Law Amending And Supplementing The Law On Road Transport

Original Language Title: Закон за изменение и допълнение на Закона за автомобилните превози

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Name of law Law amending and supplementing the law on road transport of the Name Bill a bill amending and supplementing the law on road transport adopted 30/11/2012 number/year Official Gazette 99/2012 Decree No 419

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on road transport adopted by the National Assembly of the HLI 30 November 2012.

Issued in Sofia on December 10, 2012.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Diana Kovatcheva

LAW

amending and supplementing the law on road transport (official SG. 82 in 1999; amend., SG. 45 and 11 of 2002, 99/2003, no. 70 by 2004, no. 88, 92, 95, 102, 103 and 105 by 2005, issue 30, 85, 92 and 102 in 2006, issue 42, 80 and 109 from 2007. , PC. 102 by 2008, PCs. 93 2009 PCs. 41 of 2010, PC. 17 of 2011 and PCs. 38, 50 and 60 by 2012.)

§ 1. In art. 14 is hereby amended as follows:

1. In paragraph 8. 2 the words "certified" and "Certificate" shall be replaced respectively with "certificate" and "Licence".

2. in the Al. 3 the word "certificate" shall be replaced by "certificate".

§ 2. In art. 21, para. 2 create item 3 and 4:

"3. the bus stations, which provide assistance to persons with disabilities and of persons with reduced mobility;

4. the measures for the security of the transport of passengers by bus, which are provided by the owners of the stations. "

§ 3. In art. 23 al. 2 shall be amended as follows:

"(2) the carrier shall notify the district structure of an Executive Agency" automobile administration "of its intention to carry out the occasional carriage of passengers before the commencement of the carriage."

§ 4. In art. 24 in the word "requirements" shall be deleted, and after the word "persons" is added "with disabilities and persons with reduced mobility".

§ 5. In art. 37 Al is created. 4:

"(4) the carrier does not accept and does not carry baggage that does not belong to a passenger traveling on the bus."

§ 6. In art. 42 following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) where, in the performance of the carriage, for the applicable regulation (EC) No 181/2011 of the European Parliament and of the Council of 16 February 2011 on the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ, L 55/1 of 28 February 2011), hereinafter referred to as" Commission Regulation (EU) No 176/2010 ", has caused death or personal injury to a passenger , the maximum amount of compensation payable by the carrier on a case by case basis, is provided for in art. 7, paragraph 2, subparagraph (a) of that regulation. "

§ 7. In art. 45 Al is created. 4:

"(4) the maximum amount of compensation payable by the carrier for each event of loss or damage to luggage during transport, for which the applicable regulation (EC) No 181/2011, is provided for in art. 7, paragraph 2, point (b) of that regulation. "

§ 8. In art. 78, para. 1 the following endorsements are added:

1. In paragraph 1, add "and the European Agreement concerning the work of crews of vehicles engaged in international road transport done at Geneva on 1 July 1970 (ratified by law – SG. 28 of 1995) (official SG. 1995-99; amend., SG. 27 by 2012) ", hereinafter referred to as" AETR ".

2. In paragraph 2, after the words "Regulation 3821/85 shall be added" or "AETR".

§ 9. In art. 89 a, para. 4 item 1 is repealed.

§ 10. A chapter six ' a ' with art. 90 and 90 (b):

"Chapter six" a "

DEPLOYMENT AND USE OF INTELLIGENT TRANSPORT SYSTEMS IN THE FIELD OF ROAD TRANSPORT AND INTERFACES WITH OTHER TRANSPORT MODES

Art. 90. (1) the Minister of transport, information technology and communications to coordinate deployment and use of intelligent transport systems in the field of road transport and interfaces with other transport modes.

(2) to support the activities of the Minister of transport, information technology and communications in the Al. 1 creating a Council on intelligent transport systems, hereinafter referred to as "the Council".

(3) the Council, by al. 2 consists of a Chairman, Vice-Chairmen and members.

(4) the President of the Council under paragraph 1. 2 the Minister of transport, information technology and communications, and the Vice-Presidents are Deputy Minister for transport, information technology and communications, Deputy Minister of the Interior and Deputy Minister of regional development and public works.

(5) the members of the Council under paragraph 1. 2 representatives of the Ministry of transport, information technology and communications, the Ministry of regional development and public works, the Ministry of the Interior and the Ministry of economy, energy and tourism, defined by the relevant Ministers, representatives of the Agency "road infrastructure" of the Bulgarian Institute for Standardization, of the Commission for the protection of consumers, the Commission for the protection of personal data and of the National Association of municipalities in Republic of Bulgaria defined by their respective leaders.

(6) if necessary, the President of the Council under paragraph 1. 2 may invite to participate in its work representatives of other State bodies, bodies of local self-government, representatives of non-governmental organizations, of higher education institutions in the country and other interested parties, whose main activity is relevant to the intelligent transport systems.

(7) the Name of the Council composition under subsection. 2 shall be determined by order of the Minister of transport, information technology and communications.


(8) the Minister of transport, information technology and communications, in consultation with the Minister of the Interior and the Minister of regional development and public works shall issue rules of procedure for the Council's work under para. 2.

(9) the Department of transport, information technology and communications support the organizational and technical activities of the Council under paragraph 1. 2. (10) the Council, by al. 2:

1. assist the Minister of transport, information technology and communications in the exercise of his powers under para. 1;

2. prepare and adopt the national action plan for the deployment and use of intelligent transport systems and interfaces with other transport modes and monitor its implementation;

3. discuss and prepare a report with information on the progress of national activities and projects with regard to the priority areas for the use of specifications and standards for intelligent transport systems;

4. make proposals for changes in the legal regulation in the field of the deployment of intelligent transport systems;

5. make proposals to the Minister of transport, information technology and communications in connection with the effective implementation of legislation related to the deployment of intelligent transport systems;

6. giving opinions on regulations relating to intelligent transportation systems;

7. discuss other issues related to the deployment of intelligent transport systems.

(11) The decision of the Council under paragraph 1. 2 to it may create working groups to solve individual problems and tasks.

Art. (b) rules on 90. deployment and use of intelligent transport systems in the field of road transport and interfaces with other transport modes shall be determined by an Ordinance of the Council of Ministers. "

§ 11. In art. 91 and Al is created. 12:

"(12) automobile Administration Executive Agency" monitor the implementation of the obligations of carriers and drivers engaged in the carriage of passengers, and the owners and managers of the bus stations in Regulation (EC) No 181/2011, and is a national authority on the implementation of this regulation in accordance with art. 28 (1) of the regulation. "

§ 12. In art. 93 create al. 6, 7, 8 and 9:

"(6) driver who accept and/or transport baggage that does not belong to a passenger travelling on the bus, be fined $1000.

(7) a driver of a motor vehicle, which carried out the public transport or for own-account carriage of passengers or goods by vehicle is not carried out technical overview predp″ten, fined $500.

(8) a driver of a motor vehicle, which carried out the public transport or for own-account carriage of passengers or goods without predp″ten has passed a medical examination is punishable by a fine of up $500.

(9) in the event of a repeated offence under subsection. 7 and 8, the penalty is a fine of up $1000. "

§ 13. In art. 93 (b), para. 1, 2, 3, 4, 5, 6, 7 and 11, after the words "Regulation (EC) No 561/2006" a comma and add "in another legal act".

§ 14. In art. 93 in the following modifications are made:

1. In paragraph 8. 7, in the text before point 1, the words ' or driver card ' are deleted.

2. paragraph 17 is replaced by the following:

(17) a fine $1500. Guide for inspection by the supervisory authorities did not submit documents that are signed up the driving time, breaks and rest periods in the current day, and those of the previous 28 calendar days: 1. record sheets, and/or

2. the driver card (if it has one), and the records thereof, and/or

3. manual records and prints, and/or

4. the certificate referred to in art. 10, para. 1 of the Ordinance under art. 89, para. 1. "

§ 15. In art. 96 following amendments and supplements shall be made:

1. In paragraph 8. 1 item 4 shall be repealed.

2. Create a new para. 5 and para. 6:

"(5) a fine or penalty payment in the amount $1000:

1. you do not arrange for predp″tni technical inspections of road vehicles or allow or order the execution of public transport or for own-account carriage of passengers or goods by vehicle is not roadworthy or is not carried out predp″ten technical review;

2. you admit or order the performance of carriage of baggage on the bus without the issuance of a removal or carriage of baggage, which does not belong to a passenger travelling on the bus;

3. who does not arrange for the medical examination of drivers predp″tni or allow or order the execution of public transport or for own-account carriage of passengers or goods by drivers who have not passed the medical examination predp″ten.

(6) in the event of a repeated offence under subsection. 5 the penalty is a fine or penalty payment in the amount $3000. "

§ 16. In art. 96 in, al. 1, after the word "ton" is added "for which no certificates issued for the public transport of cargo or a certified true copy of the Community licence.

§ 17. In art. 98, para. 7, item 5 (b), after the word "theoretical" insert "and/or practical".

§ 18. In art. 102 following amendments and supplements shall be made:

1. In paragraph 8. the words "or avtospirka" are deleted.

2. a para. 6:

(6) the owner of the bus station, which does not implement the security measures of the transport of passengers by coach and bus referred to in the Ordinance under art. 21, para. 1 shall be punishable by a fine or a penalty payment in the amount $1000. "

§ 19. Create art. 104 b-104 (e):

"Art. 104 (b). The carrier who violates the provisions of Regulation (EC) No 181/2011, imposed financial penalties as follows: 1. for violation of art. 4 (2) of Regulation (EC) No 181/2011 – amounting to EUR 1000;

2. failure of art. 5 of Regulation (EC) No 181/2011 – amounting to EUR 3000;

3. for violation of art. 6 of Regulation (EC) No 181/2011 – amounting to EUR 3000;


4. for non-payment of the compensation in full, provided for in art. 7 (2) (a) of Regulation (EC) No 181/2011, in size 10 000 BGN.;

5. for non-payment of the compensation in full, provided for in art. 7, paragraph 2, point (b) of Regulation (EC) No 181/2011 – in the amount 2000 BGN;

6. for failure to ensure the necessary assistance in accordance with art. 8 of Regulation (EC) No 181/2011 – amounting to EUR 3000;

7. for violation of art. 9 of Regulation (EC) No 181/2011 – amounting to 5000 BGN;

8. for violation of art. 10, paragraphs 2-4 of the Commission Regulation (EU) No 181/2011 – amounting to 5000 BGN;

9. a breach of art. 10 (5) of Regulation (EC) No 181/2011 – in the amount 2000 BGN;

10. for violation of art. 11 (1) of Regulation (EC) No 181/2011 – amounting to 5000 BGN;

11. for violation of art. 11, paragraphs 2 and 4 of Regulation (EC) No 181/2011 – amounting to EUR 1000;

12. for violation of art. 11 (5) of Regulation (EC) No 181/2011 – in the amount 2000 BGN;

13. for violation of art. 13 of Regulation (EC) No 181/2011 – in the amount 2000 BGN;

14. for violation of art. 16 of Regulation (EC) No 181/2011 – in the amount 2000 BGN;

15. for non-payment of the compensation in full, provided for in art. 17 (2) of Regulation (EC) No 181/2011 – amounting to EUR 1000;

16. a breach of art. 17 (3) of Regulation (EC) No 181/2011 – amounting to EUR 500;

17. for non-payment of the compensation in full, provided for in art. 19 (2) of Regulation (EC) No 181/2011 – amounting to EUR 500;

18. for violation of art. 19 (3) of Regulation (EC) No 181/2011 – in the amount 2000 BGN;

19. for violation of art. 20, paragraphs 1 and 3 of Regulation (EC) No 181/2011 – amounting to EUR 1000;

20. for violation of art. 21 of Regulation (EC) No 181/2011 – amounting to EUR 1000;

21. for violation of art. 25 (1) of Regulation (EC) No 181/2011 – amounting to EUR 1000;

22. for violation of art. 26 of Regulation (EC) No 181/2011 – amounting to EUR 1000;

23. for violation of art. 27 of Regulation (EC) No 181/2011 – in the amount $1000.

Art. 104. at The driver of a bus that does not provide assistance to persons with disabilities or with reduced mobility in accordance with the provisions of Regulation (EC) No 181/2011, imposed a fine in the amount $500.

Art. 104. The Manager or the owner of the bus, who violates the provisions of Regulation (EC) No 181/2011, imposed a fine or penalty payment as follows: 1. the failure of art. 5 of Regulation (EC) No 181/2011 – amounting to EUR 3000;

2. a breach of art. 11 (1) of Regulation (EC) No 181/2011 – amounting to 5000 BGN;

3. for violation of art. 11, paragraphs 2 and 4 of Regulation (EC) No 181/2011 – amounting to EUR 1000;

4. for violation of art. 13 (1) of Regulation (EC) No 181/2011 – in the amount 2000 BGN;

5. for violation of art. 14 (5) of Regulation (EC) No 181/2011 – amounting to EUR 1000;

6. for violation of art. 16 of Regulation (EC) No 181/2011 – in the amount 2000 BGN;

7. for non-payment of the compensation in full, provided for in art. 17 (2) of Regulation (EC) No 181/2011 – amounting to EUR 1000;

8. for violation of art. 17 (3) of Regulation (EC) No 181/2011 – amounting to EUR 500;

9. a breach of art. 20, paragraphs 1 and 3 of Regulation (EC) No 181/2011 – amounting to EUR 1000;

10. for violation of art. 25 (1) of Regulation (EC) No 181/2011 – in the amount $1000.

Art. 104 e. For violations of the requirements of Regulation (EC) No 181/2011, for which no penalty is otherwise provided for, be imposed a fine or penalty payment $500. "

§ 20. In art. 106 a, para. 1, item 3 (b), after the word "random" is added "or specialized".

§ 21. In § 1 of the additional provisions are created that 40-42:

"40." intelligent transport systems "are systems in which apply information and communication technologies in the field of road transport, including infrastructure, vehicles and users, and in the management of traffic and mobility management, and for interfaces with other transport modes.

41. "interface" is a meždusistemno device, providing the means by which systems can connect and interact.

42. "disabled person" and "person with reduced mobility" are terms within the meaning of Regulation (EC) No 181/2011. "

Additional provision

§ 22. This law introduces provisions of Directive 2010/40/EC of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of intelligent transport systems in the field of road transport and for interfaces with other transport modes (OJ, L 207/1 of 6 August 2010) and ensure the application of Regulation (EC) No 181/2011.

Final provision

§ 23. (1) paragraphs 4, 6, 7, 11, 19 and § 21 regarding § 1, item 42 of the supplementary provisions shall come into force from 1 March 2013.

(2) paragraph 10 shall enter into force on the day of the promulgation of the law in the Official Gazette.

The law was adopted by 41-Otto National Assembly on 30 November 2012 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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