Name of law Law amending and supplementing the law on road traffic Bill name a bill amending and supplementing the law on road traffic adopted 01/07/2010 number/year Official Gazette 54/2010 Decree No 184
Pursuant to article 98, paragraph 4 of the Constitution of the Republic of Bulgaria
I DECLARE:
To be published in the Official Gazette the law amending and supplementing the law on road traffic adopted by HLI National Assembly of 1 July 2010.
Issued in Sofia on July 7, 2010.
The President of the Republic: Georgi Parvanov
Stamped with the State seal.
Minister of Justice: Margarita Popova
LAW
amending and supplementing the law on road traffic (official SG. 20 of 1999; amend., no. 1 of 2000 and 43/76 of 2002, no. 16 and 22 of 2003, issue 6, 70, 85 and 115 of 2004, no. 79, 92, 99, 102, 103 and 105 by 2005, issue 30, 34, 61 , 64, 80, 82, 85 and 102 in 2006, PCs. 22, 51, 53, 97 and 109 from 2007, PCs. 36, 43, 69, 88 and 102 by 2008 and PC. 74, 75, 82 and 93 from 2009.)
§ 1. In art. 5 make the following amendments and additions:
1. In paragraph 8. 2 item 3 shall be repealed.
2. a para. 3: "(3) the driver of a vehicle is prohibited:
1. to drive a vehicle under the influence of alcohol, drugs or other intoxicating substances;
2. to drive a road vehicle immobilised. "
§ 2. In art. 15 Al is created. 7: "(7) allowed and parking of motor vehicles in the parks, gardens and playgrounds in populated areas outside the designated areas."
§ 3. (A) article 24 is amended as follows:
"Art. 24. (1) to limit the speed of movement using artificial bumps or other devices shall be constructed or installed on roads.
(2) the Minister of regional development and public works and the Minister of the Interior shall determine, by regulation, the conditions for the construction or installation on the canvas for the movement of artificial roughness and other means of limiting the speed of movement and demands on them.
(3) it is not permitted the construction or installation of artificial roughness on traffic on roads outside settlements Republican. "
§ 4. In art. 35, para. 3 the words "the right of the roadway in the direction of the movement" are replaced by "the right of the traffic".
§ 5. In art. 62 item 5 is repealed.
§ 6. In art. 86 after the word "lights" is added "and emergency alert".
§ 7. Art is created. 99:
"Art. 99. (1) the parking card at the places specified for vehicles serving people with disabilities and the use of facilities for parking, be issued by the Mayor of the municipality.
(2) a parking Card in al. 1 must meet the requirements of the standardised Community model of the annex to recommendation 98/376/EC of 4 June 1998 on a parking card for people with disabilities.
(3) a parking Map of the places specified for vehicles serving people with disabilities and the use of the facilities for parking permit issued by another Member State of the European Union, is valid in the territory of the Republic of Bulgaria, if it is issued in accordance with the requirements of the recommendation in para. 2.“
§ 8. In art. 101, para. 1 creating the second sentence: "in this case, if suspended vehicle is within the range of the carriageway when the driver is outside the vehicle must be wearing a reflective jacket."
§ 9. In art. 119, para. 4, after the words "of the" zavivaŝite "is added" not rail-borne.
§ 10. Article 138 shall be amended as follows:
"Art. 138. (1) on the road, open to the public shall be admitted vehicles which satisfy the requirements of this Act and on the basis of the regulations on it.
(2) the Executive Director of the Executive Agency "automobile administration" means the competent authority for approval of new vehicles, systems, components and separate technical units.
(3) the type-approval of new wheeled and tracked tractors, their trailers and of the replacement equipment is carried out in trailed the procedure of the law for the registration and control of agricultural and forestry machinery.
(4) the Minister of transport, information technology and communications issued regulations on the conditions and procedures for the approval of new vehicles, systems, components and separate technical units, as well as for individual approval of new vehicles.
(5) the conformity of vehicles with the requirements applicable to them shall be established by carrying out procedures for:
1. EC type-approval for new vehicles;
2. approval of new vehicles produced in small series;
3. individual approval of vehicles;
4. change in the design of vehicles registered.
(6) the Minister of economy, energy and tourism in agreement with the Minister of transport, information technology and communications as determined by Ordinance procedures for the creation and application of identification number (VIN code) of vehicles produced in the Republic of Bulgaria.
(7) the placing on the market of new vehicles, which require a certificate of EC type-approval shall be made on the basis of a valid EC certificate of conformity to the approved type.
(8) the placing on the market of new components or separate technical units for vehicles to which type-approval is requested, shall be carried out with markings in accordance with the requirements of the applicable regulations under para. 4 or more applicable rule of the UN/ECE. "
§ 11. Create art. 138a-138 (d):
"Art. 138a. (1) upon approval of new vehicles and of systems, components and separate technical units for new vehicles shall apply the procedures and technical requirements laid down in the Ordinances under art. 138, para. 4.
(2) upon submission of an application to carry out the procedures for the type-approval, the manufacturer shall submit to the Executive Director of the Executive Agency "automobile administration declaration that has not made a request to the authority for approval and not started procedure for the approval of the same type in another Member State of the European Union or in another State of the European economic area. The Declaration shall be made in procedures for:
1. the type-approval of a new vehicle – a basic, nekomplektuvano, komplektuvano and komplektuvano completely;
2. type-approval of a new vehicle in terms of system/certain technical characteristics of the system, component or separate technical unit;
3. national type-approval of vehicles produced in small series;
4. individual approval of vehicles;
5. approval of parts or equipment for vehicles.
(3) in the case of special purpose vehicles, the manufacturer shall complete a declaration of origin of basic/nekomplektuvano vehicle.
(4) the Executive Agency "automobile administration" shall establish and maintain a national information system for approvals issued by it on the type of vehicles, systems, components and separate technical units and the information received in respect of the type-approval certificates, provided by a competent authority of another Member State of the European Union.
Art. 138 (b). the Executive Director of the Executive Agency "automobile administration" fix and notify technical services which carry out or supervise the carrying out of examinations required for the approval and verification of conformity with the technical requirements and the requirements for conformity of production vehicles, systems, components or separate technical units produced conform to the approved type.
Art. 138. (1) in the technical services are legal persons or sole proprietors, which:
1. have the necessary capacity, technical knowledge and proven experience in the specific areas identified by the Ordinances under art. 138, para. (4);
2. comply with the requirements of the standards applicable to their activities, laid down in the Ordinances under art. 138, para. 4.
(2) compliance with the requirements under paragraph 1. 1 shall be certified by an assessment report and a certificate of accreditation by the standards referred to in paragraph 1. 1, item 2.
(3) the assessment report under para. 2:
1. An Executive Agency shall be drawn up by the "Bulgarian accreditation service" as a result of the assessment procedure carried out technical service in compliance with the requirements laid down in the Ordinances under art. 138, para. (4);
2. is issued for activities for which the technical service asking to carry out, and the scope in which to include the test methods and/or checks, in accordance with the Ordinances under art. 138, para. 4 to bring 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 (OB, 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) the technical service that has been determined and notified by another Member State of the European Union, shall be notified to the technical service and the Republic of Bulgaria. Executive Agency "automobile administration" recognises the evaluation report issued by the national authority of another Member State of the European Union allocated to the jurisdiction under art. 42 of Directive 2007/46/EC, where the technical service will carry out tests and checks in the territory of the State which issued the assessment report.
(5) the certificate of accreditation under para. 2 shall be issued by the Executive Agency "Bulgarian accreditation service" or by the national accreditation body of the Member State of the European Union.
Art. 138. (1) for the issue of the establishment of technical service person under art. 138 in, al. 1 or his authorized representative shall submit an application to the Executive Director of the Executive Agency "automobile administration" with attached documents referred to in the Ordinances under art. 138, para. 4.
(2) the Executive Agency "Bulgarian accreditation service" conducted assessment procedure of the technical competence of the applicant and of its conformity with the applicable requirements after receipt of the application and documents relating to the work time of Executive Agency "automobile administration." The assessment procedure shall be carried out within six months after establishment of the completeness and accuracy of the documents annexed to the application under para. 1 results for Executive Agency "Bulgarian accreditation service" issue report. The assessment report shall be provided to the Executive Agency "automobile administration."
(3) in the case of a positive assessment in the report referred to in para. 2 or under art. 138 in, al. 4 and on the scope proposed in it, the Executive Director of the Executive Agency "automobile Administration issued a certificate for the establishment of technical service with a valid Ness-the period of validity of the certificate of accreditation, but not more than three years. The contents of the certificate is determined by the Ordinances under art. 138, para. 4.
(4) technical services shall be subject to periodic monitoring by the authority the assessment report drawn up and issued the certificate referred to in art. 138 in, al. 5, under conditions and in accordance with procedures laid down in the Ordinances under art. 138, para. 4. Technical services which have submitted an evaluation report issued by the national authority of another Member State of the European Union, provide the Executive Agency "automobile administration information about all changes in the notification and reports from audits carried out within a week of their release. Executive Agency "automobile administration" may request technical service to provide a report on the current accreditations of the Office.
(5) for the evaluation, supervision and re-evaluation of the technical services Executive Agency "Bulgarian accreditation service" collects fees in an amount to be determined by a tariff approved by the Council of Ministers. "
§ 12. In art. 140, para. 2 the word "Line" is replaced by "rules" and the words "factory new vehicles" are replaced by "new vehicles".
§ 13. In art. 146, para. the words "shall be done" are replaced by "and individually the approval of road vehicles registered outside the Member States of the European Union or other State – party to the agreement on the European economic area shall be carried out."
§ 14. In art. 147 following amendments and supplements shall be made:
1. Paragraphs 3-5 are hereby amended:
(3) vehicles shall be subject to review for verification of their technical condition as follows:
1. passenger cars – the third and fifth year of their original registration as new, then each year;
2. buses and taxis – every 6 months;
3. onboard and tram locos – every 6 months;
4. cargo, special vehicles, trailers and semi-trailers with a maximum authorised mass of over 750 kg, from whose initial registration have passed no more than 10 years – every year, then every 6 months;
5. motorcycles and trailers with a maximum authorised mass not exceeding 750 kg – every two years.
(4) road vehicles carrying dangerous goods shall be subject to the review to establish their suitability to certain dangerous goods transported each year.
(5) the review for roadworthiness test covers completeness and reliability of the equipment, components, assemblies, systems, mechanisms, components and characteristics of road vehicles, which have a link with road safety, environmental protection and the health of their šumozaglušitelnite devices as defined in the Ordinance referred to in para. 1. "
2. Al are created. 7 and 8:
(7) the roadworthiness tests of vehicles shall be carried out by the Commission, which consists of a Chairman and at least one technical specialist.
(8) the results of the checks carried out periodic roadworthiness tests of vehicles shall be recorded in the information system of an Executive Agency "automobile administration." Electronic information system for registering reports carried out by the control-technical posts roadworthiness tests of vehicles in real time. The requirements for the information system shall be determined by the Ordinance under para. 1. "
§ 15. In art. 148 following amendments and supplements shall be made:
1. In paragraph 8. 3 item 4 is created:
4. documents certifying compliance with the requirements to the person making the examinations to test the technical point, the President of the Commission, reviews, testing and technical professionals, as defined by the Ordinance under art. 147, para. 1. "
2. in the Al. 4:
a) in paragraph 2 before the words "technical experts" is added "the President of the Commission, carrying out examinations and" and after the words "art. 147, para. 1 "insert" and are included in the register under para. 9 ";
b) item 3 shall be:
"3. the persons referred to in para. 2 comply with the requirements of the Ordinance under art. 147, para. 1. "
3. in the Al. 5 creates the second sentence: "an integral part of the solution is a list of President of the Commission carrying out the examinations, and technical specialists."
4. Paragraph 6 is replaced by the following:
"(6) the Minister of transport, information technology and communications or an official authorised by him refusing authorisation where:
1. the applicant does not meet the requirements laid down by the Ordinance under art. 147, para. 1;
2. buildings in which is located the control-point or technical, facilities, equipment, instruments and measuring instruments, which will carry out periodic roadworthiness tests of vehicles do not meet the requirements laid down by the Ordinance under art. 147, para. 1;
3. the President of the Commission carrying out the examinations, or technical professionals do not comply with the requirements laid down by the Ordinance under art. 147, para. 1;
4. no documents were submitted under paragraph 1. 3;
5. the applicant is granted permission was withdrawn for breaches of the requirements for carrying out periodic roadworthiness tests of vehicles. "
5. Paragraphs 9 and 10 shall be read with the following adaptations:
"(9)" automobile Administration Executive Agency "keeps a register of permits issued under para. 2, of the Chairmen of the committees, carrying out reviews, and technical specialists.
(10) the Chairman of the Commission carrying out the examinations, and the technical experts shall be entered in the register referred to in paragraph 1. 9 when it conforms to the requirements laid down by the Ordinance under art. 147, para. 1, and are deleted from the register:
1. at the request of the person authorised under paragraph 1. (2);
2. at the request of a person entered in the register;
3. in the event of repeated violations of the rules for carrying out periodic roadworthiness tests of vehicles;
4. when order to be issued or issued documents for periodical roadworthiness test of vehicle without it to be submitted to the review;
5. in the event of a breach of the requirement of technical specialist to inform the Executive Agency "automobile administration" within the time limit set by the Ordinance under art. 147, para. 1 that his individual stamp is lost, stolen or destroyed;
6. when the President of the Commission carrying out the examinations, provided your password for access to the information system referred to in art. 147, para. 8 to another person and use it;
7. when the technical specialist provide printing for your individual certification of the documents certifying that the vehicle is roadworthy, the other person and it uses it;
8. when the President of the Commission carrying out the examinations, or technical specialist cease to comply with the requirements laid down by the Ordinance under art. 147, para. 1. "
6. Al are created. 11-14:
"(11) the deletion from the register of the Chairmen of the committees, carrying out examinations and technical specialists is carried out by order of the Minister of transport, information technology and communications or an official authorised by him.
(12) the order under paragraph 1. 11 subject to challenge pursuant to the administrative code. Contestation does not stop the execution of the order.
(13) the President of the Commission, carrying out the examinations, or technical specialist, removed from the register under para. 9 on any of the grounds provided for in paragraph 1. 10, item 4 – 8 may not be entered again in the register for two years from the date of cancellation.
(14) the rights stemming from the authorisation, shall be terminated:
1. where it is established that the permit was issued on the basis of falsified documents or false document;
2. with the termination of the activities of the person referred to in para. (2);
3. with the expiry of the period for which it was issued;
4. at the request of its holder;
5. with the withdrawal of authorisation pursuant to art. 148 b. "
§ 16. In art. 148 (b) is hereby amended as follows:
1. Paragraph 1 shall be amended as follows:
(1) the authorisation and the list shall be withdrawn where:
1. control-technical point or person under art. 148, para. 2 cease to satisfy the requirements of this Act or of the Ordinance under art. 147, para. 1;
2. Periodic roadworthiness tests of vehicles shall be carried out by the technical specialist, who is not entered in the register under art. 148, para. 9;
3. the technical office is equipped with the means of measurement which are not approved by the order of the law for measurements or have not passed compulsory check under the same law;
4. There is no deadline for notification of an Executive Agency "automobile administration" determined by the Ordinance under art. 147, para. 1 for lost, stolen or destroyed documents, which certifies that the vehicle is roadworthy;
5. in the control-technical point, in which the person under art. 148, para. 2 operates, is issued a document certifying that the vehicle is roadworthy, without review is delivered for verification of its technical condition or without a review;
6. in the event of a breach of the terms and conditions for carrying out periodic examinations for checking of vehicles, as defined by this Act or by the Ordinance under art. 147, para. 1, outside the cases referred to in item 5. "
2. in the Al. 2, after the words "official", and the text is placed to the end point is deleted.
3. Paragraphs 3 and 4 are hereby amended:
"(3) the order under paragraph 1. 2 provides:
1. withdrawal of the person referred to in art. 148, para. 2 documents certifying carrying out periodic review;
2. the withdrawal of the individual stamps for legalization of documents certifying carrying out periodic review of the technical experts, included in the list to the authorisation of the person referred to in art. 148, para. (2);
3. termination of access to the President of the Commission, carrying out examinations, within the information system referred to in art. 147, para. 8.
(4) the withdrawal is subject to a challenge under the administrative code. Contestation does not stop the execution of the warrant. "
§ 17. In art. 149 the following modifications are made:
1. In paragraph 8. 1 item 4 shall be repealed.
2. paragraph 4 is hereby repealed.
§ 18. In art. 150 after the word "driver" a comma and add "except when the vehicle is a school and is managed by the candidate for driving a motor vehicle during his training by the order of the Ordinance under art. 152, para. 1, item 3, and in the conduct of the examination for the acquisition of legal personality by the order of the Ordinance under art. 152, para. 1, item 4.
§ 19. In art. 150 and the following modifications are made:
1. Paragraph 2 shall be replaced by the following:
"(2) for determining the legal capacity of motor vehicles drivers are divided into the following categories other than those referred to in art. 149 identified with Latin letters:
1. category am – mopeds – two-or three-wheel vehicles with a maximum design speed not exceeding 45 km/h, as defined in art. 149, para. 1, item 1, "b" and "d" (category L1e and category L2e), with the exception of those with a maximum design speed not exceeding 25 km/h, and light quadricycles, as defined in art. 149, para. 1, item 1, letter "l" (category L6e);
2. category A1:
a) motorcycles with an engine capacity not exceeding 125 cm3, with maximum power not exceeding 11 kW and with a power/weight not exceeding 0.1 kW/kg;
(b)) or three-wheel motor vehicles with a power not exceeding 15 kW;
3. category A2-motorcycles with a power not exceeding 35 kW, and power/weight ratio not exceeding 0.2 kW/kg, twice the real power is not greater than the net power of the engine;
4. category a-motorcycles and three-wheel motor vehicles with power exceeding 15 kW:
a) motorcycles – two-wheel vehicles without a sidecar (category L3e) or with a sidecar (category L4e), with engine displacement of more than 50 cm3 if of the internal combustion type and/or a maximum design speed of more than 45 km/h, as defined in art. 149, para. 1, paragraph 1, letters "e" and "h";
b) motor tricycles-vehicles with three symmetrically arranged wheels (category L5e), with an engine having a cylinder capacity of more than 50 cm3 if of the internal combustion type and/or a maximum design speed of more than 45 km/h, as defined in art. 149, para. 1, item 1, letter "k";
5. category B1 – quadricycles (L6e category without these) having an unladen mass of not more than 400 kg (category L7e) (550 kg for vehicles intended for the carriage of goods by road), where the table does not include the mass of the batteries of electric vehicles and that have a maximum net engine power of no more than 15 kW, as defined in art. 149, para. 1, item 1, letter "m"; These vehicles must meet the technical requirements applicable to motor tricycles of category L5e unless in the Act are provided for individual technical requirements for them;
6. category b – motor vehicles with a permissible maximum mass not exceeding 3500 kg, designed and constructed for the carriage of no more than 8 passengers plus driver; motor vehicles in this category may form with a trailer with a maximum authorised mass not exceeding 750 kg; without prejudice to the provisions of type-approval rules for the vehicles concerned, motor vehicles in this category may form with a trailer with a maximum authorised mass exceeding 750 kg, provided that the maximum authorised mass of composition not exceeding 4250 kg;
7. category V – without prejudice to the provisions of type-approval rules for the vehicles concerned, combination of vehicles with a towing vehicle in category b and a trailer or semi-trailer where the maximum authorised mass of the trailer or semi-trailer does not exceed 3500 kg;
8. category C1 – motor vehicles, other than those in categories D1 or D, with a permissible maximum mass exceeding 3500 kg, but not exceeding 7500 kg which are designed and constructed for the carriage of no more than 8 passengers plus driver; motor vehicles in this category may form with a trailer with a maximum authorised mass not exceeding 750 kg;
9. category C1e:
a) without prejudice to the provisions of type-approval rules for the vehicles concerned, combination of vehicle with towing vehicle/tractor in category C1 and trailer or semi trailer with a maximum authorised mass of the trailer or semi-trailer exceeding 750 kg, provided that the maximum authorised mass of which does not exceed 12 000 kg composition;
b) without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles with a towing vehicle in category b and a trailer or a semi-trailer with a permissible maximum mass of the trailer or semi-trailer over 3500 kg, provided that the maximum authorised mass of which does not exceed 12 000 kg composition;
10. category c – motor vehicles, other than those in categories D1 or D, whose maximum authorised mass of which exceeds 3500 kg, which are designed and constructed for the carriage of no more than 8 passengers plus driver; motor vehicles in this category may form with a trailer with a maximum authorised mass not exceeding 750 kg;
11. category is – without prejudice to the provisions of type-approval rules for the vehicles concerned, combination of vehicles with a towing vehicle of a category with a trailer or a semi-trailer and a maximum authorized mass of over 750 kg;
12. category D1 – motor vehicles designed and constructed for the carriage of no more than 16 passengers plus the driver and with a maximum length not exceeding 8 m; motor vehicles in this category may be combined with a trailer having a maximum authorized mass which does not exceed 750 kg;
13. category D1E – without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles with a towing vehicle of category D1 and a trailer with a maximum authorised mass of over 750 kg;
14. category D – motor vehicles designed and constructed for the carriage of more than eight passengers plus the driver's seat; motor vehicles which may be driven with a category D licence may be combined with a trailer having a maximum authorized mass which does not exceed 750 kg;
15. DE category – without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category D, and a trailer with a maximum authorised mass of over 750 kg;
16. category t – wheeled tractors (Tkt); to this category are assimilated and tram locos (Ttm). "
2. Paragraph 3 shall be repealed.
§ 20. In art. 151 following amendments and supplements shall be made:
1. Paragraph 1 shall be amended as follows:
(1) the minimum age of the driver for driving a motor vehicle is:
1. sixteen years-for driving a motor vehicle of category am;
2. sixteen years-for driving a motor vehicle in category A1;
3. eighteen years – for driving a motor vehicle in category A2;
4. twenty-four years for driving a motor vehicle in category (a), either:
a) twenty years – if the driver holds a driving licence on a motorcycle of category A2 of not less than two years;
b) twenty-one years – for the management of three-wheeled motor vehicles with a power exceeding 15 kW;
5. Seventeen years-for driving a motor vehicle in category B1;
6. eighteen years – for driving a motor vehicle in categories c and V;
7. eighteen years – for driving a motor vehicle in categories C1 and C1e, as the application is not limited to the provisions for the driving of such vehicles as defined in the Ordinance under art. 7 (b), para. 5 of the law on road transport;
8. twenty-one years – for driving a motor vehicle in categories with and, as the application is not limited to the provisions for the driving of such vehicles as defined in the Ordinance under art. 7 (b), para. 5 of the law on road transport;
9. twenty one years – for driving a motor vehicle in categories D1 and D1e is not limited by application to the provisions for the driving of such vehicles as defined in the Ordinance under art. 7 (b), para. 5 of the law on road transport;
10. twenty-four years – for driving a motor vehicle in categories D and DE is not limited by application to the provisions for the driving of such vehicles as defined in the Ordinance under art. 7 (b), para. 5 of the law on road transport;
11. twenty one years – for the management of a tram car in category Ttm;
12. Eighteen-wheeled tractor management category in municipal and Tkt Republican ways. "
2. in the Al. 4 the words "the Ttb (trolleybus) ' shall be deleted.
3. Al are created. 5-9: "(5) driving licence issued to persons who have habitual residence in the Republic of Bulgaria for which circumstance shall sign a declaration or furnish proof that they are taught in the school of art. 17, al. 1 of the law on higher education, or school of art. 26, al. 1 of the Act on public education in the country not less than 6 months.
(6) the candidates for acquiring the right ability for driving a motor vehicle shall meet the requirements of para. 5.
(7) the same person may hold only a driving licence issued by a Member State of the European Union.
(8) When the driver of a motor vehicle are restrictions on management of vehicles, in his testimony to the Government by the relevant code of the European Union, determined by the Ordinance under art. 159, para. 1, shall state the conditions on which the driver is authorized to operate a motor vehicle.
(9) upon issue of a duplicate or replacement of Bulgarian driving licence or a driving licence issued by a Member State of the European Union, or any other party to the agreement on the European economic area or Switzerland, the Confederation shall not require a copy of the document to have been completed at least primary education. Replacement of driving licence shall be made on expiry of the validity, in replacement of the old model with new and changing the data of the driver. A duplicate of the certificate for driving a motor vehicle shall be issued at the damage, destruction, loss or theft. "
§ 21. In art. 152 following amendments and supplements shall be made:
1. In paragraph 8. 1, item 2 (a), the words "Ttm (tram train), Ttb (trolleybus)" are replaced by "tram car".
2. in the Al. 5:
a) in paragraph 1 the word "motor" is replaced by "road";
b) item 4 shall be:
"4. the head of the school activity and technical contributor meet the requirements laid down in the Ordinance referred to in para. 1, item 3. "
3. Paragraph 12 shall be amended as follows:
(12) the authorisation shall be revoked if:
1. the teaching Office, school playground, Office or educational road vehicle no longer complies with the requirements of the Ordinance under para. 1, item 3;
2. a person authorized under subsection. 3, order or permit the conduct of the training of candidates for driving a motor vehicle in violation of the terms and conditions laid down in the Ordinance referred to in para. 1, item 3 and the academic documentation under art. 153, item 1;
3. a person authorized under subsection. 3, order or permit the carrying out of training of candidates for acquiring the right ability for driving a motor vehicle:
(a)) in a room which does not meet the requirements laid down in the Ordinance referred to in para. 1, item 3;
(b)) with a vehicle that does not meet the requirements laid down in the Ordinance referred to in para. 1, item 3;
in) with a teacher who does not meet the requirements laid down in the Ordinance referred to in para. 1, item 3;
(d)) of the school playground, which does not meet the requirements laid down in the Ordinance referred to in para. 1, item 3. "
4. Paragraph 19 is amended as follows:
(19) the Lecturer, deleted from the register on the basis of para. 18, item 3, may not be entered again in the register for two years. "
§ 22. Create art. 153 b-153 (d):
"Art. 153 b. (1) psychological research in art. 152, para. 1, item 2 and al. 2 organize and conduct:
1. the first and second psychological examination – registered under the conditions and in accordance with this Act and holding a certificate of registration:
transport and general hospitals) under the Ministry of transport, information technology and communications and by group practices for medical assistance, which runs at least one psychologist;
b) hospitals under art. 8, al. 1, paragraph 2, point (d) of the Act on hospitals, which runs at least one psychologist;
c) dispensaries for mental illnesses in which works at least one psychologist;
2. the third psychological research – by the regional commissions, expert psychological organized in general hospitals of the Ministry of transport, transport, information technology and communications.
(2) the methodological guide for the conduct of psychological research is carried out by the Expert Commission, the central psychological organized in National General transport hospital "Tsar Boris III" – Sofia. The members of this Committee have the necessary education and qualifications in accordance with the requirements of the Ordinance under art. 152, para. 1, item 2.
(3) a certificate of registration to carry out psychological research shall be issued to the persons referred to in para. 1, item 1 under the following conditions:
1. cabinets and specialized equipment comply with the requirements and provide carrying out of the survey pursuant to the Ordinance under art. 152, para. 1, item 2;
2. the persons who carry out research, have the necessary education and qualifications in accordance with the requirements of the Ordinance under art. 152, para. 1, item 2 and included in the register under art. 153 in, al. 1;
3. the study is organized in accordance with the requirements of the Ordinance under art. 152, para. 1, item 2.
Art. 153. (1) the registration of the persons under art. 153 b, para. 1 paragraph 1 shall be carried out by the Minister of transport, information technology and communications or the official authorised by him.
(2) for entry in the register the persons under art. 153 b, para. 1, item 1 shall submit an application to the Minister of transport, information technology and communications, komplektuvano with documents specified by the Ordinance under art. 152, para. 1, item 2.
(3) in respect of the documents submitted under paragraph 1. 2 the Minister of transport, information technology and communications or an official authorised by him within 10 days from the filing of the application in writing and notify the person given deadline for their removal.
(4) within 14 days from the filing of the application or removal of limitations under para. 3 the Minister of transport, information technology and communications or an official authorised by him shall carry out registration and issue a certificate of registration to persons who meet the requirements of the Ordinance under art. 152, para. 1, item 2 and have implemented the documents referred to in para. 2.
(5) the Minister of transport, information technology and communications or authorised by him official reasoned pursuit of refused registration of a person who does not meet any of the requirements of the Ordinance under art. 152, para. 1, item 2 or is not applied to the application documents referred to in para. 2.
(6) failure to carry out the registration is subject to challenge pursuant to the administrative code.
(7) the right to organize and conduct psychological research shall be terminated by the authority which carried out the registration:
1. when the registration is done on the basis of falsified documents or false document;
2. in the case of repeated breaches of the conditions and procedures for the carrying out of studies;
3. at the request of the holder of the certificate of registration;
4. with the termination of the business of the registered person.
Art. 153. (1) in the register under art. 153 in, al. 1 shall be entered:
1. serial number and date of entry in the register;
2. name, seat and address of management of the registered person – for the legal persons and the sole traders;
3. number of issued certificate of registration;
4. data for psychologists, who will carry out the research:
(a) the names of the psychologist) and his single civil number;
(b)) and the qualifications of education person making psychological research;
in) entered into force penal provisions for breaches of the terms and conditions for conducting psychological research;
d) for cancellation of the registration data and the justification for it.
(2) persons deleted from the register pursuant to art. 153 in, al. 7, paragraph 1, are not allowed to re-apply for entry in the register for two years from the date of cancellation.
(3) a request for the amendment in the register and on the certificate of registration shall be made within 30 days of the change of circumstances that are subject to registration.
(4) the deletion from the register shall be made by order of the Minister of transport, information technology and communications or an official authorised by him, which shall be subject to challenge pursuant to the administrative code.
(5) the procedure for the registration and deletion from the register shall be determined by the Ordinance under art. 152, para. 1, item 2. "
§ 23. Article 155 shall be replaced by the following:
"Art. 155. (1) any driver has the right to operate a motor vehicle of the category for which has a driver, and the driver holding a driving licence of category t – just a vehicle of the type specified in the driving licence.
(2) a guide entitled management of motor vehicles of any of the categories referred to in art. 150 and is entitled to drive vehicles in category am, a leader with the right management of motor vehicles of category C1 or c-and motor vehicles of category t – wheeled tractor.
(3) a guide entitled management of motor vehicles of category A2 is entitled to drive vehicles in category A1.
(4) Guide entitled management of motor vehicles of category a is entitled to drive vehicles in category A1 and A2.
(5) a driver with the right management of motor vehicles of categories b, c or D is entitled to drive vehicles of categories C1, C1 or D1.
(6) the Leader with the right management of motor vehicles in categories C1e, D1e or DE, is entitled to drive and combinations of vehicles in category V.
(7) the Leader with the right management of motor vehicles of category is entitled to drive de vehicles if he owns aptitude for management of motor vehicles of category D.
(8) Leader with the right management of motor vehicles of categories and ED GROUP has the right to manage and combinations of vehicles in categories C1e and D1e respectively.
(9) where the maximum authorised mass of the combination of a motor vehicle in category b with a trailer with a maximum authorised mass exceeding 750 kg to 3500 kg, the composition is controlled by persons passed the exam. The right to manage such a composition is indicated in licences through the relevant Community code.
(10) for the management of the trolleybus drivers holding category D shall undergo additional training by the order of the Ordinance under art. 152, para. 1, item 3. The right to manage the trolleybus shall be indicated in the driving licences by the national code. "
§ 24. In art. 166 following amendments and supplements shall be made:
1. In paragraph 8. 1:
a) point 1 shall be amended as follows:
"1. the observance of the rules for the operation of public transport and for own-account carriage of passengers and goods, as well as all documents relating to the performance of the carriage;"
b) in paragraph 3 the words "curricula" are replaced by "the academic documentation" and the word "forms" is replaced by "centres";
in t. created) 4 and 5:
"4. the status of the base material and compliance with the conditions and procedures for the conduct of psychological research from the persons under art. 153 b, para. 1;
5. compliance with the requirements for the technical services under art. 138 (b). "
2. in the Al. 2:
a) in paragraph 1, after the words "public transportation" is added "and" transport on own account;
b) in paragraph 3 the words "curricula" are replaced by "the academic documentation" and the word "forms" is replaced by "centres";
in the 6), after the word "carriage" add "and" transport on own account;
(d)) that are created 9 and 10:
9. give compulsory requirements in relation to the condition of the base material and compliance with the conditions and procedures for the conduct of psychological research;
10. give compulsory requirements for the removal of incompatibilities with the requirements for the technical services under art. 138 (b). "
3. a para. 3:
"(3) in the Al. 1, item 4 shall be carried out jointly with the representatives of the central psychological expert Commission under art. 153 b, para. 2. "
§ 25. In art. 171 and following amendments and supplements shall be made:
1. Paragraph 1 shall be amended as follows:
(1) Commission for consumer protection to the Minister of economy, energy and tourism, its regional units and units for the protection of consumers to the municipal administration in the framework of the tasks entrusted to them under art. 166 of the Act on consumer protection powers control the compliance with the requirements for:
1. existence of a valid certificate of conformity with an approved type of products put on the market new motor vehicles and trailers;
2. particulars of the products put on the market new components or separate technical units for motor vehicles and trailers;
3. compliance with the requirement to provide information to users when its submission is required under the Act;
4. ensure the implementation of the measures related to the conduct of campaigns on the withdrawal from the market;
5. controlling compliance with the requirements for the placing on the market and trade with approved parts and equipment that may pose a significant risk to the correct functioning of essential systems related to the safety of the vehicles running on the road or with their ecological characteristics. "
2. in the Al. 2:
a) in paragraph 1 the words "running" are replaced by "put" and the word "systems" and the comma after her shall be deleted;
b) in paragraph 3, after the words "vehicles" insert "and" trailers;
c) in paragraph 4 the word "systems" and a comma after it is deleted.
3. in the Al. 3:
a) in paragraph 3 the word "systems" and the comma after her shall be deleted;
b) in paragraph 4 the word "systems" and the comma after her shall be deleted;
c) in item 5, the word "systems" and a comma after it is deleted after the words "vehicles" insert "and" trailers.
4. a para. 5:
"(5) in carrying out the functions referred to in para. 1 the consumer protection Commission used data from the national information system under art. 138 (a), para. 4. "
§ 26. In art. 167, para. 2, paragraph 1, after the word "regulation" is a comma and add "as well as".
§ 27. In art. 171, paragraph 2 is hereby amended as follows:
1. In the text before paragraph (a), the word "motor" is replaced by "road".
2. (a) the word "motor" is replaced by "road".
3. In point (b), the word "motor" is replaced by "road".
4. Point (d) is repealed.
§ 28. In art. 172 following amendments and supplements shall be made:
1. In paragraph 8. 1 the words "art. 171, item 1, 2, 4 and 5 (a) shall be replaced by ' art. 171, item 1, 2, 4, item 5 (a) and 6 "and after the word" jurisdiction "is added" or by officials authorised by them ".
2. in the Al. 2. t 6 is created:
"6. the withdrawal of the individual stamps for legalization of documents issued in carrying out periodic roadworthiness tests of vehicles."
§ 29. In art. 173, para. 1 the words "art. 138, para. 2 and 3 ' shall be replaced by "art. 138, para. 7 and 8 ".
§ 30. In art. 177, para. 1, paragraph 4, after the word "movement" is added "or combination of road vehicles, which included immobilised vehicle".
§ 31. In art. 178 the following modifications are made:
1. In paragraph 8. 1:
a) point 5 shall be repealed;
(b) in point 6), the words "article. 152, para. 1, item 3 and ' shall be deleted.
2. in the Al. 2 the words "item 5 and 6 and 10" shall be replaced by ' 6 and 10 ".
§ 32. Create art. 178 a-178 (d):
"Art. 178. (1) a fine or penalty payment in the amount $5000. person who issue documents for periodical roadworthiness tests of vehicles without a permit issued under art. 148, para. 2. (2) a fine or penalty payment in the amount $3000. a person who does not provide the inspection bodies under art. 166 the possibility of inspection of facilities, equipment and measuring instruments, and if you don't provide them to check the documentation relating to the carrying out of periodic reviews to roadworthiness tests of vehicles.
(3) When the offence under para. 2 has been committed, the punishment is a fine or penalty payment in the amount $5000.
(4) the penalty payment in the amount $1000. a person authorized by the order of art. 148, para. 2, that:
1. do not send a notification or document relating to the business of carrying out periodic inspections by the competent authorities;
2. as a result of improper storage of documents certifying carrying out periodic roadworthiness tests of vehicles did their loss, theft or destruction.
(5) where the infringement under para. 4 was committed reactivation, the proprietary sanction is $2,000.
(6) That, within the framework of its obligations in accordance with the requirements of the Ordinance under art. 147, para. 1 did not create the necessary organization or has not exercised control for compliance with its requirements is punishable by a penalty payment in the amount 2000 BGN.
(7) a fine 1500 EUR:
1. the President of the Commission carrying out the inspections or technical specialist, which allow carrying out periodic roadworthiness test of vehicle in breach of the requirements laid down by the Ordinance under art. 147, para. 1, or with the equipment or measuring devices which do not meet the requirements laid down by the Ordinance under art. 147, para. 1;
2. the Chairman of the Commission carrying out the inspections or technical specialist, who did not enter the data of the performed roadworthiness test of vehicle according to the requirements of the Ordinance under art. 147, para. 1;
3. the technical specialist, who did not check the reliability of the equipment, components, assemblies, systems, mechanisms, components and characteristics of vehicles subject to roadworthiness tests, according to the methods laid down by the Ordinance under art. 147, para. 1;
4. the technical specialist who qualified technical malfunction in contradiction with the requirements laid down by the Ordinance under art. 147, para. 1, or gave incorrect conclusion in the periodical roadworthiness test;
5. technical specialist who works with equipment, machinery and means of measurements which are faulty or used them incorrectly, or manipulate or modify their testimony;
6. the technical specialist, who notifies the Executive Agency "automobile administration" within the time limit set by the Ordinance under art. 147, para. 1 that his individual stamp is lost, stolen or destroyed.
(8) where the offence under para. 7 is carried out again, the punishment is a fine $3000.
(9) the technical specialist, who as a result of improper storage of individual print allow its loss, theft or destruction, shall be punished with fine $1000.
(10) the breaches of the requirements for carrying out periodic examinations of roadworthiness testing of vehicles and the requirements for the keeping of related documentation that is not otherwise provided for punishment for the guilty are punished with a fine or a penalty payment in the amount $500.
Art. 178 (b). (1) a fine or penalty payment in the amount $5000. person who carries out the training of candidates for driving a motor vehicle without a permit issued under art. 152, para. 3. (2) a fine or penalty payment in the amount $3000. a person who does not provide the inspection bodies under art. 166 the possibility of checking on the base material, and if you don't provide them to check all the documentation relating to the conduct of the training of candidates for driving a motor vehicle.
(3) When the offence under para. 2 has been committed, the punishment is a fine or penalty payment in the amount $5000.
(4) a fine or penalty payment in the amount $1000. a person authorized by the order of art. 152, para. 3, that:
1. ensure the keeping of the register of the aptitude test and the documentation in accordance with the requirements of the academic records of training of candidates under art. 153, item 1;
2. incorrectly store the registry for registration of candidates for acquiring the right ability for driving a motor vehicle, with the result that there has been loss, theft, or destruction of the register;
3. order or carry out the activity with head of school activity which does not meet the requirements laid down by the Ordinance under art. 152, para. 1, item 3;
4. order or allow the Organization of activities in the Office, which does not meet the requirements laid down by the Ordinance under art. 152, para. 1, item 3;
5. do not provide conditions for theoretical or practical exams;
6. does not provide video surveillance tapes from the following theoretical exams in the Learning Center.
(5) a fine $500. Head of academic activities in training centres for the training of candidates for driving a motor vehicle which: 1. do not ensure compliance with the requirements of the academic records of training for the acquisition of legal capacity under art. 153, item 1 during training;
2. not issued in a timely manner and does not produce relevant documents in connection with the training;
3. in organizing the training order or allow violations of:
and the daily workload of the trainees);
(b) the daily workload of teachers);
c) breach of the schedule of the theoretical training;
(d) the obligation to notify) for individual training;
(e)) the conduct of interim and internal examinations;
4. not declare and does not update the information on the fees for the conduct of training and examinations;
5. the issue of a certificate of admission to the examination of a person who has not undergone the necessary training and/or is not successfully passed the internal examinations;
6. allow the keeping of the documents violation in connection with the training.
(6) a fine $500. Lecturer in theoretical and/or practical training for the acquisition of aptitude for driving a motor vehicle which: 1. does not conform to the requirements of the academic records of training for the acquisition of legal capacity under art. 153, item 1 during training;
2. the breach in the conduct of documents in connection with the training;
3. do not enter data in a timely manner documents in connection with the training;
4. violate the defined daily workload of teachers;
5. in carrying out the training allows the violation of:
and the daily workload of the trainees);
(b)) schedule for conducting theoretical training;
the length of class hours);
(d)) of intermediate and conduct internal examinations;
6. as a member of the examining Board violates the order of carrying out of theoretical or practical exams.
(7) For violations of the requirements for the training of candidates for driving a motor vehicle and the requirements for the keeping of related documentation that is not otherwise provided for punishment for the guilty are punished with a fine or a penalty payment in the amount $500.
Art. 178. (1) a fine $3000. a person who violates the terms and conditions for conducting psychological research, as defined by the Ordinance under art. 152, para. 1, item 2.
(2) in the event of a repeated offence under subsection. 1 is $5000 fine.
Art. 178. (1) which it places on the market a vehicle for which a certificate is required for type-approval, without a service pack is released, or placed on the market the vehicle in violation of the directly applicable Act of the European Union in the field of the type-approval of vehicles, shall be punished with fine 2500 EUR
(2) A legal person or sole proprietor who commits an offence under subsection. 1, the penalty payment in the amount $5000.
(3) That launches components or separate technical units, subject to approval of type, when not satisfying the requirements of the applicable regulations under art. 138, para. 4 or the rules of the UN/ECE, or the regulations of the European institutions in the field of the type-approval of vehicles and their conformity is not attested in a proper order, shall be punished with fine 2000 BGN.
(4) The legal person or sole proprietor who commits an offence under subsection. 3, a penalty payment in the amount $4000.
(5) a fine $3000. or a penalty payment in the amount $6000, which order, allow, or issue a document with untrue data concerning:
1. the conformity of vehicles or systems, components and separate technical units with technical requirements applicable to them for approval, if the Act does not constitute a crime;
2. the conformity of vehicles and technical requirements applicable to them for individual approval or variation in the structure, if the Act does not constitute a crime.
(6) That test or verification of the conformity of the new vehicles, systems, components and separate technical units with technical requirements applicable to them for approval, as well as for individual approval of vehicles using the equipment, appliances or measuring devices, which are faulty or misused, manipulated or replaced their testimony, be fined $3000. or with a proprietary sanction amounting to 6000 EUR, if the Act does not constitute a crime.
(7) For the offences provided for in art. 13, item 2, the letters "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 information for repair and maintenance of vehicles (OB L 171/1, of 29 June 2007), in art. 13, item 2, the letters "c" and "d" of Regulation (EC) No 78/2009 of the European Parliament and of the Council of 14 January 2009 on 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 (OB , L 35/1 of 4 February 2009), in art. 15, item 2, the letters "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 (OB, L 35/32 of 4 February 2009), in art. 11, item 2, the letters "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 information for repair and maintenance of vehicles 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 (OB, L 188/1 of 18 July 2009) and in art. 11, paragraph 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 (OB, L 200/1 of 31 July 2009):
1. a natural person shall be punished with fine in extend 2500 BGN;
2. a legal person or sole proprietor having the penalty payment in the amount $5000. "
§ 33. In § 6 of the supplementary provisions the following amendments and additions:
1. In paragraph 10, after the word "trams" a comma and add "tractors".
2. In paragraph 16 the comma and the words "tractors, tractor trailers and other self-propelled ' shall be replaced by" and "self-propelled.
3. Section 46 is amended as follows:
"46." habitual residence in the Republic of Bulgaria is the place where a person usually lives, that is for more than 185 days in the last 12 months because of personal or occupational ties, or if a person with no occupational ties – because of personal ties which show close links with the place where he is living.
The normal residence of a person whose occupational ties are in a different place from his personal ties and who consequently reside successively at different locations in two or more Member States, shall be considered the place of his personal ties, provided that he returns there regularly. Compliance with the latter condition is not necessary, if the person resides in a Member State to perform a task of a definite duration. Studying at a university or other educational institution is not considered a change of habitual residence. "
Additional provisions
§ 34. Everywhere in the law the names of units of measurement "km/h", "kg", "cube. cm "," t "," km/h "and" mm "shall be replaced respectively with" km/h "," kg "," cm3 "," t "," km/h "and" mm ".
§ 35. This law introduces requirements to:
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 (OB, 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 of vehicles.
Transitional and final provisions
§ 36. The provision of § 14 concerning art. 147, para. 8 shall enter into force on 1 January 2011.
§ 37. The provisions of § 15 concerning art. 148, para. 4, item 2 and al. 9 – 14 shall enter into force three months after the date of the promulgation of this law in the Official Gazette.
§ 38. The provisions of § 19 concerning art. 150 and § 20 concerning art. 151 shall apply from 19 January 2013, except for the provisions of art. 151, para. 5, 6, 7 and 9.
§ 39. (1) upon issue of a duplicate, replacement and issuance of licence following the acquisition of a new category category m shall be assimilated to the category am.
(2) all rights for driving a motor vehicle acquired before 19 January 2013 shall be maintained, except for those holding capacity for management of motor vehicles of category Ttb, which until the entry into force of § 19 must undergo training to acquire the aptitude for driving a motor vehicle in category D, in turn, determined by the Ordinance under art. 152, para. 1, item 3.
§ 40. The provisions of art. 166 a, para. 1, item 5 on the parts and equipment which may pose a significant risk to the correct functioning of essential systems concerning the safety of vehicles on the road or with its ecological characteristics are applied after the establishment by the European Commission on the requirements to them.
The law was adopted by 41-Otto National Assembly of 1 July 2010 and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva:
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