Name of law
Law amending the Law on Road




Name Bill
Bill amending the Law on Road





Date of adoption
09/09/2009



Number / year Official Gazette
75/2009







DECREE № 311
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 September 9, 2009
released in Sofia on September 11, 2009
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 and 42 of 2009)
§ 1. In art. 1, para. 2 pt. 1 after the word "Republican" insert "or municipal."
§ 2. In art. 3, para. 4 the words "the Minister of Transport and" are deleted.
§ 3. In art. 4 made the following amendments:
1. In para. 1 after the word "Republican" is added "and local".
2. In para. 2 after the word "Republican" is added "and local" and the word "urban" is replaced by "development".
§ 4. In art. 5 para. 6, after the word "Republican" is added "or local".
§ 5. In art. 6 para. 3 the word "urban" is replaced by "device".
§ 6. In art. 9, para. 4 words "National Agency" Road Infrastructure "are replaced by" Agency "Road Infrastructure".
§ 7. In art. 10, para. 6 word "transport" is replaced by "Finance and the Minister of Regional Development and Public Works."
§ 8. In art. 10a para. 5 pt. 4 words "National Agency" Road Infrastructure "are replaced by" Agency "Road Infrastructure".
§ 9. In art. 10e is amended as follows:
1. In para. 1 the words "National Agency" Road Infrastructure "are replaced by" the Agency "Customs".
2. In para. 2 words "management" Tolls and Permits "of the National Agency" Road Infrastructure "are replaced by" the Agency "Customs".
§ 10. In art. 19 is amended as follows:
1. In para. 1, p. 1, 'the National Agency "Road Infrastructure" are replaced by "Agency" Road Infrastructure ".
2. In para. 3 words "National Agency" Road Infrastructure "are replaced by" Agency "Road Infrastructure".
§ 11. Article 20 is amended as follows:
"Art. 20. (1) The Minister of Transport and Communications and Minister of Regional Development and Public Works:
1. implement state policy on development of road infrastructure;

2. Council of Ministers strategy for development of road infrastructure and the medium-term program for its implementation; 3
. submitted to the Council of Ministers draft laws and regulations governing the use and management of roads, according to their competences.
(2) The Minister of Transport and Communications maintains and develops international initiatives and conclude international agreements for the construction of sections of the trans-European road network in the country, including cross-border road links.
(3) The Minister of Regional Development and Public Works maintains and develops international initiatives conclude and enforce international agreements in the field of management, planning, construction and maintenance of national roads.
(4) The heads of the managing authorities of the Operational Programme "Transport" and OP "Regional Development" Operational conclude agreements with the Chairman of the Management Board of the Agency "Road Infrastructure" for the implementation of projects financed by the Operational Programme "Transport" operational program "regional development", the Cohesion Fund and the European regional development Fund of the European Union. "
§ 12. In art. 21 be made the following amendments:
1. Paragraph 1 shall be amended as follows:
"(1) The National Agency" Road Infrastructure "the Council of Ministers was transformed into Agency" Road Infrastructure "the Minister of Regional Development and Public Works."
2. Paragraph 2 is amended as follows:
"(2) The Agency" Road Infrastructure ", hereinafter referred to as" agency "is an entity secondary authorizing officer to the Minister of Regional Development and Public Works, with headquarters in Sofia and specialized units: regional road offices and the Central Institute of road technologies, national and European norms and standards. "
third. In para. 3:
a) paragraphs 12 and 13 shall be repealed;
B) in Item. 14 words "emergencies" are replaced by "Interior other competent authorities."
4. A par. 4:
"(4) The Minister of Regional Development and Public Works supervise the activities of the agency, such as:
1. approve the budget of the Agency;
2. approve the report on implementation of the budget of the Agency; 3
. supervise the implementation of the budget of the Agency within its competence;
4. adopt the annual report on the activities of the Agency;
5. perform other control functions within the powers provided for in a statutory instrument. "
§ 13. Article 21 is amended as follows:
" Art. 21a. (1) The Agency shall be managed by a management board.

(2) The Board consists of a Chairman and two members who have appropriate qualifications and experience in management, planning, construction and maintenance of road infrastructure or the management of public and corporate structures.
(3) The Agency shall be represented by the Chairman of the Management Board.
(4) The contracts with the Chairman and members of the Board are concluded, amended and terminated by the Minister of Regional Development and Public Works. "
§ 14. Article 21b is amended as follows:
" Art. 21b. (1) Chairman and member of the Management Board of the Agency can not be a person who:
1. It is under guardianship;
2. He has been convicted of a crime of general nature of imprisonment; 3
. a position or activities referred to in Art. 19, para. 6 of the Administration Act;
4. a related party within the meaning of the Commerce Act with a trader or a partner or shareholder in merchant who participate in public procurement procedures or concessions held by the Agency;
5. takes managerial or control position in a political party;
6. It is denied the right to conduct business;
7. not a Bulgarian citizen, a citizen of another country - EU member state to another state - party to the Agreement on the European Economic Area or the Swiss Confederation.
(2) The Chairman and members of the Board shall submit a declaration of no circumstances under par. 1 at the inauguration and ongoing every 6 months. Within three days of a change of circumstances declared person shall submit a declaration about it.
(3) Upon the occurrence of a circumstance which is incompatible with the requirements for the position under par. 1 contract of the person concerned shall be terminated. "
§ 15. Article 21c is amended as follows:
" Art. 21c. (1) The Board shall decide on:
1. organizing the distribution and spending of funds for implementation of activities related to the planning, construction, management and maintenance of national roads;
2. adoption of the draft budget of the Agency; 3
. to dispose or lease of properties and chattels - state property provided management agency;
4. proposals to the Minister of Regional Development and Public Works for changes to the list of national roads;
5. proposals for draft regulations governing the management, design, construction and maintenance of roads;
6. approval of technical specifications, technical guidance and methodological documents related to the construction, management, operation and maintenance of roads;

7. procurement for the design, construction, repair and maintenance of national roads, as well as project management, applied research and consultancy relating to the management of roads;
8. preparation of draft decisions for opening procedures for the concession of justification of a notice of documentation for participation and concession contracts concessions on national roads;
9. designing, adopting and providing the Minister of Regional Development and Public Works annually by 31 March of the annual activity report of the Agency for the previous year.
(2) The Board takes other decisions related to the operational management and operations of the agency.
(3) The Management Board takes decisions by a majority of its members.
(4) The rules for the Governing Board shall be approved by the Minister of Regional Development on the proposal of the Management Board. "
§ 16. Article 21d is amended as follows:
" Art. 21d. Chairman of the board of the agency:
1. organize the activities of the Agency;
2. appoint and dismiss employees of the agency; 3
. conclude procurement contracts for the design, construction, repair and maintenance of national roads, as well as project management, applied research and consultancy relating to the management of roads, following a decision of the board;
4. signed concession contracts for national roads and is a grantor thereof, including by performing control over the implementation of concession contracts;
5. conclude other contracts and agreements necessary for the agency's activities;
6. organizes and implements the decisions of the Governing Board;
7. address other issues provided by law, are not the exclusive competence of the board. "
§ 17. In art. 21e, para. 3 words "Prime Minister" shall be replaced with "the Minister of Regional Development and Public Works."
§ 18. In art. 21e is amended as follows:
1. In para. 1 the words "Executive Director" is replaced by "Governing Board".
2. In para. 2 words "by order of the Executive Director" is replaced by "by decision of the board."
§ 19. In art. 22, para. 1 the words "para. 2 "are replaced with" Art. 21, para. 2 ".
§ 20. In art. 24, para. 1, 'the Executive Director of the Agency after authorization by the Supervisory Board "be replaced by" a decision of the board of the agency. "
§ 21. In art. 26 is amended as follows:

1. In para. 3 in the text before item. 1, 'the Executive Director or a person authorized by him shall "be replaced by" Governing Board of the Agency or authorized by the board official from the agency. "
2. In para. 5 words "Executive Director" is replaced by "Governing Board".
§ 22. In art. 27 is amended as follows:
1. Paragraph 1 shall be amended as follows:
"(1) The Agency" Road Infrastructure "study traffic volume and controlling weight, axle weight and dimensions of vehicles by placing overs devices to account for these features to correctly operation of roads and prevented from destruction by collecting fees in excess of the limits. "
2. Paragraph 2 is repealed. 3
. In para. 3 words "National Agency" Road Infrastructure "are replaced by" Agency "Road Infrastructure" and the words "and 2" are deleted.
§ 23. In art. 36a para. 2 pt. 2, letter "a" words "Executive Director" is replaced by "Governing Board".
§ 24. In art. 38, para. 4 pt. 1, 'the Executive Director of the Agency "is replaced by" Governing Board of the Agency or authorized by the board official from the agency. "
§ 25. In art. 39, para. 2 words "order of the Executive Director of the Agency" is replaced by "decision of the board of the agency or order of the authorized board official from the agency."
§ 26. In art. 50 para. 1 is repealed.
§ 27. In art. 56 is amended as follows:
1. In para. 2 pt. 1, ' "Road Tolls and Permits" are replaced by "the Agency" Customs ".
2. In para. 3 pt. 1, 'the Executive Director or a person authorized by him shall "be replaced by" Governing Board of the Agency or authorized by the board official from the agency, respectively the director of Agency "Customs" or authorized by an official from the agency. "
§ 28. Everywhere in the law the words "Minister of Transport" are replaced by "the Minister of Transport, Information Technologies and Communications."
Transitional and Final Provisions
§ 29. (1) The appropriations from the budget of the National Agency "Road Infrastructure" the Council of Ministers transformed by this Act shall be transferred to the budget of the Ministry of Regional Development and Public Works.

(2) Agency "Road Infrastructure" the Minister of Regional Development and Public Works is the successor of assets, liabilities, rights and obligations, including rights and obligations under the contracts of the National Agency "Road Infrastructure" the Council of Ministers and the balance report the date of entry into force of this Act.
(3) labor relations with employees of the National Agency "Road Infrastructure" the Council of Ministers shall be settled under the terms and conditions of Art. 123 of the Labour Code, except those under par. 4.
(4) labor relations with employees of the "Road Tolls and Permits" at the National Agency "Road Infrastructure" the Council of Ministers shall be terminated upon the terms and conditions of Art. 328, para. 1 pt. 2 of the Labor Code of the entry into force of amendments to the Rules of Agency "Customs".
§ 30. The powers of the supervisory board, the executive director and deputy executive director of the National Agency "Road Infrastructure" the Council of Ministers shall be terminated from the date of entry into force of this Act.
§ 31. In the Law on Road Traffic (prom. SG. 20 of 1999 .; Amend. No.. 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, 80 , 82, 85 and 102 of 2006, pcs. 22, 51, 53, 97 and 109 of 2007, pcs. 36, 43, 69, 88 and 102 of 2008) the following amendments:
1. In art. 148B, para. 3 words "National Agency" Road Infrastructure "are replaced by" Agency "Road Infrastructure".
2. In art. 167, para. 3:
a) the second sentence is amended as follows: "The total weight, axle weight and dimensions of road vehicles are controlled by officials of the Agency" Customs "and" Road Infrastructure "with a view to proper operation of roads and protecting them from destruction. "
B) the third sentence: "Agency" Customs "carried out customs control over the carriers and monitor compliance of routes by carriers entering or leaving the country."
Law was adopted by the 41 th National Assembly on 9 September 2009 and is stamped with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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