Road Traffic Act

Road Traffic Act

Road Traffic Act

Promulgated, State Gazette No. 20/5.03.1999, effective 1.09.1999, amended, SG No. 1/4.01.2000, amended and supplemented, SG No. 43/26.04.2002, effective 26.04.2002, SG No. 76/6.08.2002, supplemented, SG No. 16/18.02.2003, SG No. 22/11.03.2003, amended and supplemented, SG No. 6/23.01.2004, amended SG No. 70/10.08.2004, effective 1.01.2005, amended and supplemented, SG No. 85/28.09.2004, amended, SG No. 115/30.12.2004, effective 1.01.2005, amended and supplemented, SG No. 79/4.10.2005, amended and supplemented, SG No. 92/18.11.2005, effective 18.11.2005, amended, SG No. 99/9.12.2005, effective 10.06.2006, supplemented, SG No. 102/20.12.2005, amended and supplemented, SG No. 103/23.12.2005, effective 1.01.2006, No. 105/29.12.2005, effective 1.01.2006, amended, SG No. 30/11.04.2006, effective 12.07.2006, amended and supplemented, SG No. 34/25.04.2006, effective 1.01.2008 (*)(**), SG No. 61/28.07.2006, amended, SG No. 64/8.08.2006, SG No. 82/10.10.2006, supplemented, SG No. 85/20.10.2006, effective 20.10.2006, amended, SG No. 102/19.12.2006, amended and supplemented, SG No. 22/13.03.2007, SG No. 51/26.06.2007, amended, SG No. 97/23.11.2007, amended and supplemented, SG No. 109/20.12.2007, effective 1.01.2008, amended, SG No. 36/4.04.2008, supplemented, SG No. 43/29.04.2008, amended and supplemented, SG No. 69/5.08.2008, SG No. 88/10.10.2008, amended, SG No. 102/28.11.2008, SG No. 74/15.09.2009, effective 15.09.2009, amended and supplemented, SG No. 75/18.09.2009, amended, SG No. 82/16.10.2009, effective 16.10.2009, SG No. 93/24.11.2009, effective 25.12.2009, amended and supplemented, SG No. 54/16.07.2010, amended, SG No. 98/14.12.2010, effective 14.12.2010, SG No. 100/21.12.2010, effective 1.07.2011
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Chapter One
GENERAL DISPOSITIONS
Article 1. (1) This Act regulates the rules of road traffic on public roads, the requirements for the vehicles to be used in traffic on these roads, the licensing requirements for the vehicle drivers, the rights and the obligations of the traffic participants and the corresponding authorities and officials, as well as the measures of compulsion, which shall be applied, the penalties for violating the regulations of this Act, and the statutory instruments, issued pursuant to it.
(2) The purpose of this Act is to protect the life and health of the road traffic participants, to facilitate their movement, to protect the property of the legal entities and the natural persons, as well to protect the environment from vehicle generated pollution.
Article 2. (1) Public shall be any road which is used on equal terms by all traffic participants. Persons managing the roads, which are not public, shall mark them accordingly.
(2) Each person shall have the right to move on the public roads by obeying the established traffic rules.
(3) This Act shall be also applied to the roads, which are not public, except otherwise provisioned by other regulations, the owner or the administration managing the road. The competence of the control authorities under this Act shall not extend to the roads which are not public.
Article 3. (1) (Supplemented, SG No. 85/2004) Persons, managing the roads, shall maintain them in good order with the markings and signalisation, required for the respective road class, and shall organise the traffic along those roads in a manner ensuring conditions for fast and safe transportation and for protecting the environment from excessive noise and from vehicle-generated pollution.
(2) (Supplemented, SG No. 43/2002, SG No. 51/2007) In order to organise the road traffic, light signals, road signs and road markings on the traffic roadway and the roadside facilities shall be used, which shall be placed only after being commissioned by the owner or the administration, managing the road, under the terms and procedure set forth by the ordinance under Paragraph 3. The light signals, the road signs and the road marking on the traffic roadway and the roadside facilities represent a uniform system according to the Convention on Road Signs and Signals and are manufactured and placed so that they are easily recognizable.
(3) (Amended, SG No. 43/2002) The terms and procedure for organising the road traffic on public roads shall be set forth by an ordinance, issued by the Minister of the Regional Development and Public Works.
Article 4. If necessary, the road traffic shall be directed by persons, authorised for the purpose.
Chapter Two
ROAD TRAFFIC RULES
Section I
General Rules
Article 5. (1) Each road traffic participant:
1. shall not act in a way endangering or impeding the traffic, shall not endanger people’s life and health, and shall not cause property damage;
2. shall protect the environment by not discarding and not leaving any objects and substances on the road, as well as by taking measures for their removal or for warning the other traffic participants, when it poses a threat to them.
(2) The vehicle driver shall:
1. show care and caution towards vulnerable traffic participants, such as pedestrians and riders of two-wheel vehicles;
2. (Amended, SG No. 85/2004) by driving his/her vehicle, not create difficulties to other traffic participants and inhabitants of roadside properties, by obeying the effective standards for noise and harmful emissions of exhaust gasses from the motor vehicle, as well as other standards and requirements for environmental protection;
3. (New, SG No. 43/2002, amended, SG No. 51/2007, repealed, SG No. 54/2010).
(3) (New, SG No. 54/2010) It shall be prohibited for vehicle drivers:
1. to drive a vehicle under the influence of alcohol, narcotics or other intoxicating substances;
2. to drive decommissioned vehicles.
Article 6. Traffic participants:
1. shall act in compliance with the signals given by officials, authorised to direct or control road traffic, as well as the light signals, road signs, and road markings;
2. shall obey the orders issued by persons, authorised to direct or control road traffic, regardless of light signals, road signs, road markings, and traffic rules.
Article 7. (1) When there is a discrepancy between the traffic policeman’s signals and the light signals or road signs, regarding the right of way, traffic participants shall obey the traffic policeman’s signals.
(2) When there is a discrepancy between the light signals and the road signs, regarding the right of way, traffic participants shall obey the light signals.
(3) When there is a discrepancy between the road signs and the road markings, traffic participants shall obey the road signs.
(4) When there is a discrepancy between a road sign, placed on a movable post on the traffic roadway, and the other road signs, traffic participants shall obey the road sign, placed on the movable post.
(5) (New, SG No. 51/2007) In case of building and repair works when there are temporary road markings, laid down with a view to traffic organization for a set period of time, participants in the traffic shall comply with the temporary road markings.
Article 8. (1) Vehicle drivers shall use the right-hand half of the road in the direction of their movement, except otherwise instructed by a road sign or a light signal.
(2) When a certain section of the road allows both rail and non-rail vehicles to pass simultaneously, the non-rail vehicle driver shall let the rail vehicle pass, regardless of its position and direction of movement.
Article 9. (1) Driving caterpillar machines and using tires with spikes on public roads shall be prohibited. Driving vehicles with snow chains is allowed only when it is necessitated by the road conditions.
(2) (New, SG No. 51/2007) The terms and procedures for the traffic of caterpillar machines and vehicles with tires with spikes by the armed forces shall be set by an ordinance by the Minister of Defence and the Minister of Regional Development and Public Works.
(3) (Renumbered from Paragraph 2, SG, No. 51/2007) Placing objects or conducting activities within the range of the road, which are not related to the road’s purpose, shall be allowed only after permission by the owner or the administration, managing the road.
Section II
Traffic control signals by the authorised officials. Traffic lights. Road signs. Road markings

Article 10. (1) Each person, authorised to control traffic on roads, hereinafter referred to as “traffic policeman”, shall wear mandatory distinguishing emblems, allowing the traffic participants to easily recognise him and see him well both in daylight, and at night. He shall be allowed to use a traffic control baton and a police whistle, and, while controlling traffic during road construction and repair, a red flag.
(2) Traffic policeman’s signals shall be the following positions of his/her arms and body:
1. right arm, raised vertically – shall mean “ATTENTION, STOP!”; this shall not apply to those drivers, who, at the moment of giving this signal, after being permitted to pass, are so close to the traffic policeman, that they cannot stop without endangering the traffic; upon giving this signal, all traffic participants, who have moved into the intersection, shall clear the latter;
2. an arm or arms, extended horizontally to the side – after making this gesture, the traffic policeman shall be allowed to lower his/her arm or arms. The signal shall mean:
a) “PASS” for those drivers, who are facing the traffic policeman’s left or right shoulder and are about to pass straight or turn right, as well as for those pedestrians, who wish to pass in front of the chest or behind the back of the traffic policeman;
b) “DON’T PASS” for all other traffic participants;
3. right arm, extended horizontally in front of him, shall mean:
a) “PASS” for those vehicle drivers, who are facing the traffic policeman’s left shoulder, and for those pedestrians, who wish to pass behind his/her back;
b) “DON’T PASS” for all other traffic participants;
(3) Apart from the signals, set forth in Paragraph 2, the traffic policeman shall be allowed to use other understandable gestures to give other instructions and orders to traffic participants.
Article 11. (1) At a railroad crossing, vehicle traffic can be controlled by a railroad official, who shall give the following signals to stop the vehicles before the crossing:
1. in daylight – a right hand holding a red flag, arm extended horizontally in front of him and perpendicular to the road axis;
2. at night – a red light making half circle.
(2) The railroad officials’ signals are mandatory for the vehicle drivers, approaching the crossing from both its sides.
Article 12. (1) For vehicle traffic control on intersections, pedestrian crossings, narrow sections and other parts of the road, traffic lights with continuous and blinking red, yellow, and green light signals shall be used.
(2) For vehicle traffic control on a separate road lane, traffic lights, placed over the lane, with continuous red and green light signals, shall be used.
(3) For vehicle traffic control on the regular passenger public transportation lines, traffic lights with four light fields, making continuous moon-white light signals, shall be used. The meaning of the light signals shall be determined according to the layout of the light fields.
(4) For pedestrian traffic control, traffic lights with continuous and blinking red and green light signals shall be used.
(5) For prohibiting vehicles from passing a railroad crossing, a blinking red light signal shall be used. This signal shall also be allowed to be used in front of moving bridges, on ferry boats, harbours, and on places, where special-mode vehicles are moving onto the road.
Article 13. (1) In order to warn the traffic participants about dangers on the road, to give them various instructions regarding the right of way, the prohibitions, the application of special rules, the actions of mandatory nature, to guide, give directions, show objects, as well as to provide various additional information to assist the traffic participants, the roads shall have the necessary road signs, additional and other signalling means, placed on them.
(2) In order to direct vehicle and pedestrian traffic on the road, to mark certain areas of the traffic roadway, of objects, located in dangerous proximity to the traffic roadway, as well as to provide useful information to the traffic participants on the traffic roadway and the objects within the range of the road, the corresponding road markings shall be placed.
Article 14. (1) (Redesignated from Article 14, amended, SG No. 43/2002) The Minister of Regional Development and Public Works, together with the Minister of Interior and the Minister of Transport, Information Technology and Communications shall issue an ordinance setting forth the terms and procedure to use the traffic lights, the road signs, the road markings, and the other signalling means, when organising the road traffic on public roads.
(2) (New, SG No. 43/2002) The Minister of Regional Development and Public Works, together with the Minister of Interior, shall issue an ordinance setting forth the procedure to identify and secure the areas of high concentration of traffic accidents on the roads.
Section III
Positioning non-rail vehicles on the road
Article 15. (1) On the road, the vehicle driver shall drive in the rightmost possible part of the traffic roadway, and when the traffic lanes are designated by road markings, shall use the rightmost available lane.
(2) The provisions of Paragraph 1 shall not apply and the driver shall be allowed to use the lane, which is the most convenient to him, in the following cases:
1. (Repealed, SG No. 51/2007);
2. (Amended, SG No. 51/2007) In towns and villages on roadways with two or more traffic lanes for traffic in one direction, marked with road markings or with a road sign on which vehicles are allowed to drive at speed not exceeding 80 km/h.
3. when moving into the traffic lane is allowed by a light signal.
(3) The number of traffic lanes shall be determined by the road markings or by a road sign, and when no such exist – by the drivers, taking into account the width of the traffic roadway, the width of the non-two-wheel vehicles, and the necessary side distance between them.
(4) When there is a road, a traffic roadway, a traffic lane, or a drive, intended for use by certain vehicles, the drivers of these vehicles shall use them.
(5) When there is no traffic lane or a drive, specifically intended for them, the riders of mopeds, bicycles, and other non-motor vehicles shall be allowed to use the right-hand kerbside, if it is suitable for this purpose, and if it does not hinder the other traffic participants.
(6) (New, SG No. 51/2007) When a traffic lane is signalled as designated for the traffic of regular public passenger vehicle lines alone, other vehicles are not allowed to drive on it.
(7) (New, SG No. 54/2010) It shall be prohibited for motor vehicles to pass through or park in parks, gardens and children’s playgrounds outside the places specifically designated for that purpose.
Article 16. (1) On a two-way roadway, the vehicle driver shall be prohibited:
1. when the traffic roadway has two traffic lanes, from moving into and driving on the opposite traffic lane, except when overtaking or driving round;
2. when the traffic roadway has three traffic lanes, from moving into and driving on the leftmost lane; moving into and driving on the middle lane shall be allowed only when overtaking or driving round;
3. when the traffic roadway has four and more traffic lanes, from moving into and driving on the opposite traffic lanes.
(2) On a road with two or three separate traffic roadways, the vehicle driver shall be prohibited from moving into the leftmost roadway.
Article 17. On a roadway with three or more traffic lanes in one direction, marked by a road sign, the driver of a vehicle, which is unable to move or accelerate to the highest allowed speed for the road, shall be prohibited from moving into the leftmost lane for this direction, except when overtaking or driving round.
Article 18. (1) The driver of a slow-moving vehicle shall drive in the rightmost traffic lane, except when overtaking or driving round;
(2) When there is a traffic lane, marked by a road sign as designated for use by slow-moving vehicles, the drivers of these vehicles shall use this lane.
Article 19. (1) (Redesignated from Article 19, SG No. 43/2002) When a railway is placed over the traffic roadway, the non-rail vehicle drivers, driving on it, shall clear it as fast as possible, when a rail vehicle approaches, in order to let it pass.
(2) (New, SG, No. 43/2002) When the road has a roadway, which is designated for use by rail vehicles, its use by non-rail vehicles shall be prohibited.
Section IV
Speed and distance. Decelerating
Article 20. (Amended, SG No. 43/2002) (1) Drivers shall be in constant control of the vehicles they are driving.
(2) (Amended, SG No. 51/2007) Vehicle drivers shall, when choosing the driving speed, take into account the weather conditions, the lay of the terrain, the condition of the road and of the vehicle, the cargo hauled, the nature and the intensity of traffic, the specific visibility conditions in order to be able to stop before each foreseeable obstacle. Drivers are obliged to lower their speed and if necessary to stop when danger for traffic has occurred. .
Article 21. (1) (Amended and supplemented, SG No. 43/2002) When choosing the driving speed, the vehicle driver shall be prohibited to exceed the following speed values in km/h:

Vehicle of:
Built-up area
Outside a built-up area
Motorway

A Category
50
80
100

B Category
50
90
130

C, D Categories
50
80
100

B+E, C+E, D+E Categories
50
70
100

T Category
50
50
-

M Category
45
45
-

Self-propelled machines
40
40
-

(2) When the speed value, which shall not be exceeded, is different than the one set forth in Paragraph 1, this shall be signalled by a road sign.
Article 22. (1) The vehicle driver shall not drive too slowly without a good reason, when driving this way hinders the movement of the other vehicles.
(2) Driver of a vehicle, which is moving at slow speed, and thus creates a line of vehicles, shall let them pass at first opportunity.
(3) The vehicle driver shall be prohibited from driving at slow speed without the hazard warning flashers on.
Article 23. (1) The vehicle driver shall drive at such a distance from the vehicle ahead of him, which allows him to avoid colliding with it, when it decelerates or makes a sudden stop.
(2) In order to make overtaking easier on two-lane two-way roads outside towns and villages, drivers of vehicles or vehicle compositions, exceeding 7 meters of length, except in cases, when they are conducting an overtake, shall maintain such a distance between their vehicle and the vehicle moving ahead of it, which allows the vehicles overtaking them to safely take a place between them.
Article 24. (1) The vehicle driver shall not decelerate suddenly, save as is necessary to prevent a traffic accident.
(2) Before significantly decelerating the vehicle when driving, the driver shall make sure not to create danger for other traffic participants, and not hinder their movement unnecessarily. In this case, the driver of a vehicle, which does not have brake lights, or has its brake lights damaged, shall make a hand signal in due course.
Article 24a. (New, SG No. 51/2007, amended, SG No. 54/2010) (1) To slow down traffic, speed bumps or other facilities shall be built or installed on the traffic roadway.
(2) The Minister of Regional Development and Public Works and the Minister of Interior shall by an ordinance determine the terms of building and installing speed bumps and other facilities to slow down traffic onto the traffic roadway.
(3) Building or installing speed bumps onto the traffic roadway of national roads outside towns and villages shall not be allowed.
Section V
Manoeuvres
Article 25. (1) A vehicle driver, who is about to make any manoeuvre, such as moving onto of a line of parked vehicles or moving in between them, moving right or left on the traffic roadway, in particular, to move onto another traffic lane, turning right or left to move into another road or roadside property, before starting the manoeuvre, shall make sure not to create danger for traffic participants moving behind, ahead, or passing the driver, and shall make the manoeuvre, taking into account their position, direction and moving speed.
(2) When making a manoeuvre, which is associated with moving partially or fully into an adjacent traffic lane, the driver shall let the vehicles which are moving along it pass first. When such a manoeuvre has to be made simultaneously by two vehicles into two adjacent traffic lanes, the driver of the vehicle in the right-hand lane shall have the right of way.
Article 26. Before turning or starting any manoeuvre, associated with moving sidewards, the driver shall make a clear and sufficiently perceptible signal in due course. The signal shall be made by the turn signals of the vehicle, and for vehicles without turn signals, or with damaged ones, -by hand. The signal, made by the turn signals, shall be on for the full duration of the manoeuvre and shall be stopped immediately after the end of the manoeuvre. The signal, made by hand, shall be allowed to be terminated immediately before starting the manoeuvre.
Article 27. When there is an island or an obstacle on the traffic roadway, the vehicle driver shall be allowed pass to its left or right side, except in cases of:
1. a road sign specifying the side to pass;
2. the island or obstacle being positioned in the middle of the two-way roadway; in this case, the driver shall pass to its right.
Section VI
Signals given by traffic participants
Article 28. (1) In order to warn the other traffic participants about his/her intent to make a manoeuvre, the vehicle driver shall give the following signals:
1. left turn signal or left arm, extended horizontally to the driver’s side – for turning left or moving to the left;
2. right turn signal, right arm, extended horizontally to the side or left arm, with bent elbow, and pointing upwards – for turning right or moving to the right.
(2) As an additional signal, when manoeuvring, the driver shall be allowed to use switching of the lights, and when outside of towns and villages – to use also a sound signal.
Article 29. The stop signal, made by a driver of a vehicle, which has no brake lights or has its brake lights damaged, shall be left or right arm extended upwards.
Article 30. The use of a sound signal in towns and villages shall be prohibited, except in order to prevent a traffic accident.
Article 31. In order to warn the traffic participants about a danger, the driver shall be allowed to make an emergency signal by simultaneously turning on all turn signals.
Article 32. (1) Before moving onto the traffic roadway, pedestrians shall be allowed to signal their intent by making an arm signal – left or right arm extended upwards or perpendicular to the road.
(2) The signal under Paragraph 1 does not release pedestrians from their obligation, before moving onto the traffic roadway, to take into account the distance to the vehicles approaching and their driving speed.
Article 33. (Amended, SG No. 43/2002) When children are crossing the traffic roadway, in order to stop the vehicles, a “Stop! Children” signal shall be allowed to be made using a red flag baton or by hand.
Article 34. (1) A special-mode motor vehicle shall make a flashing blue or red light signal and a special sound signal simultaneously.
(2) A motor vehicle, which, because of its specific mode of movement, presents an obstacle or a danger to the other traffic participants on the road, shall be marked by a yellow blinking or flashing light.
Section VII
Turning right or left
Article 35. (1) Turning right shall be done from the extreme right-hand traffic lane in the direction of movement, and when the traffic lanes are marked for driving in the corresponding direction – from a lane, designated for turning right.
(2) When the turning radius of the vehicle is larger than the radius of the turn, turning shall be allowed to start from another section of the traffic roadway, but the driver of the turning vehicle shall let the vehicles driving to his/her right pass first.
(3) (Amended, SG No. 54/2010) When turning right to move onto a two-way road, the vehicle driver shall make the turn moving onto the right-hand section of the traffic roadway over the shortest possible distance.
(4) Right turn shall be allowed on red traffic light, only when a corresponding road sign or light signal is present, and the driver shall let the pedestrians pass first, shall not hinder traffic, and shall turn after making sure that the road is clear to pass.
Article 36. (1) Turning left shall be made from the extreme left-hand traffic lane, and when traffic lanes are marked for driving in a corresponding direction, from a lane designated for turning left.
(2) When turning left to move onto a two-way road, the vehicle driver shall make the turn moving onto the right section of the traffic roadway over the shortest possible distance.
Article 37. (1) When turning left to move onto another road, the driver of the turning non-rail vehicle shall let the vehicles driving in the opposite direction pass first. The same rule shall be followed by the drivers of the rail vehicles among themselves.
(2) The driver of a non-rail vehicle, turning left or right to move into a roadside territory, such as yard, factory, garage, parking lot, gas station, and other similar facilities, shall let the vehicles and pedestrians, moving on the road he/she is leaving, pass first.
(3) The driver of a vehicle, moving onto a road from a roadside territory, such as yard, factory, garage, parking lot, gas station, and other similar facilities, shall let the pedestrians and the vehicles, moving along this road, pass first.
Section VIII
Turning back. Moving backwards
Article 38. (1) Turning back shall be done by turning left from the extreme left-hand traffic lane.
(2) When turning back, the driver shall let the vehicles, moving in the opposite direction, pass first.
(3) When the width is insufficient, turning back shall be allowed to start from another part of the traffic roadway, but the driver of the turning vehicle shall also let the vehicles, driving to his/her left in the same direction, pass first.
(4) When turning back on an intersection, moving backwards shall not be allowed.
Article 39. Turning back shall be prohibited at a pedestrian crossing, a railroad crossing, a bridge, an overpass, in a tunnel, in an underground passage, in limited visibility or in reduced visibility under 50 meters.
Article 40. (1) Before starting to move backwards, the driver shall make sure that the road behind the vehicle is clear and that he/she will not create any danger or hinder the other traffic participants.
(2) When moving backwards, the driver shall constantly observe the road behind the vehicle, and when this is not possible, the driver shall ensure a person to signal dangers to him/her.
Section IX
Overtaking
Article 41. (1) Vehicles shall be overtaken from their left side.
(2) When overtaking, the vehicle driver shall leave the traffic lane, on which he/she is driving, shall move into the adjacent traffic lane partially or fully, shall pass the vehicle, which is moving in the same direction, and shall return to the traffic lane he/she left.
Article 42. (1) A driver, about to overtake, shall:
1. before making a signal, make sure that he/she is not being overtaken by another vehicle and that the vehicle moving behind him/her, or the one he is about to overtake, has not made a signal for changing its direction to the left;
2. after making a signal, make sure that he/she has visibility, clear road for a distance sufficient for the overtake, and that he/she is able to move into position on the traffic lane ahead of the vehicle being overtaken, without forcing it to decelerate or change its direction.
(2) A driver, who is overtaking, shall:
1. during overtaking, ensure sufficient side distance between his/her vehicle and the one being overtaken;
2. when, during overtaking, moving into a traffic lane, designated for opposite traffic, not pose any danger or hinder the vehicles, moving along it;
3. make sure that, by driving at a safe speed, is able to complete the overtake in short time.
(3) The driver of the vehicle being overtaken shall not accelerate and shall not hinder the overtaking in any other way.
Article 43. Overtaking motor vehicles, apart from mopeds and motorcycles without a sidecar, shall be prohibited:
1. when the visibility distance, limited by the road type or reduced by fog, snowfall, and other similar conditions, is less than the one required to complete the overtake at the chosen driving speed;
2. at an intersection of equivalent roads;
3. at a gateless railroad crossing;
4. when using an opposite traffic lane, when the overtaking vehicle is not able to return safely to the traffic lane it has left;
5. before a pedestrian crossing, when the vehicle being overtaken blocks the visibility towards the pedestrian crossing.
6. (New, SG No. 51/2007) before or at signalled pedestrian crossing
Article 43a. (New, SG No. 51/2007) Overtaking or going round rail vehicles from the left side is forbidden.
Section X
Passing in opposite direction
Article 44. (1) When passing in opposite direction, the drivers of the vehicles shall ensure sufficient side distance between the vehicles.
(2) If passing in opposite direction cannot be done safely, due to the presence of an obstacle or narrowing of the traffic roadway, the driver, whose traffic lane is occupied, shall decelerate or stop in order to let the vehicles driving in opposite direction pass first.
Article 45. (1) On mountain roads and roads with a steep down slope, when passing in opposite direction is impossible or hindered by insufficient roadway width, the driver of the descending vehicle shall stop and let the ascending vehicle pass first.
(2) (Amended, SG No. 43/2002) This rule shall not apply in cases when the passing areas are located in a way allowing the driver of the ascending vehicle to stop at the passing area ahead of him, without the need of moving backwards.
(3) When passing in opposite direction is impossible without moving backwards, this manoeuvre shall be made by:
1. the driver of the single vehicle instead of the composition of vehicles and the jointed vehicles;
2. the driver of the lighter vehicle instead of the heavier one;
3. the driver of the lorry instead of the bus.
(4) When both vehicles are of the same category, the descending vehicle driver shall move backwards, except in cases when it is obvious that it will be safer for the ascending vehicle to do so, as well as when the latter is closer to the specially established passing area.
Article 46. When the road width does not allow the vehicles to pass in opposite direction without taking additional safety measures, the vehicle driver shall drive at a speed allowing him to stop at a distance not longer than half of the road length in his/her visibility range.
Section XI
Passing through an intersection
Article 47. Driver of a vehicle, approaching an intersection, shall drive at a speed, allowing him/her, if necessary, to stop and let the traffic participants, having the right of way, pass first.
Article 48. On an intersection of equivalent roads, the vehicle driver shall let the vehicles driving or approaching to his/her right pass first, and the driver of a non-rail vehicle shall let the rail vehicles, regardless of their position and direction of movement, pass first.
Article 49. Driver of a vehicle, moving out of a dirt road into a paved road, shall let the vehicles and pedestrians, moving on the paved road, pass first.
Article 50. (1) On an intersection, where one of the roads is signalled as having the right of way, the vehicle drivers on the other roads shall let the vehicles on the road having the right of way pass first.
(2) When there is an instruction at an intersection that the road with the right of way is changing its direction, the drivers on this road shall follow, among themselves, the rules of Article 48. Same rules shall be followed also by the drivers of the vehicles, which are not on the road with the right of way.
Article 50a. (New, SG No. 51/2007) Entry into an intersection, even if allowed by a traffic light signal, is forbidden if the conditions at the intersection are such that the driver will be forced to stop in the an intersection or to hinder traffic across
Section XII
Railroad crossing
Article 51. (1) Each traffic participant shall pay special attention when approaching a railroad crossing and passing through it.
(2) The vehicle driver, when approaching a railroad crossing, shall drive at a speed, allowing him to stop before the crossing, if necessary.
(3) The stop of the vehicles shall be mandatory before a gateless railroad crossing.
(4) Except when otherwise instructed by road signs or road markings, when before the railroad crossing, the vehicles shall stop at a distance no less than 2 meters from the first rail, and when there are gates, 1 meter from them.
Article 52. Traffic participants shall be prohibited from passing through a railroad crossing:
1. when gates are down, starting to go down or up, regardless of whether light or sound signals, prohibiting moving into the railroad crossing, are coming from the corresponding device;
2. when there is a flashing red traffic light or active sound signalisation, regardless of the gates’ position.
Article 53. (1) Before passing through the railroad crossing, each traffic participant shall, regardless of the state of the gates, and the light and sound signalisation, make sure that no rail vehicle is approaching the crossing and that passing through the railroad crossing is safe.
(2) The vehicle driver shall not commence passing through the railroad crossing, if he is not convinced beforehand that no stop on the rails or at a distance less than 2 meters from them will be necessary, due to the technical specifications of the vehicle, the traffic conditions, or other predictable reason.
Article 54. (1) In case of an emergency stop of the vehicle on the rails or at a distance less than 2 meters before the first or after the last rail, the driver shall:
1. lead the passengers out of the vehicle at a safe distance;
2. take measures to move the vehicle out of the railroad range, and if it is not possible, to do everything necessary to warn the drivers of the rail vehicles from both directions about the danger created.
(2) The warning to stop a rail vehicle in daylight shall be made by circular motion of the hand, holding an easily visible object of bright colour, and at night – a lantern or a lit torch.
Section XIII
Motorway. Automotive road
Article 55. (1) (Amended, SG No. 43/2002) On a road, marked as a motorway by the corresponding road sign, only cars and motorcycles with a maximum design speed exceeding 50 km/h shall be allowed to travel. The travel of other vehicles, as well as that of pedestrians, leading of animals, and cars, towing vehicles with a flexible line, moving into the motorway, shall be prohibited.
(2) Driving advertising vehicles, test-driving cars and motorcycles, organising demonstrations and proceeding with commercial and other marches, shall be prohibited.
Article 56. A driver moving onto a motorway, shall let the vehicles moving on it pass first, and a driver wishing to exit the motorway, shall in due course take position in the corresponding exit traffic lane.
Article 57. (Amended, SG No. 43/2002) When the motorway has three and more traffic lanes for driving in one direction, drivers of cars with maximum permissible mass of more than 3.5 tons, as well as drivers of compositions of vehicles, the total length of which, including the load, is more than 7 meters, are allowed to drive only in the rightmost traffic lane and the one adjacent to it. Moving into and driving in the other lanes shall be prohibited, including when overtaking.
Article 58. When driving on a motorway, the driver shall be prohibited from:
1. stopping the vehicle to idle or park outside the areas specially designated for these purposes;
2. turning back, moving backwards, moving into the division strip or crossing it, including on places where it is dashed;
3. driving in the hard shoulder;
Article 59. (1) Vehicle driver, who is forced to stop due to circumstances beyond his/her control, shall be allowed to do so on the hard shoulder outside the traffic roadway, and at night or at reduced visibility shall signal the stopped vehicle by a warning reflective triangle, or by hazard warning flashers turned on. If it is impossible to fix the failure and proceed, he shall take measures to pull the vehicle out of the motorway as fast as possible.
(2) A vehicle, which has sustained a failure while moving on a motorway, shall be allowed to be towed by a flexible line only to the nearest motorway exit.
Article 60. The provisions of Article 55, 57, 58, and 59 shall also apply to the traffic on automotive roads, designated as such by the corresponding road sign.
Section XIV
Special traffic rules in a residential area
Article 61. A residential area shall be a separate, specifically organised territory in a built-up area, which is designated as such on its entrances and exits by road signs, and where special traffic rules shall apply.
Article 62. In the residential area, the following special rules shall apply:
1. pedestrians shall be allowed to use the full width of the road for walking, and children – for playing, without unnecessarily hindering the vehicle traffic;
2. vehicle drivers shall drive at a speed not exceeding 20 km/h, and shall not endanger the pedestrians and create obstacles for their movement;
3. parking in a residential area shall be allowed only on specifically designated areas;
4. when exiting a residential area and moving into another road, the vehicle drivers shall let the traffic participants, moving on it, pass first.
5. (New, SG No. 51/2007, repealed, SG No. 54/2010).
Section XV
Special traffic rules in a tunnel
Article 63. When driving in a tunnel, marked by a road sign at its start, the driver shall:
1. turn the driving lights or the fog lights on;
2. switch the engine off, when making an emergency stop in the tunnel, if this stop is not a short one.
Article 64. When driving in a tunnel, moving backwards, turning back, stopping to idle, and parking shall be prohibited.
Section XVI
Stops of vehicles from the regular passenger public transportation lines
Article 65. When driving in a traffic lane by a stopping, stopped, or starting to move vehicle from a tram, trolley bus, or bus stop, marked by a road sign, the non-rail vehicle driver shall in due course decelerate, in order to be able to stop, if necessary.
Article 66. (1) When making a right-side approach to a tram, which is stopping or has stopped at a stop marked by a road sign, the non-rail vehicle driver shall stop one meter behind the tram.
(2) When approaching a stop, which has an island on the traffic roadway, the non-rail vehicle driver shall decelerate and, if necessary, stop, in order to let the pedestrians safely cross the traffic roadway between the sidewalk and the island.
Article 67. The non-rail vehicle driver shall decelerate, and, if necessary, stop, in order to allow the vehicles from the regular passenger public transportation lines to make the necessary manoeuvres for driving off from the designated stops. This does not release the drivers of the regular passenger public transportation lines from taking the necessary safety measures.
Article 68. (1) When the stops are designed with a special roadway shoulder, the driver of the non-rail vehicle from the regular passenger public transportation lines shall stop on this shoulder, and when no such shoulder is present, to stop as close as possible to the traffic roadway border.
(2) The driver of the vehicle from the regular passenger public transportation lines shall provide opportunity for passengers to get on and off safely.
(3) Passengers getting on and off the vehicle of the regular passenger public transportation lines shall be allowed only on stops, when the vehicle is not moving.
Article 69. At a stop intended for the vehicles from the regular passenger public transportation lines, other vehicles shall be allowed to stop for passengers getting on and off, only if they do not hinder the vehicles, for which the stop is intended. Taxicabs idling for the purposes of waiting for passengers shall be prohibited.
Section XVII
Using lights
Article 70. (1) When moving at night and at reduced visibility, the motor vehicles and trams shall have their driving or fog lights turned on, as well as their rear lights and the light for the rear registration plate.
(2) Usage of fog lights shall be prohibited:
1. when passing in opposite direction; in this case, switching from fog to driving lights shall be made, when the distance between the vehicles is no less than 150 meters, or at the moment when the opposite driver makes a signal by switching lights;
2. when driving on illuminated sections of the road;
3. when driving behind another vehicle at a distance less than 50 meters.
(3) (Amended, SG No. 61/2006) Motor vehicles, in the period:
1. between 2 March and 31 October may move with daytime or driving lights on;
2. between 1 November and 1 March, shall move with daytime or driving lights on;
Article 71. (1) Each animal-drawn vehicle shall have two white or yellow reflectors at the front, two red reflectors at the rear, and when moving at night and at reduced visibility – a lighting body emitting a white or yellow, well visible light on the rear left side. The reflectors shall be positioned symmetrically on both sides of the vehicle.
(2) Each cart, drawn or pushed, when moving at night and at reduced visibility, shall have at least one white or yellow well visible light at the front, and at least one red light at the back. It shall be allowed for the source of these lights to be a single one, positioned at the left side of the cart. The lights shall not be mandatory for carts less than 1 meter wide.
Article 72. Each vehicle or a composition of vehicles on the traffic roadway, to which the requirements listed above cannot be applied, shall have at night at least two white or yellow lights at the front and two red lights at the back.
Article 73. (Amended, SG No. 43/2002) On a road outside a built-up area at night or at reduced visibility, each motor vehicle stopped on the traffic roadway and the trailer it is pulling shall be marked by rear lights turned on.
Article 74. (1) Additional fog lights shall be allowed to be used only on significantly reduced visibility, caused by fog, snowfall, rainfall, or other similar conditions. These lights shall not be used separately.
(2) An additional rear fog light with a red colour shall be used only when visibility is reduced below 50 meters.
Article 74a. (New, SG No. 51/2007) The emergency signal may be switched on to warn the remaining participants in the traffic about various dangers when the motor vehicle has stopped due to a breakdown or has been involved in a traffic accident and the vehicle cannot be moved immediately and becomes an obstacle for the other participants in the traffic.
Article 75. (Supplemented, SG No. 51/2007) In daylight, motorcycles and mopeds shall be ridden with front lower beam and rear lights switched on. .
Article 76. Using other lights, except the ones set forth in this Act and the statutory instruments issued pursuant to it, shall be prohibited.
Article 77. When blinded, the driver shall decelerate and, if necessary, stop.
Article 78. When driving at night and at reduced visibility outside towns and villages, the person leading a herd, moving along the traffic roadway, shall identify it from the traffic side by a lit lantern.
Section XVIII
Special rules for certain traffic participants
Article 79. In order to be used in road traffic on public roads, each bicycle shall have the following items in working condition:
1. brakes;
2. a bell and no other sound signal;
3. a device for emitting white or yellow, well visible light at the front and a red reflector at the back; installing a red light emitting device at the back shall be admissible;
4. white or yellow reflectors or reflective elements on the sides of the wheels.
Article 80. The bicycle rider shall ride as close as possible to the right border of the traffic roadway.
Article 81. The rider of a two-wheel vehicle shall be prohibited from:
1. riding alongside another two-wheel vehicle;
2. steering the vehicle without holding the handlebars, and releasing the pedals used to control the vehicle;
3. riding next to another vehicle or holding on to another vehicle;
4. carrying, pulling, or pushing objects, hindering the steering of the vehicle or creating danger for the other traffic participants;
5. steering the vehicle on areas, designated for pedestrian use only; this prohibition does not apply to bicyclists under the age of 12.
Article 82. Bicycle riding in a training group shall be prohibited, if there are no escorting automobiles or motorcycles both in front of the group and behind it.
Article 83. (1) Towing of a disabled motor vehicle shall be done with a flexible line, with a solid line, or by an automobile with a special attachment.
(2) (Amended, SG No. 43/2002) Towing of a disabled motor vehicle with a maximum admissible weight of more than 5 tons shall be done only by a solid line or by a special automobile.
(3) The drivers of the towing and the towed motor vehicles shall agree beforehand to signals for mutual understanding during movement, and in particular – the stop signal.
Article 84. When towing, the maximum allowed driving speed shall be 40 km/h, and when towing with a solid line on a motorway – 70 km/h.
Article 85. (1) When towing with a solid line, the drawbar shall be between 2 and 4 meters of length and shall be coloured with red and white stripes going across. The motor vehicle being towed shall have a working steering system.
(2) When towing with a flexible line, its length shall be between 4 and 6 meters and it shall be marked on at least two places by a red flag. The motor vehicle being towed with a flexible line shall have working steering and braking systems.
Article 86. (Supplemented, SG No. 54/2010) When moving, the towing motor vehicle shall have its driving lights and hazard warning flashers on, and the vehicle being towed shall have its hazard warning flashers on, or a reflective triangle placed at its rear. When moving at night or in conditions of reduced visibility and disabled lighting system, the motor vehicle being towed shall have a red light on its left rear side.
Article 87. It shall be prohibited:
1. for passengers to ride in the motor vehicle being towed;
2. to tow two-wheel vehicles and motorcycles with a sidecar, as well as to use them for towing;
3. to tow a motor vehicle with a motor vehicle with a trailer, and vice versa;
4. to tow at reduced visibility under 50 meters;
5. to tow with a flexible line on a slippery road.
Article 88. The conduct of organised marches and races on public roads shall be allowed only after permission by their owners or the administration managing the road and after prior coordination of the routes, conditions, and schedule with the Ministry of Interior’s authorities.
Article 89. The marches shall move in a column on the rightmost clear traffic lane. The width of the column shall not exceed the width of one traffic lane.
Article 90. The other traffic participants shall be prohibited from crossing a march.
Article 91. (1) Special-mode motor vehicles shall be cars and motorcycles which, when moving, give a flashing red and/or blue light signal and a special sound signal simultaneously.
(2) The special mode shall be used only when necessary.
(3) (Amended, SG No. 43/2002, supplemented, SG No. 85/2004, amended, SG No. 82/2006, amended, SG No. 102/2006, amended and supplemented, SG No. 109/2007, amended, SG No. 69/2008, SG No. 93/2009) The special mode shall be used by the motor vehicles of: the Medical Emergency Aid, the State Agency for National Security, , the Chief and District Directorates of the Ministry of Interior, the National Assembly, the National Security Service, the Chief Directorate “Security” and the Chief Directorate “Execution of Judgement”, the marked cars of the Military Police Service with the Minister of Defence and other services of the Ministry of Interior, set forth by the Minister of Interior.
(4) (New, SG No. 43/2002) The Minister of Interior shall issue an ordinance, setting forth the terms and procedure to use special mode for the motor vehicles.
Article 92. (1) The special-mode motor vehicle driver shall be able to:
1. pass on prohibitive traffic light signal or pass without stopping, when stopping is required by a road sign, but only after decelerating enough to be able to do so safely;
2. exceed the maximum allowed driving speed to an extent not endangering a person’s life or property;
3. not obey the traffic organisation, when it applies to driving direction and turning in certain directions;
4. park or idle, regardless of the provisions of this Act; during that time, he/she shall be allowed to give only light signals;
(2) The provisions of Paragraph 1 shall not release the special mode motor vehicle drivers, as well as the drivers of the vehicles escorted by them, from their obligation to drive safely.
Section XIX
Idling. Parking. Vehicle stopped because of a failure
(Title supplemented, SG No. 43/2002)
Article 93. (1) A vehicle shall be idling, when it is stopped for a limited period of time, necessary for passengers to get on or off, or for loading and unloading in the driver’s presence.
(2) A vehicle shall be parked, when it is stopped due to circumstances different than the ones characterising it as idling, as well as other than the circumstances related to the necessity to stop in order to avoid conflict with another traffic participant or collision with an obstacle, or when obeying the traffic rules.
Article 94. (1) For idling outside towns and villages, vehicles shall be stopped outside the traffic roadway. When this is impossible, stopping to idle shall be done in parallel to the road centreline, to the extreme right of the roadway.
(2) For parking outside towns and villages, the vehicles shall stop outside the traffic roadway. Parking on the traffic roadway shall be prohibited.
(3) (Amended, SG No. 43/2002, amended and supplemented, SG No. 51/2007) To idle and park in towns and villages, vehicles shall stop at the farthest possible right-hand side of the traffic roadway in the direction of the traffic and in parallel to the road center. It shall be admissible for vehicles with maximum admissible weight of up to 2. 5 tons to idle and park on the sidewalks only at places designated by the road owners or by the administration in parallel to the road’s center line, if there is a distance of at least 2 meters to the side of the buildings left for passage of pedestrians.
(4) (Amended, SG No. 43/2002) On a one-way road, it shall be admissible to idle on the left-hand side, too, if it does not hinder the vehicle traffic.
Article 95. (1) (Previous Article 95, SG No. 51/2007) The drivers and the passenger shall be allowed to open a door, to keep it open, to get on and off the vehicle which has been stopped to idle or parked, after making sure that it will not endanger other traffic participants.
(2) (New, SG No. 51/2007) Children up to the age of 12 get on and off automobiles that have stopped on the roadway on the side of the sidewalk or the kerbside.
Article 96. The driver of a vehicle which has been stopped to idle or parked shall take measures for it not to be able to start or move by itself.
Article 97. (1) On a road outside a built-up area, the driver of a non-two-wheel vehicle which has been stopped on the traffic roadway because of a failure shall immediately move it out of the traffic roadway.
(2) On a road in a built-up area, the driver of a non-two-wheel vehicle which has been stopped on the traffic roadway because of failure shall immediately move it to a place, where parking is allowed, or outside the traffic roadway.
(3) In cases under Paragraph 1 and 2, when moving is impossible, the driver shall mark the disabled vehicle by a warning reflective triangle or by another suitable way making it noticeable in due course by the drivers of approaching vehicles.
(4) (Amended, SG No. 51/2007) The warning reflective triangle shall be placed at a distance no less than 30 meters from the disabled vehicle, in the traffic lane it occupies, and facing opposite to the direction of driving for the vehicles going round it. On motorways and roads with allowed driving speed of more than 90 km/h, the warning reflective triangle shall be placed at a distance of no less than 100 m.
(5) As an additional signal to mark a disabled vehicle turning the hazard warning flashers or the rear lights on shall be allowed.
(6) The rules under Paragraph 4 and 5 shall apply also to the vehicles which have been stopped to provide assistance.
(7) (New, SG No. 51/2007) When emergency, fire-fighting and rescue activities are undertaken on the roadway, the drivers of special mode road vehicles shall in addition designate the place with light reflecting cones.
Article 98. (1) Standing and parking shall be prohibited:
1. at a place, where the vehicle endangers or hinders the traffic, or blocks other traffic participants from viewing a road sign or a signal;
2. next to a vehicle idling or parked on the traffic side;
3. in tunnels and underground passages, on bridges, overpasses, narrowed road areas and in areas with limited visibility;
4. on tram railways and railroads, or so close to them that it can hinder the traffic of the rail vehicles;
5. at pedestrian passages and bicycle lanes and at a distance of less than 5 meters before them;
6. at intersections and at less than 5 meters from them;
7. on the traffic roadway, where the distance between the vehicle and the road markings prohibiting crossing is less than 3 meters or where overtaking is prohibited by a road sign;
8. in a traffic lane designated for slow-moving vehicles marked by a road sign.
(2) Except in cases set forth in Paragraph 1, parking shall be prohibited:
1. (Amended, SG No. 51/2007) in front of entrances of parks, theatres, cinemas, enterprises, as well as other places, where it is possible for vehicles to drive in or out;
2. on the traffic roadway and on the sidewalk right in front of entrances to residential buildings and garages, when it hinders the access to them;
3. at the stops of the vehicles of the regular passenger public transportation lines;
4. in places designated for disabled persons;
5. (New, SG No. 85/2004) on the road – for registered vehicles with a registration, which has been revoked or returned to the Ministry of Interior.
6. (New, SG No. 51/2007) in front of entrances and on the sidewalks adjoining facilities for children and schools.
Article 99. (1) In towns and villages the owner or the administration managing the road shall be allowed to designate areas, roads, or parts of roads as zones for short-time parking in certain hours. This time shall not be less than 30 minutes and more than 3 hours.
(2) The parking areas under Paragraph 1 shall be marked by road signs, road markings, and notices, instructing the driver about the parking terms.
(3) The corresponding municipal council shall be allowed to set a parking fee under the terms of Paragraph 1.
Article 99a. (New, SG No. 54/2010) (1) Parking cards allowing parking in the places designated for vehicles serving people with disabilities and use of parking facilities shall be issued by the relevant municipal mayors.
(2) The parking cards referred to in Paragraph 1 shall meet the standardised Community model requirements set out in the Annex to Council Recommendation 98/376/EC of 4 June 1998 on a parking card for people with disabilities.
(3) Parking cards allowing parking in the places designated for vehicles serving people with disabilities and use of parking facilities which have been issued by other European Union Member States shall be valid within the territory of the Republic of Bulgaria, provided that they have been issued in accordance with the requirements of the Recommendation referred to in Paragraph 2.
Section XX
Obligations of vehicle drivers
Article 100. (1) (Previous Article 100, SG No. 6/2004) The vehicle driver shall carry:
1. (Supplemented, SG No. 51/2007) a driving licence for a vehicle of the corresponding category and the control card for the latter;
2. (Supplemented, SG No. 51/2007) a registration certificate for the vehicle he/she is driving and for the towed trailer;
3. (amended, SG No. 103/2005, supplemented SG No. 51/2007) a document for valid mandatory “Civil Liability” driver’s insurance for the driven motor vehicle and for the towed trailer
4. the transportation documents, set forth by the Minister of Transport, Information Technology and Communications;
5. (New, SG No. 51/2007) when leaving the country – a valid international certificate for “Civil Liability” of the drivers for abroad – “Green Card”.
(2) (New, SG No. 6/2004, amended, SG No. 51/2007) The motor vehicle driver shall adhere a valid vignette sticker for a paid vignette fee, pursuant to Article 10, Paragraph 2 of the Roads Act, in the lower right corner of the windshield of the motor vehicle, when driving on the national roads and shall remove the vignette sticker immediately after the expiry of its validity.
(3) (New, SG No. 51/2007) The driver of a motor vehicle that has not been decommissioned is obliged to adhere in the lower left corner of the windshield a valid sticker of the mark for a mandatory “Civil Liability” insurance taken out for the drivers and to carry the control card for the mark. When the motor vehicle technologically is not provided with a windshield and it is impossible to adhere the sticker of the mark on the designated place, the said sticker shall be glued on the insurance policy that is carried by the driver of the motor vehicle and in case of inspection it shall be presented together with the control card.
(4) (New, SG No. 51/2007) The motor vehicle driver is obliged to maintain:
1. (Supplemented, SG No. 88/2008) the registration number plates clean and not to put on them any objects, stuff or substances;
2. the lighting facilities and ones for light signalling during manoeuvres are clean, visible, regulated and in working order:
3. the windshields, windows and mirrors clean.
Article 101. (1) (Supplemented, SG No. 54/2010) When in the course of driving a vehicle failure or fault occurs, endangering traffic safety, the driver shall stop and take measures for their removal. In this case, provided that the stopped vehicle is within the range of the roadway, the driver shall wear a high-visibility vest when outside the vehicle.
(2) When the removal of the failure or fault on the spot is impossible, the driver shall be allowed to move the vehicle by its own power to a place for their removal, but only after taking the necessary measures to ensure traffic safety.
(3) The provisions of Paragraph 2 shall not apply for the following failures or faults:
1. in the main braking system – when leaking braking fluid or air, or when the efficiency of the braking system does not cover the regulatory requirements, which leads to an impaired stability of the vehicle, or the composition of vehicles, when braking or lengthens their braking distance;
2. in the pneumatic braking system – when, except the faults set forth in Item 1, the compressor does not provide the necessary air pressure to power the system;
3. when the steering system has parts and units that are unsecured, unprotected against self-loosening, or damaged, with compromised integrity;
4. in the frame, the cab, the body, and the auxiliary equipment, when:
a) the prescribed rear-view mirrors are missing or damaged; this regulation shall not apply to vehicles having direct visibility from the driver’s seat to the road through the back and the side windows.
b) the wipers are not working during rainfall or snowfall;
c) the towing attachment device of the towing vehicle or the trailer, or the supporting attachment device of the tow truck or the semi-trailer are not working;
5. in the power train – if the clutch is not working, or there are missing or damaged securing elements of the drive shaft or the driving axles;
6. the rim of one of the wheels is damaged, with compromised integrity, or there is a missing or damaged element securing the rim to the wheel hub;
7. fuel is leaking;
8. the prescribed lighting devices or reflectors for night driving are missing or not working;
9. (New, SG No. 85/2004) the tire has breaks.
Article 102. (1) (Amended and supplemented, SG No. 43/2002, amended, SG No. 51/2007) It is prohibited for the driver, the owner or the authorized user of a motor vehicle to provide a motor vehicle to a driver who is under the influence of alcohol, narcotics or other intoxicating substances or to an unqualified driver.
Article 103. When there is a stop signal given by the control authorities, the vehicle driver shall stop gradually at the rightmost part of the traffic roadway or at the place indicated by the control authority official and follow the latter’s instructions.
Article 104. (1) When a special-mode motor vehicle is approaching, the drivers of the other vehicles shall clear sufficient space on the roadway, and, if necessary, stop in order to ensure the unhindered passage both of the signalling vehicle, and of the vehicles escorted by it.
(2) Vehicle drivers shall be prohibited from driving immediately after the special-mode vehicles or after the vehicles escorted by them.
Article 104a. (New, SG No. 43/2002, effective 27.05.2002) The vehicle driver shall be prohibited from using a mobile phone while driving the vehicle, except when using a device which allows the use of the phone without using hands.
Article 105. (Amended, SG No. 43/2002) (1) It shall be prohibited to limit the visibility through the windshield and through the side windows of the car, providing visibility for the driver to the road, as well as reducing its transparency.
(2) Limiting the visibility through the back door windows of the cars, as well reducing their transparency, shall be admissible only when there are rear-view mirrors installed on both sides of the car.
Article 106. Animal-drawn vehicle drivers, animal riders, or persons leading herds shall constantly steer the animals so that they do not hinder and endanger the traffic and shall not leave them unattended within the range of the road.
Section XXI
Pedestrian traffic rules
Article 107. Pedestrian shall be each traffic participant who is on the road outside a vehicle and is not performing work on the road. As pedestrians shall be also considered persons who are:
1. pushing or pulling a baby carriage, a wheelchair or another vehicle not powered by an engine and less than 1-meter wide.
2. pushing a bicycle, a moped, or a motorcycle;
3. disabled, moving in wheelchairs driven by their muscular force or powered by an engine, if they are moving at pedestrian speed.
Article 108. (1) Pedestrians shall proceed on the sidewalk or on the kerbside of the roadway.
(2) Pedestrians shall be allowed to proceed on the traffic roadway, in a direction opposite to the vehicle traffic direction, as close as possible to the traffic roadway’s left border:
1. when there is no sidewalk or kerbside, or if their use is not possible;
2. when carrying or pushing bulky objects, when this will hinder the movement of the other pedestrians.
Article 109. Disabled persons who are moving on a wheelchair at pedestrian speed shall be allowed to proceed on the traffic roadway, by keeping as close as possible to its right border.
Article 110. Outside towns and villages, when there is no kerbside or sidewalk or when it is not possible to use them, persons pushing a bicycle, a moped, or motorcycle, shall proceed on the traffic roadway by keeping as close as possible to its right border.
Article 111. (1) (Amended, SG No. 51/2007) A group of pedestrians with a leader, an organized group of servicemen, a group of students, and other similar groups shall be allowed to proceed on the traffic roadway in rows of four by keeping as close as possible to its right border. In this case they have to be marked on the left side as follows:
1. in daylight – by a red flag at the front and at the rear;
2. at night – by white light at the front and by red light at the rear; when the length of the column thus formed is more than 20 meters, the persons walking on the left side at each 10 meters shall carry an additional lighting body emitting white light.
(2) In reduced visibility or in intensive traffic conditions the movement of the pedestrian group with a leader on the traffic roadway shall be allowed only in a column of one after another.
Article 112. (1) (Previous Article 112, SG No. 43/2002, supplemented SG No. 51/2007) An organized group of children up to the age of10 shall be allowed to proceed only on the sidewalk or on the kerbside with the first and the last child wearing a high-visibility vest, and shall be led by at least two persons aged 18 or more. When crossing the traffic roadway, the leader of the group shall in due course give a “Stop! Children” signal by a baton, a red flag, or by hand in order to stop the vehicle traffic.
(2) (New, SG, No. 43/2002) In order to ensure safe crossing of the traffic roadway by children, each person who is 18 years of age or older shall be allowed to give a “Stop! Children” signal by a baton, a red flag, or by hand.
Article 113. (Amended, SG No. 51/2007) (1) When crossing the traffic roadway, pedestrians shall use the pedestrian crossings and observe the following rules:
1. before entry into the traffic roadway, they shall take into account the distances to the approaching vehicles and their driving speed;
2. they shall not extend unnecessarily the crossing time and distance and shall not make unnecessary stops on the traffic roadway;
3. they shall observe the traffic light signals and the signals of the traffic policeman;
4. they shall not transgress through railings or chain fencing.
(2) Outside of towns and villages and on two-lane two-way roads in towns and villages when there is no pedestrian crossing nearby, pedestrians may cross the traffic roadway outside of the places designated for the purpose when observing the rules as per Paragraph 1, items 1, 2 and 4.
Article 114. Pedestrians shall be prohibited from:
1. moving suddenly into the traffic roadway;
2. crossing the traffic roadway in limited visibility;
3. conducting trade or services on the traffic roadway.
Article 115. (1) Pedestrians shall wait for the arrival of the vehicles from the regular passenger public transportation lines on the sidewalk, on the safety island, or on the areas designated by markings, and if no such exist – on the kerbside.
(2) When a special-mode vehicle is giving a signal, pedestrians shall clear the traffic roadway. Crossing shall be allowed after the passage of the signalling vehicle and the vehicles escorted by it.
Section XXII
Drivers’ conduct towards pedestrians
Article 116. The vehicle driver shall exercise caution and care towards pedestrians, especially children, disabled persons, and in particular blind persons walking with a white stick, as well as the senior citizens.
Article 117. When approaching an area where there are children on the road or close to it, the vehicle driver shall decelerate and, if necessary, stop.
Article 118. When a leader of an organised group of children gives a “Stop! Children” signal by baton, red flag, or hand, the vehicle drivers shall stop and wait for the children to pass.
Article 119. (1) When approaching a pedestrian crossing, the non-rail vehicle driver shall let the persons who have stepped on the pedestrian crossing, or the pedestrians passing on it, pass first by decelerating or stopping.
(2) When driving round a vehicle which has stopped before a pedestrian crossing, the non-rail vehicle driver shall drive at such a speed that allows him/her to stop in order to let the pedestrians walking on the pedestrian crossing pass first.
(3) (Repealed, SG No. 51/2007).
(4) (New, SG No. 51/2007, supplemented, SG No. 54/2010) The drivers of non-rail vehicles making turns shall yield the right of way to pedestrians.
Article 120. (1) When the pedestrian passing on a pedestrian crossing is controlled by a traffic light or by a traffic policeman, the vehicle driver shall:
1. when a signal prohibiting passing is given, stop before the pedestrian crossing;
2. after a signal allowing passing is given, let the pedestrians who are still on the pedestrian crossing pass first;
3. not move into a pedestrian crossing, if he/she is not sure that he/she will not be made to stop and remain on the pedestrian crossing after a signal prohibiting passing is given.
(2) When a pedestrian standing on the kerbside or the sidewalk gives a hand signal stating his/her intent to pass through the pedestrian crossing, the non-rail vehicle driver shall stop, without endangering traffic, in order to let the pedestrian pass first.
Article 121. When there is water, mud, or small rocks on the traffic roadway, the vehicle driver shall pass at such a speed that will not lead to staining or hurting the pedestrians.
Article 122. (Supplemented, SG No. 43/2002) The vehicle driver, when approaching a bus which is stopping, stopped, or starting to move and which is designated by an identifying sign that it is transporting an organised group of children, shall decelerate and, if necessary, stop in order to ensure the safety of the children.
Section XXIII
Conduct at a traffic accident
Article 123. (1) Vehicle driver who is involved in a traffic accident shall:
1. stop without endangering the road traffic in order to determine the consequences of the accident;
2. when there are persons injured in the accident:
a) notify the competent authority of the Ministry of Interior;
b) remain at the scene of the accident and wait for the arrival of an official from the Ministry of Interior or the Investigation;
c) (Amended, SG No. 43/2002) until the arrival of the official under Item “b”, take the necessary measures to ensure the traffic safety and to assist the injured, if this is not dangerous to the vehicle driver;
d) (Amended, SG No. 70/2004) not move the vehicle, if it does not hinder the traffic, and shall not change its condition until the arrival of the official from the Ministry of Interior, except if it is necessary to use it to transport the injured persons to the medical facility, after which the driver shall immediately return to the scene of the accident;
e) take measures for the traces of the traffic accident to be preserved until their fixation or description by the competent authorities;
f) (New, SG No. 43/2002) not consume alcoholic beverages before the arrival of the control authorities;
3. when there is only property damage caused by the accident:
a) to co-operate in determining the damage caused by the accident;
b) if there is an agreement between the persons involved in the accident as to the circumstances related to it, they shall fill in their data in a bilateral statement of acknowledgment for the traffic accident, and together inform the control authority of the Ministry of Interior on the territory where the accident has taken place;
c) if there is no agreement between the persons involved in the accident as to the circumstances related to it, they shall, without leaving the scene of the accident, inform the corresponding control authority of the Ministry of Interior on the territory where the accident has taken place, and shall follow the instructions given to them.
(2) (Supplemented, SG No. 103/2005) Each person involved in a traffic accident shall, upon request by other traffic participants, provide data on his/her identity and mandatory “Civil Liability” driver’s insurance and, depending on the consequences of the accident, shall also notify the owners of the property he/she has damaged as a result of the accident.
Article 124. Any vehicle driver who is not involved in a traffic accident, upon arrival at the scene of the accident, depending on the necessity, shall:
1. (Amended, SG No. 43/2002) take measures to insure traffic safety and render aid to injured persons, if it is not dangerous to the vehicle driver;
2. notify the authorities of the Ministry of Interior or the administration of the municipality on the territory of which the accident has taken place.
Article 125. The control authorities of the Ministry of Interior shall visit the scene of the traffic accident when:
1. there is a killed or an injured person in the accident;
2. the accident has caused a congestion of the traffic roadway;
3. the accident involves a vehicle transporting hazardous material or a load, which has spilled on the road and as a result endangers the traffic;
4. there is a foreign-registered vehicle involved in the accident;
5. it is suspected that a person involved in the accident is under the influence of alcohol, another narcotic drug, or does not have the necessary licence to drive a motor vehicle;
6. (Amended, SG No. 43/2002, supplemented, SG No. 102/2005, amended, SG No. 109/2007) the accident involves a vehicle of the Ministry of Defence or the Bulgarian Army as well as of Allied and/or foreign armed forces passing through the territory of the Republic of Bulgaria or present within the said territory; in this case the Military Police Service with the Minister of Defence shall be notified;
7. there is no agreement between the persons involved in the accident as to the circumstances related to it and one of the motor vehicles is not able to move by its own power due to the damage caused to it in the accident.
8. (New, SG No. 103/2005) it is a single-participant accident and the motor vehicle is not capable to move by its own power due to the damages caused to it in the accident.
Article 125a. (New, SG No. 43/2002) (1)(New, SG No. 103/2005, amended, SG No. 97/2007) Ministry of Interior’s control authorities shall issue a protocol for the visit under Article 125 at the traffic accident location. On a monthly basis, until the 25th day of each month, the Ministry of Interior shall submit to the Information Center at the Guarantee Fund, referred to in Article 287 of the Insurance Code, information containing personalized data, pursuant to the ordinance referred to in Paragraph 2 below, about traffic accidents that happened in the previous month and the persons involved.
(2) (Renumbered from Paragraph 1, amended, SG No. 103/2005) The Minister of Interior and the Financial Supervision Commission shall issue an ordinance, setting forth the documents and the procedure for their preparation for traffic accidents under Article 125 and the notification procedure under Paragraph 1.
(3) (Renumbered from Paragraph 2, SG No. 103/2005) The Minister of Interior and the Minister of Health shall issue an ordinance, setting forth the terms and procedure of co-operation between the control authorities and the medical facilities in providing aid to the persons injured in traffic accidents, as well as the procedure for their reporting.
Section XXIV
Special rules of passenger and cargo transportation
Article 126. (Amended, SG No. 43/2002) When transporting cargo, the weight of the loaded vehicle shall not exceed the maximum allowed weight recorded in its registration certificate.
Article 127. (1) The transported cargo shall:
1. not create any danger for the traffic participants;
2. be secured and not dragged along the road;
3. not limit the driver’s visibility and shall not impair the stability and controllability of the vehicle;
4. not block the lights, the signalling devices, the identifying signs, the registration plates, the rear-view mirrors, and the hand signals.
(2) Any cargo which can be spilled, as well as one which is glaring and thus creating a blinding hazard, shall be covered.
(3) When the cargo extends to the side from the farthest protruding part of the vehicle by more than 0.20 meters, and to the front or the rear – by more than 1 meter, the cargo shall be marked by a red flag, and when moving at night – by a white reflector or white light at the front, and a red reflector or red light at the rear.
Article 128. When, during transportation, the whole cargo or a part thereof falls on the road, the driver shall take the necessary measures to signal the cargo and the vehicle and to clean the roadway.
Article 129. The hazardous cargo shall be packed, labelled, marked, and transported, according to the requirements of the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) (SG, No. 73 of 1995).
Article 130. (1) (Amended, SG No. 43/2002) The maximum allowed driving speed of motor vehicles carrying dangerous cargo in a built-up area shall be 40 km/h and outside built-up areas 50 km/h, and on a motorway – 90 km/h.
(2) Parking of a vehicle carrying dangerous cargo shall be done only on parking areas specifically designated for this purpose and, when there are no such areas, out of the traffic roadway at least 200 meters from any built-up area or a designated protected water resource.
Article 131. The driver of a vehicle which is oversized or is carrying hazardous cargo shall not idle on the traffic roadway and drive at reduced visibility under 50 meters.
Article 132. When transporting passengers, the driver shall:
1. conduct the transportation only by vehicles which are suitable for this purpose, according to their loading capacity recorded in the registration certificate;
2. before driving off, make sure that all the requirements for their safe transportation are met;
3. close the doors of the bus, the trolley bus, or the tram before driving off and shall not open them while moving;
4. place the corresponding identifying signs at the front and at the rear of the vehicle, when transporting an organised group of children; this requirement shall not apply to the vehicles from the regular passenger public transportation lines;
5. (New, SG No. 51/2007) stop for passengers on a supplementary bus line to get on and off only at places designated for the purpose by the respective municipal council.
Article 133. (1) (Amended, SG No. 51/2007) Transporting more passengers than set forth in the registration certificate of the vehicle shall be prohibited.
(2) (Amended, SG No. 51/2007) Transporting children under the age of 12 on the backseat of a motorcycle or a moped, or the front passenger seat of a car, shall be prohibited if there is no additional special seat installed for the child.
Article 134. (1) Transporting passengers in tourist trailers, cargo trailers, self-propelled platforms, tractors and other farming machinery, in dumper beds, and in motorcycle sidecars shall be prohibited.
(2) It shall be allowed to transport persons in the bed of a lorry if those persons are to load, unload, accompany, receive or send the cargo being transported, whereby their safety shall be ensured. Their number shall be one person per ton of payload, but no more than 8. These requirements shall not apply to the motor vehicles of the Ministry of Defence.
Article 135. (Amended, SG No. 43/2002, SG No. 51/2007) Passengers shall follow the instructions of the driver and of the vehicle service personnel.
Article 136. (Amended, SG No. 43/2002, repealed, SG No. 51/2007).
Article 137. Passengers shall be prohibited from:
1. standing next to the driver and limiting the latter’s visibility; standing on the steps or on other dangerous places; opening doors while moving; obstructing the door closing or leaning out of the vehicle;
2. travelling in a motor vehicle used for public transportation of passengers with clothing or personal items, including domestic animals, which can soil or hurt the other passengers;
3. getting out of the vehicle when it has been stopped for inspection, without permission given by the control authority;
4. discarding or spilling out items or substances which endanger the traffic or pollute the road or the environment.
Section XXV
(New, SG No. 51/2007)
Safety belts, safety helmets, children’s safety systems
Article 137a. (New, SG No. 51/2007) (1) The drivers and the passengers in motor vehicles of categories M1, M2, M3, and N1, N2 and N3 when moving use the safety belts provided with the motor vehicles,
(2) Safety belts may not be used by:
1. pregnant women;
2. persons whose physical condition does not allow the use of a safety belt;
3. taxi drivers when carrying passengers within the town or village;
4. instructors – when driving a driver training vehicle.
Article 137b. (New, SG No. 51/2007) (1) The children’s safety systems are classified in five groups, depending on the weight of the children for whom they are designated;
1. group 0 – for children weighing under 10 kg;
2. group 0+ – for children weighing under 13 kg;
3. group I – for children weighing between 9 and 18 kg;
4. group II – for children weighing between 15 and 25 kg;
5. group III – for children weighing between 22 and 36 kg;
(2) The children’s safety systems are subdivided into two set categories
1. complete set that includes a combination of bands or flexible components with a safety lock, adjusting and attaching facilities and in some cases an additional seat and/or a protecting barrier and may be fixed by its built-in band or bands;
2. incomplete set that represents an integral children’s safety system and may include a partial safety facility in combination with a safety belt for adults that encompasses the body of the child or holds the facility in which the child is placed.
Article 137c. (New, SG No. 51/2007) (1) The passengers in motor vehicles of categories M1, N1, N2 and N3 when moving use the safety systems with which the motor vehicles are equipped.
(2) For children less than 150 cm in height who are travelling in motor vehicles of the categories M1, N1, N2 and N3, equipped with safety systems, there are used safety systems for children of the complete or the incomplete set in the sense of Article 137b, Paragraph 2 in line with the weight of the child in compliance with Article 137b, Paragraph 1.
(3) Transportation of children under the age of three is not allowed in motor vehicles of the categories M1, N1, N2 and N3 that are not equipped with safety systems, while children aged three or more years and with a height under 150 cm shall take a seat not in front.
(4) In taxi-cabs which are not equipped with safety systems for children, children with under 150 cm in height shall be transported on seats that are not in front.
(5) Transportation of children in children’s safety systems that are turned in a direction opposite to the direction of the normal movement of the vehicle, when the system is affixed to a passenger seat with an air bag located in front, is not allowed unless the air bag is deactivated.
Article 137d. (New, SG No. 51/2007) The children’s safety systems shall meet the requirements of Rule 44/03 of the UN Economic Commission for Europe or of ordinance as per Article 138, Paragraph 4 regarding type approval of new motor vehicles with respect to the safety belts and the safety systems and type approval for safety belts and safety systems.
Article 137e. (New, SG No. 51/2007) (1) All seated passengers aged three or more years in motor vehicles of the categories M2 and M3 that are moving use the safety systems with which the motor vehicles are equipped. The children’s safety systems are approved in accordance with Article 137d.
(2) The passengers in the vehicles of the categories M2 and M3 shall be informed about their obligation to use a safety belt when seated and when the vehicle is moving. They shall be informed about this in one of the following manners:
1. by the driver;
2. by the accompanying person or by the person designated as the group leader;
3. by means of audio-video facilities;
4. with signs and/or pictograms located in a visible spot above each seat.
Article 137f. (New, SG No. 51/2007) The riders and the passengers of motorcycles and mopeds shall use safety helmets,
Chapter Three
VEHICLES
Article 138. (Amended, SG No. 43/2002, SG No. 54/2010) (1) Vehicles meeting the requirements of this Act and the statutory instruments issued pursuant to it shall be allowed on public roads.
(2) The Executive Director of the Automobile Administration Executive Agency shall be the competent authority for type approval of new vehicles, systems, components and separate technical units.
(3) Type approval of new wheeled and tracked tractors for agriculture and forestry, of their trailers and mountable implements shall be governed by the Agricultural and Forestry Machinery Registration and Control Act.
(4) The Minister of Transport, Information Technology and Communications shall issue ordinances setting forth the terms and procedure for type approval of new motor vehicles, systems, components and separate technical units, including individual approval of new vehicles.
(5) The conformity of vehicles with the technical requirements applicable thereto shall be ascertained through the performance of the following procedures:
1. EC type approval of new vehicles;
2. type approval of small-series new vehicles;
3. individual approval of vehicles;
4. structural modification of registered vehicles.
(6) In coordination with the Minister of Transport, Information Technology and Communications, the Minister of Economy, Energy and Tourism shall, by issuing an ordinance, set forth the procedure for generation and the methods of application of identification numbers (VIN codes) of vehicles manufactured in the Republic of Bulgaria.
(7) New motor vehicles for which an EC type approval certificate is required shall be launched in the market based on a valid EC certificate of conformity with the approved type.
(8) New components or separate technical units for vehicles for which type approval is required shall be launched in the market with markings applied in compliance with the requirements of an applicable ordinance as referred to in Paragraph 4 or an applicable UN/ECE Rule.
Article 138a. (New, SG No. 54/2010) (1) The procedures and technical requirements set forth in the ordinances referred to in Article 138, Paragraph 4 shall apply to the type approval of new vehicles and of systems, components and separate technical units for new vehicles.
(2) When filing an application for type approval procedures, the relevant manufacturer shall present to the Executive Director of the Automobile Administration Executive Agency a declaration stating that such manufacturer has not applied with any other approval authority and that no approval procedure for the same type has been initiated in another European Union Member State or in another state of the European Economic Area. Such declaration shall be filed in case of the following procedures:
1. type approval of a new vehicle – basic, unassembled, assembled and fully assembled;
2. type approval of a new vehicle with regard to a system/specific technical characteristics, of a system, component or a separate technical unit;
3. national type approval of small-series vehicles;
4. individual approval of vehicles;
5. type approval of vehicle parts or equipment.
(3) In the case of special-purpose vehicles, the manufacturer shall also fill in a declaration of origin for the relevant basic/unassembled vehicle.
(4) The Automobile Administration Executive Agency shall set up and maintain a national information system for the type approvals of vehicles, systems, components and separate technical units issued by it and for the information obtained concerning type approval certificates, such information having been provided by a competent authority of another European Union Member State.
Article 138b. (New, SG No. 54/2010) The Executive Director of the Automobile Administration Executive Agency shall select and notify the technical services which are to perform or control the performance of the tests required for the approval and the performance of check-ups to ascertain conformity with the technical requirements and the requirements concerning the conformity of the production of vehicles, systems, components or separate technical units with the approved type.
Article 138c. (New, SG No. 54/2010) (1) The technical services shall be legal entities or sole proprietors:
1. having the required capacity, specialised technical expertise and proven experience in the specific areas determined by the ordinances referred to in Article 138, Paragraph 4;
2. satisfying the requirements of the standards applicable to the activities performed by them, as specified in the ordinances referred to in Article 138, Paragraph 4.
(2) Conformity with the requirements referred to in Paragraph 1 shall be certified through an assessment report and an accreditation certificate under the standards referred to in Paragraph 1, Item 2.
(3) The assessment report referred to in Paragraph 2:
1. shall be drafted by the Bulgarian Accreditation Service Executive Agency after a technical service assessment procedure, subject to the requirements set forth by the ordinances referred to in Article 138, Paragraph 4;
2. shall be issued in respect of the activities applied for by the technical service, and with a scope covering the testing and/or checking methods in accordance with the ordinances referred to in Article 138, Paragraph 4 implementing Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (OJ, L 263/1 of 9 October 2007), and Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC.
(4) A technical service selected and notified by another European Union Member State shall also be notified as a technical service of the Republic of Bulgaria. The Automobile Administration Executive Agency shall recognise assessment reports issued by a national authority of another European Union Member State qualified as competent in accordance with Article 42 of Directive 2007/46/EO where the technical service is to perform the tests and check-ups within the territory of the state which issued the assessment report.
(5) The accreditation certificate referred to in Paragraph 2 shall be issued by the Bulgarian Accreditation Service Executive Agency or by the national accreditation authority of an European Union Member State.
Article 138d. (New, SG No. 54/2010) (1) For the purpose of issuance of a technical service selection certificate, the entity referred to in Article 138c, Paragraph 1 or an authorised representative thereof shall file an application to the Executive Director of the Automobile Administration Executive Agency, wherewith the documents specified in the ordinances referred to in Article 138, Paragraph 4 shall be enclosed.
(2) The Bulgarian Accreditation Service Executive Agency shall perform an assessment procedure with regard to the applicant’s technical competence and conformity with the applicable requirements after receiving the application and the documents through the relevant official channels from the Automobile Administration Executive Agency. The assessment procedure shall take place within 6 months after the completeness and accuracy of the documents enclosed with the application referred to in Paragraph 1 is ascertained, and the Bulgarian Accreditation Service Executive Agency shall issue a report containing the results. The assessment report shall be provided to the Automobile Administration Executive Agency.
(3) In case the report referred to in Paragraph 2 or that referred to in Article 138c, Paragraph 4 gives a positive opinion, and in respect of the scope proposed therein, the Executive Director of the Automobile Administration Executive Agency shall issue a technical service selection certificate with a period of validity coinciding with that of the accreditation certificate but no longer than three years. The ordinances referred to in Article 138, Paragraph 4 shall set forth the contents of such certificate.
(4) The technical services shall be subject to periodic surveillance by the authority which drafted the assessment report and issued the certificate referred to in Article 138c, Paragraph 5, subject to terms and conditions and in accordance with procedures set forth in the ordinances referred to in Article 138, Paragraph 4. The technical services which have presented an assessment report issued by a national authority of another European Union Member State shall provide the Automobile Administration Executive Agency with information concerning all changes in the notification and the reports from the surveillance checks performed, within one week after their issuance. The Automobile Administration Executive Agency may demand from the technical service a report on the service’s current accreditation.
(5) In return for the activities pertaining to the assessment, surveillance and reassessment of technical services, the Bulgarian Accreditation Service Executive Agency shall collect fees the amounts whereof shall be fixed in a tariff adopted by the Council of Ministers.
Article 139. (1) Vehicles moving on the road shall be:
1. in good working order;
2. with sizes, weights, and axle loads which do not exceed the standards set by the Minister of Regional Development and Public Works and with cargo which does not endanger the traffic participants;
3. (New, SG, No. 43 of 2002) marked by the corresponding identification signs.
(2). (New, SG No. 51/2007) The three- and four-wheeled motor vehicles moving on the road shall be equipped with a:
1. safety triangle;
2. first-aid kit;
3. fire extinguisher;
4. high-visibility vest.
(3) (Amended, SG No. 43/2002, renumbered from Paragraph 2, SG No. 51/2007) Movement of vehicles with dimension, weights, and axle loads exceeding the standards set forth under Paragraph 1, Item 2, as well as the movement of vehicles carrying hazardous cargo, shall be under a procedure defined by the Minister of Regional Development and Public Works in coordination with the Minister of Transport, Information Technology and Communications, the Minister of Environment and Water, and the Minister of Interior.
(4) (New, SG No. 85/2004, renumbered from Paragraph 3, SG No. 51/2007) It shall be allowed for vehicles to have markings identifying them as taxicabs only if the vehicles are included on a list to a licence or a registration certificate for conducting taxicab passenger transportation.
(5 (New, SG No. 6/2004, renumbered from Paragraph 3, SG No. 85/2004, renumbered from Paragraph 4, SG No. 51/2007) Driving the vehicles set forth in the Roads Act on national roads shall be allowed after paying a vignette fee under the procedure of Article 10, Paragraph 2 of the Roads Act.
Article 140. (1) Only motor vehicles and trailers which are registered and have registration plates on the places designated for this purpose shall be admitted on the public roads.
(2) (Amended, SG No. 43/2002, supplemented, No. 79/2005, amended, SG No. 93/2009, SG No. 54/2010) The terms and conditions, as well as the procedure for registration, reporting, putting in and out of commission of motor vehicles and trailers drawn by them shall be set forth in an ordinance issued by the Minister of Interior in coordination with the Minister of Transport, Information Technology and Communications and the Minister of Defence. At their initial registration motor vehicles and trailers drawn by them shall be inspected by the specialised authorities of the Ministry of Interior for being in good working order (excluding new vehicles) and fully equipped. Motor vehicles and trailers drawn by them which are out of commission shall be put in commission by the same authorities, after the reason for their putting out of commission has been eliminated.
(3) The registration and reporting procedure for vehicles owned by foreign natural persons and legal entities shall be coordinated with the Minister of Foreign Affairs.
(4) (Supplemented, SG No. 85/2004, amended, SG No. 79/2005, amended, SG No. 102/2006, SG No. 93/2009) All vehicles from the armed forces’ units and the armoured, wheeled and caterpillar machinery, the tow trucks and the special machinery of the Ministry of Interior shall be registered and reported under a procedure set forth by the corresponding minister. The form, size, and type of the registration plates of the armed forces’ vehicles shall be coordinated with the Minister of Interior.
(5) (New, SG No. 51/2007) Vehicles with registration outside the national register shall be registered in the national register of vehicles upon presentation of original registration documents from the country in which they are registered.
(6) (New, SG No. 51/2007, amended, SG No. 93/2009) Wheeled tractors, tractor trailers and other self-propelled machinery registered in accordance with the Registration and Control of Agriculture and Forestry Machinery Act may as an exception drive on roads open for public use in accordance with a procedure set by an ordinance issued by the Minister of Agriculture and Food, the Minister of Interior and the Minister of Regional Development and Public Works
Article 141. (1) (Amended, SG No. 43/2002) For each registered motor vehicle or trailer, a registration certificate of permanent or temporary validity shall be issued in a form, approved by the Minister of Interior, containing the data on the vehicle pursuant to the ordinance under Article 140, Paragraph 2.
(2) A duplicate copy of the registration certificate of a vehicle shall be issued when the certificate has been lost, stolen, or destroyed, to which the vehicle owner shall sign a declaration.
(3) (New, SG No. 88/2008, amended, SG No. 100/2010, effective 1.07.2011) The declaration on the circumstances under Paragraph 2 can be filed electronically, signed with a quqlified electronic sign.
Article 142. The Minister of Interior shall set forth a procedure for administrative access and for paid access to data on the registered vehicles to interested parties. The registration authority shall, when providing access to data from the register, keep records containing information about the data accessed, the time when they have been accessed, data about the party requesting the data, and the purposes for which the data have been requested.
Article 143. (1) (Amended, SG No. 51/2007) A vehicle shall be registered in the name of its owner by the identification number placed on the vehicle by its manufacturer.
(2) (Amended, SG No. 51/2007) Deletion and/or forgery of the identification number and the engine number of the vehicle shall be prohibited.
(3) (Amended, SG No. 51/2007) A vehicle with forged, deleted or damaged identification number shall not be registered, until the authentic identification number, placed by the manufacturer has been established.
(4) The restoration of the identification number shall be done under a procedure set forth by the Minister of Interior.
(5) (New, SG No. 79/2005) The following vehicles shall not be registered:
1. new motor vehicles for which the type-approval requirement has become effective, and the type has not been approved under the procedure in Article 138, Paragraph 4;
2. new wheeled tractors for agriculture and forestry for which the type-approval requirement has become effective, and the type has not been approved under the procedure in Article 9, Paragraph 8 of the Agricultural and Forestry Machinery Registration and Control Act;
3. vehicles which have not been imported under the legally established procedure;
4. vehicles with structural modifications which do not comply with the requirements of Article 146;
5. vehicles on the search list, until ownership is established.
(6) (Renumbered from Paragraph 5, SG No. 79/2005, amended, SG No. 61/2006) Taking a registered vehicle off the record shall be done by entering this into its registration certificate, upon written application by the owner and presenting the registration plates. Together with this application the vehicle owner shall present either documents confirming that the vehicle has been accepted for disassembly, or a statement for the vehicle’s storage in a private property as per a template adopted by an order of the Minister of Environment and Waters and coordinated with the Minister of Interior.
(7) (Effective 1.01.2000, amended, SG No. 43/2002, renumbered from Paragraph 6, SG No. 79/2005, amended, SG No. 61/2006) Taking an abandoned registered motor vehicle off the record shall be done upon written notice by the control authorities, designated by municipal mayors under Article 167, Paragraph 2, Item 3, and upon presenting the vehicle’s registration plates. In this case documents confirming that the vehicle has been accepted for disassembly shall be presented.
(8) (New, SG No. 61/2006) Taking an abandoned registered motor vehicle with registration plates missing or untraceable under the established procedure shall be done upon written notice by the control authorities, designated by municipal mayors under Article 167, Paragraph 2, Item 3, with the vehicle being identified by the vehicle frame identification number or other identification number. In this case, documents confirming that the vehicle has been accepted for disassembly shall be presented.
(9) (New, SG No. 51/2007) Change in the registration of vehicles with imposed distress or other statutory restrictions shall take place after abolition or a written permission by the body that has decreed distress or by another competent body.
Article 144. (1) The ownership of the motor vehicles shall be transferred by means of a written contract.
(2) (Supplemented, SG No. 43/2002) When transferring ownership of registered cars, registered trailers with loading capacity of more than 10 tons, registered wheeled tractors, and registered motorcycles with engine capacity of more than 350 cc, the signatures of the parties shall be notary verified.
Article 145. (1) When changing ownership of a registered vehicle, the transferor shall, within two weeks, submit to the authority which has issued the registration number a copy of the ownership transfer contract containing the transferee’s data.
(2) The transferee of the registered vehicle shall, within two weeks, submit to the registration authority of his/her place of residence a copy of the contract for the acquired ownership containing the transferor’s data.
(3) The provision of Paragraph 1 shall not apply to the transferor when the alienation has been conducted through a public sale.
(4) (New, SG No. 88/2008) A copy of the written contract for the transferred/acquired ownership with the data of the persons under Paragraph 1 and 2 can be submitted to each person electronically as a scanned picture in a format set by the Ordinance under Article 12, Para 4 of the Electronic Management Law.
Article 146. (1) (Redesignated from Article 146, supplemented, SG No. 43/2002, SG No. 85/2004, amended, SG No. 93/2009, SG No. 54/2010) Structural modification of registered vehicles and individual approval of vehicles registered outside European Union Member States or the states which are parties to the European Economic Area Agreement shall be made under terms and procedure set forth in an ordinance by the Minister of Transport, Information Technology and Communications.
(2) (New, SG No. 43/2002, amended, SG No. 93/2009) Structural modification of wheeled tractors and trailers drawn by them shall be made under terms and procedure set forth by an ordinance of the Minister of Agriculture and Food coordinated with the Minister of Transport, Information Technology and Communications.
Article 147. (1) (Amended, SG No. 43/2002, SG No. 51/2007) Registered motor vehicles and trailers towed by the latter with the exception of the vehicles of the armed forces’ units, the mopeds and the animal-drawn vehicles shall be subject to mandatory periodic inspection to check their good working order. The terms and procedure of the inspection of the vehicles with the exception of mopeds, self-propelled machinery, wheeled tractors and trailers drawn by them shall be set forth by an ordinance of the Minister of Transport, Information Technology and Communications coordinated with the Minister of Interior.
(2) (New, SG No. 51/2007) Wheeled tractors and trailers drawn by the latter and self-propelled machinery registered in accordance with the Agricultural and Forestry Machinery Registration and Control Act and under the procedure of the ordinance as per Article 140, Paragraph 2 regarding the registration, reporting, putting in and out of commission of motor vehicles and trailers drawn by them shall be subject to periodic inspections to check their good working order in accordance with the procedure set forth in the Agricultural and Forestry Machinery Registration and Control Act.
(3) (New, SG No. 92/2005, renumbered from Paragraph 2, amended, SG No. 51/2007, SG No. 54/2010) Vehicles shall be subject to inspection to check their good working order as follows.
1. for passenger cars – in the third and the fifth year since their initial registration as new vehicles, and then on an annual basis;
2. for buses and taxi-cabs – every 6 months;
3. for trolley buses and tramcars – every 6 months;
4. for lorries, special vehicles, trailers and semi-trailers with a maximum permissible mass exceeding 750 kg – on an annual basis until the 10th year since their initial registration elapses, and every six months thereafter;
5. for motorcycles and trailers with a maximum permissible mass not exceeding 750 kg – every two years.
(4) (New, SG No. 92/2005, renumbered from Paragraph 3, supplemented SG No. 51/2007, amended, SG No. 54/2010) Vehicles carrying hazardous cargo shall be subject to inspection to ascertain their fitness to carry certain hazardous cargo on an annual basis.
(5) (Supplemented, SG No. 43/2002, renumbered, SG No. 92/2005, renumbered from Paragraph 4, SG No. 51/2007, amended, SG No. 54/2010) The inspection to check the good working order shall cover the completeness and the working order of the vehicles’ equipment, parts, assemblies, systems, mechanisms, elements and characteristics related to traffic safety, environment protection and the working order of their noise-reduction devices, as specified in the ordinance referred to in Paragraph 1.
(6) (New, SG No. 85/2006, renumbered from Paragraph 5, SG No. 51/2007) The inspection to check the good working order of the taxicabs, buses, and vehicles carrying hazardous cargo shall include, apart from all items under Paragraph 4, also additional items related to the purpose of all vehicles specified by the regulation under Paragraph 1.
(7) (New, SG No. 54/2010) Inspections to check the good working order of vehicles shall be performed by a committee composed of a chairperson and at least one technical expert.
(8) (New, SG No. 54/2010, effective 1.01.2011) The results of the periodic inspections to check the good working order of vehicles shall be registered in the information system of the Automobile Administration Executive Agency. The electronic registration information system shall report the inspections to check the good working order of vehicles performed by technical control centres in real time. The requirements to the information system shall be set forth in the ordinance referred to in Paragraph 1.
Article 148. (Amended, SG No. 43/2002) (1) The Minister of Transport, Information Technology and Communications in coordination with the Minister of Interior shall, by issuing an ordinance, set forth the terms and procedure for issuance of permits to conduct periodic inspection to check the good working order of the vehicles being road traffic participants, excluding wheeled tractors and trailers drawn by them.
(2) (Supplemented, SG No. 22/2007) A permit to conduct periodic inspection to check the good working order of vehicles shall be issued to natural persons or legal entities registered under the Commerce Act or under the Non-Profit Legal Entities Act, as well as to entities registered under the legislation of a European Union Member State or of another State being a party to the European Economic Area Agreement by the Minister of Transport, Information Technology and Communications or by an official authorized by the Minister of Transport.
(3) In order to obtain the permit, persons under Paragraph 2 shall submit an application form together with the following documents:
1. (amended, SG No. 34/2006, supplemented, SG No. 22/2007) a copy of the court decision for registration under the procedure of the Non-Profit Legal Entities Act, or of a document attesting to registration under the legislation of a European Union Member State or of another State being a party to the European Economic Area Agreement, respectively an up-to-date certificate for registration in the Commercial Register;
2. (supplemented, SG No. 34/2006) a certificate for up-to-date legal standing for the none-profit legal entities;
3. a statement that there are no bankruptcy proceedings open for them.
4. (New, SG No. 54/2010) documents certifying conformity with the requirements pertaining to the entity performing the inspections, to the technical control centre, to the chairperson of the committee performing the inspections, and to the technical experts, as set forth in the ordinance referred to in Article 147, Paragraph 1.
(4) A permit to conduct periodic inspection to check the good working order of the vehicles shall be issued subject to the following conditions:
1. the buildings, facilities, equipment, and measurement devices shall comply with the requirements and ensure the execution of the full scope of checks provisioned in the ordinance under Article 147, Paragraph 1;
2. (Supplemented, SG No. 54/2010, effective 17.10.2010) the chairperson of the committee performing the inspections and the technical experts conducting the inspections shall have the necessary education, specialisation, and qualification in accordance with the requirements of the ordinance referred to in Article 147, Paragraph 1, and be listed in the register referred to in Paragraph 9;
3. (New, SG No. 54/2010, effective 17.10.2010) the persons referred to in Paragraph 2 shall satisfy the requirements of the ordinance referred to in Article 147, Paragraph 1.
(5) (Supplemented, SG No. 54/2010) The permit shall be issued within 30 days from the day when the application form was filed. A list identifying the chairperson of the committee performing the inspections and the technical experts shall be an integral part of the permit.
(6) (Amended, SG No. 54/2010) The Minister of Transport, Information Technology and Communications or an official authorised by the Minister shall deny a permit where:
1. the applicant does not meet the requirements set forth in the ordinance referred to in Article 147, Paragraph 1;
2. the buildings housing the technical control centre, or the facilities, equipment, and measurement devices to be used in the performance of periodic inspections to check the good working order of vehicles, do not meet the requirements set forth in the ordinance referred to in Article 147, Paragraph 1;
3. the chairperson of the committee performing the inspections or the technical experts do not satisfy the requirements set forth in the ordinance referred to in Article 147, Paragraph 1;
4. the documents referred to in Paragraph 3 have not been presented;
5. a permit was previously issued to the applicant but later revoked due to failure to meet the requirements pertaining to the performance of periodic inspections to check the good working order of the vehicles.
(7) The refusal shall be subject to appeal under the procedure of the Code of Administrative Procedure.
(8) The permit under Paragraph 1 shall be issued for each service centre for a term of 5 years.
(9) (Amended, SG No. 54/2010) The Automobile Administration Executive Agency shall keep a register of the permits issued under Paragraph 2 to chairpersons of the committees performing the inspections and to technical experts.
(10) (Amended, SG No. 54/2010) The chairperson of the committee performing the inspections and the technical experts shall be listed in the register referred to in Paragraph 9 provided that they satisfy the requirements set forth in the ordinance referred to in Article 147, Paragraph 1, and shall be delisted therefrom:
1. upon request by the person or entity whereto a permit was issued under Paragraph 2;
2. upon request by the person listed in the register;
3. in case of repeated infringement of the rules for performance of inspections to check the good working order of vehicles;
4. in case a document evidencing the performance of a periodic inspection to check the good working order of a vehicle has been issued or arranged to be issued without the vehicle having been brought to the inspection;
5. in case of repeated infringement of the requirement that the technical expert notify the Automobile Administration Executive Agency within the period specified in the ordinance referred to in Article 147, Paragraph 1 that his/her individual stamp has been lost, stolen or destroyed;
6. in case the chairperson of the committee performing the inspections has revealed his/her access password for the information system referred to in Article 147, Paragraph 8 to a third party and the latter is using such password;
7. in case the technical expert gives his/her individual stamp used for authentication of the documents certifying that the vehicle is in good working order to a third party and the latter is using such stamp;
8. in case the chairperson of the committee performing the inspections or the technical expert no longer meet the requirements set forth in the ordinance referred to in Article 147, Paragraph 1.
(11) (New, SG No. 54/2010) Chairpersons of the committees performing the inspections and technical experts shall be delisted from the register by an order by the Minister of Transport, Information Technology and Communications or by an official authorised by the Minister.
(12) (New, SG No. 54/2010) The order referred to in Paragraph 11 may be challenged in accordance with the procedure provided for by the Code of Administrative Procedure. Such challenge shall not halt enforcement of the order.
(13) (New, SG No. 54/2010) A chairperson of a committee performing inspections or a technical expert who has been delisted from the register referred to in Paragraph 9 on any of the grounds referred to in Paragraph 10, Items 4 – 8 may not be listed in the register again for two years after the date of delisting.
(14) (New, SG No. 54/2010) The rights granted by the permit shall be terminated:
1. in case it is determined that the permit was issued based on a false document or a document with false content;
2. in case the activities of the person or entity referred to in Paragraph 2 are terminated;
3. upon the expiry of the term for which it was issued;
4. upon request by the permit holder;
5. upon revocation of the permit in accordance with the procedure provided for by Article 148b.
Article 148a. (New, SG No. 51/2007) The persons who have obtained permission to undertake periodic inspections regarding the good working order of vehicles shall be obliged to:
1. carry out the inspections for the good working order in compliance with the terms and procedures set forth in the ordinance as per Article 147, Paragraph 1;
2 maintain the material base, the equipment and the measuring facilities in compliance with the requirements set forth in the ordinance as per Article 147, Paragraph 1;
3. provide the control authorities under Article 166 with the opportunity to inspect the material base, the equipment and the measuring facilities as well as to present to them for inspection the entire documentation regarding the carrying out of periodic inspections for the good working order of vehicles.
Article 148b. (New, SG No. 43/2002, renumbered from Article 148a, SG No. 51/2007) (1) (Amended, SG No. 54/2010) The permit and the list enclosed therewith shall be revoked in case:
1. the technical control centre or the person or entity referred to in Article 148, Paragraph 2 no longer satisfies the requirements of this Act or of the ordinance referred to in Article 147, Paragraph 1;
2. the periodic inspections to check the good working order of vehicles are performed by a technical expert not listed in the register referred to in Article 148, Paragraph 9;
3. the technical control centre is equipped with measurement devices which have not been approved in accordance with the procedure provided for by the Measurements Act or have not been subjected to mandatory inspection under the said Act;
4. the period specified in the ordinance referred to in Article 147, Paragraph 1 for notifying the Automobile Administration Executive Agency of lost, stolen or destroyed documents used to certify that a vehicle is in good working order has not been observed;
5. a document has been issued at the technical control centre where the person or entity referred to in Article 148, Paragraph 2 performs his/her/its activities which certifies that a vehicle is in good working order, without such vehicle having been brought to an inspection to check its good working order or without any inspection having been performed at all;
6. in case of repeated violations of the terms and conditions or the procedure for the performance of periodic inspections of vehicles as set forth by this Act or by the ordinance referred to in Article 147, Paragraph 1, other than the cases referred to in Item 5.
(2) (Amended, SG No. 54/2010) The permit shall be revoked by a grounded order of the Minister of Transport, Information Technology and Communications or of an official authorised by the latter.
(3) (Amended, SG No. 54/2010) The order referred to in Paragraph 2 shall:
1. revoke the documents granted to the person or entity referred to in Article 148, Paragraph 2 which are used to attest the performance of periodic inspections;
2. revoke the individual stamps intended to authenticate documents used to attest the performance of periodic inspections which have been granted to the technical experts included in the list enclosed with the permit issued to the person or entity referred to in Article 148, Paragraph 2;
3. suspend the access of the chairperson of the committee performing the inspections to the information system referred to in Article 147, Paragraph 8.
(4) (Amended, SG No. 54/2010) Such revocation may be challenged in accordance with the procedure provided for by the Code of Administrative Procedure. Such challenge shall not halt enforcement of the order.
Article 148c. (New, SG No. 43/2002, renumbered from Article 148b, SG No. 51/2007) (1) (Supplemented, SG No. 51/2007) Road assistance on public roads shall be performed by natural persons or legal entities registered under the Commerce Act or under the Not-for profit Legal Entities Act as well as by persons registered under the legislation of a European Union Member State or of another State being a party to the European Economic Area Agreement, registered as per the procedure of this Act.
(2) (Supplemented, SG No. 51/2007) The registration certificate shall be issued by the Minister of Regional Development and Public Works or by an official authorized by the latter, upon presentation of a copy of a court decision for registration under the procedure of the Commerce Act or a registration document under the Not- for-profit Legal Entities Act, or a document by persons registered under the legislation of a European Union Member State or of another State being a party to the European Economic Area Agreement, a certificate for actual legal standing, a statement certifying the lack of open bankruptcy proceedings, a list of the vehicles to be used for road assistance, and the phone number to call for road assistance.
(3) (Amended, SG No. 64/2006, SG No. 69/2008, SG No. 75/2009) The register of persons and entities performing road assistance shall be kept by the Road Infrastructure Agency.
Article 149. (Amended, SG No. 43/2002) (1) For the purposes of type approval, the motor vehicles are divided into the following categories marked by Latin letters:
1. (Amended, SG No. 79/2005) L category:
a) L1 category – motor vehicles with two wheels and an engine capacity of no more than 50 cc, if powered by an internal combustion engine, and maximum speed by design not exceeding 50 km/h, regardless of the type of power;
b) L1e category – mopeds – motor vehicles with two wheels and maximum speed by design not exceeding 45 km/h, internal combustion engine with capacity of no more than 50 cc or 4 kW maximum constant nominal power in case of electromotor;
c) L2 category – motor vehicles with three wheels and any layout of the wheels relative to the centre plane along the length of the vehicle and engine capacity of no more 50 cc, if powered by an internal combustion engine, and maximum speed by design not exceeding 50 km/h, regardless of the type of power;
d) L2e category – mopeds – motor vehicles with three wheels and maximum speed by design not exceeding 45 km/h, internal combustion engine with forced ignition and working capacity of no more than 50 cc or no more than 4 kW maximum net power in case of other internal combustion engines; or no more than 4 kW maximum constant nominal power in case of electromotor;
e) L3 category – motor vehicles with two wheels, with engine capacity of more than 50 cc, if powered by an internal combustion engine, or with maximum speed by design exceeding 50 km/h, regardless of the type of power;
f) L3e category – motorcycles – motor vehicles with two wheels and without a sidecar, internal combustion engine with working capacity of more than 50 cc and/or maximum speed by design exceeding 45 km/h;
g) L4 category – motor vehicles with three wheels, with asymmetrical layout of the wheels relative to the centre plane along the length, with an engine capacity of more than 50 cc, if powered by an internal combustion engine or with maximum speed by design exceeding 50 km/h, regardless of the type of power (motorcycles with a sidecar);
h) L4e category – motorcycles – motor vehicles with two wheels and a sidecar, internal combustion engine with working capacity of more than 50 cc, and/or maximum speed by design exceeding 45 km/h;
i) L5 category – motor vehicles with 3 wheels and asymmetrical layout of the wheels relative to the centre plane along the length of the vehicle, with an engine capacity of more than 50 cc, if powered by an internal combustion engine, or with a maximum speed by design exceeding 45 km/h, regardless of the type of power;
j) L5e category – motor tricycles – motor vehicles with three wheels, symmetrical wheel layout relative to the centre plane along the length, internal combustion engine with working capacity of more than 50 cc and/or maximum speed by design exceeding 45 km/h;
k) L6e category – light motor vehicles with four wheels and unladen mass (excluding the mass of the batteries in case of electric power) of no more than 350 kg, maximum speed by design not exceeding 45 km/h, internal combustion engine with forced ignition and working capacity of no more than 50 cc, or no more than 4 kW maximum net power in case of other internal combustion engines; or no more than 4 kW maximum constant nominal power in case of electromotor;
l) L7e category – quadricycles – motor vehicles with four wheels and unladen mass (excluding the mass of the batteries in case of electric power) of no more than 400 kg or 550 kg for cargo motor vehicles with maximum net engine power of no more than 15 kW;
2. M category – motor vehicles with at least four wheels and intended for carrying passengers including:
a) M1 category – motor vehicles for carrying passengers in which the number of seats, excluding the driver’s, is no more than 8;
b) M2 category – motor vehicles for carrying passengers with more than 8 seats, excluding the driver’s, with technically maximum permissible mass of no more than 5 tons;
c) M3 category – motor vehicles for carrying passengers with more than 8 seats, excluding the driver’s, with technically maximum permissible mass of more than 5 tons;
3. N category – motor vehicles for carrying loads, with at least four wheels including:
a) N1 category – motor vehicles for carrying loads with technically maximum permissible mass of no more than 3.5 tons;
b) N2 category – motor vehicles for carrying loads with technically maximum permissible mass of more than 3.5 tons, but not exceeding 12 tons;
c) N3 category – motor vehicles for carrying loads with technically maximum permissible mass exceeding 12 tons;
4. (Repealed, SG No. 54/2010);
5. O category – trailers and semi-trailers including:
a) O1 category – vehicles with technically maximum permissible mass not exceeding 0.75 tons;
b) O2 category – vehicles with technically maximum permissible mass exceeding 0.75 tons, but not exceeding 3.5 tons;
c) O3 category – vehicles with technically maximum permissible mass exceeding 3.5 tons, but not exceeding 10 tons;
d) O4 category – vehicles with technically maximum permissible mass exceeding 10 tons;
6. G category – motor vehicles with the characteristics of the vehicles of category M or N and with off-road capacity.
(2) Motor vehicles of the M2 and M3 categories designed to carry more than 22 passengers, excluding the driver, are:
1. class I – vehicles designed with areas for standing passengers and allowing their movement within the passenger section of the automobile;
2. class II – vehicles designed mainly for sitting passengers, with or without areas for standing passengers; the area designated for standing passengers is in the passage between the seats; when there is a designated area for standing passengers, it shall not exceed the area of two double seats;
3. class III – vehicles designed to carry only sitting passengers.
(3) The motor vehicles of the M2 and M3 categories for carrying no more than 22 passengers, excluding the driver’s seat, fall into the following classes marked by Latin letters:
1. A class – vehicles designed mainly to carry standing passengers; the buses of this class shall also be allowed to have sitting passengers;
2. B class – vehicles designed to carry sitting passengers only.
(4) (Repealed, SG No. 54/2010).
Chapter Four
VEHICLE DRIVER LICENSING
Article 150. (Supplemented, SG No. 54/2010) Every vehicle used in public road traffic shall be driven by a licensed driver, except in the case of training vehicles driven by driving licence applicants during their training pursuant to the ordinance referred to in Article 152, Paragraph 1, Item 3 and during driving licence examinations pursuant to the ordinance referred to in Article 152, Paragraph 1, Item 4.
Article 150a. (New, SG No. 43/2002) (1) In order to drive a motor vehicle, the driver shall have a driving licence, valid for the category of the vehicle driven by him/her.
(2) (Amended, SG No. 54/2010, effective 19.01.2013) For the purposes of driver licensing, motor vehicles shall be divided into the following categories, which are different than those under Article 149 marked by Latin letters:
1. AM category – mopeds – two- or three-wheel vehicles with a maximum design speed not exceeding 45 km/h, as described in Article 149, Paragraph 1, Items 1(b) and (d) (L1e and L2e categories), except for those whose maximum design speed is lower than or equal to 25 km/h, as well as light-weight four-wheel vehicles as described in Article 149, Paragraph 1, Item 1(l) (L6e category);
2. A1 category:
(a) motorcycles with an engine capacity not exceeding 125 cc, with a maximum power of no more than 11 kW, and with a power-to-weight ratio not exceeding 0.1 kW/kg;
(b) three-wheel motor vehicles with a power not exceeding 15 kW;
3. A2 category – motorcycles with a power not exceeding 35 kW, and with a power-to-weight ratio of no more than 0.2 kW/kg, provided that the doubled nominal power does not exceed the net power of the engine;
4. A category – motorcycles and three-wheel motor vehicles with a power exceeding 15 kW:
(a) motorcycles – two-wheel vehicles without a side-car (L3e category) or with a side-car (L4e category), with an engine capacity of more than 50 cc, if the engine is an internal-combustion one, and/or with a maximum design speed exceeding 45 km/h, as described in Article 149, Paragraph 1, Items 1(f) and (h) respectively;
(b) three-wheel motor vehicles – vehicles with three symmetrically arranged wheels (L5e category), with an engine capacity of the cylinder exceeding 50 cc, if the engine is an internal-combustion one, and/or with a maximum design speed exceeding 45 km/h, as described in Article 149, Paragraph 1, Item 1(k);
5. B1 category – four-wheel vehicles (excluding those of the L6e category) whose unladen mass does not exceed 400 kg (L7e category) (or 550 kg for vehicles designed to carry cargo), excluding the weight of electric vehicles’ batteries, and whose maximum net engine power does not exceed 15 kW, as described in Article 149, Paragraph 1, Item 1(m); such vehicles shall meet the technical requirements applicable to three-wheel motor vehicles of the L5e category, except where a statutory instrument provides for separate technical requirements thereto;
6. B category – motor vehicles whose maximum permissible mass does not exceed 3500 kg, which have been designed and constructed to transport no more than 8 passengers plus the driver; motor vehicles of this category may form a composition with a trailer the maximum permissible mass whereof does not exceed 750 kg; without prejudice to the provisions of the rules for type approval of the relevant vehicles, motor vehicles of this category may form a composition with a trailer the maximum permissible mass whereof does not exceed 750 kg, provided that the maximum permissible mass of the composition does not exceed 4250 kg;
7. BE category – without prejudice to the provisions of the rules for type approval of the relevant vehicles, a composition of vehicles, with a towing vehicle of the B category and a trailer or semi-trailer, provided that the maximum permissible mass of the trailer or semi-trailer does not exceed 3500 kg;
8. C1 category – motor vehicles other than those of the D1 or D categories, with a maximum permissible mass exceeding 3500 kg but not exceeding 7500 kg, which have been designed and constructed to transport no more than 8 passengers plus the driver; motor vehicles of this category may form a composition with a trailer the maximum permissible mass whereof does not exceed 750 kg;
9. C1E category:
(a) without prejudice to the provisions of the rules for type approval of the relevant vehicles, a composition of vehicles with a towing vehicle/tow truck of the C1 category and trailer or semi-trailer, the maximum permissible mass of the trailer or semi-trailer exceeding 750 kg, provided that the maximum permissible mass of the composition does not exceed 12,000 kg;
(b) without prejudice to the provisions of the rules for type approval of the relevant vehicles, a composition of vehicles with a towing vehicle of the B category and a trailer or semi-trailer, the maximum permissible mass of the trailer or semi-trailer exceeding 3500 kg, provided that the maximum permissible mass of the composition does not exceed 12,000 kg;
10. C category – motor vehicles other than those of the D1 or D categories, with a maximum permissible mass exceeding 3500 kg, which have been designed and constructed to transport no more than 8 passengers plus the driver; motor vehicles of this category may form a composition with a trailer the maximum permissible mass whereof does not exceed 750 kg;
11. CE category – without prejudice to the provisions of the rules for type approval of the relevant vehicles, a composition of vehicles with a towing motor vehicle of the C category and a trailer or semi-trailer the maximum permissible mass whereof exceeds 750 kg;
12. D1 category – motor vehicles which have been designed and constructed to transport no more than 16 passengers excluding the driver and whose maximum length does not exceed 8 m; a trailer may be attached to motor vehicles of this category provided that its maximum permissible mass does not exceed 750 kg;
13. D1E category – without prejudice to the provisions of the rules for type approval of the relevant vehicles, a composition of vehicles with a towing vehicle of the D1 category and a trailer the maximum permissible mass exceeds 750 kg;
14. D category – motor vehicles which have been designed and constructed to transport more than 8 passengers plus the driver; a trailer may be attached to motor vehicles which may be driven with a D category driving licence provided that its maximum permissible mass does not exceed 750 kg;
15. DE category – without prejudice to the provisions of the rules for type approval of the relevant vehicles, a composition of vehicles wherein the towing vehicle is of the D category and the trailer’s maximum permissible mass exceeds 750 kg;
16. T category – wheeled tractors (Twt); tramcars (Ttc) also fall into this category.
(3) (Repealed, SG No. 54/2010).
Article 151. (Amended, SG No. 43/2002) (1) (Supplemented, SG No. 51/2007, amended, SG No. 54/2010, effective 19.01.2013) The minimum age at which drivers may drive a motor vehicle shall be:
1. sixteen years – for driving a motor vehicle of the AM category;
2. sixteen years – for driving a motor vehicle of the A1 category;
3. eighteen years – for driving a motor vehicle of the A2 category;
4. twenty-four years – for driving a motor vehicle of the A category, or:
(a) twenty years, provided that the driver has held a motorcycle driving licence of the A2 category for at least two years;
(b) twenty-one years – for driving a three-wheel motor vehicle the power whereof exceeds 15 kW;
5. seventeen years – for driving a motor vehicle of the B1 category;
6. eighteen years – for driving a motor vehicle of the B and BE categories;
7. eighteen years – for driving a motor vehicle of the C1 and C1E categories, without prejudice to the application of the provisions pertaining to the driving of such vehicles as set forth in the ordinance referred to in Article 7b, Paragraph 5 of the Road Traffic Act;
8. twenty-one years – for driving a motor vehicle of the C and CE categories, without prejudice to the application of the provisions pertaining to the driving of such vehicles as set forth in the ordinance referred to in Article 7b, Paragraph 5 of the Road Traffic Act;
9. twenty-one years – for driving a motor vehicle of the D1 and D1E categories, without prejudice to the application of the provisions pertaining to the driving of such vehicles as set forth in the ordinance referred to in Article 7b, Paragraph 5 of the Road Traffic Act;
10. twenty-four years – for driving a motor vehicle of the D and DE categories, without prejudice to the application of the provisions pertaining to the driving of such vehicles as set forth in the ordinance referred to in Article 7b, Paragraph 5 of the Road Traffic Act;
11. twenty-one years – for driving a tramcar of the Ttc category;
12. eighteen years – for driving a wheeled tractor of the Twt category on national and municipal roads.
(2) (Supplemented, SG No. 51/2007) A motor vehicle driving licence shall be issued by the bodies of the Ministry of Interior to a person who has completed primary education, who is physically fit to drive motor vehicles of the corresponding category, who has passed motor vehicle driver training and first aid training, and has successfully passed an examination for a motor vehicle driver.
3. (New, SG No. 51/2007) The qualification licence for the operation of self-propelled machines of the Bulgarian army and for driving them shall be issued under terms and procedures set forth by the Minister of Defence.
(4) (Renumbered from Paragraph 3, SG No. 51/2007, amended, SG No. 54/2010) The motor vehicle driver licensing applicants for motor vehicles of the C1, C, D1, D, and Ttc (tramcar) categories shall be also psychologically fit.
(5) (New, SG No. 54/2010) A motor vehicle driving licence shall be issued to a person who has established his/her habitual residence in the Republic of Bulgaria, provided that the applicant signs a declaration of that fact or presents proof of attendance of a higher education institution, as defined in Article 17, Paragraph 1 of the Higher Education Act, or a school under Article 26, Paragraph 1 of the Public Education Act in Bulgaria for at least 6 months.
(6) (New, SG No. 54/2010) Applicants for motor vehicle driving licences shall satisfy the requirements of Paragraph 5.
(7) (New, SG No. 54/2010) One and the same person may hold only one motor vehicle driving licence issued by a European Union Member State.
(8) (New, SG No. 54/2010, effective 19.01.2013) Where any driving restrictions have been imposed on a motor vehicle driver, the terms and conditions subject whereto the driver shall have the right to drive a motor vehicle shall be indicated in his/her driving licence through the relevant European Union code as specified in the ordinance referred to in Article 159, Paragraph 1.
(9) (New, SG No. 54/2010) In case of duplicate issuance or replacement of a Bulgarian motor vehicle driving licence or a motor vehicle driving licence issued by a European Union Member State or another state which is a party to the European Economic Area Agreement or the Swiss Confederation, a copy of a document evidencing completion of at least primary education shall not be required. A motor vehicle driving licence shall be replaced upon the expiry of its period of validity, upon replacement of old forms by new ones, or in case the driver’s details change. A copy of a motor vehicle driving licence shall be issued in case the original one has been damaged, destroyed, lost or stolen.
Article 151a. (New, SG No. 51/2007) Persons in possession of a driving licence issued by a European Union Member State or of another State being a party to the European Economic Area Agreement or by the Confederation of Switzerland may drive a motor vehicle on the territory of the Republic of Bulgaria upon observance of the minimum age requirements for the respective category set forth in Article 151.
Article 152. (Amended, SG No. 43/2002) (1) the Minister of Transport, Information Technology and Communications:
1. shall set forth the requirements that all drivers of motor vehicles from the different categories shall meet;
2. shall set forth the requirements for psychological fitness of the motor vehicle drivers and the terms and procedure for the psychological evaluation of:
a) (Amended, SG No. 54/2010) applicants for motor vehicle driving licences for the C, D, C1, D1, tramcar categories, and of those to sit for an examination after having their licensing revoked for losing the control points;
b) drivers conducting public transportation of passengers and cargo, as well as the chairmen of examination boards;
c) (New, SG No. 22/2007) drivers with motor vehicle driving licence revoked on the grounds of Article 174, Paragraph 2, drivers with motor vehicle driving licence temporary revoked as per the procedure of Article 171, Item 1(a), as well as drivers with motor vehicle driving licence revoked on the grounds of Article 343d of the Penal Code.
3. together with the Minister of Education, Youth and Science shall set forth the terms and procedure to train the motor vehicle driver licensing applicants, as well as the terms and procedure for issuance of a permit for their training;
4. shall, by issuing an ordinance, set forth the terms and procedure to conduct licensing examinations of the motor vehicle driver licensing applicants, as well as the procedure to conduct the examinations of the persons who have their driver licensing temporarily revoked under the procedure of Article 171, Item 1(c).
(2) (New, SG No. 22/2007) Psychological fitness tests of motor vehicle drivers may also be carried out in addition to the cases as per Paragraph 1 when starting work or in other cases upon request of the driver’s employer.
(3) (Renumbered from Paragraph 2 and amended, SG No. 22/2007) A permit for theoretical and practical training of applicants for motor vehicle driving licence shall be issued to natural persons or legal entities registered under the Commerce Act or entities registered under the legislation of a European Union Member State or of another State being a party to the European Economic Area Agreement as well as to vocational schools, vocational high schools, vocational colleges, secondary schools of general education with vocational classes and higher schools of learning accredited under the procedure of the Higher Education Act by the Minister of Transport, Information Technology and Communications or by an official authorised by the latter.
(4) (Renumbered from Paragraph 3, SG No. 22/2007) In order to obtain the permit, persons under Paragraph 2 shall submit an application form together with the following documents:
1. (repealed, SG No. 34/2006);
2. (amended, SG No. 34/2006, supplemented, SG No. 22/2007) an up-to-date certificate for registration in the Commercial Register or a document attesting to registration under the legislation of a European Union Member State or of another State being a party to the European Economic Area Agreement;
3. a statement that there are no bankruptcy proceedings open for them.
(5) (Renumbered from Paragraph 4, SG No. 22/2007, amended, SG No. 51/2007) A permit to train applicants for obtaining the qualification to drive a motor vehicle shall be issued to persons as per Paragraph 3 for each training center individually under the following conditions:
1. (Amended, SG No. 54/2010) the training room, the training grounds, the office and the training vehicles shall meet the requirements and shall provide for conducting the training according to the ordinance as per Paragraph 1, Item 3;
2. the instructors conducting the training shall have the necessary education and qualifications according to the requirements of the ordinance as per Paragraph 1, Item 3 and shall have been entered in the register of instructors conducting training of applicants to obtain motor vehicle driving qualification as per Paragraph 17;
3. training is organized in accordance with the requirements of the ordinance as per Paragraph 1, Item 3.
4. (New, SG No. 54/2010) the training master and the technical assistant shall satisfy the requirements set forth in the ordinance referred to in Paragraph 1, Item 3.
(6) (Renumbered from Paragraph 5, SG No. 22/2007) The permit shall be issued within 30 days from the date of application.
(7) (Renumbered from Paragraph 6, SG No. 22/2007) The Minister of Transport, Information Technology and Communications shall refuse to issue a permit in the cases when the applicant does not meet the conditions, set forth in the ordinance under Paragraph 1, Item 3. Grounds for the refusal shall be provided.
(8) (Renumbered from Paragraph 7, SG No. 22/2007) The refusal shall be subject to appeal under the procedure of the Code of Administrative Procedure.
(9) (Renumbered from Paragraph 8, SG No. 22/2007) The permit under Paragraph 1, Item 3 shall be issued for each branch for a term of 5 years.
(10) (Renumbered from Paragraph 9, SG No. 22/2007) The Ministry of Transport, Information Technology and Communications shall keep a register of the permits issued under Paragraph 1, Item 3.
(11) (Renumbered from Paragraph 10, SG No. 22/2007) The rights granted by the permit shall be terminated:
1. when it is determined that the permit was issued on the basis of a false document or a document with false content;
2. when the activity of the company or the non-profit legal entity is terminated;
3. when, within 6 months from the permit issuance, the person has not started its activity or if it has not conducted its activity for 6 months;
4. when the term for which it has been issued has expired;
5. by request of the permit’s holder.
(12) (Renumbered from Paragraph 11, SG No. 22/2007, amended, SG No. 54/2010) The permit shall be revoked in case:
1. the training room, the training grounds, the office or the training vehicle no longer satisfy the requirements of the ordinance referred to in Paragraph 1, Item 3;
2. the person or entity whereto a permit was issued under Paragraph 3 arranges for or allows the training of applicants for motor vehicle driving licences in breach of the terms and conditions and the procedure set forth in the ordinance referred to in Paragraph 1, Item 3 and the training documentation referred to in Article 153, Item 1;
3. the person or entity whereto a permit was issued under Paragraph 3 arranges for or allows the training of applicants for motor vehicle driving licences:
(a) in premises not meeting the requirements set forth in the ordinance referred to in Paragraph 1, Item 3;
(b) in motor vehicles not meeting the requirements set forth in the ordinance referred to in Paragraph 1, Item 3;
(c) by instructors not satisfying the requirements set forth in the ordinance referred to in Paragraph 1, Item 3;
(d) at training grounds not meeting the requirements set forth in the ordinance referred to in Paragraph 1, Item 3.
(13) (Renumbered from Paragraph 12, SG No. 22/2007) The permit shall be revoked by a grounded order by the Minister of Transport, Information Technology and Communications or by an official authorized by the latter, upon a proposal by the head of the corresponding control authority under Articles 165 and 166.
(14) (Renumbered from Paragraph 13, SG No. 22/2007) The permit’s revocation shall be subject to appeal under the procedure of the Code of Administrative Procedure.
(15) (Renumbered from Paragraph 14, SG No. 22/2007) Persons whose permit has been revoked shall be allowed to apply to have a new permit issued not earlier than one year from the date of its revocation.
(16) (Renumbered from paragraph15, SG No. 22/2007, amended, SG No. 51/2007) Vocational schools, secondary vocational schools, vocational colleges, secondary general education schools with vocational classes, as well as higher schools, supported by the budget, training students for motor vehicle driver qualification, according to the corresponding curricula and state-approved planned admission, shall not pay a fee for issuance of the permit under Paragraph 1, Item 3.
(17) (New, SG No. 51/2007) A register of instructors who perform training of applicants to obtaining motor vehicle driving qualification is set up and maintained in the Automobile Administration Executive Agency. Entered in the register are:
1. the names of the instructor and the latter’s personal identification number;
2. the date of entry in the register;
3. the education and the qualification of the instructor;
4. the categories of the vehicles for which the instructor has driving qualification;
5. the number and the date of the certificate for supplementary training or specialization;
6. the numbers and the dates of all permits as per Paragraph 3 for which the instructor has been issued certificates;
7. data for penal orders that have entered into effect for violations made in the terms and procedures for training of applicants to obtain motor vehicle driving qualification;
8. the date of striking out from the register.
(18) (New, SG No. 51/2007) Striking out of the register is carried out:
1. upon request of the instructor;
2. upon suspension of the rights specified in the permits for training on the lists where included as an instructor;
3. upon repeated violations by the instructor of the terms and procedures for carrying out training of applicants to obtain motor vehicle driving qualification;
4. when the instructor no longer meets the requirements of the ordinance as per Paragraph 1, Item 3.
(19) (New, SG No. 51/2007, amended, SG No. 54/2010) An instructor delisted from the register on the grounds of Paragraph 18, Item 3 may not be listed in the register again in the course of two years.
(20) (New, SG No. 51/2007) Instructors shall be subjected to periodic training to refine their knowledge that lasts no less than 32 hours of study every 4 years. Upon completion of the training a certificate for supplementary training or specialization is issued.
(21) (New, SG No. 51/2007) Training as per Paragraph 20 is carried out in courses organized by higher schools accredited as per the procedure of the
Higher Education Act using study documentation coordinated with the Executive Director of the Automobile Administration Executive Agency.
Article 152a. (New, SG No. 43/2002) The Minister of Health:
1. in coordination with the Minister of Transport, Information Technology and Communications shall, by issuing an ordinance, set forth the requirements for physical fitness to the motor vehicle drivers, as well as the terms and procedure to conduct medical examinations to determine the physical fitness of the drivers for the different categories;
2. (Amended, SG No. 74/2009) together with the Minister of Education, Youth and Science shall, by issuing an ordinance, set forth the terms and procedure for first aid training of motor vehicle drivers.
Article 153. (Amended, SG No. 43/2002) The Minister of Education, Youth and Science:
1. shall approve the training documentation for training motor vehicle driver licensing applicants;
2. shall approve the training documentation and shall set forth the terms and procedure for licensing required to train motor vehicle drivers;
3. after coordinating with the Minister of Transport, Information Technology and Communications shall approve the training documentation and shall set forth the terms and procedure for licensing required to conduct examinations of motor vehicle driver licensing applicants;
4. together with the Minister of Interior shall approve the training documentation for additional training of motor vehicle drivers for partial restoration of the number of points verifying the validity of the driving licence.
Article 153a. (New, SG No. 22/2007) (1) (1) The Chairpersons of the examining committees for holding examinations for applicants to obtain motor vehicle driving licences shall be subjected to periodic training for refinement of:
1. their knowledge and abilities to hold examinations lasting no less than 32 schools hours every 2 years;
2. practical abilities for driving a motor vehicle with a duration of 5 days every 5 years.
(2) The training takes place in courses organized by higher schools of learning accredited under the procedure of the Higher Education Act using training and study documentation coordinated with the Executive Director of the Automotive Administration Executive Agency. Upon completion of the training a certificate for supplementary training or specialization is issued.
Article 153b. (New, SG No. 54/2010) (1) The psychological tests referred to in Article 152, Paragraph 1, Item 2 and Paragraph 2 shall be organised and conducted:
1. for the first and second psychological test – by the following, which shall be registered subject to the terms and conditions and in accordance with the procedure provided for by this Act and shall also hold registration certificates:
(a) the multi-profile transport hospitals under the Ministry of Transport, Information Technology and Communications and by group practices providing healthcare services where at least one psychologist works;
(b) medical treatment facilities as referred to in Article 8, Paragraph 1, Item 2(d) of the Medical Treatment Facilities Act, where at least one psychologist works;
(c) (amended, SG No. 98/2010) mental health center where at least one psychologist works;
2. for the third psychological test – by regional psychological expert commissions set up at the multi-profile transport hospitals under the Ministry of Transport, Information Technology and Communications.
(2) Methodological guidance for the performance of psychological tests shall be provided by the central psychological expert committee set up at the Tsar Boris III Multi-Profile Transport Hospital of Sofia. The members of such committee shall have the required education and qualifications in accordance with the requirements of the ordinance referred to in Article 152, Paragraph 1, Item 2.
(3) A registration certificate for the performance of psychological tests shall be issued to the entities referred to in Paragraph 1, Item 1 subject to the following terms and conditions:
1. the consulting rooms and the specialised equipment shall satisfy the requirements and ensure the performance of the tests in conformity with the ordinance referred to in Article 152, Paragraph 1, Item 2;
2. the persons conducting the tests shall have the required education and qualifications in accordance with the requirements of the ordinance referred to in Article 152, Paragraph 1, Item 2 and shall be listed in the register referred to in Article 153c, Paragraph 1;
3. the tests shall be organised in accordance with the requirements of the ordinance referred to in Article 152, Paragraph 1, Item 2.
Article 153c. (New, SG No. 54/2010) (1) The entities referred to in Article 153b, Paragraph 1, Item 1 shall be registered by the Minister of Transport, Information Technology and Communications or by an official authorised by the Minister.
(2) For the purpose of getting listed in the register, the entities referred to in Article 153b, Paragraph 1, Item 1 shall submit an application to the Minister of Transport, Information Technology and Communications, with the documents set forth in the ordinance referred to in Article 152, Paragraph 1, Item 2 enclosed therewith.
(3) In case the documents presented as referred to in Paragraph 2 are incomplete, the Minister of Transport, Information Technology and Communications or an official authorised by the Minister shall, within 10 days after the application was submitted, notify the relevant entity in writing and shall specify a deadline for eliminating such incompleteness.
(4) Within 14 days after the application is submitted or after the incompleteness referred to in Paragraph 3 is eliminated, the Minister of Transport, Information Technology and Communications or an official authorised by the Minister shall perform the registration and issue a registration certificate to the entities which satisfy the requirements of the ordinance referred to in Article 152, Paragraph 1, Item 2 and have enclosed the documents referred to in Paragraph 2.
(5) The Minister of Transport, Information Technology and Communications or an official authorised by the Minister shall, subject to providing good reasons, deny registration to any entity which does not satisfy any of the requirements of the ordinance referred to in Article 152, Paragraph 1, Item 2 or has not enclosed the documents referred to in Paragraph 2 with the application.
(6) Registration denial may be challenged in accordance with the procedure provided for by the Code of Administrative Procedure.
(7) The right to organise and conduct psychological tests shall be terminated by the authority which performed the registration:
1. in case the registration was made based on a false document or a document with false content;
2. in case of repeated infringement of the terms and conditions and the procedure for performing the tests;
3. upon request by the registration certificate holder;
4. upon termination of the registered entity’s activities.
Article 153d. (New, SG No. 54/2010) (1) The following shall be recorded in the register referred to in Article 153c, Paragraph 1:
1. serial number and date of entry into the register;
2. name, seat and registered office of the registered entity – for legal entities and sole proprietors;
3. the number of the registration certificate issued;
4. details of the psychologists who are to perform the tests:
(a) the psychologist’s names and personal identification number;
(b) the education and qualifications of the person performing the psychological tests;
(c) details of any penal orders which have taken effect in respect of infringements of the terms and conditions and the procedure for the performance of psychological tests;
(d) details of any deregistration and the grounds therefor.
(2) Entities deregistered on the grounds of Article 153c, Paragraph 7, Item 1, may not re-apply for entry into the register for two years after the date of deregistration.
(3) Within 30 days after the circumstances which are subject to registration change, a request for amending and supplementing the register and the registration certificate shall be submitted.
(4) Deregistration shall be performed through an order by the Minister of Transport, Information Technology and Communications or by an official authorised by the Minister, which may be challenged in accordance with the procedure provided for by the Code of Administrative Procedure.
(5) The registration and deregistration procedures shall be set forth in the ordinance referred to in Article 152, Paragraph 1, Item 2.
Article 154. (Amended, SG No. 43/2002) (1) For driving motor vehicles of the C category only persons who have successfully passed a motor vehicle driver licensing examination for the B or C1 category shall be trained.
(2) For driving motor vehicles of the D category only drivers with licences to drive motor vehicles of the C category and with at least 2 years of driving experience with this licence, or of the D1 category and at least one year of driving experience with this licence, shall be trained. The time for which the driver has had the motor vehicle driving licence revoked does not count for experience.
(3) For driving motor vehicles of the B+E category only drivers having motor vehicle driving licences for the B category shall be trained.
(4) For driving motor vehicles of the D+E category, only drivers with a motor vehicle driving licence of the D category shall be trained.
(5) For driving motor vehicles of the C1 category only drivers with motor vehicle driving licences of the B category shall be trained.
(6) For driving motor vehicles of the C1+E category, only drivers with motor vehicle driving licences of the C1 category and at least one year of driving experience with this licence shall be trained. The time for which the driver has had the motor vehicle driving licence revoked does not count for experience.
(7) For driving motor vehicles of the D1 and C+E categories only drivers with a motor vehicle driving licence of the C category and at least one year of driving experience with this licence shall be trained. The time for which the driver has had the motor vehicle driving licence revoked does not count for experience.
(8) For driving motor vehicles of the D1+E category only drivers with a motor vehicle driving licence of the D1 category shall be trained.
Article 155. (Amended, SG No. 54/2010) (1) Each driver shall be allowed to drive a motor vehicle of the category for which he/she holds a driving licence, and a driver holding a driving licence for the T category – only a vehicle of the type specified in the driving licence.
(2) A driver licensed to drive any of the categories of motor vehicles listed in Article 150a shall also be allowed to drive motor vehicles of the AM category, whereas a driver licensed to drive motor vehicles of the C1 or C categories shall also be allowed to drive motor vehicles of the T category (wheeled tractor).
(3) A driver licensed to drive motor vehicles of the A2 category shall also be allowed to drive vehicles of the A1 category.
(4) A driver licensed to drive motor vehicles of the A category shall also be allowed to drive vehicles of the A1 and A2 categories.
(5) A driver licensed to drive motor vehicles of the B, C or D category shall also be allowed to drive vehicles of the B1, C1 or D1 categories respectively.
(6) A driver licensed to drive motor vehicles of the C1E, CE, D1E or DE category shall also be allowed to drive a composition of vehicles of the BE category.
(7) A driver licensed to drive motor vehicles of the CE category shall also be allowed to drive vehicles of the DE category, provided that he/she is licensed to drive motor vehicles of the D category.
(8) A driver licensed to drive motor vehicles of the CE and DE categories shall also be allowed to drive a composition of vehicles of the C1E and D1E categories respectively.
(9) Where the maximum permissible mass of a composition consisting of a motor vehicle of the B category and a trailer with a maximum permissible mass of up to 750 kg exceeds 3500 kg, the composition shall be driven by persons who have passed the relevant examination. The right to drive such a composition shall be indicated in driving licences through the relevant Community code.
(10) To drive a trolley bus, drivers holding licences of the D category shall undergo additional training in accordance with procedure provided for by the ordinance referred to in Article 152, Paragraph 1, Item 3. The right to drive a trolley bus shall be indicated in driving licences through the relevant national code.
Article 156. (Amended, SG No. 43/2002) In order to move a self-propelled machine on the roads, the driver shall have a licence to operate this machine and a motor vehicle driving licence for any category under Article 150a. This requirement does not apply to the drivers of small-size self-propelled machines.
Article 157. (Effective 1.01.2000) (1) (Amended, SG No. 43/2002) Upon issuance of a driving licence, its holder also receives a control card for verifying the validity of the licence held and a certain number of control points to register the violations committed.
(2) When a driver holding a licence to drive motor vehicles of one category obtains a licence to drive also motor vehicles of another category, the number of the driver’s control points does not change.
(3) (Amended, SG No. 43/2002) The Minister of Interior shall, by issuing an ordinance, set forth the initial maximum number of control points, the terms and procedure for their removal and restoration, as well as the list of violations, which, when committed, will lead to removal of control points from the ones available to the driver who has committed the violation, according to the type of the violation, as well as the terms and procedure for issuance a permit to conduct additional training.
(4) A driver who has lost all his/her control points shall lose his/her driver licensing and shall return the driving licence to the corresponding authority of the Ministry of Interior.
(5) (Supplemented, SG No. 43/2002) A person, who has lost his/her driver licensing under the procedure of Paragraph 4, after returning the driving licence, shall be entitled to be admitted again to an examination before the corresponding authorities to regain such licensing, but no earlier than 6 months from the day on which the licence has been returned. When applying for licensing for a category requiring experience, the experience obtained before losing the licensing is counted.
(6) (New, SG No. 43/2002, amended, SG No. 51/2007) When a statement for traffic violation under this Act is made, the control card shall be revoked and returned to the driver after the obligation as per Article 190, Paragraph 3 is fulfilled. The statement of traffic violation shall replace the control card for a period of up to one month from its date of issue.
(7) (New, SG No. 51/2007) Upon serving the penal order and voluntary payment of the imposed fine the control card is returned immediately.
(8) (New, SG No. 51/2007) The penal order replaces the control card for a period of one month after its entry into force, respectively the court decision or ruling in case of appeal.
Article 158. (1) The number of points to verify the validity of the licence shall be restored:
1. (Amended, SG No. 43/2002, supplemented, SG No. 51/2007) by partial increase of 1/3 from the initial number of points, after passing additional training, but not more than once in a 1-year period, provided the driver has fulfilled his/her obligations as per Article 190, Paragraph 3, which is established with the respective payment order documents;
2. (Amended, SG No. 51/2007) ex officio, up to the maximum number upon expiry of 2 years after the entry into force of the latest penal order with which control points have been taken from the driver.
(2) The number of points to verify the validity of the licence shall be restored only to the maximum initial number.
Article 159. (1) (Previous Article 159, SG No. 51/2007) The Minister of Interior shall approve the template of the motor vehicle driving licence and shall set forth the terms and procedure for:
1. issuance of a motor vehicle driving licence;
2. keeping a central register of the motor vehicle drivers;
3. keeping record of the motor vehicle drivers and keeping record of the penalties imposed on them, and the points verifying the validity of the driving licence;
4. the provision of data about the recorded motor vehicle drivers, both ex officio and against payment. The authority keeping record of the drivers shall, when providing data from the register, keep records containing information about the data provided, the time they were provided, data about the person requesting the report, and the purpose for requesting the data.
(2) (New, SG No. 51/2007) A driving licence for a motor vehicle or a duplicate of the latter shall not be issued and a revoked licence shall not be returned before all due fines are paid in full.
Article 160. (Amended, SG No. 88/2008) (1) A duplicate copy of a driving licence or a control card to it shall be issued when the licence or the control card has been lost, stolen, damaged or destroyed , for which the holder shall sign a statement.
(2) (Amended, SG No. 100/2010, effective 1.07.2011) The statement on the circumstances under Paragraph 1 can be filed electronically, signed with a quqlified electronic sign.
(3) A duplicate copy of a driving licence or a control card to it shall not be issued to a driver who has lost all his/her control points.
Article 161. (Amended, SG No. 43/2002) A motor vehicle driving licence issued in another country shall be valid on the territory of the Republic of Bulgaria for the category for which it has been issued in the following cases:
1. the country, where it has been issued, is a party to the Road Traffic Convention and meets the requirements of Appendix 6 to the Convention;
2. the country where it has been issued is a party to the Agreement Between the Parties to the North Atlantic Treaty Regarding the Status of Their Forces under the terms of Article IV(a) thereof;
3. the licence is accompanied by a legalised translation in Bulgarian;
4. the licence is international and meets the requirements of Appendix 7 to the Road Traffic Convention.
5. (New, SG No. 51/2007) the licence is issued by a European Union Member State or by another State being a party to the European Economic Area Agreement or by the Confederation of Switzerland
Article 162. (Amended, SG No. 43/2002) (1) (Supplemented, SG No. 51/2007) Bulgarian citizens shall be allowed to drive motor vehicles on the territory of the Republic of Bulgaria with a foreign national licence when it is not issued by a European Union Member State or by another State being a party to the European Economic Area Agreement or by the Confederation of Switzerland for up to 3 months from the day of their entry in the country.
(2) (Amended, SG No. 51/2007) Foreigners residing long term on the territory of the Republic of Bulgaria shall be allowed to drive motor vehicles on the territory of the country with a licence not issued by a European Union Member State or by another State being a party to the European Economic Area Agreement or by the Confederation of Switzerland for up to one year from their entry into the country.
(3) The requirement under Paragraph 2 does not apply to the cases under Article 161, Item 2.
(4) (Supplemented, SG No. 51/2007) A foreign national motor vehicle driving licence issued to a Bulgarian citizen or to a foreigner not by a European Union Member State or not by another State being a party to the European Economic Area Agreement and not by the Confederation of Switzerland shall be replaced by a Bulgarian driving licence without sitting for an examination if the country where it has been issued is party to the Convention on Road Traffic and the licence meets the requirements of Appendix 6 to the Convention.
(5) In cases when the foreign national licence does not meet the requirements under Paragraph 4, a Bulgarian motor vehicle driving licence shall be issued after successfully passing an examination.
(6) (New, SG No. 51/2007) A valid driving licence as per Article 161, Item 5 of a person with established habitual residence in the Republic of Bulgaria may be replaced upon request of the latter with an equivalent Bulgarian driving licence without having to sit for an examination.
(7) (New, SG No. 51/2007) A driving licence as per Article 161, Item 5 of a driver who has established his/her habitual residence in the Republic of Bulgaria shall be replaced with a Bulgarian one upon establishing an administrative offence for which a provision is laid down to take control points confirming the validity of the motor vehicle driving licence.
(8) (New, SG No. 51/2007) In the cases of Paragraphs 6 and 7, the replacement with a Bulgarian driving licence shall take place after verification of the validity of the licence presented. The replaced licence shall be returned to the country of issue, whereby the reasons for making the replacement are given.
Article 163. (1) (Previous Article 163, SG No. 43/2002) An international driving licence shall be issued on the basis of a valid national driving licence, issued in the Republic of Bulgaria. This international licence is not valid on the territory of the Republic of Bulgaria.
(2) (New, SG No. 43/2002) A person whose national motor vehicle driving licence issued in the Republic of Bulgaria has been revoked shall return his/her international licence to the corresponding authority of the Ministry of Interior within 7 days from the day when the revocation act becomes effective.
(3) (New, SG No. 43/2002) A person whose international motor vehicle driving licence issued in the Republic of Bulgaria has been revoked while staying abroad shall, upon his/her return to Bulgaria, notify the corresponding authority of the Ministry of Interior about that within 7 days after his/her entry into the country.
Article 164. (1) A vehicle which is not powered by a motor may be driven on the public roads by a person who is at least 12 years of age.
(2) A driver under 12 years of age of a vehicle which is not powered by a motor shall be allowed to move on the traffic roadway of the public roads with an accompanying person who is at least 16 years of age.
Chapter Five
RIGHTS AND OBLIGATIONS OF THE CONTROL AUTHORITIES
Article 165. (1) Authorities designated by the Minister of Interior:
1. control the following of the traffic rules by all traffic participants and the good working condition of the vehicles on the road, for the purpose of which the officials shall, when conducting an inspection, clearly mark themselves, ensuring the necessary visibility;
2. when necessary, control the road traffic;
3. (Amended, SG No. 51/2007) watch the condition of the road and the road accessories and issue written notices, warning letters or orders to the owners or to the administration, managing the road and to the company maintaining the road section for removal of faults established;
4. register and keep records of the traffic accidents;
5. (New, SG No. 43/2002) conduct an analysis of traffic accidents and provide information to state authorities, municipalities, public organisations, and the mass media;
6. (New, SG No. 43/2002) keep the national registries of drivers, their violations and penalties, motor vehicles, and traffic accidents and create information funds to store the data;
7. (New, SG No. 43/2002) take preventive action to limit traffic accidents and the consequences thereof;
8. (New, SG No. 43/2002) introduce temporary traffic organisation, together with the owner or the administration managing the road;
9. (New, SG No. 43/2002) shall be allowed to introduce temporary changes to the traffic organisation upon sudden danger for the traffic – an unexpected obstacle on the road, snowing or icing, or traffic accidents, immediately notifying the owner or the administration managing the road.
10. (New, SG No. 43/2002, supplemented, SG No. 85/2004) control the implementation of the training programs for additional training under Article 157, Paragraph 3, by conducting checks both of documents and on the spot;
11. (New, SG No. 6/2004) control whether drivers observe their obligation to drive the vehicles on the national roads after paying a vignette fee, placing valid vignette stickers, and removing vignette stickers with expired terms.
12. (New, SG No. 51/2007) prevent violations related to safeguarding the road, the road facilities and the road accessories.
13. (New, SG No. 51/2007, repealed, SG No. 69/2008).
(2) when performing their functions under this Act, the authorities designated by the Minister of Interior:
1. shall be allowed to stop the vehicles, check the driver’s identification documents and licence, as well as all documents, related to the vehicle driven and the transportation conducted;
2. (New, SG No. 43/2002) shall be allowed to seize and hold the documents under Item 1 where legally admissible;
3. (Renumbered from Item 2, SG No. 43/2002) shall not allow a motor vehicle to be driven by a driver under the influence of alcohol or other narcotic drug;
4. (Renumbered from Item 3, SG No. 43/2002) shall not allow movement of any vehicle having any of the damages or faults, specified in Article 101, Paragraph 3;
5. (Renumbered from Item 4, SG No. 43/2002) shall be allowed to take traffic participants to the units of the Ministry of Interior, when necessary for the investigation of the accident.
6. (New, SG No. 85/2004) shall be allowed, in order to establish traffic rules violations, to use technical means or systems, capturing or recording the date, the exact time of the violation and the plate registration number of the motor vehicle.
7. (New, SG No. 69/2008) shall mark places for control of traffic rules observance by all participants in the road traffic by putting in place road signs and video-monitoring equipment; the control shall be carried out only within the perimeter of action of the video-monitoring tools.
Article 166. (Amended, SG No. 43/2002) (1) (Amended, SG No. 22/2007) Through the Automobile Administration Executive Agency, the Minister of Transport, Information Technology and Communications shall control:
1. (Amended, SG No. 54/2010) the observance of the rules of public and non-commercial transportation of passengers and cargo, as well as any documents related to such transportation;
2. the activity of the persons, who have obtained a permitted under the procedure of Article 148 to perform periodic inspection for good working condition of the registered vehicles;
3. (Amended, SG No. 54/2010) the condition of the facilities and the implementation of the training documentation in the training centres for preparation of motor vehicle drivers which have obtained a licence under the procedure provided for in Article 152, Paragraph 1, Item 3.
4. (New, SG No. 54/2010) the condition of the facilities and observance of the terms and conditions and the procedure for performance of psychological tests by the entities referred to in Article 153b, Paragraph 1;
5. (New, SG No. 54/2010) conformity with the requirements to the technical services referred to in Article 138b.
(2) (Amended, SG No. 22/2007) When performing their functions under this law, the authorities, designated by the Minister of Transport, Information Technology and Communications:
1. (Supplemented, SG No. 54/2010) shall be allowed to stop the vehicles intended to perform public and non-commercial transportation to check the driver’s identification documents and licence, all documents related to the vehicle driven and the transportation conducted, as well as the good working condition and transporting capability of the vehicles;
2. shall be allowed to seize and retain the documents under Item 1 where legally admissible;
3. (Amended, SG No. 22/2007, SG No. 54/2010) shall give instructions related to the condition of the facilities, and the implementation of the training documentation in the training centres for preparation of motor vehicle drivers; when necessary, shall make proposals to the Minister of Transport, Information Technology and Communications for revocation of the training permit issued under the procedure of Article 152, Paragraph 1, Item 3;
4. (Amended, SG No. 22/2007) shall give instructions related to the period inspection of the good working condition of the motor vehicles; when necessary, make proposals to the Minister of Transport, Information Technology and Communications for revocation of the permit issued under the procedure of Article 148;
5. (New, SG No. 85/2004) shall be allowed to check the identification documents of the passengers being transported on motor vehicles for public transportation of passengers or for non-commercial transportation;
6. (New, SG No. 85/2004, supplemented, SG No. 54/2010) shall not allow operation of a motor vehicle for public and non-commercial transportation of passengers or of cargo if the vehicle has one of the failures or faults set forth in Article 101, Paragraph 3;
7. (New, SG No. 85/2004) shall be allowed to stop the training automobiles used for training of applicants to obtain motor vehicle driving licence, to check the identification documents of both the trainer and the trainee, as well as the good working order of the vehicle used for training;
8. (New, SG No. 22/2007) shall be allowed to use technical means to measure the dimensions, mass or the load per axle and for verification of the good working order of vehicles designated for public transport or for non-commercial transportation of passengers and cargo.
9. (New, SG No. 54/2010) shall give mandatory instructions related to the condition of the facilities and the observance of the terms and conditions and the procedure for the performance of psychological tests;
10. (New, SG No. 54/2010) shall give mandatory instructions on the elimination of deviations from the requirements to the technical services referred to in Article 138b.
(3) (New, SG No. 54/2010) Representatives of the central psychological expert committee referred to in Article 153b, Paragraph 2 shall participate in the control under Paragraph 1, Item 4.
Article 166a (New, SG No. 79/2005) (1) (Amended, SG No. 99/2005, SG No. 93/2009, SG No. 54/2010) The Consumer Protection Commission under the Minister of Economy, Energy and Tourism, its regional units and the consumer protection units under the municipal administration, within the competence vested in them under Article 166 of the Consumer Protection Act, shall control the observance of the requirements on:
1. the existence of a valid certificate of conformity with an approved type of the new motor vehicles and trailers launched in the market;
2. the marking of new components or separate technical units for motor vehicles and trailers launched in the market;
3. the observance of the requirement to provide information to consumers where such provision is required on the authority of a statutory instrument;3.
4. ensuring implementation of the measures related to recall campaigns;
5. controlling the observance of the requirements pertaining to launching in the market and dealing with approved parts and equipment which may pose a significant risk to the correct functioning of basic systems related to the safety of vehicles while driven on roads or to their environmental characteristics.
(2) When performing their controlling function, the authorities under Paragraph 1 shall have the right to:
1. (Amended, SG No. 54/2010) free access to the sites where new motor vehicles, trailers, components, or separate technical units for them were launched in the market;
2. require a valid certificate for compliance with the approved type;
3. (Supplemented, SG No. 54/2010) check whether the required marking and labelling on components or separate technical units of motor vehicles and trailers is present;
4. (Amended, SG No. 54/2010) take samples of any components or separate technical units designed for installation in motor vehicles and trailers, for laboratory tests to verify the compliance with the approved type;
5. summon, if need arises, experts in the respective field;
6. give mandatory instructions to rectify discrepancies and regulatory violations;
7. prepare statements establishing violations;
(3) The authorities under Paragraph 1 shall:
1. establish the facts when exercising their control;
2. preserve the official, production, and commercial secret and not disclose any data from inspections before their completion, and not use the information obtained during inspection for any other purpose;
3. (Amended, SG No. 54/2010) notify the Automotive Administration Executive Agency when violations in introduction to market or dealing in new motor vehicles, trailers, components, and/or separate technical units thereof have been established;
4. (Amended, SG No. 93/2009, SG No. 54/2010) notify the Controlling-Technical Inspectorate with the Ministry of Agriculture and Food, when any violation of the requirements for new components or separate technical units for wheeled tractors have been established;
5. (Amended and supplemented, SG No. 54/2010) use accredited laboratories or summon, upon establishing violations and carrying out inspections, the control authorities to examine the compliance of new components or separate technical units for motor vehicles and trailers with the approved type.
(4) Authorities under Paragraph 1 shall exercise control over trade in used spare parts for motor vehicles, together with the Ministry of Interior.
(5) (New, SG No. 54/2010) In performing its functions as referred to in Paragraph 1, the Consumer Protection Commission shall use data from the national information system referred to in Article 138a, Paragraph 4.
Article 166b. (New, SG No. 79/2005) (1) When, based on results of tests performed, any discrepancies of newly introduced to market new systems, components or separate technical units for motor vehicles with the approved type have been established, the costs of the tests, as well as the samples taken, shall be borne by the violating party.
(2) (Amended, SG No. 99/2005) When the results of tests performed on new systems, components or separate technical units for motor vehicles are satisfactory and no discrepancies thereof have been established, the costs of the tests, as well as the samples taken, shall be borne by the Consumer Protection Commission.
(3) (Amended, SG No. 99/2005) Within 7 days after the completion of the tests on new systems, components or separate technical units for motor vehicles for compliance with the approved type, the Consumer Protection Commission shall notify the person who is subject to control in writing, and shall provide the person with a copy of the protocol issued.
(4) All payments under Paragraph 1 shall be made with 14 days after the day of notification under Paragraph 3.
Article 167. (1) (Amended, SG No. 43/2002) Persons managing the road shall maintain it in good condition, shall signal immediately the obstacles on it, and shall eliminate them as soon as possible. They cannot grant usage of part of the range of the road to third parties when this will hinder the traffic participants. In towns and villages, the sidewalks may be used for commercial and other purposes only if there is an area reserved for pedestrian passage of a width no less than 2 meters.
(2) Control authorities designated by mayors of the municipalities:
1. (Supplemented, SG No. 51/2007, SG No. 54/2010) shall exercise control in towns and villages for the good shape and condition of the road pavement, the road facilities, the road markings, the regulatory and organizational facilities, as well as the observance of the parking rules by vehicle drivers, of the traffic rules by the pedestrians and the proper usage of alarm systems installed in vehicles for their security;
2. shall use the technical means for enforced holding of a vehicle, for which the short-term parking fee due under Article 99, Paragraph 3 has not been paid, until the fee, together with the expenses for application of the technical means, are paid.
3. (New, SG No. 43/2002, amended, SG No. 61/2006) shall control on the territory of the municipality the observance of the requirements of the Waste Management Act in relation to all motor vehicles abandoned or taken off the record;
4. (New, SG No. 85/2004) shall register the animal-drawn vehicles.
(3) (New, SG No. 51/2007, supplemented, SG No. 69/2008, amended and supplemented, SG No. 75/2009, amended, SG No. 82/2009) The control offices appointed by the owners or by the administration managing the road outside the built-up areas shall exercise control of the condition and the good shape of the road pavement, the road facilities, the signalling facilities and the road markings. The overall mass, axle load and dimensions of vehicles shall be controlled by officers of the Customs Agency and the Road Infrastructure Agency, with a view to operating roads correctly and preventing their destruction. The Customs Agency shall perform control over transporters and shall supervise the observance of routes by transporters entering or leaving Bulgaria.
(4) (Amended, SG, No. 1/2000, renumbered from Paragraph 3, SG No. 51/2007) The fees collected when violations related to the control exercised under Paragraph 2 are found, shall be deposited in the municipal budget. The municipal budget shall provide funds for:
1. (Supplemented, SG No. 43/2002) improving the traffic organisation and safety;
2. support the upkeep of the municipal authorities, exercising control under this Act;
3. other activities related to the implementation of this Act.
Article 168. (1) (Previous Article, SG No. 43/2002) The officials designated by the Minister of Interior from the control authorities and the officials designated by the owners or the administration managing the road shall be allowed to move or to order that a parked vehicle should be towed to safe keeping in a place, which has been publicly announced in advance, without the knowledge of its owner or owner-appointed driver.
(2) (New, SG No. 43/2002) The authorities conducting enforced towing of vehicles shall specify in advance the location of the moved vehicle, using the corresponding signs.
Article 169. (1) (Amended, SG No. 43/2002, SG No. 109/2007) The observance of the traffic rules by drivers of military vehicles and by the organised groups of military personnel shall be controlled also by the Military Police Service with the Minister of Defence.
(2) (New, SG No. 43/2002, amended, SG No. 109/2007) When performing their controlling functions under Paragraph 1, the authorities of the Military Police Service with the Minister of Defence, shall have the rights under Article 165, Paragraph 2 with regard to the military vehicles.
(3) (Renumbered from Paragraph 2, SG No. 43/2002, amended, SG No. 51/2007) When military columns are moving on the roads, it shall also be allowed for the traffic to be controlled by their representatives.
Article 170. (1) (Amended, SG No. 43/2002, supplemented, SG No. 85/2004) The control of the observance of the traffic rules and of the requirements, set forth by the Act and the statutory instruments issued pursuant to it, shall be done by the corresponding services under this Chapter. Same services shall also enforce the penalties provisioned in this Act.
(2) (Repealed, SG No. 43/2002).
(3) When a vehicle is stopped for inspection or to provide assistance, the official of the control authorities shall make a clear signal with a stop-baton in due course. At night it shall be allowed for the stop signal to be made also by a red light making a half circle. A uniformed policeman shall also be allowed to stop the vehicles by just making a hand signal. A stop signal shall also be allowed to be made by a moving police automobile or motorcycle.
(4) The persons being controlled shall cooperate and ensure unhindered access to the representatives of the control authorities to the objects under control, when they are exercising their rights.
(5) The controlling official shall present a police badge or an official card to the traffic participant being stopped for inspection. When necessary, the first mentioned shall be allowed to prompt the driver who has been stopped to get out of the vehicle.
(6) Authorities under this Act shall be allowed to travel free of charge on every motor vehicle for public transportation, excluding taxicabs, using cards issued by the Minister of Transport, Information Technology and Communications.
(7) (New, SG No. 85/2004) For failure to fulfil their obligations under this Chapter, persons from the controlling services shall be punished administratively.
Article 170a. (New, SG No. 51/2007) (1) The persons or the administration managing the road shall be obliged to:
1. maintain the road, the road facilities and the facilities for traffic organization and regulation in good order;
2. implement and maintain technical facilities and traffic control and regulation systems;
3. evaluate on a yearly basis and take steps to limit traffic accidents and lower the number of victims of the latter that are due to the technical condition of the road.
(2) The administration managing the railroad shall be obliged to maintain the railroad crossings and their facilities in good working order.
Article 170b. (New, SG No. 51/2007) The Minister of Transport, Information Technology and Communications and the Minister of Interior shall establish with an ordinance the procedure for official investigation of the serious traffic accidents caused by drivers who have obtained driving licence for motor vehicles as of two years and by drivers of motor vehicles for public transport or at their own account of passengers and cargo and for outlining measures for their confinement.
Article 170c. (New, SG No. 51/2007, amended, SG No. 74/2009) The Minister of Interior and the Minister of Education, Youth and Science shall establish with an ordinance the procedure of interaction regarding information exchange, analysis of road traffic accidents where children are involved and for outlining measures for their confinement and for minimizing the consequences.
Chapter Six
ADMINISTRATIVE MEASURES OF COMPULSION
Article 171. (Supplemented, SG No. 43/2002, amended, SG No. 51/2007) In order to ensure road traffic safety and put an end to the administrative violations, the following administrative measures of compulsion shall be enforced:
1. temporary revocation of the motor vehicle driving licence of a driver:
a) for whom it is visibly established that he/she does not meet the medical or psychological requirements – until the grounds for it are no longer present;
b) (Amended, SG No. 51/2007) who drives a motor vehicle with blood alcohol concentration exceeding 0,5 parts per thousand established by a medical analysis or by a technical facility determining the content of alcohol in the blood by measuring it in the exhaling air or is under the influence of another narcotic drug as well as in case of refusal to be checked with a technical facility or to give blood for a medical analysis – until a decision as to the driver’s liability is passed;, but not for more than 6 months; in case there is a medical analysis of a blood sample as per the procedure of Article 174, Paragraph 4, the values established shall be decisive;
c) who, for the lack of knowledge, has committed a major violation of the traffic rules – until the successful passing of a testing examination;
d) (New, SG No. 43/2002, amended, SG No. 85/2004) who conducts public transportation of passengers or cargo with a vehicle not included in a licence list or a registration certificate – until a decision as to the driver’s liability is passed;, but for no more than one month;
e) (New, SG No. 51/2007) who drives a motor vehicle in violation of the provision of Article 157, Paragraph 8 – until the due fine is paid;
f) (New, SG No. 51/2007) who drives a motor vehicle without the “Civil Liability” driver’s insurance – until the presentation of a concluded valid insurance policy;
2. temporary decommissioning of a vehicle:
a) until the fault is eliminated, when the vehicle is not in a good working condition, including when the content of harmful substances in the exhaust gasses or the noise are above the admissible levels, or if its construction has been modified without the corresponding permission;
b) until the irregularity is eliminated, when the vehicle is carrying dangerous cargo, but does not meet the requirements for the class and type of the cargo being carried;
c) (supplemented, SG No. 103/2005) of an owner who does not have the mandatory “Civil Liability” driver’s insurance, until the owner concludes it;
d) (New, SG No. 43/2002; amended, SG No. 85/2004, repealed, SG No. 54/2010);
e) (New, SG No. 85/2004) which is marked by markings identifying it as a taxicab, but has not been included on a list to an issued licence or an issued registration certificate, or does not meet the requirements set forth in a statutory instrument;
f) (New, SG No. 85/2004) when the motor vehicle has its noise-reductors removed.
g) (New, SG No. 43/2008) when the respective vignette fee referred to in Article 10, Paragraph 1, Item 1 of the Roads Act has not been paid, or when an invalid vignette sticker has been stuck.
3. holding for safe keeping, until the ownership is established, of a registered vehicle or one with pending registration, with an identification number of the frame (chassis) placed by the manufacturer is missing because of an erasure or removal or has been changed;
4. revocation of the driving licence of a person who has not fulfilled the obligation under Article 157, Paragraph 4;
5. towing of a parked vehicle without the knowledge of its owner or the driver authorised by the latter when the vehicle is:
a) parked properly, but the circumstances require for it to be towed; the regional police directorate shall be informed about the new location of the vehicle and the expenses made in relation to the towing of the vehicle shall be borne by the person or organisation that have requested the towing;
b) (Amended and supplemented, SG No. 43/2002, amended, SG No. 51/2007) parked in violation of the traffic rules in places marked by a fixed road sign warning about enforced towing of a parked vehicle, as well as when it creates danger or makes it impossible for the other traffic participants to pass; in this case the persons under Article 168 shall notify the regional police directorate, on the territory of which the automobile has been towed, about the new location of the vehicle; all expenses made in relation to the towing of the vehicle shall be borne by the owner of the vehicle, which may be held until these expenses have been paid and the fee for safe keeping of the towed automobile shall be accrued from the moment of notifying the regional police department;
c) (Supplemented, SG No. 85/2004) without registration plates placed on the designated places, or if 30 days have passed since the motor vehicle’s registration certificate has been revoked or returned to the Ministry of Interior;
6. (New, SG No. 43/2002) temporary termination of the activity of the persons who have received a permit under the procedure of Article 148, Article 152, Paragraph 1, Item 3 and Article 157, Paragraph 3 – until the found violations have been eliminated.
Article 172. (1) (Amended and supplemented, SG No. 54/2010) The administrative measures of compulsion under Article 171, Items 1, 2, 4, Item 5(a) and Item 6 shall be applied with a grounded order by the heads of the control authorities under this Act, according to their competence, or by officials authorised by them.
(2) (New, SG, No. 43/2002) The enforcement of the administrative measures of compulsion by the heads of the control authorities shall be effected by:
1. not allowing driving of the motor vehicle;
2. decommissioning of the motor vehicle;
3. revocation of the documents under Article 165, Paragraph 2, Item 1 and Article 166, Paragraph 2, Item 1;
4. placing a sticker of a design, set forth by the Minister of Interior, on the windshield of the motor vehicle, when temporarily decommissioning under Article 171, Item 2.
5. (New, SG No. 51/2007) towing and safe keeping of motor vehicles temporary decommissioned on the grounds of Article 171, Item 2, whereby the expenses for towing and payment of the fees for safe keeping shall be borne by the vehicle owner;
6. (New, SG No. 54/2010) revocation of the individual stamps used to authenticate the documents issued upon the performance of periodic inspections to check the good working order of vehicles.
(3) (New, SG No. 51/2007) In the cases as per Article 171, Item 1(b), the motor vehicle driving licence of the driver is suppressed with the drawing up of the statement for establishing the administrative violation.
(4) (Renumbered from Paragraph 2, SG No. 43/2002, renumbered from Paragraph 3, SG No. 51/2007) Appeal of the orders under Paragraph 1 shall be made under the procedure of the Code of Administrative Procedure.
(5) (Renumbered from Paragraph 3, SG, No. / 2002, renumbered from Paragraph 4, SG No. 51/2007) Filing an appeal does not stop the enforcement of the administrative measure.
Article 173. (Amended, SG No. 82/2006, SG No. 69/2008) When towing of improperly parked vehicles is required for the passage on the road of vehicles of the medical emergency aid, the Chief and the District Directorates of the Ministry of Interior, the owners of these vehicles shall not be reimbursed, even if insured, if the towed vehicles have sustained any damages.
Article 173a. (New, SG No. 79/2005) (1) (Amended, SG No. 99/2005, SG No. 54/2010) Upon establishing that new motor vehicles, trailers, systems, components or separate technical units thereof have been launched on the market or traded with in violation of Article 138, Paragraphs 7 and 8, the Chairman of the Consumer Protection Commission, or the mayor of the municipality respectively, shall issue an order to ban their sales until a valid certificate for compliance with the approved type is presented.
(2) (Amended, SG No. 99/2005) When, as a result of inspections and/or tests carried out, it has been established that any new motor vehicle system, component, or separate assembly launched on market do not comply with the requirements of the regulations under Article 138, Paragraph 4, the Chairman of the Consumer Protection Commission, or the mayor of the municipality respectively, shall issue an order to ban the sales of the new system, component, separate assembly or series thereof, and, if necessary, shall order their withdrawal from the market at the expense of the respective dealer.
Chapter Seven
ADMINISTRATIVE LIABILITY
Article 174. (1) (Amended and supplemented, SG No. 43/2002, amended, SG No. 51/2007) The right to drive a motor vehicle, a tram, or a self-propelled machine shall be revoked for a period from 1 to 12 months and a fine between BGN 200 and BGN 500 shall be imposed to the person driving a motor vehicle, a tram, or a self-propelled machine with a blood alcohol concentration over 0,5 parts per thousand up to 1,2 parts per thousand inclusive, established by a medical analysis and/or by a technical facility determining the content of alcohol in the blood by measuring it in the exhaling air and a driver who has obtained a driving licence within the past two years and a driver of a public transport vehicle for passengers and dangerous goods shall be penalised with deprivation of the right to drive a motor vehicle for a term from 2 to 12 months and a fine between BGN 300 and BGN 600.
(2) (Amended and supplemented, SG No. 43/2002, amended, SG No. 51/2007) When the violation under Paragraph 1 is repeated, the penalty shall be deprivation of the right to drive a motor vehicle, tram, or self-propelled machine for a period from one to three years and a fine between BGN 1000 and BGN 2000.
(3) (Supplemented, SG No. 43/2002, amended and supplemented, SG No. 51/2007) A driver of a motor vehicle, a tram, or a self-propelled machine who refuses to pass a test with a technical device to establish the use of alcohol or intoxicating substances or does not obey the instruction to have a medical test conducted to establish the blood alcohol concentration shall be punished by deprivation of the right to drive a motor vehicle, a tram, or a self-propelled machine for a period from 12 to 18 months and a fine between BGN 500 and BGN 1000.
(4) (Amended, SG No. 43/2002) The procedure to establish the use of alcohol or another narcotic drug shall be set forth by the Minister of Health, the Minister of Interior, and the Minister of Justice.
Article 175. (1) (Amended, SG No. 43/2002) A deprivation of the right to drive a motor vehicle for a period from 1 to 6 months and a fine between BGN 50 and BGN 200 shall be imposed on a driver, who:
1. drives a motor vehicle which is not duly registered or which is registered, but has no registration plates or the registration plates are not placed on the designated places;
2. (Amended, SG No. 43/2002) has placed or is using a device making a light or sound signal intended for use by a special-mode automobile, without being entitled to do so;
3. refuses to give his/her documents to the control authorities, or in any way obstructs the inspection by the control authorities;
4. refuses to obey an order by the traffic control authorities;
5. violates his/her duties as a person involved in a traffic accident;
6. refuses to provide the necessary cooperation with his/her motor vehicle in a traffic accident, in which he/she is not involved.
(2) (Amended, SG No. 43/2002) For a repeated violation under Paragraph 1, the penalty shall be deprivation to drive a motor vehicle for a period from 1 month to 1 year, and a fine between BGN 150 and BGN 300.
Article 176. (1) (Amended, SG No. 43/2002) A deprivation of right to drive a motor vehicle for a period of up to 6 months or a fine between BGN 200 and BGN 300 shall be imposed on a driver who is driving a motor vehicle loaded with hazardous cargo without a document for the professional competence necessary to carry that cargo.
(2) (Amended, SG No. 43/2002) For a repeated violation under Paragraph 1, the penalty shall be deprivation of the right to drive a motor vehicle for a period from 3 months to 1 year, and a fine between BGN 300 and BGN 400.
Article 177. (Amended, SG No. 43/2002) (1) A fine between BGN 100 and BGN 300 shall be imposed on:
1. a person driving a motor vehicle after having been deprived of this right by a judicial or administrative procedure;
2. a person driving a motor vehicle without having the corresponding driving licence, or having his/her licence revoked under the procedure of Article 171, Item 1 or 4;
3. an owner, official, or driver, who allows or grants driving of a motor vehicle to a person who does not have a driving licence, has used alcohol or another narcotic drug;
4. (Supplemented, SG No. 54/2010) a person driving a decommissioned motor vehicle or a composition of vehicles wherein a decommissioned vehicle is included without permission from the control authority of the Ministry of Interior.
5. a person conducting preparation or additional training courses for drivers, without the corresponding permit;
6. a person who has placed on the road signs, traffic lights, and the other signalling means objects or devices not related to the signalling means and the purpose for which they are used;
7. a person who has placed posters, campaign materials, lighted structures, as well as other attention-grabbing means resembling road signs or means of traffic control, reducing the visibility or efficiency of the road signs and the other means to control traffic or blind the traffic participants;
8. a person who uses a vehicle to block a road in order to obstruct the normal traffic, a demonstration, a procession, a competition, or other similar activities on it;
9. a person who has placed road signs or other signalling means in violation of the procedure set forth by the ordinance under Article 3, Paragraph 3;
10. an official who has been notified to this end but does not take immediate measures to remove a traffic-endangering obstacle from the road and secure the latter;
11. a person who has put a road sign, road markings, or other means for traffic organisation without being entitled to do so.
(2) A fine between BGN 100 and BGN 500 shall be imposed on:
1. a person driving a vehicle of dimensions, weight, or axle load exceeding the norms set forth by the Minister of Regional Development and Public Works, without following the established procedure for it;
2. a person who has removed, moved, damaged, or destroyed a road sign placed on the road, without endangering the life or property of third parties.
(3) When the violation under Paragraph 1, Items 1, 2, and 3, and Paragraph 2 is repeated, the penalty shall be a fine between BGN 150 and BGN 1500.
Article 178. (1) (Previous Article 178, SG No. 43/2002) A fine between BGN 100 and BGN 1000 shall be imposed on:
1. (Repealed, SG No. 43/2002);
2. a person who, without following the established procedure, installs basic assemblies from different models on a motor vehicle or modifies the motor vehicle’s construction;
3. a person who orders a road to be repaired, or to have a facility or an obstacle placed on the road, without taking measures to ensure traffic safety;
4. (Repealed, SG No. 43/2002);
5. (New, SG No. 43/2002, repealed, SG No. 54/2010);
6. (New, SG No. 43/2002, amended, SG No. 54/2010) a person who violates the prescriptions established by a statutory instrument related to the condition of the facilities and the implementation of the training programs in the training forms for preparation of motor vehicle drivers who have obtained permission under the procedure of Article 157, Paragraph 3;
7. (New, SG No. 43/2002) an official who has not taken timely measures to remove or signal in the established manner an obstacle on the road or a fault in the road accessories, which can endanger traffic safety.
8. (New, SG No. 51/2007) a person who, without coordination with the authorities of the Ministry of Interior and the administration managing the road, changes the introduced organization of traffic.
9. (New, SG No. 51/2007) a person who does not implement the order given as per the procedure of Article 165, Paragraph 1, Item 3;
10. (New, SG No. 51/2007) a person who does not provide the control authorities with access to the objects subject to control or refuses to provide them with documents regarding the activity of the object subject to control.
(2) (New, SG No. 43/2002, supplemented, SG No. 51/2007, amended, SG No. 54/2010) When the violation under Paragraph 1, Items 6 and 10 has been repeated, the penalty shall be a fine between BGN 1000 and BGN 5000 and revocation of the permit.
Article 178a. (New, SG No. 54/2010) (1) A fine or a penalty payment amounting to BGN 5000 shall be imposed on anyone who issues documents certifying the performance of periodic inspections to check the good working order of vehicles without a permit issued under Article 148, Paragraph 2.
(2) A fine or a penalty payment amounting to BGN 3000 shall be imposed on anyone who fails to make it possible for the control authorities referred to in Article 166 to inspect the facilities, equipment or measurement devices, or who fails to provide such authorities with the documentation related to the performance of periodic inspections to check the good working order of vehicles in order for them to inspect it.
(3) In case the infringement referred to in Paragraph 2 is repeated, the penalty shall be a fine or penalty payment amounting to BGN 5000.
(4) A penalty payment amounting to BGN 1000 shall be imposed on anyone who has obtained a permit in accordance with the procedure provided for by Article 148, Paragraph 2 and who:
1. fails to send a notification or a document related to the activities pertaining to the performance of periodic inspections to the relevant competent authorities;
2. as a result of improper storage of documents used to certify the performance of periodic inspections to check the good working order of vehicles, has allowed them to be lost, stolen or destroyed.
(5) In case the infringement referred to in Paragraph 4 is repeated, the penalty payment shall amount to BGN 2000.
(6) A penalty payment amounting to BGN 2000 shall be imposed on anyone who, within his/her obligations under the requirements of the ordinance referred to in Article 147, Paragraph 1, has failed to set up the required organisation or to control the observance of the requirements thereof.
(7) A fine amounting to BGN 1500 shall be imposed on:
1. a chairperson of an inspection committee or a technical expert who has allowed the performance of periodic inspections to check the good working order of vehicles in breach of the requirements set forth in the ordinance referred to in Article 147, Paragraph 1, or through equipment or measurement devices not meeting the requirements set forth in the ordinance referred to in Article 147, Paragraph 1;
2. a chairperson of an inspection committee or a technical expert who has failed to enter the data from the inspection performed to check the good working order of a vehicle in accordance with the requirements of the ordinance referred to in Article 147, Paragraph 1;
3. a technical expert who has failed to check the working order of the equipment, parts, assemblies, systems, mechanisms, elements and characteristics of vehicles which are subject to inspection to check the good working order in accordance with the methods set forth in the ordinance referred to in Article 147, Paragraph 1;
4. a technical expert who has rated a technical fault contrary to the requirements set forth in the ordinance referred to in Article 147, Paragraph 1, or has issued an incorrect conclusion in the documents evidencing the performance of a periodic inspection to check the good working order;
5. a technical expert who works using faulty equipment, apparatus or measurement devices or who uses them incorrectly, or tampers with their readings;
6. a technical expert who has failed to notify the Automobile Administration Executive Agency within the period specified in the ordinance referred to in Article 147, Paragraph 1 that his/her individual stamp has been lost, stolen or destroyed.
(8) In case the infringement referred to in Paragraph 7 is repeated, the penalty shall be a fine amounting to BGN 3000.
(9) A fine amounting to BGN 1000 shall be imposed on any technical expert who, as a result of improper storage, allows his/her individual stamp to be lost, stolen or destroyed.
(10) A fine or a penalty payment amounting to BGN 500 shall be imposed on anyone infringing the requirements on the performance of periodic inspections of the good working order of vehicles and the requirements on keeping the documentation related thereto, unless any other penalty is provided for.
Article 178b. (New, SG No. 54/2010) (1) A fine or a penalty payment amounting to BGN 5000 shall be imposed on anyone who provides training to applicants for motor vehicle driving licences without a permit issued under Article 152, Paragraph 3.
(2) A fine or a penalty payment amounting to BGN 3000 shall be imposed on anyone who fails to make it possible for the control authorities referred to in Article 166 to inspect the facilities, or who fails to provide such authorities with all the documentation related to the training of applicants for motor vehicle driving licences.
(3) In case the infringement referred to in Paragraph 2 is repeated, the penalty shall be a fine or penalty payment amounting to BGN 5000.
(4) A fine or a penalty payment amounting to BGN 1000 shall be imposed on anyone who has obtained a permit in accordance with the procedure provided for by Article 152, Paragraph 3 and who:
1. fails to ensure that the register of driving licence applicants and the documentation are kept in accordance with the requirements of the training documentation pertaining to the training of applicants as referred to in Article 153, Item 1;
2. stores the register of applicants for motor vehicle driving licences improperly and as a result of that the register has been lost, stolen or destroyed;
3. arranges for or allows the activities to be performed through a training master not satisfying the requirements set forth in the ordinance referred to in Article 152, Paragraph 1, Item 3;
4. arranges for or allows the activities to be organised at an office not meeting the requirements set forth in the ordinance referred to in Article 152, Paragraph 1, Item 3;
5. fails to provide for the necessary conditions for the conduction of theory or practical examinations;
6. fails to provide the video recordings after the theory examinations at the training centre.
(5) A fine amounting to BGN 500 shall be imposed on any training master at a training centre providing training to applicants for motor vehicle driving licences in case he/she:
1. fails to ensure observance of the requirements of the training documentation for training driving licence applicants as referred to in Article 153, Item 1 during the training;
2. fails to issue in a timely manner and to keep the relevant documents related to the training;
3. when organising the training, makes an arrangement for or allows deviations from:
(a) the daily training load of trainees;
(b) the daily workload of instructors;
(c) violation of the theory training schedule;
(d) the obligation to inform of individual training;
(e) the interim and internal examinations procedures;
4. fails to announce or update the information on the fees charged for training and examinations;
5. allows the issuance of a certificate permitting a person who has not undergone the required training and/or passed the relevant internal examinations to sit for an examination;
6. allows deviations in the keeping of the documents related to the training.
(6) A fine amounting to BGN 500 shall be imposed on any instructor providing theory and/or practical training to applicants for motor vehicle driving licences who:
1. fails to observe the requirements of the training documentation concerning the training of driving licence applicants as referred to in Article 153, Item 1 upon completion of the training;
2. allows deviations in the keeping of the documents related to the training;
3. fails to enter the data into the documents related to the training in a timely manner;
4. deviates from the fixed daily workload of instructors;
5. when conducting the training, allows deviations from:
(a) the daily training load of trainees;
(b) the theory training schedule;
(c) the length of the lessons;
(d) the interim and internal examinations procedures;
6. as a member of an examination committee, breaches the theory and practical examination procedures.
(7) A fine or a penalty payment amounting to BGN 500 shall be imposed on anyone infringing the requirements pertaining to the training of applicants for motor vehicle driving licences and the requirements pertaining to the keeping of the related documentation, unless any other penalty is provided for.
Article 178c. (New, SG No. 54/2010) (1) A fine amounting to BGN 3000 shall be imposed on anyone who fails to observe the terms and conditions and the procedure for the performance of psychological tests as set forth in the ordinance referred to in Article 152, Paragraph 1, Item 2.
(2) In case the infringement referred to in Paragraph 1 is repeated, a fine amounting to BGN 5000 shall be imposed.
Article 178d. (New, SG No. 54/2010) (1) A fine amounting to BGN 2500 shall be imposed on anyone who launches in the market any vehicle in respect whereof a type approval certificate is required without such a certificate having been issued, or launches the vehicle in the market in breach of a directly applicable European Union act in the field of vehicle type approval.
(2) A penalty payment amounting to BGN 5000 shall be imposed on any legal entity or sole proprietor committing the infringement referred to in Paragraph 1.
(3) A fine amounting to BGN 2000 shall be imposed on anyone who launches in the market any components or separate technical units which are subject to type approval, in case they do not meet the requirements of the applicable provisions under Article 138, Paragraph 4 or of the UN/ECE rules, or of regulations of European institutions in the field of vehicle the type approval, and their conformity has not been duly certified.
(4) A penalty payment amounting to BGN 4000 shall be imposed on any legal entity or sole proprietor committing the infringement referred to in Paragraph 3.
(5) A fine amounting to BGN 3000 or a penalty payment amounting to BGN 6000 shall be imposed on anyone who arranges for, allows or issues a document containing false data concerning:
1. the conformity of the vehicles or systems, components and separate technical units with the technical requirements on type approval applicable to them, unless such deed constitutes a crime;
2. the conformity of the vehicles and the applicable technical requirements on individual approval or structural modification, unless such deed constitutes a crime.
(6) A fine amounting to BGN 3000 or a penalty payment amounting to BGN 6000 shall be imposed on anyone who, when testing or checking the conformity of new vehicles, systems, components and separate technical units with the applicable technical requirements on type approval, or for the purpose of individual approval of vehicles, uses equipment, apparatus or measurement devices which are faulty, or uses improperly or tampers with their readings, unless such deed constitutes a crime.
(7) For the infringements referred to in Article 13, Item 2(c) and (d) of Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ, L 171/1 of 29 June 2007), in Article 13, Items 2(c) and (d) of Regulation (EC) No 78/2009 of the European Parliament and of the Council of 14 January 2009 on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users, amending Directive 2007/46/EC and repealing Directives 2003/102/EC and 2005/66/EC (OJ, L 35/1 of 4 February 2009), in Article 15, Items 2(c), (d) and (e) of Regulation (EC) No 79/2009 of the European Parliament and of the Council of 14 January 2009 on type-approval of hydrogen-powered motor vehicles, and amending Directive 2007/46/EC (OJ, L 35/32 of 4 February 2009), in Article 11, Items 2(c), (d) and (e) of Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (OJ, L 188/1 of 18 July 2009) and in Article 11, Item 2(c) of Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (OJ, L 200/1 of 31 July 2009):
1. a fine amounting to BGN 2500 shall be imposed on natural persons;
2. a penalty payment amounting to BGN 5000 shall be imposed on legal entities or sole proprietors.
Article 179. (1) (Previous Article 179, SG No. 43/2002) A fine between BGN 50 and BGN 150 shall be imposed on:
1. a driver who has not marked in the established manner a vehicle stopped on the traffic roadway due to an emergency or who has not taken timely measures to move the vehicle away from the traffic roadway, if it causes an immediate traffic danger;
2. a person discarding, leaving, or spilling traffic-endangering objects or substances on the road;
3. an owner or an official allowing into road traffic a vehicle with its construction modified without the corresponding permission for it;
4. a person driving a vehicle which is not in good working order and which, due to the character of its fault, has been prohibited from road traffic, including to move to a place where to eliminate the fault;
5. (Supplemented, SG No. 43/2002) a person not obeying the traffic light signals, the instructions of the road signs, road markings, and the other signalling means, the rules for right of way, passing in opposite direction, overtaking, or driving round, if, doing so, poses an immediate traffic danger;
6. a person not making way for the safe passage of a vehicle signalling by a special sound and special light signal or of the vehicles escorted by it.
(2) (New, SG, No. 43 of 2002) A person who, because of driving at an unsafe speed, failing to maintain the safe distance, or violation under Paragraph 1, causes a traffic accident, shall be fined between BGN 100 and BGN 200 provided that the deed does not constitute a crime.
(3) (New, SG No. 6/2004, amended, SG No. 51/2007) A driver driving a vehicle on national roads without having paid the corresponding vignette fee under Article 10, Paragraph 2 of the Roads Act, or driving a vehicle with an adhered invalid vignette sticker or a vignette sticker with an expired term, shall be fined as follows:
1. when driving a vehicle designed to transport cargo with more than 2 (two) axles, a composition of vehicles, as well as the vehicles under Article 10a, Paragraph 6, Items 3, 4, and 5 of the Roads Act with more than 2 axles – BGN 1000;
2. when driving a vehicle designed to transport passengers with more than 8 (eight) seats, excluding the driver’s, or a vehicle designed to transport cargo with two axles, as well as the vehicles under Article 10a, Paragraph 6, Items 3, 4, and 5 of the Roads Act with 2 (two) axles, or drawing trailer for which no separate vignette fee has been paid – BGN 500;
3. when driving a vehicle designed to transport passengers with 8 seats, excluding the driver’s – BGN 200;
4. (Supplemented, SG No. 51/2007) when driving a vehicle designed to transport passengers with 8 seats or less, including the driver’s, vehicles designed for cargo transportation and/or vehicles designed for passenger and cargo transport action with technologically allowable maximum mass not exceeding 3.5 tons, as well as vehicles of this group with off-road capacity – BGN 100;
(4) (New, SG No. 51/2007) A driver driving a motor vehicle that has not been decommissioned and with no valid sticker placed as per Article 100, Paragraph 3 and does not carry a valid control card of the sign issued by the Guarantee Fund for the obligatory “Civil Liability” driver’s insurance as per Article 261, Paragraph 1 of the Insurance Code shall be penalized with a fine of 50 BGN.
Article 180. (1) (Amended, SG No. 43/2002) A fee between BGN 20 and BGN 150 shall be imposed on a driver who:
1. (Supplemented, SG No. 51/2007) violates the rules for use of the vehicle lights, for idling or parking, for use of the roadway, or is driving a vehicle which is not in good working condition, except in the cases under Article 179, Item 4, when the violation results in an immediate traffic danger;
2. (Amended, SG No. 43/2002) refuses transportation of an official from the control authorities under this Act on a motor vehicle for public transportation, excluding the taxicabs;
3. (New, SG No. 43/2002) violates the traffic rules on a traffic roadway designated for rail vehicle traffic, the rules for passing a railroad crossing, or parks at the stops of the vehicles from the regular passenger public transportation lines.
(2) The penalty under Paragraph 1 shall be also imposed on:
1. the transferor who, when alienating a registered vehicle, does not submit the transferee’s data within the set period to the authority which has issued the registration plate number of the alienated vehicle; the same penalty shall also apply to the transferee of a registered vehicle who, within the set period, does not notify the registration authority of his/her place of residence about the acquired ownership;
2. the owner of a vehicle with an alarm system which sets off for no valid reason or the signals of which are similar to those given by the special-mode vehicles.
Article 181. A fee of BGN 50 shall be imposed on:
1. an owner or an official who, without a valid reason, fails to bring a vehicle for technical inspection within the set period;
2. a driver using a device interfering with the instruments used to measure the driving speed of the motor vehicles;
3. (Supplemented, SG No. 43/2002) a driver who does not carry the documents set forth to be carried for the type of transportation being conducted, or if they do not meet the corresponding requirements;
4. a driver driving a motor vehicle for public transportation longer than the work hours set forth by the law, as well as a driver who drives a motor vehicle in sickness or other condition that endangers traffic;
5. a driver who does not stop the engine when the motor vehicle is idling or parked, except when the engine’s operation is necessary for performing loading, unloading, or other technological activity;
6. a driver driving a motor vehicle emitting harmful substances exceeding the established norms, or one with a faulty noise reduction device.
7. (New, SG No. 51/2007) a motor vehicle driver transporting passengers in excess of the specified number of seats.
Article 182. (Amended and supplemented, SG No. 43/2002, amended, SG No. 85/2004, SG No. 51/2007) (1) The following fines and penalties shall be imposed on a driver exceeding the allowed speed limit in a built-up area:
1. BGN 10 for exceeding the speed limit with 10 km/h;
2. BGN 30 for exceeding the speed limit with 11 to 20 km/h;
3. BGN 100 for exceeding the speed limit with 21 to 30 km/h;
4. BGN 150 for exceeding the speed limit with from 31 to 40 km/h and deprivation of the right to drive a motor vehicle for one month;
5. BGN 200 for exceeding the speed limit with more than 41 km/h and deprivation of the right to drive a motor vehicle for two months;
6. BGN 250 for exceeding the speed limit with more than 51 km/h and deprivation of the right to drive a motor vehicle for three months;
(2) The following fines and penalties shall be imposed on a driver exceeding the allowed speed limit outside of built-up area:
1. BGN 10 for exceeding the speed limit with 10 km/h;
2. BGN 30 for exceeding the speed limit with 11 to 20 km/h;
3. BGN 50 for exceeding the speed limit with 21 to 30 km/h;
4. BGN 100 for exceeding the speed limit with from 31 to 40 km/h and deprivation of the right to drive a motor vehicle for one month;
5. BGN 150 for exceeding the speed limit with from 41 to 50 km/h and deprivation of the right to drive a motor vehicle for two months;
6. BGN 200 for exceeding the speed limit with more than 51 km/h and deprivation of the right to drive a motor vehicle for three months;
(3) The following fines and penalties shall be imposed on a driver of a public transport motor vehicle for passengers and dangerous goods for exceeding the allowed speed limit:
1. BGN 10 for exceeding the speed limit with 10 km/h;
2. BGN 30 for exceeding the speed limit with 11 to 20 km/h;
3. BGN 100 for exceeding the speed limit with 21 to 30 km/h and deprivation of the right to drive a motor vehicle for one month;
4. BGN 200 for exceeding the speed limit with from 31 to 40 km/h and deprivation of the right to drive a motor vehicle for two months;
5. BGN 300 for exceeding the speed limit with from 41 to 50 km/h and deprivation of the right to drive a motor vehicle for three months;
6. BGN 400 for exceeding the speed limit with more than 51 km/h and deprivation of the right to drive a motor vehicle for three months;
(4) A driver with a repeated violation of the speed limit with over 31 km/h is penalized with a fine of 300 BGN and deprivation of the right to drive a motor vehicle for three months;
Article 183. (1) (Amended, SG No. 43/2002) A fine of BGN 10 shall be imposed on a driver who:
1. (Amended, SG No. 43/2002, supplemented, SG No. 103/2005, amended and supplemented, SG No. 51/2007) does not carry the documents set forth – driving licence, control card and the registration certificate of the motor vehicle driven;
2. (New, SG No. 51/2007) does not carry a document for a concluded obligatory “Civil Liability” driver’s insurance if the driver has fulfilled the obligation as per Article 100, Paragraph 3 and the sticker placed by him/her is valid as to the date when the violation was established.
3. (Renumbered from Item 2, SG No. 51/2007) improperly uses a sound signal in a built-up area;
4. (Repealed, SG No. 43/2002, renumbered from Item 3, SG No. 51/2007, repealed, SG No. 88/2008);
(2) (Amended, SG No. 43/2002) A fee of BGN 20 shall be imposed on a driver who:
1. is improperly idling or has improperly parked;
2. violates the rules for vehicle positioning on the traffic roadway;
3. does not stop at a “Stop! Let the ones having the right of way pass first!” road sign, improperly moves into traffic, improperly changes lanes, improperly overtakes or does not obey the right of way of another traffic participant;
4. (Repealed, SG No. 85/2004);
5. (Repealed, SG No. 85/2004);
6. drives a vehicle with unsecured cargo, which endangers other traffic participants;
7. (Repealed, SG No. 43/2002);
8. drives a vehicle with a cargo which is not marked under the procedure set forth, extending to the sides of the vehicle by more than 0,20 meters, and to the front or to the rear – by more than 1 meter;
9. (New, SG No. 43/2002, repealed, SG No. 85/2004);
10. (New, SG No. 51/2007) drives a motor vehicle on the BUS lane without the right to do so.
11. (New, SG No. 51/2007) Breaks the traffic rules when driving in reverse.
(3) (Amended, SG No. 43/2002) A fee of BGN 30 shall be imposed on a driver who:
1. (Repealed, SG No. 85/2004);
2. improperly parks on the sidewalk;
3. (Repealed, SG No. 85/2004);
4. (Repealed, SG No. 85/2004);
5. moves into traffic after a road sign prohibiting the corresponding vehicle from moving into, or drives in the prohibited direction on a one-way road;
6. (Supplemented, SG No. 43/2002) when overtaking improperly does not endanger traffic;
7. drives a vehicle with faults or damages, which can endanger traffic safety;
8. (New, SG No. 43/2002; repealed, SG No. 85/2004).
(4) (New, SG No. 85/2004, amended, SG No. 51/2007) A fine of BGN 50 shall be imposed on a driver who:
1. is improperly driving through a pedestrian crossing;
2. is improperly driving by a stop for vehicles for public transportation of passengers or by a stopping or a stopped bus;
3. is driving at a traffic light signal which is prohibiting driving;
4. is driving a non-motor vehicle which does not have the necessary light reflective elements;
5. is driving a vehicle with worn out or torn tires;
6. is using a mobile phone when driving if a device which allows the use of the phone without using hands is not available;
7. is not obeying the mandatory usage of a seat belt or helmet;
8. is improperly idling or parking in the area of a pedestrian crossing, a passenger public transportation stop, or an intersection;
9. is idling or parking, as a second line on an active traffic lane, next to motor vehicles stopped in the traffic direction.
10. (New, SG No. 51/2007) transports children in violation of the requirements of Chapter Two, Section XXV.
11. (New, SG No. 88/2008) is driving a vehicle with unreadable or obscured in whatever manner registration plates, including in violation of Article 100, Paragraph 4, Point 1.
Article 184. (1) A fine of up to BGN 30 shall be imposed on:
1. a driver of a vehicle which is not powered by a motor, as well as a leader of an organised group of pedestrians, draft animals, beasts of burden, saddle animals, or herds, who violates the road traffic rules;
2. a driver or a passenger who discards objects or substances from a vehicle, polluting the road;
3. (New, SG No. 43/2002) a person whose national driving licence issued in the Republic of Bulgaria has been revoked and did not return his/her international licence to the corresponding authority in the Ministry of Interior within 7 days from the day the revocation act became effective;
4. (New, SG No. 43/2002) a person whose international motor vehicle driving licence issued in the Republic of Bulgaria has been revoked while staying abroad and did not inform the corresponding authority of the Ministry of Interior within 7 days from the day of his/her entry into the country;
5. (New, SG No. 85/2004) an owner of a vehicle which is parked on the road 30 days after the date of revocation or return of the vehicle’s registration certificate to the Ministry of Interior;
6. (New, SG No. 51/2007) a pedestrian who transgresses through railings or chain fencing.
(2) (Amended, SG No. 43/2002) A fine of up to BGN 10 shall be imposed on a pedestrian who violates the traffic rules.
(3) (Amended, SG No. 43/2002, SG No. 85/2004, SG No. 51/2007) A fine of up to BGN 50 shall be imposed on a passenger who does not observe the obligation to use a seat belt or wear a helmet.
(4) (Amended, SG No. 43/2002) When violations under Paragraphs 1 and 2 has resulted in damages to the motor vehicle, to passengers, or to other persons, the offender shall be fined between BGN 10 and 50.
Article 185. For violating this Act and the statutory instruments issued pursuant to it, where no other penalty has been provided, the offenders shall be fined up to BGN 20.
Article 186. (1) (Amended, SG No. 43/2002, SG No. 85/2004, SG No. 105/2005, SG No. 51/2007, amended and supplemented, SG No. 69/2008) In minor cases of violations, established at the moment they were made, it shall be allowed to impose on the spot a ticket fine of up to BGN 50. The ticket for the fine shall include the following data: the identity of the official who has imposed the fine; the identity of the offender; the place and time of the violation; registration data of the vehicle the violation was committed with; the regulations violated, the amount of the fine , the term, the bank account or address for its voluntary payment. The ticket shall be signed by the official who has imposed the fine and by the offender when he/she agrees to pay the fine, and shall be send for execution to the relevant territorial directorate of the National Revenue Agency. The payment shall be made by postal order via the nearest post office or by bank transfer to the bank account, indicated in the ticket. The standard of the ticket form shall be approved by the Minister of Interior and the instructions in it shall be in Bulgarian and English..
(2) A person who challenges the violation he/she has committed, or the size of the fine imposed, or refuses to sign the ticket, shall have a statement issued.
(3) It shall be allowed for a ticket for improperly parked motor vehicle to be issued also in the absence of the offender. In this case, the first copy of the ticket shall be attached to the motor vehicle, whereby measures shall be taken so that it is not damaged by weather conditions. Attaching the ticket to the motor vehicle shall have equal force to its handing over. The second copy shall be mailed and the third copy shall be stored in the control authority office.
(4) (New, SG No. 51/2007) In minor cases of violations established with a technical device or systems photographing or recording the date, the exact time of the violation and the plate registration number of the motor vehicle for which a fine amounting up to and including BGN 50 is stipulated, a notice in a registered letter with proof of delivery shall be sent to the owner to whom the vehicle is registered and when it is owned by a body corporate – to the manager. The said notice shall demand from the afore mentioned to appear before the respective control office within a one-month period from receiving the notice, so that a ticket can be issued to them or so that they can name the person to whom the motor vehicle with which the violation was committed was consigned for driving. In case of non-appearance within the specified term or if the person to whom the motor vehicle was consigned for driving is not named in writing, a ticket shall be issued to the owner or to the manager of the body corporate – owner of the motor vehicle in his/her absence and it is considered to have been served as of the date when the ticket is issued.
(5) (New, SG No. 51/2007) A ticket shall be issued under the procedure of Paragraph 4 to the person named with a declaration that the motor vehicle was consigned to the said person for driving by the owner of the motor vehicle with which the violation was made, or by the manager of the body corporate when the motor vehicle is owned by a body corporate.
(6) (New, SG No. 51/2007, repealed, SG No. 69/2008).
(7) (New, SG No. 43/2002, amended and supplemented, SG No. 105/2005, renumbered from Paragraph 4, SG No. 51/2007, supplemented, SG No. 69/2008) An issued ticket, the fine for which has not been paid voluntarily within 7 days of the day it has been issued, shall be considered an effective penal order and shall be sent for execution to a public bailiff.
Article 187. An owner or an official who has ordered or has consciously allowed his/her subordinate to violate this Act shall be penalized as stipulated in the provision for the violation committed.
Article 188. The owner, or the one to whom the motor vehicle has been given, shall be responsible for the violation committed with the motor vehicle. The owner shall be penalized as stipulated in the provision for the violation committed, if he/she does not specify to whom the motor vehicle has been given.
Article 189. (1) Statements used to establish the violations under this Act shall be drawn up by the officials of the control authorities provisioned in this Act.
(2) The statements which have been duly issued under this Act shall have force of evidence until proven otherwise.
(3) It shall be allowed also for an official to act as a witness under the statement.
(4) (Supplemented, SG No. 51/2007) The penal orders shall be issued by the Minister of Interior, the Minister of Defence, the Minister of Transport, Information Technology and Communications and by mayors of municipalities or officials designated by them according to their competence.
(5) (Repealed, SG No. 43/2002, new, SG No. 51/2007). Penal orders with which fines up to and including BGN 50 are imposed, shall not be subject to appeal.
(6) For all cases not provisioned in this Act, pertaining to the statement drawing up, issuance thereof and appeal of penal orders and the execution of the enforced penalties, the provisions of the Administrative Violations and Sanctions Act shall apply.
(7) (New, SG No. 51/2007) The pictures, video recordings and print-outs made with technical facilities or systems, photographing or recording the date, the exact hour of the violation and the registration number of the motor vehicle shall be material evidence in the administrative penal process.
(8) (New, SG No. 51/2007) When the penal order is served, it is obligatory for the driver to present a valid motor vehicle driving licence.
Article 190. (1) (Amended, SG No. 82/2006) After a penal order, imposing penalty on a driver or an owner of a motor vehicle, has become effective, a copy of the order shall be given to the corresponding structural unit of the Ministry of Interior, where the records for the driver and the motor vehicle are kept. The driving licences revoked in this case shall be sent to the respective authority in the Ministry of Interior for storage and administration.
(2) The penalty “deprivation of the right to drive a motor vehicle” shall commence on the day of revocation of the driving licence.
(3) (New, SG No. 51/2007) The imposed penalty “fine” shall be paid within one month from the entry into force of the penal order or of the court decision or ruling in case of appeal.
SUPPLEMENTARY PROVISIONS
§ 1. (1) (Amended, SG No. 43/2002) A State-Public Consultative Committee on the Problems of Road Traffic Safety shall be created to the Council of Ministers to coordinate the actions between the state authorities and the public, related to the problems of the road traffic safety.
(2) (New, SG No. 43/2002) The committee under Paragraph 1:
1. shall assist the Council of Ministers in making decisions related to the road traffic safety;
2. shall issue opinions and draft laws and statutory instruments related to the road traffic safety;
3. shall analyse information and prepare an annual report on the state of road traffic safety, which shall be reviewed by the Council of Ministers;
4. prepare national programs to improve the state of road traffic safety, which shall be adopted by the Council of Ministers;
5. shall make a proposal for the necessary state and municipal outlays for ensuring the traffic safety;
6. shall coordinate and take measures to implement international programs on traffic safety;
7. shall take part in the Traffic Safety task force to the Inland Transport Committee with the UN Economic Commission for Europe.
(3) (Renumbered from Paragraph 2, supplemented, SG No. 43/2002) The composition, funding, functions, tasks, and the procedure to conduct the activity of the authority under Paragraph 1 shall be set forth by the Council of Ministers.
§ 1a. (1) (New, SG No. 43/2002, previous § 1a, SG No. 51/2007) The governors and the municipal mayors shall identify measures to improve the state of road traffic safety on their territories developing programs for this purpose together with the Committee under § 1, Item 1.
2 (New, SG No. 51/2007) Regional and municipal commissions on road traffic safety shall be set up with the regional governors and the mayors of municipalities.
3 (New, SG No. 51/2007) The regional and municipal commissions on road traffic safety shall coordinate and control the traffic safety problems, prepare annual reports on the status of traffic safety and take measures for the improvement of the latter.
§ 2. (1) (Amended, SG No. 61/2006) The vehicles taken off the record shall be considered waste under § 1, Item 1 from the Supplementary Provisions of the Waste Management Act.
(2) (Amended, SG No. 43/2002) The Council of Ministers shall set forth the terms and procedure to collect, transfer, store, and disassemble vehicles under Paragraph 1.
(3) The activity under Paragraph 2 shall be allowed to be performed by companies operating on owned or leased grounds on the basis of a permit issued by the Minister of Environment and Waters.
(4) Municipalities shall designate grounds to perform the activity under Paragraph 2, when it is performed by companies with municipal interest.
§ 3. On all projects related to road traffic organisation, when a request by the interested parties has been made, the corresponding authorities of the Ministry of Interior shall provide a written statement of opinion within a one-month period.
§ 4. The Minister of Education, Youth and Science through the corresponding curricula, shall ensure that road traffic rules are taught to the students in the system of secondary education.
§ 5. Persons being trained as motor vehicle drivers in training forms organised under the corresponding procedure shall not be liable under this Act for traffic accidents, as well as for the consequences thereof, which have taken place during practical sessions, if their actions have not been premeditated.
§ 6. Under this Act:
1. “Road” shall be any ground area or facility intended or normally used for vehicle or pedestrian traffic. Streets shall be equal to roads.
2. “Road lane” shall be a section of the length of the road, which can be marked or unmarked, providing traffic of non-two-wheel vehicles in one direction, one after another.
3. “Traffic roadway” shall be the total width of the road lanes. The road can have multiple roadways, visibly separated from each other.
4. “Roadway border” shall be the line, marked by road markings or not, separating the traffic roadway from the other structural elements of the roadway – kerbside, sidewalk, hard shoulder, and others. The line marking the “BUS”-lane shall also be a roadway border.
5. “Road kerbside” shall be a section of the length of the road, bordering the traffic roadway. The kerbside can be either reinforced or not reinforced.
6. “Sidewalk” shall be a built, enclosed or marked by road markings, section of the length of the road bordering the traffic roadway and designated for pedestrian traffic only.
7. “Roadway” shall be the total width of the kerbsides, sidewalks, the traffic roadway, and the islands on the traffic roadway.
8. “Intersection” shall be the place where two or more roads cross, separate or join at the same level.
9. (Amended, SG No. 43/2002, No. 79/2005) “Approval of the type (type approval) ” shall be a procedure to certify that a certain type of vehicle, system, component, or a separate technical unit meet the technical requirements set forth in the ordinances under Article 138, Paragraph 4.
10. (Supplemented, SG No. 54/2010) “Vehicle” shall be any conveyance which runs on the road on wheels and is used for transportation of people and/or cargo. Trams, tractors and self-propelled machines moving on roads shall also be equal to vehicles.
11. “Motor vehicle” shall be any vehicle powered by an engine, excluding the rail vehicles.
12. “Automobile” shall be any non-two-wheel non-rail motor vehicle which is used for transportation of passengers or cargo, or for drawing other vehicles. Trolley buses shall be equal to automobiles. Depending on their purpose, automobiles shall be:
a) cars – for transportation of passengers, where the number of seats, excluding the driver’s, does not exceed 8;
b) lorries – for transportation of cargo and/or drawing a trailer;
c) buses – for transportation of passengers with more than 8 seats, excluding the driver’s;
d) special – with a permanently attached devices, facilities or machines, which do not permit their use for other purposes;
13. (Amended, SG No. 43/2002) “Motorcycle” shall be any two-wheel vehicle, with or without a sidecar, with an engine capacity exceeding 50 cc. The three-wheel motor vehicles with an unloaded weight not exceeding 400 kg, as well as the two-wheel vehicles with an engine capacity not exceeding 50 cc and maximum speed by design exceeding 45 km/h shall be equal to motorcycles.
14. (Amended, SG No. 43/2002) “Moped” shall be any two- or three-wheel vehicle with an engine capacity not exceeding 50 cc, and with maximum speed by design not exceeding 45 km/h.
15. “Tractor” shall be any motor vehicle, intended for specific activities, as well as for drawing cargo trailers. Only wheeled tractors shall be allowed on the roads. The self-propelled platforms shall be equal to wheeled tractors.
16. (Amended and supplemented, SG No. 51/2007, amended, SG No. 54/2010) “Self-propelled machine” shall be any conveyance or a machine designed to perform specific activities which moves or is moved on roads only as an exception. Such shall be: electrocars, forklifts and self-propelled farming and forestry machines in the sense of § 1, Item 12 of the Supplementary Provisions of the Registration and Control of Agriculture and Forestry Machinery Act, the building machines and vehicles, the caterpillar dedicated and caterpillar armoured vehicles of the Bulgarian Army and the Ministry of Interior and other similar. The self-propelled machine shall be small-size, when its traction force is up to 200 kg, its maximum driving speed does not exceed 25 km/h, its track does not exceed 900 mm, and its mass when not loaded does not exceed 900 kg.
17. “Trailer” shall be any vehicle designed to be drawn by a motor vehicle. Semi-trailers shall be equal to trailers.
18. “Semi-trailer” shall be any vehicle which is attached to a motor vehicle in a such a way that a part of it lies on the motor vehicle and a significant part of its weight and the weight of its load are borne by the motor vehicle.
19. “Bicycle” shall be any vehicle with at least two wheels which is powered by the muscular force of the person riding it, excluding wheelchairs.
20. “Composition of vehicles” shall be mechanically linked vehicles, participating in road traffic as a whole.
21. “Motor vehicle category” shall be any group of motor vehicles having common purpose and structural specifics.
22. “Axle load” shall be the part of the loaded weight carried by each axle of the vehicle.
23. (Amended, SG No. 43/2002) “Oversized vehicle” shall be any vehicle (or composition of vehicles), which, loaded or unloaded, exceeds the allowable dimensions or weight set forth under the procedure of Article 139, Paragraph 1, Item 2.
24. “Slow moving vehicle” shall be any vehicle, which by design reasons cannot move at a speed higher than 30 km/h. Vehicles which, due to the nature of their load, are unable to drive at a speed exceeding 30 km/h, shall also be equal to slow moving vehicles.
25. “Driver” shall be any person driving a vehicle, leading an organised group of pedestrians, or leading draft animals, beasts of burden, saddle animals, or herds on the roads.
26. “Passenger” shall be any person who is inside a vehicle or on a vehicle, but does not take part in its driving.
27. “Involved in traffic accident” shall be any person who was injured in the accident or contributed to the accident by his/her conduct.
28. “Traffic participant” shall be any person who is on the road and who is affecting road traffic with his/her action or inaction. Such shall be drivers, passengers, pedestrians, and persons working on the road.
29. “Public transportation” shall be paid transportation by a vehicle.
30. “Traffic accident” shall be any event occurring during movement of a vehicle and causing injury or death to persons, damage to a vehicle, road, road facility, cargo, or other property damages.
31. “Right of way” shall be the right of one traffic participant to pass before another traffic participant through a certain area of the roadway.
32. “Minor” shall be any violation which, even if having a small deviation from the regulatory prescribed conduct of the traffic participant, if the circumstances on the road were different, could lead to a traffic accident.
33. “Repeated” shall be any violation done within one year, and in cases under Article 174, Paragraph 2 – within two years from the day the penal order imposing a penalty to the offender for the same kind of violation became effective. When the penalty is deprivation of the right to drive a motor vehicle, the period shall commence after its term has been served.
34. (New, SG No. 43/2002) “Technically maximum permissible mass” shall be the maximum weight of the vehicle, when loaded, specified by the manufacturer as the maximum admissible for its design and manufacturing.
35. (New, SG No. 43/2002) “Maximum permissible mass” shall be the allowed maximum weight of the vehicle, when loaded, set forth as admissible by the competent authorities.
36. (New, SG No. 43/2002) “Off-road capacity” shall be available when motor vehicles meet certain criteria for climbing a grade, driving axles, angles of approach and departure, clutch locking, clearance, et al.
37. (New, SG No. 43/2002) “Obstacle on the road” shall be any compromise of the integrity of the road surface, as well as objects, substances, or similar items, placed on the road and endangering traffic.
38. (New, SG No. 43/2002) “Light signal” is a light of certain colour emitted by a light field of certain shape and size.
39. (New, SG No. 43/2002) “Area of high concentration of traffic accidents” shall be a section of the road where more than a certain amount of traffic accidents have occurred within a certain period.
40. (New, SG No. 43/2002) “First pre-medical aid” shall be the application of appropriate life-saving activities and measures to prevent complications in traumas, related to traffic accidents, on the scene or near it, by motor vehicle drivers and other traffic participants before the arrival of a Medical Emergency Aid team.
41. (New, SG No. 43/2002) “Type of vehicle” shall refer to vehicles of the same category, by the same manufacturer, marked by the manufacturer in a unified manner (manufacturer’s mark, vehicle VIN, trade mark, et al. ), which do not differ with respect to their insignificant features.
42. (New, SG No. 43/2002) “Narcotic drug” shall be any substance, natural or synthetic, included in List I and List II of the Single Convention of Narcotic Drugs, 1961.
43. (New, SG No. 43/2002) “Introduction to market” shall be proceeding to the phase of distribution and/or usage, free of charge or paid, of a motor vehicle, trailer, system, component or a separate assembly, after the phase of manufacturing or first time import into the country.
44. (New, SG No. 43/2002) “Putting into operation” shall be the moment when the component or the separate assembly proceeds to the phase of first-time use by the end user.
45. (New, SG No. 61/2006) “Abandoned registered motor vehicle” shall be any out-of-service motor vehicle located on municipal or state property, abandoned by its owner, who fails to appear before the competent authorities within three months after being notified under the established procedure.
46. (New, SG No. 51/2007, amended, SG No. 54/2010) “Habitual residence in the Republic of Bulgaria” shall mean the place where a certain person has habitually resided for more than 185 days over the past 12 consecutive months due to personal or professional bonds, or, if the person has no professional bonds – due to personal bonds indicating a strong commitment of such person to the place where he/she lives.
The habitual residence of a person whose professional bonds are at a place other than where his/her personal bonds are, and who, as a result, resides at different places one after the other in two or more Member States, shall be deemed to be the place where his/her personal bonds are, provided that such person returns there regularly. The latter requirement shall not be mandatory in case the person resides in a certain Member State in order to perform a fixed-term task. University or other studies shall not be deemed to constitute a change in the habitual residence.
47. (New, SG No. 51/2007) “Safety belt” (seat belt, belt) shall be a set of ribbons with safety lock, regulating devices and fixing attachments that can be attached to the motor vehicles and are designed to lower the risk of injury to the user by limiting the mobility of his/her body in case of collision or sudden lowering of the speed of the vehicle. Such a set is normally defined as a “belt set”, a concept encompassing any device for transformation of energy or return of a belt as well.
48. (New, SG No. 51/2007) “A children’s safety system” is a set of components that can include a combination of bands or flexible components with a safety lock, regulating devices, fixing attachments and in some cases an additional chair and/or screen preventing blows that can be fixed to the vehicle. It provides for lowering the risk of injury to the passenger in case of collision or sudden stopping of the vehicle by limiting the mobility of the body of the passenger.
49. (New, SG No. 51/2007) A “built-up area” is a territory built up with buildings, where the beginning and the end are designated with road signs.
50. (New, SG No. 51/2007) A “railroad crossing” is a level crossing of a road with a railroad line.
51. (New, SG No. 51/2007) A “guarded railroad crossing” is the crossing provided with barriers. The lights of the crossings are signals and not marks of something guarded.
52. (New, SG No. 51/2007) A “motorway” is a road for automobiles that does not serve directly the adjoining territory; it is designed for high speed rates with special traffic rules, with separated driving lanes for traffic in both directions; it does not cross roads, railroads and tram lines and pedestrian crossings on the same level and is marked with signs for a motorway.
53. (New, SG No. 51/2007) A “jointed vehicle” is a combination of vehicles composed of a motor vehicle and a semi-trailer linked to it.
54. (New, SG No. 51/2007) A “passenger crossing” is part of the roadway that is or is not outlined with road marking and signalled with road signs, designed for the crossing of pedestrians. At intersections, the pedestrian crossings are the extensions of the sidewalks and the kerbsides on the roadway.
55. (New, SG No. 51/2007) “Decreased visibility” is present at dusk, during rain, when there is fog, dust, smoke or similar.
56. (New, SG No. 51/2007) “Limited visibility” exists when there are steep slopes, turns and other obstacles hindering visibility.
57. (New, SG No. 51/2007) A “tachograph” is a measuring instrument in the sense of the Measurement Act designed for installation in a motor vehicle to register or show in an automatic or semiautomatic mode data for the movement of the automobile and for the specified periods of driving, breaks, and rest for the drivers.
58. (New, SG No. 51/2007) “A speed bump” is a concave or a convex surface over the level of the road designed for lowering the speed of the vehicle.
59. (New, SG No. 51/2007) “Day lights” are lights designed to improve the perception and the visibility of the front part of a vehicle when it is moving.
60. (New, SG No. 51/2007) “Road commandant’s subdivisions” are special military subdivisions of the Bulgarian Army, responsible for the movement of army columns and single machines, regardless of their nationality.
61. (New, SG No. 51/2007) “Vehicle identification number” is an ordered combination of signs placed on the vehicle by the manufacturer with a view to its identification.
§ 6a. (New, SG No. 43/2002, amended, SG No. 51/2007) The issuance of permits and other documents under this Act shall be paid for with fees set forth in rate tables, adopted by the Council of Ministers on proposals by the Minister of Transport, Information Technology and Communications, the Minister of Interior, the Minister of Regional Development and Public Works, or the Minister of Health.
TRANSITIONAL AND FINAL PROVISIONS
§ 7. Drivers who have obtained a motor vehicle driving licence for the M category before 1 June 1 1996 shall be allowed to also drive motor vehicles of the A category with an engine capacity not exceeding 50 cc.
§ 7a. (New, SG, No. 22/2003) (1) Wheeled tractors, trailers drawn by them and self-propelled platforms acquired before 1999, if their documents for origin or ownership or technical data are not complete, and when the data are different than the one established for the equipment, shall be registered until 30 September 2004 after the owner submits a notary verified statement containing the acquiring circumstances and the reasons for the data discrepancy.
(2) If the number on the frame (chassis) is missing, a new one shall be set forth and placed.
§ 8. Violations made before 1 January 2000, shall not be taken into account when introducing the point system under Article 157.
§ 9. This Act shall repeal the Road Traffic Act (promulgated SG, No. 53 of 1973; amended and supplemented, No. 22 of 1976, No. 54 of 1978, No. 28 of 1982 No. 28 of 1983, No. 36 of 1986, Nos 55 and 73 of 1987, No. 26 of 1988, No 21 of 1990, No. 32 of 1991, Nos 21 and 34 of 1994, No. 45 of 1996, No. 87 of 1997, Nos 11 and 79 of 1998).
§ 10. The statutory instruments for application of the repealed Road Traffic Act shall remain effective to the extent they do not contradict this Act.
§ 11. (1) (Amended and supplemented, SG No. 43/2002, SG No. 51/2007, amended SG No. 74/2009, SG No. 93/2009) Enforcement of the Act shall be assigned to the Minister of Transport, Information Technology and Communications, the Minister of Interior, the Minister of Regional Development and Public Works, the Minister of Education, Youth and Science, the Minister of Health, the Minister of Agriculture and Food, the Minister of Economy, Energy and Tourism, the Minister of Justice, the Minister of Finance, The Minister of Environment and Water, the regional governors and the mayors of municipalities..
(2) (Amended, SG No. 43/2002) For the application of this Act and the ratified international agreements in the field of road traffic, the ministers under Paragraph 1 shall issue ordinances and instructions.
(3) (New, SG No. 51/2007) The authorities as per Paragraph 1, within their competence, shall annually develop and implement measures to enforce the Act and to limit the number of traffic accident victims.
§ 11a. (New, SG No. 43/2002 effective 27.05.2002, repealed, SG No. 115/2004, new, SG No. 88/2008, effective 1.01.2009) The funds in the amount of 50 percent of the fines collected under this Act, except for the fines under Article 167, Paragraph 4, shall be spent by the Ministry of Interior on the construction and exploitation of road traffic monitoring, control and management systems.
§ 12. (New, SG, No. 76/2002) The regime under Article 91, as well as the powers under Article 165, Paragraph 2, Item 1 of this Act, shall be also used by specialized control authorities of the Customs Agency when exercising their rights set forth in the Customs Act and by observing the requirements under Article 170 of this Act.
§ 12a. (New, SG, No. 16/2003) The regime under Article 91, as well as the powers under Article 165, Paragraph 2, Item 1 shall be also used by the forest officials when exercising their powers set forth in the Forestry Act, the Hunting and Game Protection Act, and the Fisheries and Aquaculture Act, and by observing the requirements of Article 170.
§ 13. (Renumbered from § 12, SG, No. 76/ 2002) The Act shall become effective as of 1 September 1999, except for the provisions of Article 143, Paragraph 6 and Article 157, which shall be applied starting 1 January 2000.
TRANSITIONAL AND FINAL PROVISIONS
LEV RE-DENOMINATION ACT
Promulgated, SG No. 20/1999, supplemented, SG No. 65/1999 (effective 5.07.1999)
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§ 4. (1) (Supplemented, SG No. 65/1999) Upon the entry of this Act into force, all figures expressed in old lev terms as indicated in the laws which will have entered into force prior to 5 July 1999 shall be replaced by figures expressed in new lev terms reduced by a factor of 1,000. The replacement of all figures expressed in old lev terms, reduced by a factor of 1,000, shall furthermore apply to all laws passed prior to 5 July 1999 which have entered or will enter into force after the 5th day of July 1999.
(2) The authorities which have adopted or issued any acts of subordinate legislation which will have entered into force prior to 5 July 1999 and which contain figures expressed in lev terms, shall amend the said acts to bring them in conformity with this Act so that the amendments apply as from the date of entry of this Act into force.
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§ 7. This Act shall enter into force on 5 July 1999.
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Act Amending and Supplementing the Road Traffic Act
Promulgated, SG No. 43/2002 (effective 26.04.2002)
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Supplementary Provision
§ 77. Throughout the Act, the words:
1. “Minister of Transport” and “Ministry of Transport” shall be changed to “Minister of Transport and Communications” and “Ministry of Transport and Communications”, respectively.
2. “road’s manager” and “road’s managers” shall be changed with “owner or the administration managing the road” and “owners or the administration managing the road,” respectively.
Final Provisions
§ 78. (1) (Amended SG No. 74/2009) Within one month of the day this Act becomes effective, the Minister of Education, Youth and Science shall submit to the Minister of Transport, Information Technology and Communications the register of the issued and revoked training permits for motor vehicle driving licence and the received applications for issuance of permits to conduct training of motor vehicle drivers.
(2) The term under Article 152, Paragraph 1, Item 3 for issuance of permit to train motor vehicle drivers shall be extended by 30 days for the applications submitted before this Act became effective.
§ 79. Introduction of a registration certificate for the motor vehicles under Article 141, Paragraph 1 shall be done when making the initial registration, change of registration, and in compliance with the European Union’s requirements.
§ 80. Within six months from the day this Act becomes effective, the Council of Ministers shall adopt rules for the Act’s application.
§ 81. Ordinances provisioned in this Act shall be issued within six months of the day it becomes effective.
§ 82. The Act shall become effective from the day of its promulgation in the State Gazette, except for § 17 and § 76, Item 2, which shall become effective one month after its promulgation.
TRANSITIONAL AND FINAL PROVISIONS to the Act Amending and Supplementing the Tax Procedure Code
Promulgated, SG No. 45/2002 (effective April 30.04.2002)
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§ 93. (1) The fines imposed under Article 186 of the Road Traffic Act shall be collected under the procedure of the Tax Procedure Code.
(2) Unpaid fines on tickets issued prior to this Act becoming effective under the procedure of Article 186 of the Road Traffic Act, shall be paid within 6 months of the day this Act becomes effective at the tax unit of the place of residence, without the need to send an invitation for voluntary execution. After the expiration of the 6-month period, the ticket issued shall be considered an effective penal order and the fine imposed shall be collected under the procedure of the Tax Procedure Code.
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TRANSITIONAL AND FINAL PROVISIONS to the Code of Administrative Procedure
(SG No. 30/2006, effective 12.07.2006)
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§ 40. In the Road Traffic Act (promulgated, SG No. 20/1999; amended, No. 1/2000, Nos. 43, 45 and 76/2002, Nos. 16 and 22/2003, Nos. 6, 70, 85 and 115/2004, Nos. 79, 92, 99, 102, 103 and 105/2005), the words “the Administrative Procedure Act” shall be replaced passim by “the Code of Administrative Procedure”.
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(*) Act to Amend to the Commercial Register Act
(SG No. 80/2006, effective 3.10.2006)
§ 1. In § 56 of the Transitional and Final Provisions the words “1 October 1 2006″ shall be replaced with “1 July 2007″.
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SUPPLEMENTARY PROVISION to the Act Amending and Supplementing the Road Traffic Act
(SG No. 51/2007)
§ 63. Throughout the Act the words “the Ministry of Transport and Communications” and the “Minister of Transport and Communications” shall be changed to the Ministry of Transport” and the “Minister of Transport”
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Act Amending and Supplementing the Road Traffic Act
(SG No. 88/2008)
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TRANSITIONAL AND FINAL PROVISIONS
§ 7. In the events, envisaged by the Act, electronic processing and filing of applications and declarations in electronic way shall be applicable only after the technical and organizational preconditions and program tools are set in place.
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TRANSITIONAL AND FINAL PROVISIONS to the Act on the National Emergency Call System Employing the Single European Number “112″
(SG, No. 102/2008)
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§ 7. Throughout the Road Traffic Act (promulgated, State Gazette, No. 20/1999; amended, No. 1/2000, Nos 43 and 76/2002, Nos 16 and 22/2003, Nos 6, 70, 85 and 115/2004, Nos 79, 92, 99, 102, 103 and 105/2005, Nos 30, 34, 61, 64, 80, 82, 85 and 102/2006, Nos 22, 51, 53, 97 and 109/2007, Nos 36, 43, 69 and 88/2008), the phrase “Ministry of State Policy on Disasters and Accidents” shall be replaced by “Ministry of Emergency Situations”.
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TRANSITIONAL AND FINAL PROVISIONS to the Act amending and supplementing the Vocational Education and Training Act
(SG No. 74/2009, effective 15.09.2009)
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§ 21. In the Road Traffic Act (Promulgated, SG, No. 20/1999, amended, No. 1/2000, No. 43 and 76/2002, No. 16 and 22/2003, No. 6, 70, 85 and 115/2004, No. 79, 92 and 99/2005, No. 102, 103 and 105/2005, No. 30, 34, 61, 64, 80, 82, 85 and 102/2006, No. 22, 51, 53, 97 and 109/2007, No. 36, 43, 69, 88 and 102/2008) the words “the Minister of Education and Science” and “Minister of Education and Science”, shall be replaced by “the Minister of Education, Youth and Science” and “Minister of Education, Youth and Science”.
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TRANSITIONAL AND FINAL PROVISIONS
Act to Amend and Supplement The Ministry of Interior Act
(SG No. 93/2009, effective 25.12.2009)
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§ 77. In the Road Traffic Act (promulgated, SG No. 20/1999; amended, No. 1/2000, Nos. 43 and 76/2002, Nos. 16 and 22/2003, Nos. 6, 70, 85 and 115/2004, Nos. 79, 92, 99, 102, 103 and 105/2005, Nos. 30, 34, 61, 64, 80, 82, 85 and 102/2006, Nos. 22, 51, 53, 97 and 109/2007, Nos. 36, 43, 69, 88 and 102/2008 and Nos. 74, 75 and 82/2009), the following amendments shall be made:
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7. In the rest of the text of the Act the words “the Minister of Transport”, “Minister of Transport” and “the Ministry of Transport” shall be replaced respectively “the Minister of Transport, Information Technology and Communications”, “Minister of Transport, Information Technology and Communications” and “the Ministry of Transport, Information Technology and Communications”
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Act Amending and Supplementing the Road Traffic Act
(SG No. 54/2010)
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SUPPLEMENTARY PROVISIONS
§ 34. Elsewhere in this Act the units of measurement spelled “км/?3″, “t”, “km/h” and “mm” respectively.
§ 35. This Act shall implement the requirements of:
1. Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (OJ, L 263/1 of 9 October 2007);
2. Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC;
3. Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences.
TRANSITIONAL AND FINAL PROVISIONS
§ 36. The provision of § 14 concerning Article 147, Paragraph 8 shall take effect as of 1 January 2011.
§ 37. The provisions of § 15 concerning Article 148, Paragraph 4, Item 2 and Paragraphs 9 – 14 shall take effect three months after the promulgation hereof in the State Gazette.
§ 38. The provisions of § 19 concerning Article 150a and § 20 concerning Article 151 shall take effect as of 19 January 2013, except for the provisions of Article 151, Paragraphs 5, 6, 7 and 9.
§ 39. (1) Where a driving licence is replaced, duplicated or issued anew to include a new category, the M category shall be replaced by the AM category.
(2) All motor vehicle driving rights acquired prior to 19 January 2013 shall be reserved, except in the case of those holding driving licences for motor vehicles of the Ttb category, who, after § 19 takes effect, shall be required to undergo training to obtain a licence to drive motor vehicles of the D category, in accordance with a procedure set forth in the ordinance referred to in Article 152, Paragraph 1, Item 3.
§ 40. The provisions of Article 166a, Paragraph 1, Item 5 concerning the parts and equipment which may pose a significant risk to the correct functioning of basic systems related to the safety of vehicles while driven on roads or to their environmental characteristics shall apply after the European Commission sets out the requirements thereto.