Key Benefits:
Original text
(State on 27 September 2010)
Preamble
The member States of the Council of Europe, signatories to this Convention,
Given the considerable number of traffic accidents and the seriousness of their consequences;
Taking the view that it is of the utmost importance for the safety of traffic to combat traffic offences by adequate means;
Considering that, apart from other measures of a preventive or repressive nature, the disqualification of the right to drive is, for this purpose, an effective means;
Taking the view that the increase in international circulation justifies an intensification of efforts to harmonise national legislation and to ensure that decisions on the disqualification of the right to conduct effects outside the State which are Ordered;
Whereas this cooperation has already been advocated in Resolution (71) 28 of the Committee of Ministers of the Council of Europe on the disqualification of driving a motor vehicle;
Whereas the aim of the Council of Europe is to achieve a closer union among its Members, have agreed as follows:
Under this Convention:
The Contracting Party which has declared lapse shall promptly notify the Contracting Party which issued the driver's licence and that in the territory of which the offender habitually resides.
The Contracting Party which has been notified of such a decision may declare in its legislation the disqualification which it would have considered useful to pronounce, if the facts and circumstances which prompted the intervention of the other Contracting Party Had taken place in its own territory.
If it has been requested, the Contracting Party to which the notification is made is required to make known the sequel which has been given.
This Convention does not limit the right of Contracting Parties to apply the measures provided for in their legislation.
(1) The Contracting Parties shall make known, by declaration addressed to the Secretary General of the Council of Europe, the authorities empowered to transmit and receive the notifications provided for in Art. 2 and any other communication which may result from the application of this Convention.
(2) Such notifications shall be accompanied by a certified copy of the decision declaring the disqualification with a statement of facts.
(3) If the Contracting Party to which the notification is made is of the opinion that the information provided is insufficient to enable it to apply this Convention, it shall request additional information and possibly Communication of a copy of the record of the proceedings.
The Contracting Parties shall extend their international mutual assistance rules in criminal matters to the measures necessary for the implementation of this Convention.
(1) Subject to the provisions of subs. 2 of this Article, the translation of the notifications and annexes may not be required.
(2) Any State may, at the time of signature or the deposit of its instrument of ratification, acceptance, approval or accession, by declaration addressed to the Secretary General of the Council of Europe, reserve the right to require that the Shall be accompanied either by a translation into his or her own language, or by a translation into any of the official languages of the Council of Europe, or in that of those languages which it will indicate. The other Contracting Parties may apply the reciprocity rule.
Documents transmitted under this Convention shall be exempt from all formalities of legalization.
The Contracting Parties shall waive each other's claim for reimbursement of the costs resulting from the application of this Convention.
(1) This Convention shall be open for signature by member States of the Council of Europe. It will be ratified, accepted or approved. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
(2) The Convention shall enter into force three months after the date of the deposit of the third instrument of ratification, acceptance or approval.
(3) It shall enter into force in respect of any signatory State ratifying, accepting or approving it later, three months after the date of the deposit of its instrument of ratification, acceptance or approval.
(1) After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any non-member State of the Council to accede to this Convention.
(2) Accession shall be effected by the deposit, by the Secretary General of the Council of Europe, of an instrument of accession which shall take effect three months after the date of its deposit.
(1) Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Convention shall apply.
(2) Any State may, at the time of the deposit of its instrument of ratification, acceptance, approval or accession, or at any other time thereafter, extend the application of this Convention by declaration addressed to the Secretary General of the Council of Europe, in any other territory designated in the declaration and for which it ensures international relations.
(3) Any declaration made under the preceding paragraph may be withdrawn, in respect of any territory designated in that declaration, by notification addressed to the Secretary General of the Council of Europe. The withdrawal shall take effect six months after the date of receipt of the notification by the Secretary General of the Council of Europe.
(1) If two or more Contracting Parties establish or come to establish their relations on the basis of uniform legislation or a special regime of reciprocity imposing greater obligations on them, they shall have the right to To settle their mutual relations in the matter solely on the basis of these systems.
(2) The Contracting Parties which are to exclude from their mutual relations the application of this Convention in accordance with s. 1 of this Article, shall make a notification to the Secretary General of the Council of Europe for this purpose.
(1) Any Contracting Party may, as far as it is concerned, denounce this Convention by sending a notification to the Secretary General of the Council of Europe.
(2) Denunciation shall take effect six months after the date of receipt of the notification by the Secretary General.
The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Convention:
This Convention and the declarations and notifications authorized by it shall apply only to traffic offences committed after its entry into force between the Contracting Parties concerned.
In witness whereof, The undersigned, duly authorized to that effect, have signed this Convention.
Done at Brussels, on 3 June 1976, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding Parties.
(Suivent signatures)
(1) Involuntary Homicide or Involuntary Injuries in Road Traffic.
(2) 'Leak of flight', that is to say, a breach of the obligations of drivers of vehicles following a traffic accident.
(3) Conduct of a vehicle by a person;
(4) Driving a motor vehicle not covered by insurance to guarantee civil liability for damage caused to third parties as a result of the use of that vehicle.
(5) Refusal to comply with injunctions of an enforcement officer in respect of traffic.
(6) Non-observance of rules concerning:
(7) Default driver's legal entitlement.
States Parties |
Ratification Accession (A) Declaration of succession (S) |
Entry into force |
||
Azerbaijan * |
26 June |
2000 A |
27 September |
2000 |
Bosnia and Herzegovina |
29 December |
1994 A |
30 March |
1995 |
Croatia |
September 14 |
1994 A |
15 December |
1994 |
Greece * |
April 8 |
1981 |
28 April |
1983 |
Italy * |
24 May |
1985 |
August 25 |
1985 |
Liechtenstein * |
27 January |
1983 |
28 April |
1983 |
Macedonia |
30 March |
1994 A |
1 Er July |
1994 |
Montenegro |
6 June |
2006 S |
6 June |
2006 |
Romania * |
10 September |
1997 |
11 December |
1997 |
Serbia |
28 February |
2001 A |
29 May |
2001 |
Slovenia |
20 October |
1992 A |
21 January |
1993 |
Switzerland * |
10 May |
1978 |
28 April |
1983 |
* |
Reservations and declarations. |
|||
Reservations and declarations, with the exception of the declaration of Switzerland, are not published in the RO. The texts in English and French can be consulted at the Council of Europe website: http://conventions.coe.int/Treaty/Commun/ListeDeclarations.asp? NT = 088 &CM=7 &DF=30/09/2010 &CL=ENG&VL=1 or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne. |
||||
Switzerland
In accordance with Art. 6, para. 1, of the Convention, the Government of Switzerland declared that the following authority is entitled to transmit and receive notifications under Art. 2, as well as any other communication which may result from the application of this Convention:
1 RO 1983 514, 1985 1491, 1991 2195, 2004 4143 and 2010 4473. A version of the updated scope of application is published on the DFAE website (http://www.dfae.admin.ch/traites).