Law Amending The Law On Road

Original Language Title: Закон за изменение и допълнение на Закона за пътищата

Read the untranslated law here: http://parliament.bg/bg/laws/ID/10105/

Name of law
Law amending the Law on Road




Name Bill
Bill amending the Law on Road





Date of adoption
05/05/2011



Number / year Official Gazette
39/2011








DECREE № 99 Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Road Traffic Act adopted by HLI National Assembly on May 5, 2011
released in Sofia on May 12, 2011
President of the Republic, Georgi Parvanov
stamped with the state seal.
Minister of Justice Margarita Popova

Act amending the Road Traffic Act (prom. SG. 26 of 2000 .; amend., SG. 88 of 2000, No. . 111 of 2001, pcs. 47 and 118 of 2002, pcs. 9 and 112 in 2003, pcs. 6 and 14 in 2004, pcs. 88 and 104 of 2005, pcs. 30 36, 64, 102, 105 and 108 in 2006, pcs. 59 of 2007, pcs. 43 and 69 in 2008, pcs. 12, 32, 41, 42, 75, 82 and 93 of 2009 SG. 87 of 2010 and SG. 19 of 2011)
§ 1. In art. 1, para. 1 after the words "financing of roads" a comma and added "as well as the safety of road infrastructure."
§ 2. In art. 5 para. 1 make the following additions:
1. In the text before item. 1 after the word "roads" insert "(road infrastructure)."
2. In item. 1 after the word "range" is added "on the road".
§ 3. In art. 9 creates par. 6:
"(6) The control of organization of the movement and activities under par. 3 is performed by authorized officials of the control services of the Ministry of Interior and the owner of the road (street that is both a stretch of republican or municipal road) or the administration managing the road in accordance with the requirements specified by the ordinance under Art. 3, para. 3 of the Law on Road Traffic. "
§ 4. In art. 10a be made the following amendments:
1. In para. 5 text before item. 1 is amended as follows: "Upon payment of the vignette fee is issued valuable book called" vignette "which certifies the right to use the national roads, such as:".
2. In para. 12 after the words "Resolution CEMT / CM (2001) 9Final" a comma and added "Resolution CEMT / CM (2005) 9 FINAL, Resolution ITF / TMB / TR (2008) 12". 3
. A par. 13:
"(13) The Chairman of the Management Board of the Agency" Road Infrastructure "approved by Order layout of the various groups and types of vignettes. Order graphic layout of the different groups and types of vignettes for the year is published in the "Official Gazette" by 30 November of the previous year. "
§ 5. In art. 10c make the following changes and additions:
1. A new paragraph. 2:
"(2) Subject to paragraph. 1 from paying vignette be exempt individuals or families raising children with disabilities up to the age of 18 and until the completion of secondary education, but not later than 20 years old. "
2. Former para. 2 becomes para. 3.
§ 6. A Art. 10g:
"Art. 10g. For road vehicles, which carry combined transport within the meaning of Art. 56 of the Railway Transport Act, shall not be paid vignette is moved from the border to the nearest intermodal terminal and back if a particular shipment has been certified for domestic intermodal transport in the Republic of Bulgaria in a form approved by the Minister of Transport information technology and Communications. "
§ 7. In art. 20, para. 1, p. 1 after the word "development" is added "and safety management."
§ 8. In art. 21, para. 3 The following amendments and additions:
1. In pt. 5 after the word "design" is added "impact assessments and road safety audits for Road Safety" and a comma.
2. Section 7 is repealed. 3
. In item. 9, "and municipal" shall be deleted.
4. Created it. 17, 18 and 19:
"17. organizes the planning and assignment of assessing the impact on road safety and road safety audits for the relevant stage of planning of investment projects under implementation in trial operation of the road and its initial operation in the cases provided for in this Act;
18. approves plan for road safety and the reports of the auditors for road safety and take the appropriate decisions for each specific road infrastructure;
19. conduct periodic safety inspections of road infrastructure in order to check the characteristics related to road safety and establish inconsistencies with them that require the taking of measures to prevent accidents on the roads of the republican road network in the cases provided for in this law. "

§ 9. The title of Chapter V is amended as follows: "Construction, repair, maintenance and management of road infrastructure safety."
§ 10. Article 36a is repealed.
§ 11. created art. 36b - 36i:
"Art. 36b. (1) Managing the safety of road infrastructure includes the obligation to perform the following procedures: impact assessment of road safety audit of road safety, the safety management of the road network and periodic safety inspections awarded or performed by the agency.
(2) The procedures relating to the management of road infrastructure safety, apply to national roads (motorways and roads of first and second grade), which are part of the trans-European road network in the Republic of Bulgaria, whether they are in the stage of planning, design, construction or operation.
(3) administration managing the road may apply the requirements of paragraph. 1 national roads that are not part of the trans-European road network in the Republic of Bulgaria, and municipal roads.
Art. 36c. Assessing the impact on road safety for infrastructure projects must be carried out at the planning stage before approval of investment projects for road infrastructure or a substantial modification to the existing road network. Assessing the impact on road safety involves making strategic comparative analysis of the impact of new road or a substantial modification to the existing road network on the safety of the road network.
Art. 36d. The audit of road safety infrastructure project is an integral part of the investment its design and must be carried out in the following stages: prior coordination and approval of the investment project - conceptual and / or technical / business, at entry into the trial operation of the road and at his initial operation.
Art. 36e. (1) The auditor road safety must meet the following requirements:
1. possess a diploma from an accredited university with qualification "civil engineer";
2. have received training road safety program approved by the Minister of Regional Development and Public Works and the Minister of Transport, Information Technology and Communications; 3
. hold a certificate of qualification issued by universities accredited under the Higher Education Act and conducting training in "civil engineer", based on the passed training under p. 2 and successfully passed examination.
(2) The auditor under par. 1 no right to perform audits of infrastructure project in the event that was involved in its planning, design, construction or operation.
(3) auditors road safety undergo regular further training courses under conditions and procedures specified by the Minister of Regional Development and Public Works coordinated with the Minister of Transport, Information Technologies and Communications and Minister of Interior.
(4) The scope and content of impact assessment of road safety audit and road safety terms and conditions for their performance and for acquisition and recognition of professional qualifications of auditors for road safety are determined by the ordinance under para. 3.
Art. 36f. (1) The auditor road safety check compliance of the design characteristics of the infrastructure project with the requirements for road safety at every stage according to Art. 36d.
(2) Where inspection of the stage under par. 1 found that the design characteristics of the infrastructure project meet the requirements for road safety, the auditor prepares a report and endorsed with his signature design and / or executive documentation.
(3) Where inspection of the stage under par. 1 found that the design characteristics of the infrastructure project does not meet the requirements for road safety, the auditor prepares a report indicating dangerous and / or critical features of the project.
(4) The contracting authority is responsible for the removal of hazardous and / or critical features of the project before the end of the stage.
(5) The existence of conditions under par. 2 is the basis for the approval of projects and the introduction of the construction into operation under the Law on Spatial Planning.
Art. 36zh. (1) Before the conclusion of the audit, the auditor insure their professional liability for a particular object for damages caused to participants in the construction and / or third parties as a result of wrongful acts or omissions in or in connection with his duties.
(2) The insurance is concluded for the duration of the contract for audit and continuing its renewed until the completion of the audit. Non-renewal of insurance is grounds contracting authority to stop all payments due to the auditor or to terminate the contract for the audit.

(3) The terms and conditions of compulsory insurance of auditor under par. 1, including insurance coverage, excluded risks, minimum insurance amounts and premiums are determined by an ordinance of the Council of Ministers.
Art. 36z. (1) Agency "Road Infrastructure" by territorial units and relevant departments to control the traffic safety on the roads of the Ministry of Interior established and secured yearly areas with high concentration of traffic accidents.
(2) The bodies of para. 1 out categorization of road segments with high concentrations of accidents and road infrastructure safety at least once every three years based on the analysis carried out three inspections carried out by the operation of road infrastructure.
(3) The modalities and criteria for establishing and securing areas with high concentrations of accidents and to categorize road infrastructure safety are determined in accordance with Art. 14, para. 2 of the Law on Road Traffic. The ordinance shall determine the requirements to records compiled by the control services of the Ministry of Interior for each road accident occurred on road infrastructure and causing death.
(4) Road sections with a higher priority according to the list drawn up as a result of the categorization of road infrastructure with high concentrations of accidents and categorization of network safety ranking are evaluated by expert teams through on-site inspection by at least one member of the expert team shall meet the requirements of Art. 36e, para. 1 and 2.
Art. 36i. (1) Agency "Road Infrastructure" by the regional road offices conduct periodic inspections of roads in operation with a view to establishing road safety related features and prevent accidents, and to study the possible impact of roadworks on the safety of traffic flow . Inspections are carried out at least twice a year in order to ensure adequate safety levels for the specific road infrastructure.
(2) The terms and conditions for the establishment of an organization for traffic safety in carrying out construction work on the road infrastructure, the type and manner of placement of road markings, road signs, traffic lights and other means of signaling is determined by Ordinance under Art. 3, para. 3 of the Law on Road Traffic.
(3) The terms and conditions for the use of traffic lights, road signs, road markings and other means of signaling in organizing road open to the public shall be determined in accordance with Art. 14, para. 1 of the Law on Road Traffic.
(4) Control of the activities under par. 2 is performed by authorized officials of the control services of the Ministry of Interior and the Agency "Road Infrastructure". "
§ 12. In art. 50 be made the following amendments:
1. Paragraph 2 is amended as follows:
"(2) construction, repair and maintenance of municipal roads are funded with their own budgets, grants from the central budget and other sources."
2. A par. 3:
"(3) The municipalities fund programs to improve traffic safety on municipal roads."
§ 13. In art. 53 is amended as follows:
1. In para. 1:
a) the text before item. 1 is amended as follows: "punished with fine from 1000 to 5000 Levs, unless the act constitutes a crime, individuals who have violated the provisions of Art. 25, art. 26, para. 1, p. 1, letters "c" and "d", ie. 2 para. 2 and par. 4 and art. 41 or who carry out or arrange to be carried out the following activities: "
B) pt. 5:
aa) in point "a" words "outside urban areas and settlements without regulation plans" are deleted;
Bb) the letters "c" and "d" are repealed.
2. In para. 2 the words "500 to 3,000 lev" be replaced with "2,000 to 7,000 lev."
§ 14. In art. 54 para. 1 and 2 are amended as follows:
"(1) In violation of Art. 52 legal entities and sole proprietors shall be imposed proprietary sanction from 1000 to 5000 Levs and in violation of Art. 53 - up from 3000 to 8000 Levs.
(2) For repeated violation of Art. 52 property sanction ranging from 2,000 to 7,000 lev, and art. 53 - ranging from 4,000 to 12,000 lev. "
§ 15. § 1 of the Supplementary Provisions are created so. 21-30:
" 21. "Infrastructure project" is a project to build a new road infrastructure or a substantial modification (reconstruction, overhaul / rehabilitation) of existing road network which affects the traffic flow.
22. "Evaluation of the impact on road safety" is a strategic comparative analysis of the impact of new road or a substantial modification to the existing road network on the safety of the road network.

23. "Audit Road Safety" is an independent detailed systematic and technical safety check relating to the design characteristics of a road infrastructure project and covering all stages from planning to initial operation.
24. "Test operation" is the necessary technology within one month before implementation of the road in the operation to check the design features.
25. "Initial operation" is the necessary technology within one month after the introduction of road in the operation to check the design features in operating conditions.
26. "Categorisation of areas with a high concentration of accidents" is a method to identify, analyze and rank sections with high accident concentration of road infrastructure, which have been in operation for more than three years and that there have been a number of fatal accidents, in proportion to the traffic flow.
27. "Categorisation safety of road infrastructure" is a method for identifying, analyzing and classifying parts of the existing road network by targeting investments to the road sections with the highest accident concentration and / or ratio of costs and benefits is the highest (with highest potential) to reduce casualties.
28. "Safety inspection" is an ordinary periodical verification of the characteristics and defects that require maintenance work for reasons of safety.
29. "Road Safety" is a combination of design and performance of the national road infrastructure, providing safety for all road users.
30. "Individuals or families raising children with disabilities up to the age of 18 and until the completion of secondary education, but no later than age 20" are:
a) parent / parents (adoptive / adoptive parents);
B) family of homelands and relatives or a foster family in which children are placed under Art. 26 of the Law on Child Protection;
C) guardian in cases where both parents are unknown, deceased or deprived of parental rights. "
Additional provisions
§ 16. This Act introduces the requirements of Directive 2008/96 / EC European Parliament and of the Council of 19 November 2008 on the management of road infrastructure safety (OJ, L 319/59 of 29 November 2008).
§ 17. The requirements and procedures under this Act relating to the management of road infrastructure safety, do not apply to tunnels on national roads, which are part of the trans-European road network in the Republic of Bulgaria defined in Regulation № 1 minimum safety requirements in tunnels on national roads that coincide with trans-European road network in the Republic of Bulgaria (prom. SG. 34 of 2007 .; amend., SG. 58 of 2007 and No.. 102 2008).
Transitional and Final Provisions
§ 18. The provision of § 11 on Art. 36d comes into force on July 1, 2012
§ 19. Ordinance under Art. 36e, para. 3 is taken within three months after the entry into force of this Act.
§ 20. Ordinance under Art. 36zh para. 3 is taken within 6 months after the entry into force of this Act.
§ 21. In the Law on Road Traffic (prom. SG. 20 of 1999 amended .; .; pcs. 1 2000, pcs. 43 and 76, 2002, issue. 16 and 22 in 2003, pcs. 6, 70, 85 and 115 of 2004, pcs. 79, 92, 99, 102, 103 and 105 of 2005, pcs. 30, 34, 61, 64, 82 85 and 102 in 2006, pcs. 22, 51, 53, 97 and 109 of 2007, pcs. 36, 43, 69, 88 and 102 of 2008, pcs. 74, 75, 82 and 93 2009, pcs. 54, 98 and 100 of 2010, pcs. 10 and 19 in 2011) the following amendments:
1. In art. 100, para. 2 words "Art. 10, para. 2 "are replaced with" Art. 10, para. 1 pt. 1 ".
2. In art. 139, para. 5 the words "Art. 10, para. 2 "are replaced with" Art. 10, para. 1 pt. 1 ". 3
. In art. 177:
a) in para. 2 p. 1 shall be repealed;
B) a new paragraph. 3:
"(3) Who manages vehicle size, weight or axle load, which exceeds the standards set by the Minister of Regional Development and Public Works, without complying with the established order, shall be punished with fine from 1,000 to 5,000 lev "
C) the previous paragraph. 3 becomes para. 4 and in it the words "1500 lev" a comma and add "and for repeated offense under par. 3 penalty is a fine of 500 to 3,000 lev. "
4. In art. 178, para. 1, in the text before item. 1 the words "100 to 1,000 lev" is replaced by "from 2000 to 7000 Levs."
5. In art. 179:
a) Paragraph 3 is amended as follows:
"(3) A driver who drives a vehicle on the roads, which has not been paid vignette of art. 10, para. 1 pt. 1 of the road or the vehicle is stuck vignette sticker layout which is different from the approved, shall be fined as follows:

1. Management of vehicle intended for cargo, the Chamber of vehicles as well as vehicles of art. 10a para. 6 para. 3, 4 and 5 of the Roads Act 2 (two) and more axes which have a maximum mass twelve (12) or more tons - 3,000 lev .;
2. management of road vehicle designed to carry passengers with more than eight (8) seats excluding the driver or vehicle intended for the carriage of goods by two (2) axes and travel vehicles under Art. 10a para. 6 para. 3, 4 and 5 of the Roads Act 2 (two) axes or towing a trailer, which is not paid separate vignette, and / or having a maximum permissible mass less than twelve (12) tons - 1,500 lev .; 3
. Management of vehicle to carry passengers with eight seats excluding the driver - 600 lev;
4. Management of vehicle to carry passengers with 8 or fewer seats with the driver, motor vehicles for the transport of goods and / or vehicles for the transport of passengers and cargo, with a technically permissible maximum mass not exceeding 3.5 tonnes and vehicles of this group ORV - 300 lev "
B) a new paragraph. 4:
"(4) A driver who drives a vehicle on the roads which is paid vignette of art. 10, para. 1 pt. 1 of the road, less than the legally established for the category, shall be fined as follows:
1. management of road vehicle designed to carry goods, and the Chamber of vehicles as well as vehicles of art. 10a para. 6 para. 3, 4 and 5 of the Roads Act 2 (two) and more axes which have a maximum mass twelve (12) or more tons - 1,500 lev .;
2. management of road vehicle designed to carry passengers with more than eight (8) seats excluding the driver or vehicle intended for the carriage of goods by two (2) axes and travel vehicles under Art. 10a para. 6 para. 3, 4 and 5 of the Roads Act 2 (two) axes or towing a trailer, which is not paid separate vignette, and / or having a maximum permissible mass less than twelve (12) tons - 750 lev .; 3
. Management of vehicle to carry passengers with eight seats excluding the driver - 300 lev "
C) the previous paragraph. 4 becomes para. 5.
law was adopted by the 41 th National Assembly on May 5, 2011 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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