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 10/02/2011 number/year Official Gazette 17/2011 Decree No 31
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 10 February 2011.
Issued in Sofia on 18 February 2011.
The President of the Republic: Georgi Parvanov
Stamped with the State seal.
Minister of Justice: Margarita Popova
LAW
amending and supplementing the law on road transport (official SG. 82 in 1999; amend. and Suppl., no. 11 and 45 by 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 by 2009 and PCs. 41 of 2010.)
§ 1. In art. 3, al. 3 the words "classified information covered by professional secrecy and business secrecy" are replaced by "statistical secrecy within the meaning of art. 25, para. 1 of the law on statistics ".
§ 2. In art. 5, al. 1 finally added, "with the exception of the prices referred to in art. 24A, para. 5. "
§ 3. In art. 6, al. 3 make the following amendments and additions:
1. a new paragraph 2:
"2. the carriage of goods in motor vehicles or combinations of vehicles with a maximum permissible weight up to 3.5 tons, with the exception of services under the international treaties to which the Republic of Bulgaria is party shall be subject to authorisation;".
2. The former item 2, 3, 4, 5 and 6 shall become item 3, 4, 5, 6 and 7.
§ 4. In art. 7 make the following amendments and additions:
1. In paragraph 8. 1 the word "authorized" is replaced by "authorised".
2. in the Al. 2 item 4 is created:
"4. the establishment in the territory of the Republic of Bulgaria."
3. a para. 7:
(7) the requirement for establishment under para. 2, item 4 is satisfied when the trader is actually and permanently established within the territory of the Republic of Bulgaria. "
§ 5. In art. 7 and the following modifications are made:
1. Paragraph 3 is replaced by the following:
"(3) the Minister of transport, information technology and communications, in consultation with the Minister of health shall determine by regulation the modalities for conducting the predp″tnite medical examinations for drivers engaged in the public transport of passengers and goods or services for its own account."
2. in the Al. 4 the word "authorized" is replaced by "authorised".
§ 6. In art. 11 item 1 creates a letter "e":
"it is) have not been complied with deadlines for the submission of documents for proof of financial stability laid down in the Ordinance under art. 7, para. 3; ".
§ 7. In art. 12 (b) the following amendments and supplements shall be made:
1. In paragraph 8. 1:
a) a new paragraph 3:
"3. the loads with motor vehicles or combinations of vehicles with a maximum permissible weight up to 3.5 tons, with the exception of services under the international treaties to which the Republic of Bulgaria is a party, requires authorization;"
(b)) previous paragraph 3 and 4 shall become paragraph 4 and 5.
2. Al are created. 10 and 11:
(10) "carriage of goods for own account between the two points on the territory of the Republic of Bulgaria may not be performed with motor vehicles or combinations of vehicles with a permissible maximum weight exceeding 12 tonnes, unless the person on whose behalf the transport is carried out, holds the license for the operation of public transport of goods.
(11) the persons referred to in para. 1 are required to notify the Agency in writing automobile administration "that performed for own account transport of passengers or goods once, no later than the day of the commencement of the activity in the performance of the services."
§ 8. In art. 17 the following amendments and supplements shall be made:
1. In paragraph 8. 4, item 1 the words "and/or" shall be replaced by "and".
2. Al are created. 6 and 7:
"(6) where the route of the line from regional transport schemes coincides with the route of the line from Republican transport scheme in two or more stops, between the hours of departure from these stops must be a space.
(7) the intervals between the hours of departure under para. 6 and the intervals between the hours of departure on the lines of the national transport scheme, which are from the same direction, shall be determined by the Ordinance under art. 18. "
§ 9. In art. 19 the following amendments and supplements shall be made:
1. Create a new para. 2 and 3:
"(2) Transport by bus routes are awarded following a procedure under the law on concessions or public procurement Act and in accordance with Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council regulations (EEC) No 1191/96 and (EC) No 1107/70 of the Council (L 315/1 of 3 December 2007) where the contracting authority provides for compensation of carriers for costs incurred and/or grant them exclusive rights against the implementation of the public service obligation.
(3) there shall be no award of contracts under the conditions of art. 5 (4) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council regulations (EEC) No 1191/96 and (EC) No 1107/70 of the Council. "
2. the Previous para. 2 and 3 become respectively al. 4 and 5.
§ 10. In art. 23 and the Union "or" is replaced by "and/or".
§ 11. Art is created. 23 (b):
"Art. 23B. (1) the specialized, occasional and for own-account carriage of children and/or students are carried out by drivers who have at least two years professional experience as drivers of the bus and be aged not less than 25 years.
(2) Specialized, occasional and for own-account carriage of children and/or students are carried out by buses, which have issued a certificate to pass an additional examination to verify their equipment.
(3) the certificate referred to in para. 2 shall be issued by the persons under art. 148, para. 2 of the law on road traffic by the order of the Ordinance under art. 147, para. 1 of the same law. "
§ 12. Art is created. 23:
"Art. 23. in carrying out specialized, random and own-account of children and/or students, the contracting authority of the Transport Organizer, respectively, take measures to ensure their safe boarding and alighting from the vehicle. "
§ 13. In art. 24, para. 1 the words "5 seats ' shall be replaced by ' seven '.
§ 14. In art. 24 and Al are created. 5 and 6:
"(5) the municipal councils determine the maximum prices for taxi transportation of passengers for one kilometre distance under the relevant tariff, valid for the territory of the municipality, where the authorisation was granted by al. 1.
(6) the prices referred to in paragraph 1. 5 shall be updated at least once a year. "
§ 15. (B) article 24 is amended as follows:
"Art. 24B. The functional and technical requirements to be met by the fiscal memory of electronic taximeters, intended for registration and control of turnover from services with cars for taxi transportation of passengers, the introduction into operation, registration and control of the technical condition are determined by an Ordinance of the Minister of transport, information technology and communications and the Minister of finance. "
§ 16. In chapter three, section II is creating art. 24 in:
"Art. 24. The conditions and procedures for carrying out the transport of disabled persons with special vehicles shall be determined by an Ordinance of the Minister of transport, information technology and communications. "
§ 17. In chapter III section III is created with art. 24 d:
"Section Iii
Services with entertainment purpose
Art. 24. The mayors of municipalities determine the route of movement of vehicles and combinations of vehicles carrying out transport operations with the purpose of attraction of the territory of the respective municipalities as their routes of movement comply with established transport scheme and with safety. "
§ 18. In art. 28 para. 1 shall be amended as follows:
' (1) do not allow haulage by foreign carriers between two points on the territory of the Republic of Bulgaria, except where this is allowed under the international treaties to which the Republic of Bulgaria is a party, or where these services are performed by hauliers registered in Member States of the European Union, which opened its national market for such shipments for Bulgarian carriers. "
§ 19. In art. 29 (b) make the following amendments and additions:
1. The current text becomes paragraph 1 and the Union "or" is replaced by "and/or" and after the word "students" a comma and add "carried out by the Bulgarian carriers".
2. Al are created. 2, 3 and 4:
(2) "International Carriage of children and/or students, carried out by the Bulgarian carriers as well as own-account carriage of children and/or students, carried out with the motor vehicles with registration, shall be carried out by drivers who have at least 2 years professional experience as drivers of the bus and be aged not less than 25 years.
(3) the services under para. 2 shall be carried out by buses, which have issued a certificate to pass an additional examination to verify their equipment.
(4) the certificate referred to in para. 3 shall be issued by the persons under art. 148, para. 2 of the law on road traffic by the order of the Ordinance under art. 147, para. 1 of the same law. "
§ 20. In art. 56 following amendments and supplements shall be made:
1. The current text becomes paragraph 1.
2. a para. 2:
"(2) the Shipper or person making the loading shall be obliged to keep the mass of the laden vehicle shall not exceed the permissible maximum mass, reflected in his testimony for registration."
§ 21. In art. 78, para. 2 the first sentence after the words "c" the "h" is added.
§ 22. Article 88 shall be amended as follows:
"Art. 88. (1) the person referred to in art. 6, al. 1 and the head of the undertaking engaged in transport for own account, draw up a schedule of work for drivers engaged in the carriage of passengers by coach and bus lines with motor vehicles, which do not fall within the scope of Regulation (EC) No 561/2006 or the European Agreement concerning the work of crews of vehicles engaged in international road transport (ratified by law – SG. 28 of 1995) (SG. 99 of 1995), hereinafter referred to as "AETR".
(2) the information must contain the work schedules of drivers, and the timetable for their storage shall be determined by the Ordinance under art. 89, para. 1. "
§ 23. In art. 89 and the following modifications are made:
1. In paragraph 8. 2, paragraph 3, the words "with the manufacturers of tachographs which will be mounting or installation and repair, or appointed persons" shall be replaced by "to perform the installation or Assembly and repair of tachographs in compliance with the requirements of Regulation (EEC) No 3821/85.
2. in the Al. 4. (6) and (7) be amended:
6. documents for the education of the service technician to perform the installation or Assembly and repair of tachographs in compliance with the requirements of Regulation (EEC) No 3821/85, issued by the manufacturers of tachographs or by persons authorized by them or by the competent authorities of the Member States;
7. documents certifying the placement of equipment for checking and calibration of tachographs in compliance with the requirements of Regulation (EEC) No 3821/85, issued by the persons under item 6. "
§ 24. In art. 89 (b) make the following amendments and additions:
1. In paragraph 1, after the words "under art. 89, para. 4 "there shall be added" and of Council Regulation (EEC) No 3821/85.
2. In paragraph 2, the words "article. 91, para. 7 ' shall be replaced by "art. 91, para. 9. "
§ 25. In art. 91 following amendments and supplements shall be made:
1. In paragraph 8. 3 item 6 shall be amended as follows:
"6. to control the condition of the base material and the implementation of the academic documentation in training courses for guides to acquire an initial qualification and to improve their knowledge, organized under art. 7 in, al. 1; ".
2. in the Al. 5, the words "fixed by the Minister of transport, information technology and communications" shall be replaced by "up to 30 percent of the annual funds to wage".
3. Create a new para. 6 and 7:
"(6)" Executive Agency "automobile administration is an administrator on 20 percent of the revenue from the collected amounts more effective penal provisions, imposing fines or financial penalties. The funds are expended for capital investments to improve the material basis of the Executive Agency "automobile administration."
(7) the resources of the Al. 5 and 6 be expended upon approval by the Minister of transport, information technology and communications, on a proposal from the Executive Director of the Executive Agency "automobile administration."
4. The current paragraph. 6 it al. 8.
5. The current paragraph. 7 it al. 9 and in her words "para. 6 ' shall be replaced by "para. 8. "
6. The current paragraph. 8 it al. 10 and in her words "para. 6 ' shall be replaced by "para. 8. "
§ 26. Art is created. 91 in:
"Art. 91. the Transporters, the managers of the enterprises and persons performing mobile road transport for own account are required to keep at least one year after their completion and make available for inspection by the supervisory authorities:
1. the record sheets of analogue tachographs;
2. the information extracted from the memory of the digital tachograph and driver card;
3. travel sheets. "
§ 27. In art. 92 following amendments and supplements shall be made:
1. In paragraph 8. 1 to create the second and third sentences: "When the guide was drawn up act for breach of the regulation of the European institutions, of this law or of licences issued on the basis of it regulations, the control slip to his testimony for the Office takes and returns after the performance of his obligation under paragraph 1. 4. The Act replaces control coupon for up to one month from the service of his driver. "
2. in the Al. 2 the words "art. 96, para. 1, item 11, 12 and 13, para. 4 and 5 "are replaced by" article. 96, para. 4. "
3. in the Al. 3 the words "and the enforcement of the penalties imposed ' shall be deleted.
4. Al are created. 4-6:
"(4) the penalty imposed" fine "shall be paid within one month from the entry into force of the Decree.
(5) the criminal Decree and the decision or order of the Court on Appeal substituted control slip to the driving licence for a period of up to one month of their entry into force.
(6) upon payment of the fine imposed control stub otnetiât is returned to the driver. "
§ 28. In art. 93 following amendments and supplements shall be made:
1. In paragraph 8. 1:
(a)) in the text before paragraph 1, after the word "require" "is added by a regulation of the European institutions" and a comma;
b) in point 1, the words "of up to 500 ' shall be deleted.
2. paragraph 2 is replaced by the following:
"(2) a driver of a motor vehicle, which carried out the public transport or for own-account carriage of passengers and goods and is not present at the time of inspection the issued license, certified copy of the Community licence, authorisation, registration document or other documents that are required by a regulation of the European institutions, by this Act or the regulations for its implementation, shall be punished with fine $ 500."
3. Paragraph 4 is replaced by the following:
"(4) a driver who refuses to be examined by the inspection authority or body, shall be punished with fine $ 2,000."
4. in the Al. 5 the Union "or" is replaced by "and/or" and the words "in the dark" shall be replaced by ' outside the period of light ".
§ 29. In art. 93 and following amendments and supplements shall be made:
1. The current text becomes paragraph 1.
2. Al are created. 2-4:
"(2) That assigns his card issued for the installation or repair of tachographs, use foreign card for installation or repair, or fails to fulfil its obligations under art. 89 (b), item 3, shall be punished with fine 3000 BGN.
(3) failure to comply with the obligations under art. 89 (b), paragraph 1 or 2, the penalty is $ 5000 penalty.
(4) in the event of a repeated offence under subsection. 1, 2 or 3 of the punishment is a fine or penalty payment $ 10,000. "
§ 30. Create art. 93 b-93:
"Art. 93 (b). (1) a driver who does not conform to the requirements on the daily driving time, as defined in Regulation (EC) No 561/2006 or AETR in, be punished for exceeding the daily driving time:
1. to 1 hour – with a fine 100 BGN;
2. from 1 to 2 hours – with a fine 300 BGN;
3. over 2 hours-$ 1500 fine.
(2) a driver who does not conform to the requirements concerning weekly driving time, as defined in Regulation (EC) No 561/2006 or AETR in, be punished for exceeding the weekly driving time:
1. up to 4 hours – with a fine 100 BGN;
2. from 4 to 10 hours – with fine 500 EUR;
3. over 14 hours – with $ 1500 fine.
(3) a driver who does not comply with the requirements concerning the total driving time during any two consecutive weeks laid down in Regulation (EC) No 561/2006 or AETR in, be punished for exceeding driving time during any two consecutive weeks:
1 to 10 hours – with a fine 100 BGN;
2. from 10 to 22 hours and 30 minutes – with fine 500 EUR;
3. over 22 hours and 30 minutes – $ 1500 fine.
(4) a driver who does not comply with the requirements regarding the continuous driving time, as defined in Regulation (EC) No 561/2006 or AETR in, shall be punished for failure to comply with them:
1 to 30 minutes – with a fine 100 BGN;
2. from 30 to 90 minutes, with a fine 300 BGN;
3. over 90 minutes – $ 1500 fine.
(5) a driver who does not comply with the requirements concerning the interruption time, laid down in Regulation (EC) No 561/2006 or AETR in, shall be punished for failure to comply with them:
1. by 15 minutes – with a fine 50 BGN;
2. over 15 minutes – with a fine $ 100.
(6) a driver who does not conform to the requirements concerning normal daily rest period laid down in Regulation (EC) No 561/2006 or AETR in is punishable for reducing the time for regular daily rest period:
1. to 1 hour – with a fine 100 BGN;
2. from 1 to 2 hours and 30 minutes, with a fine 300 BGN;
3. over 2 hours and 30 minutes – $ 1500 fine.
(7) a driver who does not conform to the requirements on the reduced daily rest period laid down in Regulation (EC) No 561/2006 or AETR in is punishable for reduction of time for reduced daily rest period:
1. to 1 hour – with fine 200 BGN;
2. from 1 to 2 hours – with fine 500 EUR;
3. over 2 hours-$ 1500 fine.
(8) a driver who does not comply with the requirements regarding the split daily rest period laid down in Regulation (EC) No 561/2006 or AETR is punishable in, to reduce the time of the second period of the split daily rest period:
1. to 1 hour – with a fine 100 BGN;
2. from 1 to 2 hours – with a fine 300 BGN;
3. over 2 hours-$ 1500 fine.
(9) a driver who does not conform to the requirements concerning daily rest in multi-Manning, as defined in Regulation (EC) No 561/2006 or AETR in is punishable for reducing the time for the daily rest period in team management:
1. to 1 hour – with a fine 100 BGN;
2. from 1 to 2 hours – with a fine 300 BGN;
3. over 2 hours-$ 1500 fine.
(10) a driver who does not conform to the requirements on the reduced weekly rest period as defined in Regulation (EC) No 561/2006 or AETR in is punishable for reduction of time for reduced weekly rest period:
1. to 2 hours – with a fine 100 BGN;
2. from 2 to 4 hours – with fine 200 BGN;
3. over 4 hours – with $ 1000 fine.
(11) a driver who does not conform to the requirements on the normal weekly rest period laid down in Regulation (EC) No 561/2006 or AETR in is punishable for reducing the time for regular weekly rest period:
1. within 2 hours – with a fine 100 BGN;
2. from 3 to 9 hours and 30 minutes, with a fine 200 BGN;
3. over 9 hours – with a fine 1000 EUR
Art. 93. (1) the Driver who drives a motor vehicle fitted with tachograph, which does not function in accordance with the requirements laid down in Regulation (EEC) No 3821/85 or the AETR, be fined $ 500.
(2) a driver who drives a motor vehicle fitted with a digital tachograph, and does not conform to the requirements concerning the proper use of the driver card as defined in Regulation (EEC) No 3821/85 or the AETR, be fined $ 500.
(3) a driver who upon verification by the supervisory authorities do not provide prints, because of a lack of paper, is punishable by a fine $ 500.
(4) a driver who owns more than one valid driver card be fined $ 1500.
(5) a driver who uses a driver card issued to another person shall be punished with fine 1500 EUR
(6) a driver who uses a damaged driver card or card expired, be fined EUR 1500.
(7) a driver who uses dirty or damaged record sheets or driver card data:
1. read, be fined 100 BGN;
2. don't read, be fined $ 500.
(8) a driver who has not submitted an application for return or cancellation of damaged, malfunctions or is lost or stolen card driver within the time limit set in Regulation (EC) No 561/2006 or AETR in, be fined $ 100.
(9) a driver who without permission from the tachograph record sheet or driver card which:
1. the influence of recording of relevant data, be fined EUR 1500;
2. does not affect the recording of relevant data is punishable by a fine $ 200.
(10) a driver who uses the record sheet or driver card for a period longer than that for which it was intended, and that:
1. has led to the loss of data, be fined EUR 1500;
2. did not result in loss of data, shall be punished with fine $ 200.
(11) a driver who is not entered data concerning periods of "other work", "time available", "disconnect" or "daily rest period", when there is no possibility to use mounted on vehicle tachograph, therefore it is outside of the vehicle, shall be punished with fine 1500 EUR
(12) the driver in the team management has not placed the record sheet or driver card into the correct socket on the tachograph shall be fined $ 1500.
(13) a driver who has not provided the recorded on the record sheet time to match the official time in the country of registration of the vehicle, shall be punished with fine $ 200.
(14) a driver who is not using the correct escape mechanism of the tachograph shall be fined $ 500.
(15) a driver who is not filed on the record sheet:
1. the first name or last name, are fined 100 BGN;
2. the date of commencement or termination of the use of the sheet, shall be punished with fine 500 EUR;
3. the place of commencement or termination of the use of the sheet, shall be punished with fine 500 EUR;
4. the registration number of the vehicle, shall be punished with fine 500 EUR;
5. the reading of the odometer of the vehicle at the beginning of the use of the sheet, shall be punished with fine 500 EUR;
6. the reading of the odometer of the vehicle at the end of the use of the sheet, shall be punished with fine 500 EUR;
7. hours of a change of vehicle, be fined 100 pounds.
(16) a driver of a vehicle fitted with a digital tachograph, which introduced the character of the country in which it was started and completed the daily driving time shall be fined $ 100.
(17) a fine $ 1500. Guide for inspection by the supervisory authorities do not submit:
1. the tachograph sheets from the current day and those of the previous 28 calendar days;
2. the driver card (if it has one), and the records thereof;
3. manual records and prints made in the current day and the previous 28 calendar days.
(18) the guide who misrepresents, abscond or destroy data recorded on the record sheet or stored in a digital tachograph or on the driver card, or print-outs of the digital tachograph shall be fined $ 1500.
(19) the driver manipulates the tachograph, record sheet or driver card and this can lead to falsification of data, be fined $ 1500.
(20) the driver drives a vehicle fitted with a device for tampering with the data stored in the record sheet or stored in a digital tachograph or on the driver card, or print-outs of the digital tachograph shall be fined $ 1500.
(21) the leader who for the period during which the tahograf″t was faulty or was not fit for service:
1. not entered all the data for this period, shall be punished with fine 1500 BGN;
2. is not filled out the driver card number and/or name and/or driving licence number for driving a motor vehicle, be fined EUR 1500;
3. do not put your signature, shall be punished with fine $ 100.
(22) the driver in case of loss or theft of the driver card is not filed a formal notification to the competent authorities in the country in which the event has occurred, shall be punished with fine 500 EUR.
(23) the guide who carried out the public transport or for own-account carriage of passengers or goods by motor vehicles falling within the scope of Council Regulation (EEC) No 3821/85 or the AETR which are not equipped with a tachograph or mounted on motor vehicle tachographs are not of an approved type shall be fined $ 1500.
(24) For violating the driver associated with the improper use of record sheets or driver card which is not otherwise provided for punishment is a fine $ 500.
Art. 93. (1) The carrier or the person under art. 12 b, para. 1 carrying out own-account transport of passengers or goods, which give drivers additional compensation in the form of bonuses or salary supplements, linked to the distance covered or the amount of transported goods, and this leads to endangering safety and/or violating requirements of Regulation (EC) No 561/2006 or AETR, the penalty payment $ 3000.
(2) The carrier or the person under art. 12 b, para. 1 engaged in own-account, which are not all provided data from the tachograph driver card shall receive financial penalties representing 3000 BGN.
(3) The carrier or the person under art. 12 b, para. 1 engaged in own-account, that do not comply with the minimum age for driver, as defined in article 5, paragraph 2 of Regulation (EC) No 561/2006, shall receive financial penalties representing $ 1500. "
§ 31. In art. 94 following amendments and supplements shall be made:
1. In paragraph 8. 1, the words "of 500 to 1000 EUR" are replaced by "$ 700.".
2. in the Al. 2, after the word "fine" shall be inserted "or with a proprietary sanction", and the words "from 1000 to 2000 euro" shall be replaced by "EUR 1500."
3. a para. 3:
"(3) who does the taxi cost per kilometre run over the maximum specified by the City Council for the territory of the municipality, is punishable by a fine or penalty payment $ 3000. and the car be written off from the list of data for cars to certificate of registration for the carrying out of the taxi. "
§ 32. In art. 95 following amendments and supplements shall be made:
1. Paragraph 1 shall be amended as follows:
(1) a fine $ 500. a driver of a motor vehicle which:
1. is not fitted with a taximeter or speed limiter;
2. the taximeter is damaged or speed limiter;
3. the taximeter is not included;
4. the taximeter is razplombiran. "
2. in the Al. 3, after the words "EUR 3000." a comma and add "and the car be written off from the list of data for cars to the taxi passenger."
3. a para. 4:
"(4) Penalties under para. 1 shall be imposed and the leader who changed the testimony of the taximeter.
§ 33. In art. 96 following amendments and supplements shall be made:
1. In paragraph 8. 1:
(a)) in the text before point 1 after the Union "or" add "with", and the words "of up to 1500" shall be deleted;
(b) in item 1) Finally a comma and add "or with a motor vehicle, the driver of which is not provided with a certified copy of the Community licence";
c) in paragraph 3 the word "use" is replaced by "allow the performance of carriage without regularly issued or with";
d) items 5, 6 and 7 are deleted;
(e) in item 8) add "or that does not have a valid path ';
is) points 9, 10, 11, 12 and 13 shall be repealed.
2. in the Al. 2 the words "from 3000 to 6000 EUR" is replaced by "EUR 5000".
3. in the Al. 3:
a) in paragraph 1, the words ' from 3000 to 10 000 ' shall be replaced by "EUR 5000";
b) in paragraph 2, the words "of 10 000 to 20 000 ' shall be replaced by" 15 000 ".
4. Paragraph 4 is replaced by the following:
"(4) a fine or penalty payment 1500 EUR, which allow the performance of the carriage by motor vehicle that is not equipped with a speed limiter or by taximeter.
5. Paragraph 5 shall be repealed.
§ 34. In art. 96 and following amendments and supplements shall be made:
1. In paragraph 8. 1 the word "commit" is replaced by "order or allow the execution of" and the words "from 3000 to 10 000 ' shall be replaced by" EUR 5000 ".
2. in the Al. 2, the words "of 10 000 to 20 000 ' shall be replaced by" 15 000 ".
3. a para. 3:
"(3) a driver of a motor vehicle who performs the carriage of passengers on a bus in the form of occasional or specialized transport or carriage on own account, shall be punished with fine $ 500."
§ 35. In art. 96 (b) make the following amendments and additions:
1. In paragraph 8. 1 the words "children" shall be replaced by "children and/or ' and the words ' in the dark ' shall be replaced by ' outside the period of light".
2. Al are created. 3-7:
"(3) the contracting authority of the Transport Organizer, respectively, that does not ensure the safe entry and exit from the vehicle and/or students during special, incidental and transport on own account, shall be punished with fine or with a proprietary sanction 5000 leva.
(4) That allow or order the execution of specialized, random or for own-account carriage of children and/or students with drivers whose age is less than 25 years old, or with drivers who do not meet the requirement of 2 years of professional experience, is punished with a penalty 10 000 BGN.
(5) a penalty 10 000 BGN, which allow or order the execution of specialized, random or for own-account carriage of children and/or students with coaches, for which there is no certificate for categorization on system of international classification of buses for tourism on the International Road Transport Union (IRU) and/or certificate of pass further review for verification of their equipment.
(6) in the event of a repeated offence under subsection. 3 fine or pecuniary penalty is $ 10,000.
(7) in the event of a repeated offence under subsection. 4 or 5 shall receive financial penalties representing 20 000 LV. and it takes the license. "
§ 36. Art is created. 96 in:
"Art. 96. (1) in Which allow or order the execution of the transport of goods on own account with motor vehicles or combinations of vehicles with a permissible maximum weight exceeding 12 tonnes, shall be punished with a fine or penalty payment $ 1500.
(2) For failure to comply with the obligations under art. 12 b, para. 11 the punishment is a fine or penalty payment in the amount $ 500. "
§ 37. In art. 97 following amendments and supplements shall be made:
1. In paragraph 8. 1 the word "and" shall be deleted after the word "fine" shall be inserted "or with a proprietary sanction", and the words ' to 10,000 ' shall be deleted.
2. in the Al. 2, after the word "fine" shall be inserted "or penalty payment" and the words "up to 20,000" shall be deleted.
§ 38. Article 98 is amended as follows:
"Art. 98. (1) a fine or penalty payment of EUR 5000, which performs driver training for the acquisition of initial qualification or to improve their knowledge without a certificate of registration under art. 7 in, al. 1. (2) a fine or penalty payment $ 3000, which does not provide the inspection bodies under art. 91 the possibility of checking on the base material, and if you don't provide them to check all the documentation relating to the conduct of the training of drivers for the acquisition of initial qualification and to improve their knowledge.
(3) When the offence under para. 2 has been committed, the punishment is a fine or penalty payment $ 5000.
(4) a fine or penalty payment $ 3000. person under art. 7 in, al. 1 which:
1. order or allow the holding of a training of drivers for the acquisition of initial qualification or to improve their knowledge in violation of the terms and conditions set out in the documentation and in the Ordinance under art. 7 (b), para. 5;
2. order or allow the performance of driver training for the acquisition of initial qualification or to improve their knowledge:
(a)) in a room which does not meet the requirements laid down in the Ordinance under art. 7 (b), para. 5;
(b)) with a vehicle that does not meet the requirements laid down in the Ordinance under art. 7 (b), para. 5;
in) with a teacher who does not meet the requirements laid down in the Ordinance under art. 7 (b), para. 5;
(d)) of the school playground, which does not meet the requirements laid down in the Ordinance under art. 7 (b), para. 5.
(5) for the second offense under para. 4 punishment is a fine or penalty payment $ 5000. and the withdrawal of the issued certificate of registration.
(6) a fine or penalty payment $ 1000. person under art. 7 in, al. 1, received a certificate of registration who:
1. ensure the keeping of the register of drivers for acquisition of initial qualification or to improve their knowledge and documentation in accordance with the requirements of the school documentation under art. 7 (b), para. 3;
2. incorrect store register for recording drivers to acquire an initial qualification and to improve their knowledge as a result of which there has been loss, theft, or destruction of the registry.
(7) a fine $ 1500. Lecturer in theoretical and/or practical driver training for the acquisition of initial qualification or to improve their knowledge, that in conducting the training:
1. does not conform to the requirements of the school documentation for driver training for the acquisition of initial qualification or to improve their knowledge of art. 7 (b), para. 5;
2. the breach in the conduct of the documents;
3. do not enter data in a timely manner;
4. violate the defined daily workload of teachers;
5. the violation of:
and the daily workload of the trainees);
(b)) schedule for conducting theoretical training;
in) length of class hours.
(8) who violates the requirements to conduct driver training for the acquisition of initial qualification or to improve their knowledge and record-keeping requirements under related documentation for which no penalty is otherwise provided for, shall be punished with fine or penalty payment $ 500. "
§ 39. Art is created. 98:
"Art. 98. (1) a fine or penalty payment of EUR 5000, who carried out training of drivers of motor vehicles for the transport of dangerous goods or of the safety advisers for the transport of dangerous goods without authorization under art. 14 (a), para. 1. (2) a fine or penalty payment $ 3000, which does not provide the inspection bodies under art. 91 the possibility of checking on the base material, and if you don't provide them to check all the documentation relating to the conduct of the training of drivers of motor vehicles for the transport of dangerous goods or of the safety advisers for the transport of dangerous goods.
(3) When the offence under para. 2 has been committed, the punishment is a fine or penalty payment $ 5000.
(4) a fine or penalty payment $ 5000. and withdrawal of authorization under art. 14 (a), para. 1 person:
1. order or allow the holding of a training of drivers of motor vehicles for the transport of dangerous goods or of the safety advisers for the transport of dangerous goods in violation of the terms and conditions set out in the documentation of art. 14 (a), para. 2 and by the Ordinance under art. 14, para. 1;
2. order or allow the carrying out of training for drivers of motor vehicles for the transport of dangerous goods or of the safety advisers for the transport of dangerous goods:
(a)) in a room which does not meet the requirements laid down in the Ordinance under art. 7 (b), para. 5;
(b)) with a teacher who does not meet the requirements laid down in the Ordinance under art. 7 (b), para. 5;
c) teaching aids that do not comply with the requirements laid down in the Ordinance under art. 7 (b), para. 5.
(5) a fine $ 1500. teacher training for drivers of motor vehicles for the transport of dangerous goods or of the safety advisers for the transport of dangerous goods, which in the event of the class:
1. does not conform to the requirements of the school documentation under art. 14 (a), para. (2);
2. the breach in the conduct of the documents;
3. do not enter data in a timely manner;
4. violate the defined daily workload of teachers;
5. the violation of:
and the daily workload of the trainees);
(b)) schedule for conducting theoretical training;
in) length of class hours.
(6) who violates the requirements for conducting training of drivers of motor vehicles for the transport of dangerous goods or of the safety advisers for the transport of dangerous goods and requirements for record-keeping associated records that are not otherwise provided for punishment, is punishable by a fine or penalty payment $ 500. "
§ 40. Art is created. 98 (b):
"Art. 98 b. Shipper or person who performs loading, which allow the mass or axle load of a vehicle exceed the maximum authorised mass, reflected in his testimony for registration, shall be punished:
1. in the case of an overrun of up to a ton, with a fine or with a proprietary sanction 500 EUR;
2. in excess of more than one tonne to five tons – with a fine or with a proprietary sanction 1500 BGN;
3. in the event of an overrun with more than five tons, with a fine or with a proprietary sanction 5000 LEVs. "
§ 41. In art. 99 after the word ' fine ' shall be added "or with a proprietary sanction", and the words "from 1000 to 3000 BGN. ' shall be replaced by" EUR 2000 ".
§ 42. In art. 100 words "from 1000 to 5000 LEVs." shall be replaced by "EUR 3000".
§ 43. In art. 101 words "5 to 20 EUR" are replaced by "$ 10.", the words "of 20 to 50 euro" shall be replaced by ' EUR 30. ' and the words ' from 200 to 500 LEVs. "shall be replaced by" EUR 300 ".
§ 44. In art. 102 following amendments and supplements shall be made:
1. In paragraph 8. 1 the words "from 300 to 1000 leva." shall be replaced by ' 500 EUR ".
2. in the Al. 2, after the word "that" is added "is not secured or", and the words "of up to 500 ' shall be deleted.
3. in the Al. 4, the words "from 200 to 400 LEVs." shall be replaced by "EUR 300".
4. a para. 5:
"(5) The carrier does not provide or not provide his motor vehicle for public transport buses to stop at designated stops, including at bus stations and avtospirkite, a penalty payment $ 500."
§ 45. Article 103 shall be amended as follows:
"Art. 103. (1) the penalty payment $ 3000. to everyone who has ordered or allow the performance of the carriage of dangerous goods in contravention of the requirements of the European Agreement concerning the carriage of dangerous goods by road (ADR).
(2) a fine $ 3000. the leader who performs the transport of dangerous goods:
1. with the vehicle on which the type, constructive or additional equipment do not meet the requirements of the ADR;
2. a road vehicle registered in the Republic of Bulgaria, for which there are no issued by the Executive Agency "automobile administration" certificate of approval of road vehicles carrying certain dangerous goods;
3. a road vehicle registered outside the Republic of Bulgaria, for which there are no issued by a competent authority of the country concerned ADR registry certificate of approval of road vehicles carrying certain dangerous goods;
4. a road vehicle which is not intended for load carrying;
5. with the stock of road vehicles with more than one trailer;
6. is equipped with the necessary written instructions for cargo;
7. which are prohibited for carriage in accordance with ADR;
8. without a valid certificate for the carriage of dangerous goods.
(3) a fine 1000 EUR the leader who performs the transport of dangerous goods:
1. a corrupted drafty in here or tanker or container;
2. a road vehicle that is not equipped with fire-fighting equipment according to the requirements of ADR or they are faulty;
3. with the vehicle, which is not marked or labelled in accordance with the requirements of the ADR;
4. in the packaging without markings or danger labels in accordance with the requirements of ADR. "
§ 46. In art. 104 following amendments and supplements shall be made:
1. The current text becomes paragraph 1 and in her words "from 500 to 1500 EUR" is replaced by "EUR 1000".
2. Al are created. 2-13:
"(2) of the carrier or of a person referred to in art. 12 b, para. 1 engaged in own-account, which allow or prescribe the conduct of public transport or carriage on own account, by motor vehicles falling within the scope of Regulation (EEC) No 3821/85 or the AETR which are not equipped with a tachograph or mounted on motor vehicle tachographs are not of an approved type shall receive financial penalties representing 5000 leva.
(3) The carrier or the person under art. 12 b, para. 1 engaged in own-account, which do not have ensured the proper functioning of the recording equipment shall receive financial penalties representing 3000 BGN.
(4) of the carrier or of a person referred to in art. 12 b, para. 1 engaged in own-account, which provide or allow the carrying out of the carriage of passengers or goods by motor vehicle equipped with a digital tachograph, by a driver who does not hold a driver card shall receive financial penalties representing 3000 BGN.
(5) of the carrier or of a person referred to in art. 12 b, para. 1 engaged in own-account, which are not provided to the driver the information required pursuant to Regulation (EEC) No 3821/85, Regulation (EC) No 561/2006 or AETR shall receive financial penalties representing 2000 BGN.
(6) of the carrier or of a person referred to in art. 12 b, para. 1 engaged in own-account, which are not provided for drivers a sufficient number of record sheets and/or the tachograph sheets are not of an approved type shall receive financial penalties representing 3000 BGN.
(7) of the carrier or of a person referred to in art. 12 b, para. 1 engaged in own-account, which does not keep record sheets, printouts and extracted data from the digital tachograph driver card or for a period of 365 days or refused to make them available for inspection by the inspection authority or body shall receive financial penalties representing 5000 leva.
(8) of the carrier or of a person referred to in art. 12 b, para. 1 engaged in own-account, which spice up, conceal or destroy data recorded on the record sheet, stored in the digital tachograph driver card or printouts from the digital tachograph shall receive financial penalties representing 3000 BGN.
(9) of the carrier or of a person referred to in art. 12 b, para. 1 engaged in own-account, which manipulate the tachograph, record sheet or driver card which may lead to falsification of data, the penalty payment $ 1500.
(10) of the carrier or of a person referred to in art. 12 b, para. 1 engaged in own-account, in which the vehicle is found fitted device for tampering with the data stored in the record sheet, stored in the digital tachograph driver card or printouts from the digital tachograph shall receive financial penalties representing 5000 leva.
(11) of the carrier or of a person referred to in art. 12 b, para. 1 engaged in own-account, which do not provide drivers a sufficient amount of paper available for prints, a penalty payment $ 1000.
(12) of the carrier or of a person referred to in art. 12 b, para. 1 engaged in own-account, which are not provided by an approved repair service of tachograph or she was carried out of the way when within 7 days of the detection of the failure of the tachograph vehicle cannot come back in the undertaking shall receive financial penalties representing 3000 BGN.
(13) where the offence under para. 1, 2, 4, 7, 10 and 12 is committed reactivation penalty payment, the penalty is $ 8000. and the withdrawal of the authorisation to perform the carriage of passengers or goods on the territory of the Republic of Bulgaria or of the Community licence.
§ 47. Article 105 shall be amended as follows:
"Art. 105. (1) For violations of this law and the regulations issued pursuant thereto, with the exception of the requirements for the transport of dangerous goods for which no penalty is otherwise provided for, having a fine or penalty payment $ 200.
(2) for infringements of the requirements for the transport of dangerous goods for which no penalty is otherwise provided for, be imposed a fine or penalty payment $ 500. "
§ 48. (A) article 106 shall be amended as follows:
"Art. 106. (1) For suspension of the administrative offences the following compulsory administrative measures:
1. stop by the movement for a period of 6 months and determine the place for which the motor vehicle with the public transport of passengers or goods, without for him to have issued a certified copy of the Community licence or a certificate of public transport of passengers or goods, or is not included in the list to the registration certificate for taxi transportation of passengers;
2. stop from working for a period of 12 months and determine the place for which the motor vehicle is carried out again with public transport of passengers or goods, without for him to have issued a certified copy of the Community licence or a certificate of public transport of passengers or goods, or is not included in the list to the registration certificate for taxi transportation of passengers;
3. the temporary immobilisation of a vehicle, which shall be carried out: a) international carriage of passengers or goods, when the carriage is performed without a permit, which is required by virtue of bilateral international treaties to which the Republic of Bulgaria is a party to the payment of the fine imposed for the infringement committed and the issuing of a permit respectively in Bulgarian border post or elsewhere on the territory of the Republic of Bulgaria;
(b)) public transport of passengers by buses in the form of occasional services – to pay for security or to payment of a fine imposed for a criminal offence Ordinance;
in international freight) when the vehicle is operated by a driver, a citizen of a State which is not a member of the European Union, which does not meet the requirements of art. 7 (a), para. 4 – to pay for security or to payment of a fine imposed for a criminal offence Ordinance and providing the driver who is a national of a Member State of the European Union, or meets the requirements of art. 7, para. (4);
d) carriage of passengers or goods, when the offender has no domicile in the territory of the Republic of Bulgaria – to pay the criminal fine imposed by decree for the infringement committed;
4. the temporary withdrawal of the driving licence of the motor vehicle driver who has violated the rules of time management, outage management or relaxation – until it is used for vacation time or interruption;
5. suspension of the driving licence of the driver who has not fulfilled its obligation under art. 92, para. 4 – to the execution of the obligation to pay the criminal fine imposed by Decree.
(2) the imposition of compulsory administrative measures referred to in paragraph 1. 1 shall be carried out by the authorities in control through:
1. removing the front plate with the registration number and the withdrawal the document certifying the registration of the vehicle, in the cases referred to in para. 1, item 1, 2 and 3, the letters "b" and "c";
2. removing the front plate with the registration number and the withdrawal of her along with the document certifying the registration of the vehicle, and performance-related transport documents – in the cases referred to in para. 1, item 3, letters "a" and "d";
3. withdrawal of the driving licence of the motor vehicle and control coupon to it – in the cases referred to in para. 1, item 4 and 5;
4. determination of the nearest secure parking place for which the suspended motion of a vehicle; expenditure in connection with the domuvaneto of the vehicle of the paid secure parking are at the expense of the driver performed the carriage as the vehicle forfeited to pay those costs.
(3) in the cases referred to in para. 2, t. 1-3 registration plate, and the documents are seized with the drafting of the Act for the establishment of administrative violation.
(4) the amount of the security shall be fixed by the order of art. 107, para. 1 and cannot be larger than the maximum size of the penalty provided for the offence.
(5) after the completion of the administrativnonakazatelnoto production: 1. the security shall be transferred by the accumulation in the transit account of the State budget – when the amount of the fine imposed by the decree entered into force criminal fine is greater than or equal to the amount of security lodged;
2. the part of the security equal to the fine imposed shall be transferred by the accumulation in the transit account of the State budget, and the difference is transferred to the bank account specified by the offender – when the amount of the fine imposed by a final force criminal Decree fine is less than the amount of the security;
3. the financial guarantee is transferred to the bank account specified by the offender – cancellation of criminal decree entered into force the judgment.
(6) in the cases referred to in para. 1, item 1 and 2 of the motor vehicle owner can take the same from the parking lot designated as the place to which, upon payment of the fine imposed by the decree entered into force criminal fine and providing a repatriraŝ. "
§ 49. In § 1 of the additional provisions create t. 37, 38 and 39:
"37. ' carriage of children and/or students" is previously composed group of children and/or students with at least one attendant. Group with more than 10 children and/or students must be at least two chaperones.
38. "exclusive right", "compensation" and "the obligation to carry out a public service" are concepts within the meaning of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council regulations (EEC) No 1191/96 and (EC) No 1107/70 of the Council.
39. "Direction" is a collection of bus routes with at least two common stops and the length of the section between these stops at least 30 per cent of the length of each of the lines. "
§ 50. Paragraph 42 of the transitional and concluding provisions of the law amending and supplementing the law on road transport (SG. 85, 2006) is repealed.
Additional provision
§ 51. This law introduces the requirements of Directive 2009/5/EC of 30 January 2009 amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council on minimum conditions for the implementation of Council regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities (OJ, L 29/45 of 31 January 2009).
Transitional and final provisions
§ 52. The provisions of art. 6, al. 3, paragraph 1 and article. 12 b, para. 1, item 2 shall apply until 4 December 2011
§ 53. The provisions of § 3 on art. 6, al. 3, item 2 and § 4 on art. 7 shall enter into force on 4 December 2011
§ 54. The provision of § 7 on art. 12 b, para. 1, item 3 shall enter into force on 4 December 2011, and on art. 12 b, para. 10 shall enter into force two months after the date of the promulgation of the law in the Official Gazette.
§ 55. (1) the provisions of § 8 on art. 17, al. (6) and (7) shall apply from 1 January 2013.
(2) until 1 January 2013 at the Republican transportation scheme does not include new bus lines.
(3) the award of public contracts for the carriage of passengers by bus lines in the current at the date of entry into force of this law the national transport scheme after the entry into force of the law shall be concluded not later than 31 December 2012.
(4) contracts, with which it is entrusted with a public service obligation within 3 December 2009 remain in force under the conditions of art. 8, paragraph 3 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council regulations (EEC) No 1191/96 and (EC) No 1107/70 of the Council.
§ 56. The provisions of § 11 concerning art. 23 (b), para. 2 and 3 and § 19 concerning art. 29 (b), para. 3 and 4 shall apply from 1 January 2012.
§ 57. The provision of § 14 concerning art. 24A, para. (5) and (6) shall enter into force three months after the date of the promulgation of the law in the Official Gazette.
The law was adopted by 41-Otto National Assembly on 10 February 2011 and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva:
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