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Amendments To The Highway Traffic Act

Original Language Title: Grozījumi Ceļu satiksmes likumā

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The Saeima has adopted and the President promulgated the following laws: the amendments to the Highway Traffic Act to make the Highway Traffic Act (the Latvian Saeima and the Cabinet of Ministers rapporteur, 1997, nr. 22; 2000, 3, 14, 15; 2001, nr. 6. No; 2003, no. 17) the following amendments: 1. Replace the entire law, the word "inspection" (fold) with the word "agency" (the fold) and the words "Latvian road Directorate" (folds) – with the words "Latvian state roads" (fold).
2. in article 1: to make paragraph 10 the second sentence as follows: "this term does not apply to persons who carry out work on the roadway, and to traffic regulators;";
Express points 11 and 12 as follows: ' 11) motor vehicle: self-propelled vehicle, implements, running on a road under its own power, other than a moped and track transport means, as well as trolley;
12 — two-wheel moped), three or four-wheeled vehicle with an engine capacity of less than 50 cubic centimetres (positive-ignition engines type) or with a maximum capacity of not more than 4 kW (electric motors or other internal combustion type engines) and a maximum design speed not exceeding 45 kilometers per hour; "
make paragraph 15 as follows: ") 15 operational vehicle: a motor vehicle to which the assigned operational vehicle status and who participate in road traffic with flashing blue or blue and red flashing light and turn on special sound signal;";
to supplement the article with 23.1 points as follows: "231) mobile worker: a person who drives a vehicle or located in order to perform the carriage of passengers or goods for hire or reward or own transport of the natural or legal person on behalf of whom it employs;";
Express 31 and 32 as follows: "31) bus, a motor vehicle intended for travel on the road with an external power source;
32) bike — vehicle intended for driving through on its existing human muscle power (except in the wheelchair). The bike can be equipped with auxiliary power units, with a capacity of not more than 0.25 kW; ".
3. in article 4: turn off the second paragraph, the words "and, under the authority and supervision of the institutions or companies";
make the third paragraph as follows: "(3) the Ministry of transport organized and coordinated by the national policy development and implementation, as well as by the State supervision over laws and other normative acts observance of road traffic safety. Traffic Minister issued by road security legislation. ";
Supplement fifth subparagraph following the words "control of in-service vehicles technical position" with the words "driver training";
express the sixth part as follows: "(6) the State technical supervision agency shall record the technical and its trailer, implements and trailers carried out national technical, operational and security controls, grant cancelled implements the rights and issue of driving licences, implements control implements driver and instructor training process as well as provides and maintains and implements its driver information system. State technical supervision agency of public services provided to be charged within the Ministry of agriculture. "
4. To supplement the law with article 4.1 as follows: "article 4.1. Vehicles and their numbered identification (1) retail sale of the vehicle (except tram, trolley bus and bike) and numbered units for retail sale need permission (license). With vehicles numbered units of retail is entitled to engage a licensed trader.
(2) a permit (license) of the vehicle (except technical and its trailers) and numbered for retail units issued by Ministry of transport.
(3) permission (license), its trailers and implements it numbered Assembly ministrija retail issue.
(4) On receipt of a permit (license) for the Assembly of vehicles and retail sale of numbered State fee is payable. Government fees and the payment arrangements determined by the Cabinet of Ministers.
(5) the Assembly of vehicles and numbered for retail permits (licences) procedure and requirements for vehicles and their numbered identification for the retail sale of the Cabinet of Ministers. "
5. in article 6: make the first part of paragraph 2 as follows: "2) organize traffic and provide a path, its artificial premises and engineering structures, as well as the traffic organization of technical maintenance in order of use according to the regulations and standards road safety;";
to complement the second paragraph after the words "security auditing" with the words "and road safety auditor certification".
6. To make article 7 the second subparagraph by the following: "(2) The service of a candidate for road construction, repair and reconstruction of objects in the path of Latvia received the opinion on the compliance with the regulations and standards road safety."
7. To make article 9 the second paragraph as follows: "(2) motor vehicles other than motorcycles, motor tricycles, quadricycles, trolleybuses and implements must be two national registration number plates, but for motorcycles, motor tricycles, quadricycles, implements, mopeds and trailers — one national registration number plate. Marks attached in places intended for that purpose. On the trolley and trams should be painted two registration numbers. "
8. Article 10: make the first part of the fourth sentence as follows: "If the changes specified in the registration certificate of the vehicle owner or the holder, or even one of the technical data, the five days of the registration of the vehicle."
Add to the first part of the text by the following:

"If the change in the registration certificate of the vehicle specified in the holder's name, surname or name, the vehicle is to be carried out until the next renewal of State technical inspection or to check out with this vehicle from the State. Before starting the renewal with the vehicle out of the country to be carried out even if the vehicle changes owner name and owner of this vehicle will even leave the country or leaving the State powers to a person who is not the vehicle specified in the registration certificate holder. ";
to make the fourth subparagraph by the following: "(4) Before the Court's decision on the inheritance or receipt of the certificate of inheritance possible heir, by presenting documents proving this fact, the vehicle can be registered in her name as the possessor of the vehicle. If there are several possible heirs, they may agree which of them will be the possessor of the vehicle. This agreement, as well as others for vehicle actions that affect other potential heirs ' rights, respectively to be Road Safety Directorate or national technical supervision agency in the presence of all potential heirs or, provided that the heirs have submitted all possible written consent, certified by the notary or other civil law specified in article 1474. To the judgment of the Court of Justice or the inheritance certificate is prohibited. "this vehicle forfeiture;
to make the ninth subparagraph by the following: "(9) road traffic safety Directorate or the State technical supervision agency shall refuse registration of the vehicle, if the vehicle register has information that the vehicle or it numbered aggregates are advertised search, or has a reasonable suspicion that the identification numbers or other data necessary for registration, the manufacturer pointed to the vehicle, or the documents submitted for registration is fraudulent. Of the decision taken and the reasons for road traffic safety Directorate or the State technical supervision agency shall immediately inform the national police, as well as supply it with the documents submitted for registration. National police checks and inform the Directorate of road safety or national technical supervision agency on whether the vehicle is eligible for registration in the register of vehicles. "
9. To supplement the law with the 10.1 article as follows: "article 10.1. Vehicle registration duty (vehicle registry fee) payable Before vehicle registration vehicle registration duty (vehicle registry fee). Vehicle registration duty (vehicle registry fees) and the arrangements for payment shall be determined by the Cabinet of Ministers. "
10. Article 11: make the first part of paragraph 1 and 2 as follows: "1) registration submission. If the vehicle belongs to several owners, all relating to vehicle actions affecting the rest up to the owner of property rights, appropriate to be Road Safety Directorate or national technical supervision agency in the presence of all the co-owners or provided that it is submitted to the written consent of all the co-owners, certified by the notary or other civil law specified in article 1474. If the owners can't agree on which name of the partner will be registered in the vehicle, the dispute settled in court;
2) documents certifying the vehicle tracking technical data (previously registered vehicle – registration certificate of the vehicle not registered in advance, the vehicle manufacturer or by his authorised representative, issued a document and other documents proving the origin of a particular vehicle or the sales fact); ";
make the first sentence of the third paragraph the following wording: "If a vehicle has only one owner, and the owner of this renewal of the vehicle (the seizure) name to another person (beneficiary) of the name occurs in the road traffic safety Directorate or the supervisory agency of the country in both the technical person or authorised person, in the presence of formal property rights in benefit does not have to be made."
11. Article 12, second paragraph: make paragraph 3 by the following: "3) invoice reference, which is issued, the vehicle licensed for retail merchants;";
Add to part with a new paragraph 6 by the following: "6) Act concerning the policyholder-legal or physical person-owned property in the transfer of the vehicle insurance company and the supervisory legal insurer due to the inflow of insurance event;"
consider the 6, 7 and 8 on 7, 8 and 9.
12. Article 13: replace the first paragraph, the words "(possessor)" with the words "(possessor, holder)";
to turn off the second sentence of the third paragraph.
13. Put the name of article 14 and the first and second subparagraph by the following: ' article 14. Disposal of the vehicle, registration and other prohibitions, as well as pledge marks registration (1) registration of the vehicle seizures, and other prohibitions, as well as the pledge of the mark registered and erasing the road traffic safety Directorate or the State technical supervision of the Agency.
(2) Disposal of the vehicle, registration and other prohibitions, as well as pledge marks recorded on the basis of the regulations, the registration certificate of the vehicle specified in the application of the owner or legal executive decision or a court ruling. Delete on the basis of the prohibition laws, the application of the person at whose initiative the prohibition established statutory officer or judicial ruling. If the registration certificate of the vehicle owner name specified in the application shall be submitted to the authorised person, his mandate should be special reference to register or delete the ban. The mandate requires the civil law notary or other persons mentioned in article 1474. "
14. Express 14.1 article as follows: "article 14.1. The driver of the vehicle and their public records access to information

(1) Information about natural person-owned vehicle, identifying personal data is limited by the availability of information, and this can get law enforcement agencies, State and local authorities, as well as the Cabinet of Ministers a specific person to whom information is required for the work or service functions.
(2) Information about the legal entity owned the vehicle for a person of the right to drive vehicles for a period specified in the law, a person's unpaid penalties for road traffic offences, as well as the rest of the vehicles and their drivers public record information is generally available information.
(3) The vehicle owner (possessor, holder) on your vehicle is entitled to all vehicles and their drivers in the national registry of the existing information, including information on persons who have committed administrative offences with appropriate vehicle for these parties the penalties imposed and the extent of the ban, which applied to the vehicle, the URu.tml.
(4) The owner of the vehicle, and the driver has the right to get news about people in a specific time period of the road traffic safety Directorate received the news about him, except for the details of the national authorities, which are criminal proceedings, operational entities, or other institutions, for which the following disclosure prohibited by law.
(5) Road Traffic Safety Directorate register of persons who have information about the nationality of the vehicle for a person of the right to drive vehicles for administrative violations izdarījušaj persons, as well as those who have information about the people and the penalties applied.
(6) in the first paragraph, that the recipient is responsible for ensuring that the information is used only to his work or function of the service, and shall not be entitled to transfer to third parties.
(7) Providing statistical information or other general information, road safety Directorate ensures that the vehicle owner concerned cannot be identified.
(8) the order in which the driver of the vehicle and the State information contained in the register and would be transferable to the public, as well as the amount of information available is determined by the Cabinet of Ministers.
(9) Road Traffic Safety Directorate, on the basis of information provided by the State police vehicles and their drivers in the national register, notify the owner of the vehicle that the user of the vehicle is disqualified from driving right. "
15. Article 15: to make the first paragraph by the following: "(1) vehicles in Latvia can be produced in a registered Corporation that has developed, coherent, and registered new vehicle design normatīvtehnisk documentation and has been awarded international manufacturer identification code (except technical and its trailer).";
to make the fourth and fifth by the following: "(4) For rebuilt motor vehicles, their trailers (except technical and its trailers) and moped rebuilding technical project or individual rebuilt motor vehicles, their trailers (except technical and its trailers) and moped road safety and compliance with the technical requirements of the regulations must be received by the road traffic safety Directorate or Directorate of road safety in accredited persons for this purpose.
(5) On the conformity of the rebuilt implements road safety and technical requirements of the regulations agreed by the manufacturer, implements and implements road safety compliance of trailers and technical regulatory requirements to receive the State technical supervision of the Agency. "
16. To supplement the law with article 9.4 as follows: "article 15.1. The vehicle and its components conformity assessment (1) in order to ensure the market of Latvia, moped, motor vehicles and their trailers and implements, ingredients, compliance with the safety, environmental and safety requirements, the conformity assessment is carried out.
(2) a moped, motor vehicles (with the exception of its ingredients and implements, trailers), the trailers and certification components of road safety Directorate, but testing: road traffic safety Directorate or testing laboratories, which are assessed by the competence of the Latvian National Accreditation Bureau.
(3) Implements, trailers and the certification of the components of certification and testing centre, but testing, certification and test center or testing laboratories, which are assessed by the competence of the Latvian National Accreditation Bureau.
(4) the moped, motor vehicles, their trailers and component conformity assessment procedures and technical requirements established by the Cabinet of Ministers. The Cabinet also determines the vehicles, which are not subject to conformity assessment, the tolerances of the individual requirements, the market surveillance authorities, as well as the market surveillance and mutual recognition and the exchange of information (notification) order. "
17. in article 16: make the third paragraph as follows: "(3) motor vehicles and their trailers (except technical and its trailer) national technical inspection carries out road safety Directorate, but technical condition of vehicles vehicles technical control inspection — Road Safety Directorate or Directorate of road safety in accredited person for this purpose. Accredited person may not simultaneously carry on business connected with sales, vehicle maintenance, repair or restoration, as well as the technical control of its property (possession, holding) existing vehicles. ";
to make the fourth subparagraph, the first sentence by the following: "implements and trailers for the technical inspection carried out under the technical supervision of the Agency.";
express the fifth and sixth the following: "(5) the technical inspection of vehicles out of State not later than five days after the vehicle was first registered in Latvia. Future State vehicle technical inspection carried out in accordance with the time limit as specified in the authorisation to participate in road traffic.

(6) permission to participate in road traffic going for 12 months, but to ensure an even distribution of the number of vehicles per year by months, this time limit may be established for a period of up to 13 months. Bus, taxi passenger, as well as for the autoapmācīb and the registered vehicle permit to participate in road traffic going for six months, but to ensure an even distribution of the number of vehicles per year by months, this time limit may be established for a period of up to seven months. ";
to complement the seventh part of the first sentence after the words "technical control" with the words "on the road";
Replace in the second sentence of the seventh paragraph, the words "Transport Ministers approved" with the words "fixed by the Cabinet of Ministers";
Supplement to the eighth article as follows: "(8) the decision on the authorisation to participate in road traffic challenge or appeal shall not suspend its activity."
18. Replace article 19 in the fifth subparagraph, the word "stop" with the word "stop".
19. Article 21: make the first paragraph by the following: "(1) vehicle forfeiture or disposal of the issued token (speciālpilnvar, power of attorney or universālpilnvar) must be a special indication of permission to dispose of or remove it from the vehicle. Natural persons issued the mandate requires the civil law notary or other persons mentioned in article 1474. The mandate of the legal person-owned vehicle for disposal, or disposal of the vehicle owner, and issued in the case of the civil code a person specified in article 1474 of the proof is not required. ";
make the third paragraph as follows: "(3) If the owner of the vehicle was not present, foreign registered vehicles for use on the person whose normal place of residence is in Latvia, the required power of attorney. Natural persons issued the mandate requires the civil law notary or other persons mentioned in article 1474. The mandate of the legal person-owned vehicle for use issued by the vehicle owner, and in this case, the civil law person specified in article 1474 of the receipt is optional. "
20. in article 22: make the first paragraph by the following: "(1) the driving and vehicle licence can get a statutory age reached a person permanently residing in Latvia which LAT or staying longer than 185 days per calendar year, and which does not have a medical pretindikācij control of the vehicle, except in the cases provided by law, when the acquisition of a certain period of time is denied. Information on medical indication to the presence or absence of road safety Directorate and the State technical supervisory agency shall provide medical treatment person. ";
Add to article 3.1 part as follows: "(31) With the theoretical training of drivers of vehicles are entitled to practise economic operator and licensed educational institution whose governing document is intended for the training program."
to supplement the article with a fifth by the following: "(5) On receipt of the licence driving theoretical training duty payable. Government fees and the payment arrangements determined by the Cabinet of Ministers. "
21. Article 23: Add to the second subparagraph of paragraph 5, after the words "motor vehicles" by the words "other than A category A motorcycle".
make the third paragraph as follows: "(3) the driver of the vehicle which has the right to drive in at least one category of motor vehicle or tram, allowed to drive vehicles of category M."
22. Article 25: make the first part of paragraph 1 by the following: "1) driving licence;"
make the first part of paragraph 6 by the following: "6) document on the national technical inspection or technical control on the road, if the vehicle does not possess the appropriate Visual information (labels), or road safety Directorate issued a one-day permit to participate in road traffic, to make public the technical inspection.";
to complement the fourth paragraph with the following text: "If the person's driver's licence is not passed, and its use is found, the driver's licence is suspended. Licence delay and destroy the national police, road safety Directorate and the State technical supervisory agency official. "
23. To make article 28 (1) of the following: "1) drivers of vehicles the motor vehicle of the driving length does not exceed two years, if the concentration of alcohol in the blood exceeds 0.2 promiles, drivers who are driving a motor vehicle service more than two years, as well as the moped and bicycle drivers, if the concentration of alcohol in the blood exceeds 0.5 [permil];".
24. Add to article 30, the third part of the sentence the following wording: "news on invalid drivers licences prescribed by the Cabinet of Ministers shall include the invalid document register."
25. To make chapter V by the following: "chapter V. Vehicle crew working time article 31. The requirements for crew members of vehicles of the organisation of working time, compliance and accounting (1) requirements concerning the organisation of working time, and records crew members of vehicles carrying out transport operations on vehicles covered by the Council of 20 December 1985, Regulation (EEC) No 3820/85 on the harmonisation of certain social legislation relating to road transport [hereinafter Regulation (EEC) No 3820/85], is determined by the Cabinet of Ministers.
(2) Exceptions where services do not apply Regulation (EEC) No 3820/85 requirements determined by the Cabinet of Ministers.
Article 31.1. driving and rest time, driving distance and speed recording equipment installation (1) national traffic in addition to the Council of 20 December 1985 to Regulation (EEC) No 3821/85 on recording control device in road transport, article 3, paragraph 1, exceptions may not be equipped with a recording device for vehicles, as referred to in Regulation (EEC) No 3820/85:1) in article 13, paragraph 1, "b", "c", "d", "e", "f", "g" and "j" section;
2) article 13 (1) of the "a" section, where these vehicles are used only for non-commercial carriage of passengers.

(2) Vehicle recording equipment installed, tested and sealed by the inspection body which is competent according to the EN 45004 standard EN ' main criteria for different types of bodies performing inspection "accredited by Latvian National Accreditation Bureau and accreditation of the Ministry of economy published a notice in the newspaper" journal ", and which is submitted to the Council of the Ministry of transport of 20 December 1985 to Regulation (EEC) No 3821/85 article 12, paragraph 2, of the seals referred to in paragraph 4 and check the plate samples."
26. To complement the article 40 by the word "advertising" with the word "objects".
27. Replace article 42 in the first paragraph, the words "road bike parts" with the word "suspended".
28. Make the fifth subparagraph of article 43.1 paragraph 6 by the following: "6) driving ban on the use of law for one year, if the maximum tracking points, or until the preserved records of the maximum number of points."
29. Make the following article 43.2: "43.2 article. Features of the administrative process due to the stopping or parking regulations (1) If a stop or parking violated rules, but the driver is not in the place of the offence, persons entitled to draw up administrative offence report and to impose a fine, draw up a protocol — statement of particulars the following information: 1) protocol — statement of dialing date;
2) institution officer imposed a punishment, and the originator of the communication protocol, position, name and surname;
3 detection of violation) date and time;
4) infringement of the place (town or other locality name, address);
5) vehicle make and State registration number;
6) violated the rules of the road;
7) decision on the imposition of fines and the amount of the fine;
8) date for payment of the fine;
9) payment order properties and institutions that might pay the fine;
10 decision taken) challenge (appeal);
11) information of the consequences there, if the fine is not paid.
(2) If it is established at the time when the vehicle stops or parking violations, the driver arrives at the place of the offence, the imposition of the fine did not change and the Protocol to be drawn up — statement.
(3) The fine imposed on the Latvian administrative violations due to the time limit laid down in the code.
(4) If the fine imposed is not paid to the Latvian Code of administrative offences the time limit expires, the registration certificate of the vehicle specified in the holder or, if the holder is not specified, the vehicle owner (possessor) of the vehicle and the driver of the national registry shall send a notice of unpaid fines. The notification shall indicate the following information: 1) institution officer imposed a fine;
2) and State of the vehicle registration number;
3) of the owner (possessor, bearer's) data;
4) infringement of the place (town or other locality name, address), date and time;
5) protocol — note number;
6) in unpaid fines.
7) payment order properties and institutions that might pay the fine;
8) information on the consequences of intervening, because the fine is not paid to the Latvian Code of administrative offences the time limit specified.
(5) If the fine imposed is not paid to the Latvian Code of administrative offences the time limit expires, the driver of the vehicle and the national registry shall mark on the prohibition of the payment of the fine to carry out the technical inspection of the vehicle with which the offence was committed, and to register their vehicles and their drivers in the national register.
(6) If for stopping or parking regulations, the fine imposed is not paid to the Latvian Code of administrative offences the time limit expires, it will be recovered from the vehicle specified in the registration certificate holder or if the holder is specified, from the owner of the vehicle (the possessor), except where the offence is not found at the time of the vehicle to the owner (holder, possessor) other persons in possession of illegal actions.
(7) A decision on the fines imposed during the month can be a challenge, with submission of the appropriate application to the superior authority (Officer). Higher authorities (officials) may appeal to the Court.
(8) The order in which the Protocol form — notice of imposed penalty and send information to the vehicle owner (holder, holder), as well as a fine collection and control procedures established by the Cabinet of Ministers. "
30. Add to article 43.3 of the part 3.1 the following: "(31) expenses related to the displacement of the vehicle to a special parking and storage for special parking lot, the vehicle shall be borne by the holder of the registration certificate or, if the holder is not specified, the vehicle owner (possessor) or his authorised person. Expenses before removing the vehicle from the special parking lots. "
31. Express 27.0 text of article as follows: "in respect of Certain speed way police control with measuring devices provided for this purpose."
32. the express article 27.1 the following: ' article 27.1. Violation fixation with technical means, without stopping the vehicle (1) violations can be fixed by technical means (photographic equipment or video equipment) without stopping the vehicle. Procedures for the use of technical means (photographic equipment or video equipment) shall be determined by the Cabinet of Ministers.
(2) Administrative punishment for violations recorded by technical means (photographic equipment or video equipment) without stopping the vehicle, the vehicle's registration certificate, the holder or if the holder is not specified, the vehicle owner (possessor), except where the offence is not found at the time of the vehicle to the owner (possessor, bearer's) possession of another person's unlawful actions.
(3) Of the infringement recorded by technical means (photographic equipment or video equipment) without stopping the vehicle, the vehicle owner (holder, holder) apply just fine.

(4) If the vehicle owner (possessor, keeper) contest or appeal against the decision and the application or complaint has been a driver, the penalty for the infringement shall apply to the driver. "
33. Express 45. the second subparagraph by the following: "(2) in some cases by cabinet order issued passes the mail carrier vehicles as well as vehicles with which to take the collection, and the national registry of vehicles, with which the Government supports delivery of mail, perform the task, you have the right not to comply with the provisions of the stops and parking, as well as the road signs," the ride "," motor vehicles "and" drive trucks go "."
34. Replace article 47, first and second paragraph, the words "European Union" by the words "the Member States of the European Union or the European Free Trade Association Member States".
35. transitional provisions: off 3;
transitional provisions be supplemented with 4, 5, 6 and 7 point as follows: "4. the amendment of this law article 4, third paragraph, article 10.1 article 4.1 and article 22, part five shall enter into force on 1 September 2005.
5. This law and Amendment 28 article 15.1 of article shall enter into force on 1 July 2006.
6. The Cabinet of Ministers until July 1, 2006 to manage this law, article 4.1 of the fourth and fifth part, the second part of article 6, on the road safety auditor certification, 10.1 article 14.1 first and eighth, in the fourth paragraph of article 15.1, the fifth paragraph of article 22, in article 30, the third subparagraph of article eighth 26.8, 27.1 in the first paragraph and the second paragraph of article 45 of the rules laid down.
7. The transitional provisions referred to in point 6 of the Cabinet from the date of entry into force of the provisions, but not longer than until 1 July 2006 in the applicable laws and regulations in force, in so far as they do not conflict with this Act. "
The Parliament adopted the law of 26 May 2005.
State v. President Vaira Vīķe-Freiberga in Riga, 15 June 2005, an editorial added: the law shall enter into force by 29 June 2005.