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Administrative Provisions Decision on Road Traffic (BABW)

Original Language Title: Besluit administratieve bepalingen inzake het wegverkeer (BABW)

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Decision of 26 July 1990 laying down administrative provisions relating to road traffic

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

On the nomination of Our Minister for Transport and Water State of 12 May 1989, No RW 26148, Chief Executive of the Water State, Department of Public Service and Legal Affairs;

Having regard to the Road Traffic Act (Stb. 1935, 554);

The Council of State heard (opinion of 5 December 1989, No W09.89.0261);

Having regard to the further report of our Minister of Transport and Water State of 16 July 1990, No RW 65900, Chief Executive of the Water State, Department of Public Service and Legal Affairs;

Have found good and understand:

Chapter I. General provisions

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Article 1

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For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:


Article 1a

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It shall be affixed to other persons, other than those empowered to do so under this Decision, to the affixing, keeping or removal of traffic signs, along or above the roads, or to the visibility of road signs, to be taken.


Article 2

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It shall be prohibited to affer articles, devices or signs of any kind likely to confuse traffic on or above the roads, to be affixed or to be affixed.

Chapter II. Traffic signs and traffic control measures

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§ 1. Road signs

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Article 3

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Traffic signs are:

  • a. Signs of traffic;

  • b. traffic lights and

  • c. road signs on the ground.


Article 4

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  • 1 The road signs which concern a commandment, prohibition or adviality are set out in Annex I, which is annexed to the RVV 1990, Chapters A to H.

  • 2 The road signs indicating a hazard are set out in Annex I, part of the RVV 1990, chapter J.

  • 3 The road signs containing other information of interest to road users should be included in Chapters K and L of Chapters K and L in Annex I, consisting of a rectangular board, on which the road signs are not provided by a particular model. letters, numbers, or symbols are placed in a blue field. Our Secretary of State may allow changes.


Article 4a

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  • 1 Graphic elements of different colours in the road signs, intended to be used Annex I, part of the RVV 1990 , can be separated by contrasting bies.


Article 5

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The traffic lights have been called the lights in the Articles 68 to 75 of the RVV 1990 .


Article 6

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  • 2 Other road signs on the ground surface may be applied to guide traffic, in order to recall the maximum speed at the place of the road and to designate other conditions.


Article 7

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Traffic signs other than those mentioned in this chapter are not placed.


§ 2. Subsigns

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Article 8

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  • 1 Under road signs subplates may be placed.

  • 2 These subboards may:

    • a. A further explanation of the indication on the road signs;

    • b. include restrictions on the scope of those road signs in the case of road signs which indicate a call or prohibition;

    • c. by plate C7 of Annex I, part of the RVV 1990 , the indication shall mean that the restriction resulting from this traffic sign does not apply to motor vehicles equipped with a field of vision improvement;

    • d. On the road signs E4 through E8 and E10 through E13 of Annex 1, part of the RVV 1990 , relate to

      • 1 °. the vehicle category or group of vehicles for which the parking is intended and, in so far as it concerns plate E6, also on the indication that the parking is reserved for a particular vehicle;

      • 2 °. the method or purpose for which parking is to be effected;

      • 3 °. the days or hours on which the parking is prohibited or

      • 4 °. the days or hours in which a restriction as referred to in 1 ° and 2 ° applies and, where:

    • e. at the traffic signs G7, G9, G11 and G12a of Annex 1, part of the RVV 1990 , indicate that the traffic use provided or prohibited from the traffic sign is not valid for traffic use if indicated on the subplate.

  • 3 The indications referred to in paragraph 2 (d) (1) and 2 (2) of the second paragraph may be affixed to the traffic sign, rather than on a subplate.


§ 3. Zonal application of road signs

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Article 9

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  • 1 Above the traffic signs A1, C1, C6 to C22a, E1, E3, E9, G5 and G7 of Annex 1, part of the RVV 1990 , the word "zone" may be applied. An indication of the area of the zone may be added to this.

  • 2 If the word "zone" is applied above a traffic sign without any indication of the area of the zone, a signboard indicating the end of the zone shall be placed at the sun border on eligible places.


Article 10 [ Verfalls by 01-07-2010]

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Article 11 [ Verfall by 01-07-2010]

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§ 4. Traffic signs and removal of traffic signs under traffic decision

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Article 12

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The installation or removal of the following traffic signs shall be carried out under a traffic decision:

  • a. The following signs:

    • I the signs included in Chapters A to G of Annex 1, part of the RVV 1990 , except for plates C22 and E9, and for plates E4, E12 and E13, unless under these signs a subplate as referred to in Article 8 (2), second paragraph, is affixed, or is applied to Article 8, third paragraph;

    • II sign L3 of Annex 1, part of the RVV 1990 , as far as a bus stop is concerned,

  • b. The following road signs on the ground:

    • I. strikethrough streaks;

    • II. the marking of bicycle strips;

    • Identification of bus lanes and bus lanes;

    • IV. Pedestrian crossing points;

    • V. Yellow-crossed stripes;

    • VI. yellow dashed stripes;

    • VII. Shark teeth.


Article 13

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In the traffic decision for the placement of signs which concern speed, parking or statements of interest and of plate G7, the offer or prohibitions specified by these signs in a given area may be determined.


Article 14

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If under the traffic signs mentioned in this section, subplates are placed as intended Article 8, second paragraph , or application is given to Article 8, third paragraph It shall be expressed in the traffic decision concerned.


Article 15

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In the traffic decision for the placement of board A1, to the extent that it indicates a maximum speed of 30 km/h or 60 km/h, plate B3, B4, B5 or B6 on a 30 km/h or 60 km/h road or in a 30 km/h or 60 km/hzone, and plate G5 of Annex 1, part of the RVV 1990 , it shall indicate the manner in which the compliance is being fulfilled. Article 14 of the Act rules.


Article 16

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No traffic decision need to be taken if the traffic sign concerned is placed or removed for further indication that a traffic rule is applicable or that another traffic sign which entails a call or prohibition is placed.


§ 5. Measures to regulate traffic

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Article 18

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The traffic decision shall specify the nature and extent of the measures.


Article 19

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No traffic decision need to be taken if the measure in question is designed to support a traffic rule or a traffic crossing there that involves a command or prohibition.


§ 6. Traffic decisions

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Article 21

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The reasons for the traffic decision indicate, in any event, what objective or objectives are to be achieved by the road decision. It shall specify which of the Article 2, first and second paragraphs The interests mentioned above underlie the traffic decision. If also other of the Article 2, first and second paragraphs In addition, the interests of the law mentioned above shall indicate the manner in which the interests have been weighed against each other.


Article 23

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The public body that has management by road or, if no public body has the management, the owner of the road is heard in relation to traffic decisions.


Article 24

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Traffic decisions shall be taken after consultation with:


Article 25

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  • 1 Traffic decisions which affect directly and substantially the traffic on roads other than those covered by the traffic decision, after consultation with the authority responsible for these other roads.

  • 2 Traffic decisions are taken after consultation with the relevant railway operator, if the decision concerns a crossing of the road as referred to in the Article 1, aab, of the RVV 1990 , which affects traffic over that cross-road.


Article 26

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The publication of traffic decisions shall be effected by the award of the decision in the Official Journal.


Article 27

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Traffic decisions as referred to in Article 15, second paragraph , the Act enters into force with effect from the day, after a period of six weeks after the day on which the decision is made known has expired.


§ 7. Placing, disposal, cost

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Article 29

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The costs arising from the placement of board E6 of Annex I, which shall be of the RVV 1990, shall be recoverable from the person or persons for whom the sign has been placed.


Article 33

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If, on top, above or along a road, activities are undertaken which are not part of the normal traffic operation of that road and the competent authority is required to place or dispose of eight traffic signs in relation to those activities, the competent authority may charge the costs incurred for the placement, maintenance or disposal of the person carrying out those activities.


§ 8. Temporary placement or application of traffic signs and temporary implementation of measures

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Article 34

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By the competent authority or by the public body which has the management of a road or, if no public entity has the management, by the owner of the road, in the circumstances described below and for the duration of those circumstances Traffic signs as specified in Article 12 , are placed as well as measures as referred to in Article 15, second paragraph , of the law, shall be implemented:

  • a. In the case of works, on the ground, the sodden state of a road or a road, imminent danger or any other urgent circumstance of a transiting nature;

  • (b) in the case of a serious deterioration caused by road traffic of the the second paragraph, A From Article 2 of the law mentioned above.


Article 35

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The positioning of traffic signs and the carrying out of measures, Article 34 , may be carried out without a traffic decision based on it.


Article 36

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The intention to temporarily place traffic signs and for the temporary implementation of measures or, if they have already been carried out, of that action shall be notified as soon as possible to the competent authority that the temporary arrangement or procedure is to be implemented. the temporary measure may be undone. The notification may be omitted to the extent that this authority has determined it.


Article 37

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By way of derogation from Article 35 the temporary placement and temporary measure under a traffic decision where the conditions leading to the temporary placement or the temporary measure are longer than four months or regularly occur.


Article 38

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The road traffic control officers appointed for the execution of the police task and the Special Investigation Officers of the Inspect Traffic and Water State may, for the purposes of traffic controls and, if in any case, the any unforeseen circumstances necessaresthe settlement of traffic for a period of not more than three hours of traffic signs and carrying out measures without requiring notification to the competent authority. If the placement or measure is for a longer period of time, then Article 36 applicable mutatis mutandis.


Article 39

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Where the situation of a water-bearing dyke on which a road is situated so progresseto, the debtor of the dike shall have the power to temporarily place road signs which constitute a command or prohibition, and to the temporary location of traffic signs. to implement measures.


Article 40

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By or on behalf of the mainstay of the embankment is immediately notified to our Commissioner in the province and to the public body, which has management by road or, if no public body, management. (a) given the intention to temporarily put in place and temporarily implement measures provided for in Article 39 or, if it has already been carried out, of that fact. Our commissioner in the province can undo the temporary placement or the temporary measure.


Article 41

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To reverse the temporary placement of traffic signs or to temporarily implement measures as referred to in the Articles 36 and 40 can be changed if:

  • a. the circumstances referred to in Article 34 does not occur longer or is no longer

  • b. these circumstances cannot justify the placement or the measure.

Chapter IIA. Signage

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Article 42

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  • 2 By way of derogation from the first paragraph, signs of signs placed or disposed of under the category of signage shall not be included in relation to circumstances which are not longer than four months of age.


Article 43

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  • 1 An exemption with the application of Article 149c of the Act for placement or removal of the traffic signs as specified in Article 42 may be both automatic and at the request of the person responsible for placing those traffic signs.

  • 2 Our Minister may grant the exemption provided for in paragraph 1 only if:

    • a. sufficient special interests are present for the purchaser of the waiver not to give effect to Article 16, fourth paragraph, of the Act ;

    • b. the transferee of a waiver to the judgment of Our Minister is able to determine the signage at a quality level that does not underdo the quality level of the signage that would be achieved in refusing to accept the derogation;

    • (c) it is ensured that the granting of waivers does not result in a lack of uniformity and a connection to the signposting outside the geographical area for which the waiver will apply; and

    • d. does not reduce the efficiency of the establishment and determination of the design of signage by granting the exemption.

  • 3 A request for exemption sets out the factual grounds for the considerations which, pursuant to the second paragraph, are to be based on a decision granting the derogation.

  • 4 Our Minister shall draw up an electronic form to which the application for exemption shall be made, in accordance with the procedure laid down in that form.

Chapter III. Establishment of established areas

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Article 48

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When establishing the limits of builtup bowl or comms as intended in Article 20a of the law, are the Article 23 and 24 applicable mutatis mutandis.

Chapter IV. Disabled parking card

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Article 49

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  • 1 A disabled person may, in accordance with the criteria laid down by ministerial arrangement, be a member of the board of mayor and aldermen of the municipality where he is registered as resident in the basic registration persons, a person who is a member of the Disability parking card is provided.

  • 3 To a disabled person who is not registered as a resident in basic registration persons, a disability parking card may be provided by the CBR in accordance with the criteria set by the Ministerial Scheme.


Article 50

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The holder of a disabled parking card shall not make use of the card if it is not directly related to the carriage of himself or to the transport of disabled persons residing in the institution to which the card is intended. provided.


Article 51

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  • 1 Subject to the second and third paragraphs, a disability parking card shall be valid for a period of five consecutive years from the day of issue.

  • 2 If reasonable ground exists for the expectation that the term during which the disabled person is eligible for a disability parking card will be less than five years, limits the authority competent to issue Disabled parking tickets, the period of validity of which is valid.

  • 3 If a disability parking card is issued to an applicant who temporarily resides in the Netherlands, restricted the authority responsible for issuing disability parking cards, the validity period of the card until the time of stay of the card. the applicant in the Netherlands.


Article 52

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  • 1 The authority responsible for issuing disability parking cards shall issue a duplicate for disability parking cards which have been worn or unreadable, or lost or lost in part, or lost or lost.

  • 2 If the disabled parking card has been worn or become unreadable in whole or in part, a duplicate shall be issued only against the inprovision of the worn or partial or partly unreadable card.

  • 3 If the disability parking card has been lost or has been cancelled, a duplicate shall be issued only on presentation of a declaration signed by the applicant, that the card has been lost or has been cancelled. The declaration shall specify the circumstances under which the card has been lost or has been cancelled.


Article 53

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  • 1 A disability parking card loses its validity:

    • a. by the expiry of the period of validity;

    • b. by issuing a new disability parking card or a duplicate disability parking card;

    • c. by the unauthorized application of amendments;

    • d. by the death of the holder;

    • e. by means of invalidation.

  • 2 The authority issued by the disability parking card shall declare the card invalid if it is issued on the basis of incorrect data provided by the applicant and the card would not have been issued if the accuracy of such data has not been issued It would have been known at the time of the application.

  • 3 The authority issued by the disability parking card may invalidate the card if the card holder lets use it in violation of the card. Article 50 .


Article 54

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If a disability parking card has been lost, the disabled person to whom the card has been provided or, if it has died, the person who has the card under his card, shall provide the card as soon as possible to the authority which has the card provided.


Article 55

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  • 1 Under ministerial arrangements, rules shall be laid down concerning:

    • a. The order of disabled parking cards;

    • b. the issue of disability parking cards;

    • c. the manner in which a disabled parking card is to be fitted in a vehicle.

  • 2 The model of the card for the disabled parking is established by ministerial order.

Chapter V. Traffic Controllers and Traffic Brigadiers

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Article 56

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  • 1 Traffic Controllers are appointed by:

    • a. Our Minister, when it comes to

      • 1 °. Transport escorts; or

      • 2 °. 'traffic controllers' means traffic regulating duties in the context of the occupation, in so far as these tasks are carried out in several provinces on the territory of several non-contiguous municipalities.

    • (b) the mayor of the municipality where the work is to be carried out, in other cases.

  • 2 Traffic regulators with tasks relating to the occupation shall be appointed as such only if they consider that they are responsible for the appointment of the appointing authority:

    • a. if their main work is considered; or

    • b. Are deemed to be closely related to the exercise of their principal activities.

  • 3 The governing body referred to in paragraph 1 may withdraw the appointment it has issued in the cases provided for in the ministerial order.


Article 57

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On traffic controls, persons referred to in Article 82, first paragraph, part d, of the RVV 1990 and traffic brigadiers are being monitored by the police.


Article 58

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Ministerial arrangements shall lay down rules on:

  • a. Appointment, renewal of the appointment of road traffic controllers, as well as the appointment of road brigadiers;

  • b. The supervision of traffic controllers and traffic brigadiers;

  • c. Training of traffic brigadiers;

  • d. The training and examination of traffic controllers;

  • e. the places where and the times at which traffic controllers and traffic brigadiers are allowed to perform their duties;

  • f. the exercise of the privileges of traffic controllers and traffic brigadiers;

  • g. the appointment bag;

  • h. the cases in which the appointment may be withdrawn;

  • i. Equipment of traffic controllers and traffic brigadiers, as well as the accompanying vehicles and the devices that are present therein.


Article 58a

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  • 1 Transport escorts make use of an accompanying vehicle during the course of their operations which complies with the Ministerial Regulations provided for in the Article 58, part i -, recorded demands.

  • 2 Traffic regulators are required to wear clothing during the exercise of their duties under the Ministerial Regulations, which are to be carried out in accordance with Article 58, part i .

  • 4 Directions as intended Article 82, first paragraph, of the RVV 1990 , to the extent that road inspectors are not inspectors employed by the State Water State, are not given from a vehicle or, in so far as traffic controllers are not transport escorts or road inspectors employed by road transport officers. Rijkswaterstaat, from a motor vehicle.

  • 5 Without prejudice to the fourth paragraph, transport officers or road inspectors employed by the State Department of the State of the State of the State of the State of the State of the State shall not, from a motor vehicle, Article 82, first paragraph, of the RVV 1990 , on roads under the management of the Empire or at intersections situated on other roads.

Chapter VI. Penalty provision

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Article 59

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Violation of the Articles 1a , 2 , 54 and 58a (1), first member and third to fifth members is a criminal offence.

Chapter VII. Provisions on experiments

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Article 60

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  • 1 Our Minister may, for an experiment in an experiment, take a temporary traffic decision for a variable speed limit for the duration of a maximum of two years.

  • 2 The aim of an experiment is to gain insight into:

    • a. the traffic-related effects;

    • b. the effects on noise and air quality;

    • c. the effects on road safety, and

    • d. the effects on compliance with the maximum speed;

    when applying a maximum speed limit or when adjusting the maximum speed to the conditions specified in Article 60c .


Article 60a

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  • 1 In any event, the experimental traffic decision shall contain:

    • a. the duration of the experiment;

    • b. the road or road compartments to which the decision applies;

    • c. at least one maximum speed for each road;

    • d. the method of evaluation of the effects referred to in Article 60, second paragraph .

  • 2 An experiment traffic decision can be taken only once.


Article 60b

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Article 60c

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  • 1 Our Minister may, during the duration of the experiment, adjust the maximum speed for a road section or one or more lanes within that road course at different times of the day to the circumstances.

  • 2 To the circumstances which may give rise to an adjustment as referred to in paragraph 1, in each case:

    • a. Flow of traffic;

    • b. meteorological conditions;

    • c. unexpected incidents;

    • d. Traffic intensity.

  • 3 In the case of ministerial arrangements, detailed rules may be laid down on the application of the first and second paragraphs.


Article 60d

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Our Minister may, in view of the experiment, be the signs, intended in Article 12 , places or removal during the duration of the experiment.


Article 60e

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  • 2 The traffic decision as it was until the time of entry into force of the experimental traffic decision shall be re-established with effect from the date of expiry or revocation of the experimental traffic decision, unless a traffic decision as referred to in point (a) is intended to be taken into account. Article 15, first paragraph, of the Act enters into force from that date.


Article 60f

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  • 1 In special circumstances, during the experiment, Our Minister may amend or revoke the experimental traffic decision.

  • 2 Our Minister may extend the duration of an experiment until such time as a traffic decision as intended Article 15, first paragraph, of the Act enter into force if:

    • a. Our Minister the design of a traffic decision as intended in Article 15, first paragraph, of the Act has been made available for inspection; and

    • b. reasonably expected that the traffic decision will not have entered into force at the time of expiry of the experimental traffic decision,

    except that the total duration does not limit the period of two years mentioned in: Article 60, first paragraph It's over.


Article 60g

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By way of derogation from Article 27 an experimental traffic decision or a decision to amend or revoke an experiment traffic decision shall enter into force as from the day after the expiry of a period of two weeks from the day on which the decision was published.

Chapter VIII. Entry of

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Article 65

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The articles of this Decision shall enter into force on a date to be determined by royal decree, which may be made different for the various articles or parts thereof.

Chapter IX. Citation Title

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Article 66

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This Decision may be cited as 'Administrative provisions on road traffic' or 'Decision on road traffic' or 'BABW'.

Burden and order that this Decision, together with the accompanying note of explanatory note to the State Sheet will be placed and copies thereof will be sent to the Council of State.

Tavarnelle, 26 July 1990

Beatrix

The Minister of Transport and Water,

J. R. H. Maij-Weggen

Issued the eleventh October 1990

The Minister of Justice,

E. M. H. Hirsch Ballin