Law Amending And Supplementing The Law On Roads

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

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Name of law Law amending and supplementing the law on roads Named Bill a bill amending and supplementing the law on roads of acceptance Date 09/09/2009 number/year Official Gazette Decree No 75/2009 311

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 traffic adopted by the National Assembly of the HLI 9 September 2009.

Issued in Sofia on September 11, 2009.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

amending and supplementing the law on roads (official SG. 26 of 2000; amend., 88/2000, 111/2001, and 47/118 of 2002, no. 9, 112 since 2003, issue 6 and 14 of 2004, no. 88 and 104 of 2005, no. 30, 36, 64, 102, 105 and 108 of 2006. , PC. 59 since 2007, PCs. 43 and 69 since 2008, PCs. 16, 32, 41 and 42 of 2009.)

§ 1. In art. 1, al. 2, paragraph 1, after the word "repub likanski" added "or municipal".

§ 2. In art. 3, al. 4, the words "the Minister of transport and ' shall be deleted.

§ 3. In art. 4 make the following amendments and additions:

1. In paragraph 8. 1, after the word "Republican" is added "and the municipal".

2. in the Al. 2, after the word "Republican" is added "and the municipal", and the word "Grado rules" shall be replaced by "rules".

§ 4. In art. 5, al. 6, after the word "Republican" is added "or municipal".

§ 5. In art. 6, al. 3 the word "City" is replaced by "spatial".

§ 6. In art. 9, para. 4, the words "national agency" road infrastructure "shall be replaced by" agency "road infrastructure".

§ 7. In art. 10, para. 6 the word "transport" is replaced by "Finance and Minister of regional development and public works.

§ 8. In art. 10A, al. 5, paragraph 4, the words "national agency" road infrastructure "shall be replaced by" agency "road infrastructure".

§ 9. In art. 10 has the following modifications are made:

1. In paragraph 8. 1 the words "national agency" road infrastructure "shall be replaced by" Customs Agency.

2. in the Al. 2, the words "management" and "permits the national agency" road infrastructure "shall be replaced by" Customs Agency.

§ 10. In art. 19 is hereby amended as follows:

1. In paragraph 8. 1, item 1, the words "national agency" road infrastructure "shall be replaced by" agency "road infrastructure".

2. in the Al. 3 the words "national agency" road infrastructure "shall be replaced by" agency "road infrastructure".

§ 11. Article 20 is amended as follows:

"Art. 20. (1) the Minister of transport, information technology and communications and the Minister of regional development and public works:

1. carry out the State policy for the development of road infrastructure;

2. the offer of the Council of Ministers strategy for development of the road infrastructure and the medium-term programme for its implementation;

3. submit to the Council of Ministers drafts of laws and regulations governing the use and management of highways, according to their competences.

(2) the Minister of transport, information technology and communications supports and develops international initiatives and conclude international agreements for the construction of sections of the trans-European road network in the territory of the country, including for cross-border road links.

(3) the Minister of regional development and public works maintains and develops international initiatives, and ensure the implementation of international treaties in the field of management, planning, construction and maintenance of roads, the Republican.

(4) the heads of the managing authorities of operational programme "transport" and the operational programme "regional development" concluded operational 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 programme" regional development ", the Cohesion Fund and the European Fund for regional development of the European Union."

§ 12. In art. 21 the following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

(1) the national road infrastructure Agency at the Council of Ministers is converted to road infrastructure Agency to the Minister of regional development and public works. "

2. paragraph 2 is replaced by the following:

(2) Agency "road infrastructure", hereinafter referred to as "the Agency", is a legal entity, the authorising officer subordinate to the Minister of regional development and public works, headquartered in Sofia and with specialized units: regional travel offices and Central Institute of road technology, national and European norms and standards. "

3. in the Al. 3:

a) points 12 and 13 shall be repealed;

(b) in paragraph 14), the words "emergency situations" are replaced by "Interior, other competent bodies".

4. a para. 4:

"(4) the Minister of regional development and public works carries out control over the Agency's activities, such as:

1. Approves the budget of the Agency;

2. adopts the report on the implementation of the budget of the Agency;

3. supervise the implementation of the budget of the Agency in the framework of its competencies;

4. adopt the annual report on the activities of the Agency;

5. carry out and other control functions within the framework of its powers as provided for in the Act. "

§ 13. Article 21a shall be replaced by the following:

"Art. 21. (1) the Agency is governed by a Board of Directors.


 (2) the Management Board shall be composed of a Chairman and two members who are suitably qualified and professional experience in the field of management, planning, construction and maintenance of road infrastructure or in the management of public and corporate structures.

(3) the Agency shall be represented by the Chairman of the Management Board.

(4) contracts with the President and members of the Management Board shall conclude, amend and terminate by the Minister of regional development and public works. "

§ 14. (B) article 21 shall be amended as follows:

"Art. 21 (b). (1) the Chairman and member of the Management Board of the Agency may not be a person who:

1. is placed under guardianship;

2. is convicted of an indictable offence deliberately to imprisonment;

3. position or activity under art. 19, para. 6 of the law on Administration;

4. the person is associated within the meaning of the commercial code with a trader or a partner or shareholder in the trader involved in the procedures for public contracts or concessions, conducted by the Agency;

5. borrow a steering or controlling position in a political party;

6. is deprived of the right to be carried out commercial activities;

7. There is no Bulgarian citizen, a citizen of another Member State of the European Union, the other State party to the agreement on the European economic area, Switzerland or the Swiss.

(2) the Chairman and the members of the Management Board shall submit a declaration of the absence of the circumstances under para. 1 when taking up their duties and currently every 6 months. Within three days from the date of change of the declared circumstances the person submits a declaration.

(3) in the event of a circumstance which is incompatible with the requirements for taking up his duties in al. 1, the contract of the person concerned shall be terminated. "

§ 15. Article 21 shall be amended as follows:

"Art. 21. (1) the Management Board shall decide on:

1. organisation of the distribution and spending of the funds for the implementation of the activities in the planning, construction, management and maintenance of the Republican roads;

2. adoption of the draft budget of the Agency;

3. making the conclusion of transactions or rental of property and possessions – State property, submitted to administration of the Agency;

4. proposals to the Minister of regional development and public works for changes to the list of Republican pathways;

5. proposals for draft regulations governing the management, design, construction and maintenance of roads;

6. approval of the technical specifications, the technical guidelines and methodological documents relating to the construction, management, operation and maintenance of roads;

7. award of public contracts for the design, construction, repair and maintenance of roads, Republican as well as project management, scientific and applied research and consulting related to the management of roads;

8. preparation of draft decisions for the initiation of procedures for the granting of the concession, the justification of a notice of participation and documentation of concession contracts for concessions of national roads;

9. the drafting, adoption and provide to the Minister of regional development and public works annually by 31 March at the annual activity report of the Agency for the previous year.

(2) the Management Board shall take and other decisions related to the operational management and the activities of the Agency.

(3) the Management Board shall take its decisions by a majority of its members.

(4) the rules for the work of the Governing Board shall be approved by the Minister of regional development and public works, on a proposal from the Management Board. "

§ 16. Article 21 shall be amended as follows:

"Art. 21. The Chairman of the Management Board of the Agency:

1. organizes the activities of the Agency;

2. shall appoint and dismiss employees of the Agency;

3. shall conclude the contracts for the design, construction, repair and maintenance of roads, Republican as well as project management, scientific and applied research and consulting related to the management of roads, following a decision by the Governing Council;

4. enter into concession contracts for national roads and represents the grantor by them, including by monitoring the execution of the concession contracts;

5. conclude other contracts and agreements necessary for the operation of the Agency;

6. organizing and enforcing the decisions of the Governing Board;

7. resolves other issues provided for in the law that are not within the exclusive competence of the Board. "

§ 17. In art. 21 (e), para. 3 the words "Prime Minister" is replaced with "Minister of regional development and public works.

§ 18. In art. 21 is the following modifications are made:

1. In paragraph 8. 1 the words "Executive Director" shall be replaced by "Governing Board".

2. in the Al. 2, the words "by order of the Executive Director" shall be replaced by ' by a decision of the Governing Council ".

§ 19. In art. 22, para. 1 the words "para. 2 "are replaced by" article. 21, para. 2. "

§ 20. In art. 24, para. 1, the words "by the Executive Director of the Agency after authorization from the Supervisory Board" shall be replaced by ' by a decision of the Governing Board of the Agency ".

§ 21. In art. 26 the following modifications are made:

1. In paragraph 8. 3 in the text before point 1, the words "the Executive Director of the agency or the authorized officer" shall be replaced by "the Management Board of the Agency, or by a person authorized by the Governing Council, an official of the Agency".

2. in the Al. 5, the words "Executive Director" shall be replaced by "Governing Board".

§ 22. In art. 27 the following modifications are made:


1. Paragraph 1 shall be amended as follows:

"(1) the Agency shall examine the intensity of movement and control weight, axle load and dimensions of road vehicles through the deployment of specific locations of the devices of the account of these characteristics, with a view to the proper operation of the roads and protecting them from destruction by collecting fees when limit values are exceeded."

2. paragraph 2 is repealed.

3. in the Al. 3 the words "national agency" road infrastructure "shall be replaced by" agency "road infrastructure", and the words "and (2)" are deleted.

§ 23. In art. 36 a, para. 2, item 2 (a), the words "Executive Director" shall be replaced by "Governing Board".

§ 24. In art. 38, para. 4, paragraph 1, the words "the Executive Director of the Agency" shall be replaced by "the Management Board of the Agency, or a person authorized by the Governing Council, an official of the Agency".

§ 25. In art. 39, para. 2 the words "order of the Executive Director of the Agency" shall be replaced by "decision of the Management Board of the Agency, or a person authorized by an order of the Board official of the Agency".

§ 26. In art. 50 al. 1 is repealed.

§ 27. In art. 56 the following modifications are made:

1. In paragraph 8. 2, item 1, the words "management" and permits "shall be replaced by" Customs Agency.

2. in the Al. 3, item 1 the words "the Executive Director of the agency or the authorized officer" shall be replaced by "the Management Board of the Agency, or by a person authorized by the Governing Council, an official of the Agency, respectively by the Director of the customs agency or the authorized official of the Agency".

§ 28. Everywhere in the law the words "Minister of transport" shall be replaced by the words "the Minister of transport, information technology and communications.

Transitional and final provisions

§ 29. (1) appropriations from the budget of the National road infrastructure Agency at the Council of Ministers, converted by this Act shall be transferred on the budget of the Ministry of regional development and public works.

(2) Agency "road infrastructure" to the Minister of regional development and public works is a successor of the assets, liabilities, rights and obligations, including the rights and obligations under the contracts the National road infrastructure Agency at the Council of Ministers and the balance on the date of entry into force of this law.

(3) employment relationships with employees in the National road infrastructure Agency at the Council of Ministers shall be governed under the conditions and by the procedure of art. 123 of the labour code, with the exception of those referred to in para. 4. (4) employment relationships with employees of Government tolls and permits "in the National road infrastructure Agency at the Council of Ministers shall be terminated under the conditions and by the procedure of art. 328, para. 1, item 2 of the labour code of the entry into force of the amendments to the rules of procedure of the Customs Agency.

§ 30. The powers of the Supervisory Board, the Executive Director and the Deputy Executive Directors of the National road infrastructure Agency at the Council of Ministers shall terminate as of the date of entry into force of this law.

§ 31. The law on road traffic (official SG. 20 of 1999; amend., no. 1 of 2000 and 43/76 of 2002, no. 16 and 22 of 2003, issue 6, 70, 85 and 115 of 2004, no. 79, 92, 99, 102, 103 and 105 by 2005, issue 30, 34, 61, 64, 80, 82, 85 and 102 in 2006. , PC. 22, 51, 53, 97 and 109 from 2007, PCs. 36, 43, 69, 88 and 102 by 2008.) make the following changes and additions:

1. In art. 148 in, al. 3 the words "national agency" road infrastructure "shall be replaced by" agency "road infrastructure".

2. In art. 167, para. 3:

a) the second sentence shall be replaced by the following: "total mass, axle loads and dimensions of road vehicles are controlled by officials of the Customs Agency and the Agency" road infrastructure with a view to the proper operation of the roads and protecting them from destruction. ";

(b) the third sentence shall be inserted): "Customs Agency carries out customs control on the carriers and monitor compliance with the routes of carriers entering or leaving the country."

The law was adopted by 41-Otto National Assembly on September 9th 2009 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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