".
§ 6. In art. 165 the following endorsements are added:
1. In paragraph 8. 2 item 8 is created:
"8. indicate by placing road signs, shall publish in mass media or on the website of the Ministry of the Interior police station by way of the control on the observance of traffic rules by automated technical means or systems."
2. a para. 3:
"(3) the conditions and procedures for using automated technical means and systems for the control of traffic rules are defined by Decree of the Minister of the Interior."
§ 7. In art. 183, para. 4, item 6, the words "in the presence of ' shall be replaced by" through ".
§ 8. In art. 189 following amendments and supplements shall be made:
1. In paragraph 8. 4, the words "technical device" shall be replaced by "automated technical means or system".
2. in the Al. 8 creating the third sentence: "within 7 days of receipt of the appeal, the Director of the structure of the Ministry of the Interior, in the territory of which the infringement is established or authorised by him/her shall send it together with the whole file to the appropriate District Court, as stated in the letter s″provoditelnoto and evidence in support of the appeals electronic data sheet, as well as information for the plot from the road with a description of the location and geographical coordinates the speed limit in force, under art. 21, the direction of movement of the vehicle, the location of the automated technical means, its type and Metrology verification carried out data. "
§ 9. Create art. 189, 189 (b), 189 c, 189 (d) and (e): 189
"Art. 189. (1) for the infringement committed by a road vehicle registered in another Member State of the European Union, when the offender has not been established, is performed automated search national databases for the registration of road vehicles in the relevant Member State of the European Union, in order to establish the owner of the vehicle to which the infringement was committed.
(2) after setting the owner of the vehicle to which the infringement was committed, shall be sent a notification letter on the pattern established by order of the Minister of the Interior.
(3) the notification letter in al. 2 must contain the following data:
1. the infringement;
2. the date, time and place of the offence;
3. the legal qualification of the offence;
4. the penalty for the infringement;
5. data for the instrument with which the infringement is established – in cases when this is used.
(4) notification under paragraph 1. 2 shall be drawn up in one of the official languages of the Member State of the European Union, where the vehicle is registered.
(5) with the notification letter in al. 2 a period shall be fixed by the owner within 60 days from the date of its receipt to pay the fine or to indicate the data on the person driving the vehicle with which the infringement was committed.
(6) the person referred to in paragraph 1. 5, referred to by the owner, the notification letter is sent under para. 2 for the infringement committed.
Art. 189b. The procedure under art. 189 (a) shall apply to the establishment of one or more of the following disorders:
1. the management of a vehicle under the influence of alcohol, drugs or other intoxicating substances;
2. switch on the signal light, which does not permit passage;
3. management of road vehicle on the road, covered with the tape placed over road traffic lights whistle-blowers on the prohibition of the use of the lane;
4. management of road vehicle in road traffic, only signalled the vehicles of regular public transport lines of passengers without the right to do so;
5. exceeding the authorised maximum speed;
6. movement in forcing bar Highway, without the right to do so;
7. use of mobile phone while driving a vehicle in addition to device enabling the use of the phone without the participation of arms;
8. failure to use a seat belt or helmet;
9. carriage of children in violation of the requirements for the use of child restraint systems.
Art. 189. in the performance of the automated search under art. 189 a, para. 1 personal data are processed in accordance with the provisions of the data protection act and the law on the Ministry of the Interior.
Art. 189. The national contact centre to facilitate the cross-border exchange of information regarding traffic offenses relating to road safety, in the Ministry of the Interior.
Art. 189 e. Minister of the Interior or an official authorised by him shall submit to the European Commission every two years a progress report on national activities to facilitate the cross-border exchange of information regarding traffic offenses. "
§ 10. In § 6 of the supplementary provisions shall make the following additions:
1. In paragraph 63 Add "or systems".
2. an item 65: "65." Automated technical means and systems "are devices for control, working alone or interconnected, approved and inspected in accordance with the law on measurements that establish and automatically capture the violations in the presence or absence of supervisory authority and can be:
a) stationary – attached to the Earth and serviced periodically by the supervisory authority;
b) mobile – attached to the vehicle or temporarily located on the stretch of road setting out the violation in the presence of a control body, which puts the start and end of the process. "
§ 11. Throughout the Act, the words "the Minister of regional development and Minister of regional development" are replaced with "Minister of regional development and public works" and "Minister of regional development and public works.
§ 12. This law introduces the requirements of: 1. Implementing directive 2014/37/EU of 27 February 2014, amending Directive 91/671/EEC on the compulsory use of safety belts and child restraint systems in vehicles (OJ L 59/32 of 28 February 2014).
2. Directive 2011/82/EC of the European Parliament and of the Council of 25 October 2011 to facilitate the cross-border exchange of information regarding traffic offenses related to road safety (OB, L 288/1 of 5 November 2011).
§ 13. The Minister of the Interior or an official authorised by him shall submit to the European Commission a comprehensive report on the progress of national activities to facilitate the cross-border exchange of information on offences under art. 189b within may 6, 2016.
§ 14. Interior Minister within three months of the entry into force of this Act issued the Ordinance under art. 165, para. 3.
§ 15. The provision of § 9 on art. 189 (e) shall enter into force on 7 may 2016.
The law was passed by the National Assembly-43 on 27 February 2015 and is stamped with the official seal of the National Assembly.
President of the National Assembly: Dimitar Dallimore