Decree No. 12/041 Of 02 October 2012 Regulating The Importation Of Vehicles In The Democratic Republic Of The Congo

Original Language Title: Décret  n° 12/041 du 02 octobre 2012 portant réglementation de l'importation des véhicules d'occasion en République Démocratique du Congo

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The Prime Minister, pursuant to the Constitution, such as modified and supplemented by the law n ° 11/002 of January 20, 2011 revision of certain articles of the Constitution of the Democratic Republic of the Congo from 18 February 2006, specifically in article 92;
Seen, as amended and completed to date, Act No. 009/73 of January 05, 1973, particular on trade;
Viewed Ordinance-Law No. 10/002 20 August 2010 on the Customs Code;
Having regard to the order No. 12/003 April 18, 2012, appointing a Prime Minister, head of Government;
Viewed Ordinance No. 12/004 of April 28, 2012, appointing Deputy Prime Ministers, Ministers, a Minister delegate and Deputy Ministers;
Having regard to Decree n ° 12/007 of June 11, 2012, on the Organization and functioning of the Government, practical modalities of cooperation between the President of the Republic and the Government as well as between members of the Government;
Viewed Ordinance No. 12/008 of June 11, 2012, determining the functions of departments;
Whereas it is necessary to prohibit the importation of more polluting vehicles and thus limit their harmful impact on the environment;
Whereas the number of traffic accidents due to the poor technical state and the dilapidated state of some vehicles and that befits, therefore, to reduce the average age of the fleet of the country, putting an end to the import of dangerous vehicles whose technical conditions do not meet the requirements of the Highway Code;
Whereas it is necessary to minimize the risk of accidents by improving the quality of vehicles admitted to circulation on the whole of the national territory;
On the proposal of the Minister of transport and pathways of Communication;
The Council of Ministers heard;
 ORDAINED: Article 1: the import of motor vehicles in the Democratic Republic of the Congo is subject to the provisions of this Decree.
Article 2: for the purposes of this Decree, pre-owned vehicle means any vehicle whose first putting into circulation occurred outside the Democratic Republic of Congo.
Article 3: All motor vehicles used to import in the Democratic Republic of the Congo, must meet the following conditions:-submit a satisfactory technical state, evidenced by a center of control of the country of origin;
-Have been put into circulation over a period not exceeding ten (10) years for personal-use vehicles (cars and buses of less than 10 seats);
-Have been put into circulation over a period not exceeding 7 (seven) years for utility vehicles other than heavy goods vehicles (vans and bus more 10 seats);
-Have been put into circulation over a period not exceeding ten (10) years for heavy goods vehicles.
Article 4: The importer of second-hand motor vehicles is required to submit the originals of the supporting documents above customs lead, after:-the receipt of registration or the gray card or, failing that, the certified copy thereof;
-The deed of cession legalized;
-The legalized certificate of roadworthiness tests provided for in article 2 above.
Article 5: In case of dispute or doubt on actual age or pre-owned vehicle technical condition, an automotive expert approved by the Minister of transport and Communication channels or sworn under the conditions it determines, is committed, by the customs administration, for the purpose of evaluation and, at the expense of the importer.
The report prepared by the expert for this purpose is disclosed on the record.