Name of law
Law amending the Law on Road Traffic
Name Bill
Bill amending the Law on Road Traffic
Date of adoption
19/01/2011
Number / year Official Gazette
10/2011
Decree № 15 Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law on amending and supplementing the Law on Road Traffic adopted by HLI National Assembly on January 19, 2011 .
Released in Sofia on January 26, 2011
President of the Republic, Georgi Parvanov
stamped with the state seal.
Minister of Justice Margarita Popova
Law amending the Law on Road Traffic (prom. SG. 20 of 1999 .; Amend. No.. 1 2000 No.. 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 SG. 30, 34, 61, 64, 80, 82, 85 and 102 of 2006, pcs. 22, 51, 53, 97 and 109 of 2007, pcs. 36, 43, 69, 88 and 102 in 2008, pcs. 74, 75, 82 and 93 of 2009, pcs. 54, 98 and 100 of 2010)
§ 1. In art. 99, para. 1 is amended as follows:
1. In the first sentence, the word "short" is replaced by "paid and free."
2. The second sentence is deleted.
§ 2. In art. 165, para. 2 pt. 6, the word "and" is replaced by "and / or".
§ 3. In art. 167, para. 2 pt. 2 the word "short" is deleted.
§ 4. In art. 168, para. 1 word "and" is zamenya with "and / or".
§ 5. In art. 182 be made the following amendments:
1. In para. 1:
a) t. 1, '10 lev "is replaced by" 20 lev "
B) in item. 2 number "30" is replaced by "50";
C) pt. 4 the number "150" is replaced by "200" and the words "and one month disqualification from driving vehicle" shall be deleted;
D) pt. 5 the number "41" is replaced by "40", the number "200" is replaced by "300" and the words "two months deprivation of the right to drive a motor vehicle" shall be deleted;
E) pt. 6 the number "51" is replaced by "50", the number "250" is replaced by "350" and after the word "means" a comma and added "as for every 5 km / h exceeded over 50 km / h fine increased by 50 lev. "
2. In para. 2:
a) t. 1, '10 lev "is replaced by" 20 lev "
B) in item. 2 number "30" is replaced by "50";
C) in item. 3 the number "50" is replaced by "100";
D) pt. 4 the number "100" is replaced by "150" and the words "and one month disqualification from driving vehicle" shall be deleted;
E) pt. 5 the number "150" is replaced by "200" and the words "two months deprivation of the right to drive a motor vehicle" shall be deleted;
F) pt. 6 the number "51" is replaced by "50", the number "200" is replaced by "300" and the words "and 3 months disqualification from driving vehicle" is replaced by " as for every 5 km / h going over 50 km / h fine increased by 50 lev. " 3
. In para. 3:
a) t. 1, '10 lev "is replaced by" 20 lev "
B) in item. 2 number "30" is replaced by "50";
C) in item. 3 the number "100" is replaced by "150" and the words "and one month disqualification from driving vehicle" shall be deleted;
D) pt. 4 the number "200" is replaced by "250" and the words "two months deprivation of the right to drive a motor vehicle" shall be deleted;
E) pt. 5 the number "300" is replaced by "400" and the words "three months and deprivation of the right to drive a motor vehicle" shall be deleted;
F) pt. 6 the number "51" is replaced by "50", the number "400" is replaced by "500" and after the word "means" a comma and added "as for every 5 km / h exceeded over 50 km / h fine increased by 50 lev. "
4. Paragraph 4 is amended as follows:
"(4) Where an offense under par. 1, p. 1-5, para. 2 and par. 3 pt. 1-5 is repeated the punishment prescribed for the offense a fine of double the amount, and for repeated offense under par. 1, p. 6 and par. 3 pt. 6 - account for the violation fine double the amount and deprivation of the right to drive a motor vehicle for a period of three months. "
5. A par. 5:
"(5) Where an offense under par. 1, p. 4-6, para. 2 pt. 4-6 and par. 3 pt. 4-6 is a systemic, the driver shall be punished with account for the violation fine double the amount and deprivation of the right to drive a motor vehicle for a period of six months. "
§ 6. In art. 183 be made the following amendments:
1. In para. 2 t. 10 is canceled.
2. In para. 4 creates so. 12:
"12. operate a motor vehicle lane, signaled to move only vehicles of regular public transport of passengers, without being entitled to it. "
§ 7. In art. 188 be made the following amendments:
1. The previous text becomes para. 1.
2. A par. 2:
"(2) Where the offense is committed when driving a motor vehicle belonging to a legal entity provided under this Act penalty imposed on his legal representative or the person designated by him, which has provided management vehicle means. "
§ 8. In art. 189 be made the following amendments:
1. Create a new paragraph. 4, 5, 6, 7 and 8:
"(4) In case of violation, found and captured by technical means, in the absence of a supervisory body and the intruder is issued an electronic ticket for a fine in the amount specified for that infringement . The electronic ticket contains data for: the territorial structure of the Ministry of Interior in whose territory the offense, place, date, exact time of the offense, the registration number of the vehicle owner to whom the vehicle is registered, a description of offense violated provisions, the fine period account or place of its voluntary payment. The model of e-ticket is approved by the Minister of Interior.
(5) The electronic slip under par. 4 sent to the person under Art. 188, para. 1 or 2 by registered letter with acknowledgment of receipt. Within 14 days of receipt of the owner pays the fine or provided in the territorial structure of the Ministry of Interior a written declaration with data about the person who committed the offense and a copy of his license to drive a motor vehicle. The person referred to in the declaration are issued and sent electronic card under par. 4 for the infringement. Originally issued an electronic ticket is canceled.
(6) Within 7 days of receipt of the electronic ticket can make a written objection to the Director of the structure of the Ministry of Interior. The director considered the objection and assess the evidence within 7 days of receipt. Issued electronic coupon is canceled if the collected evidence is found that:
1. the vehicle was reported missing;
2. the offense is committed with a vehicle with special regime of movement.
(7) The Director of the Regional Directorate of the Ministry of Interior shall notify the owner of the vehicle, and when it was owned by a legal person - his legal representative, his decision under par. 6 in 7 days from the date of cancellation, respectively - the refusal to cancel the coupon.
(8) The electronic ticket is subject to appeal under the Administrative Violations and Penalties Act. The appeal against the electronic ticket is submitted within 14 days of its receipt, and an objection is raised under par. 6 - 14 days of notification of the refusal to cancel the slip. "
2. Created al. 9, 10 and 11:
"(9) Upon payment of the fine imposed by the electronic ticket within the period under par. 8 due to 70 percent of its size. The fine imposed by the electronic card that has been appealed and confirmed by the court, is due in full.
(10) enters into force electronic coupons that:
1. not subject to appeal;
2. not appealed within the period under par. 8; 3
. They appealed, but confirmed or modified by the court.
(11) entered into force electronic card is considered an effective penalty decree. "
Third. Former para. 4 becomes para. 12.
4. Former para. 5 becomes para. 13 and in it after the word "regulations" shall be added "and electronic coupons."
5. Former para. 6, 7 and 8 become par. 14, 15 and 16.
§ 9. In additional provisions be made the following amendments:
1. In § 1 a par. 4:
"(4) The Fund for Road Safety, managed by the Minister of Interior:
1. Fund for Road Safety received funds from fines for violations established by technical devices and systems, as well as funds from donations and other revenues provided by law;
2. the Fund shall be expended for activities under the control of traffic and improve road safety; 3
. arrangements for management of the Fund shall be determined by the Council of Ministers. "
2. In § 6 created t. 61 and 62:
"61. "Systematic" is the offense committed three or more times within one year from the entry into force of the first penal provision or the first electronic card with which the offender's punishment for the same offense.
62. "Electronic ticket" is an electronic statement recorded on paper, magnetic or other media created by administrative information system based on received and processed data breaches by automated technical means. "
Transitional and Final Provisions
§ 10. In the Law on Administrative Violations and Sanctions (prom. SG. 92 of 1969 .; amend., SG. 54 of 1978, No. 28 of 1982, pcs. 28 and 101 of 1983, pcs. 89 1986 SG. 24 of 1987, pcs. 94 1990 pcs. 105 of 1991, pcs. 59 1992 pcs. 102 1995, No. 12 of 1996 pcs. 110 of 1996 Nos. 11, 15, 59, 89 and 85 of 1998, pcs., 51, 67 and 114 of 1999, No. . 92 of 2000, pcs. 25, 61 and 101 of 2002, pcs. 96 2004 pcs. 39 and 79 of 2005, pcs. 30, 33, 69 and 108 of 2006 No.. 51, 59 and 97 of 2007, pcs. 12, 27 and 32 of 2009) the following amendments:
1. In art. 39 new paragraph. 4:
"(4) cases of administrative violations found and photographed with a technical device or system in the absence of a supervisory body and intruder when it is provided by law authorized control authorities may impose fines of over unchallengeable minimum under par. 2, which is issued an electronic ticket. "
2. In chapter three the name of the Section V shall be amended as follows: "Appeals of criminal warrants and electronic coupons." 3
. In art. 59:
a) in para. 1 the word "subject" is replaced by "the electronic coupon subject";
B) in para. 2, the second sentence: "The electronic ticket is subject to appeal within the prescribed traffic period."
C) in para. 3 after the word "regulations" shall be added "and electronic coupons."
4. In art. 60:
a) in para. 1 after the word "decree" is added "and the electronic coupon" and the word "him" is replaced by "them";
B) in para. 2 after the word "decree" is added "or appeals electronic card."
5. In art. 61, para. 1 after the word "decree" insert "or the electronic ticket."
6. In art. 63, para. 1 after the word "decree" insert "or the electronic ticket."
7. A Art. 85a:
"Art. 85a. As far as this law has no special rules for administrative penal process for violations established by a technical device or system under Art. 39, para. 4, the provisions of the Law on Road Traffic. "
8. After Art. 87 creates "additional provision" of § 1:
"§ 1. For the purposes of this Act" electronic ticket "is an electronic statement recorded on paper, magnetic or other media created by administrative information system based on received and processed data breaches by automated equipment or systems. "
9. In "Climate other laws" former § 1 becomes § 1a.
§ 11. For violations established before the enactment of this Act shall apply to the current order.
The law was adopted by the 41 th National Assembly on January 19, 2011 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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