Microsoft Word - D051-2008.doc SAN MARINO We the Captains Regent of the Most Serene Republic of San Marino Having regard to Article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law n.186 / 2005; We promulgate and publish the following ordinary law approved by the Great and General Council at its meeting on March 14, 2008. March 20, 2008 51 LAW LAW PROXY FOR THE ADOPTION OF A HIGHWAY CODE OF THE REPUBLIC OF SAN MARINO Art. 1 In order to elevate the safety conditions for road traffic, the Congress of State is authorized by this law delegated under Article 3 bis, paragraph 5 of law 59 of July 8, 1974, in the text added by Article 4 of the Constitutional law February 26, 2002 n.36 (Declaration of rights of citizens and of fundamental principles of the San Marino) to adopt a decree on the regulation of road traffic (the Highway Code), following the criteria set out in the articles. Art. 2 The Highway Code has its foundation in the existing legislation, and in particular: a) in the "rules of conduct" established by the applicable Law and Decree 24 of February 28, 1996 September 14, 1976 n.47; b) the rules on the roads and the safety devices on the same of Law 29 January 1992 7 and Decree 118 of 20 September 2004. The regulations indicated in the preceding paragraph shall be implemented in a single rulebook, with the provisions of their duly coordinated and integrated and modified according to the requirements in subsequent articles. The legislation concerning the vehicles, driver's license and insurance obligation is contained in the special laws, which are therefore not integrated or modified pursuant to this enabling law. Remain applicable international conventions ratified by the Republic in the field of road traffic. Art. 3 The decree which will be adopted the new rules of the road, compared to the standard specified in the laws and decrees mentioned in Article 2, first paragraph should contain the additions and changes described below: a) the roads of the Republic are classified, in relation to their function, in sliding roads, connection, local and private; b) can be attributed to certain police forces the traffic police functions, identifying the responsibilities and duties in relation to road traffic: the new legislation will provide for the obligation to equip the police forces of the tools to measure the speed and rate blood-alcohol; c) the working group for road safety, in addition to the functions assigned by law, will be called on to play an advisory and training functions with regard to road safety and movement in general: its composition for the exercise of these functions will integrated with staff with educational and didactic competence; d) the system of sanctions in relation to existing legislation will be amended with the exact estimates of administrative procedures to be adopted in case of application of administrative sanctions and of the suspensive or revocatori measures under the code, and the identification of the relevant bodies to their application : the competences of the administrative bodies and law enforcement must be clearly separated to avoid a duplication of sanctions and a conflict of jurisdiction; e) as regards the maintenance of roads, installation of signage, the execution of security works for the movement, jurisdiction should be attributed to the Company Autonomous Production State (AASP), albeit in collaboration with other organs Public Administration and according to the directives imposed by the Great and General Council by the law and by the State Congress through special resolutions; f) there shall be a framework for access and the procedures for their classification and authorization, regulation of outdoor advertising and regulation of the appliances; g) in respect of the works and the devices for traffic calming, the current rules will be supplemented with provisions concerning roundabouts; h) with regard to the signs, the decree by which the new code will be adopted, will refer to the international regulations adopted by the Republic and the European Union legislation: the new text will also be equipped with attachment that contains the reproduction of the most important road signs. Art. 4 Regarding the rules of conduct, the current legislation will be supplemented and amended as follows: a) as regards the rules on the above, will be regulated traffic on roundabouts;
b) with special and separate decree, to be issued to the same code will be disciplined circulation on the territory of exceptional vehicles, identifying the relevant bodies to grant authorizations, the authorization and the related expenses limits. Art. 5 The adoption of safety systems in vehicles will confirm the existing provisions with the following modifications: a) seats for transporting children and helmets of drivers must comply with European standards; b) the obligation to take special containment measures will be established in accordance with the European directives, in less detailed extent than the previous legislation. In fact, the new law will establish an obligation to take safety seats and other child restraint systems appropriate for their height (less than mt. 1.50) and their weight, according to European standards. Art. 6 In relation to the system of sanctions, administrative fines will be divided into three categories, and applied by the specific rules of the code for the various infringements according to their severity. Sanctions will be exacerbated in the case of specific relapse, occurred in the space of two years. For driving under the influence, in addition to the application of legal penalties, you will have to provide for the application of an administrative penalty for the presence of a blood-alcohol rate from 0.50 to 0.80; above this rate it will be applied even license suspension by administrative action from the first infringement. Is also suspended his license up to six months for those driving under the influence of drugs or psychotropic substances. To ensure greater road safety, the current penalty system must be strengthened, and in the case of driving under the influence, also with regard to the speed: the license suspension will be applied when the speed exceeds 40 km / h the allowable limit. Also in the case of overlapping offenses, the suspension of the driving license: such cumulation will be compared to three offenses within two years, with reference to the calendar year will be equally applied. The license suspension is provided from one to four months, the new legislation will adopt policies limiting the discretion of the administrative bodies called on to apply in practice the penalty. The suspensory periods will be applied more strictly than for those who have obtained a license for a short period (two years). Art. 7 Pursuant to Article 3a of the Declaration of Rights, Section 5, the decree to be issued within ninety days under this enabling law, be subject to ratification by the Great and General Council. Art. 8 This Law shall enter into force on the fifth day following that of its legal publication. Our Residence, this day of 20 March 2008/1707 THE CAPTAINS REGENT Mirco Tomassoni - Alberto Selva THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta