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LAW OF THE REPUBLIC OF MOLDOVA

of June 7, 2007 No. 131-XVI

About traffic safety

(as amended on 24-12-2021)

Chapter I. General provisions

Article 1. Subject of the law

(1) This law governs social legal relations in the field of traffic, establishes the rights, obligations and responsibility of competent authorities and participants of traffic, determines the principles of the organization of activities of organizations for training in the field of road transportation, and also condition of the admission of transport drivers to traffic.

(2) Traffic is considered in this law from the point of view of ensuring uninterruptedness of transport flow and its complete safety that assumes protection of the rights and legitimate interests of physical persons and legal entities, their property, and also health protection, physical integrity and life of participants of traffic and environmental protection.

Article 2. Basic concepts

In this law the following basic concepts are used:

the road accident - the event which happened owing to violation of regulations of traffic safety to involvement of one or several vehicles which are in movement on the highway public, led to violation of health, infliction of bodily injury, death of one or several people or causing material damage;

the administrator of the road - body of local public authority or other representative the Government state body which functions are management, content and repair of the highway public;

the traffic controller - person given authority on regulation of traffic and its control on highways of general use;

audit of road safety – comprehensive check, the technical and systematic, independent, concerning safety, designing parameters inherent in the project of road infrastructure, at all stages from planning prior to operation;

the auditor of road safety – the physical person certified according to requirements of the legislation for evaluating impact on road safety, implementation of audit of road safety and inspection of road safety;

the vehicle - the driverless vehicle, except for the moped and rail vehicles, intended for transportation of people, loads or for production of any works;

the bicycle - the vehicle which has at least two wheels and is set in motion by exclusively muscular energy of person managing this vehicle, in particular by means of pedals or handles;

body - the part of the vehicle established above axes and wheels and equipped for transportation of people or loads;

the certificate of professional certification – the allowing document issued in the procedure provided by this law to the teacher of road safety or the driving instructor, certifying the right to implementation of pedagogical activities in organizations for training in the field of road transportation;

the moped – two-wheeled or the three wheeled vehicle which maximum constructive speed does not exceed 45 km/h (except for those, which gather the speed of smaller or equal 25 km/h) equipped with the internal combustion engine in amount no more than 50 cm3 or the electric engine the capacity which is not exceeding 4 kW;

official train – the column of vehicles headed by the vehicle with the priority mode of movement on which special sound signals and flashing indicators of blue and/or red color are included;

aggressive driving – conscious implementation by the transport driver of consecutive actions or maneuvers, stipulated in Item d) parts (3) article 33 of this law, Traffic regulations which are not corresponding to provisions or regulations of provident driving by means of what it creates unreasonable hindrances to movement, infringes at the rights of other participants of traffic or forces them to take additional measures preventing the road accident or not to threaten traffic safety;

the driver – the person on highways public managing the vehicle, conducting group of people, accompanying single, pack or riding animals, flock, herd, etc., and also person training to driving of the vehicle;

provident driving – the actions of the transport driver according to provisions of Traffic regulations providing prevention of the road accidents by non-admission of dangerous situations in case of vehicle control and also anticipation and avoidance of dangerous situations which can be provoked by other participants of traffic;

the highway public – any land way of the message, including artificial features and natural roads open for movement of vehicles and pedestrians and being under authority of authorized body;

the local highway public – the highway which is in public property of administrative and territorial unit, providing road communication between the cities residences and villages (communes) which are part of the area, and also between villages (communes) including entrances to national highways public;

the national highway public – the highway which is in public property of the state, providing the international road message, communication between the capital of the country and the cities residences, municipiums, objects of republican value and also communication between those;

impact assessment on road safety – strategic comparative analysis of impact on the level of safety of road infrastructure of the project of the new highway public or the project about essential change of the existing road infrastructure;

use of the mobile terminal equipment of electronic communications - the actions assuming use by means of direct contact of mobile phones and/or similar movable gears for telephone negotiations, reading and set of texts, navigation on web platforms and also use of mobile applications, photos/video cameras;

traffic safety control - the activities directed to the prevention of the factors promoting emergence of the road accidents and decrease in weight of their effects;

inspection of road safety – recurring inspection of road infrastructure from the point of view of traffic security, identification of possible defects or shortcomings of designing, construction, operation and/or content of the highway which can lead to the road accidents;

periodic technical inspection – the recurring inspection of technical condition of vehicles which is carried out in the authorized stations of technical inspection or in specialized stations of authorized bodies of the public power, regarding compliance to national rules and standards of traffic safety and environmental protection, confirmed with the report on technical check and the corresponding coupon;

the driving instructor – the teacher who passed professional certification according to this law, performing in organizations on training in the field of road transportation activities for skills training of cadets to skills of driving of vehicles for receipt of the right of control of vehicles;

the motorcycle - two - or the three wheeled vehicle with carriage or without it, equipped with the engine with amount of cylinders more than 50 cubic cm and/or with maximum speed, depending on design, over 45 km/h and own weight which is not exceeding 400 kg;

the odometer – the device which is built in in the vehicle for the distance measurement undergone from the moment of input of the vehicle in operation to its exception of the address;

the organization of traffic - complex of the organization-legal and technical actions directed to traffic streamlining, its regulation and management to them;

the participant of traffic - person which is directly involved in the course of traffic as the driver, the pedestrian or the passenger;

the pedestrian – the person who is on the road out of the vehicle and not performing on it work, and also the person moving in wheelchair without engine, conducting the bicycle, the moped, the motorcycle, the sledge, hand truck, the nursery or wheelchair;

the teacher of road safety – the teacher who passed professional certification according to this law performing activities for theoretical and skills training of cadets to special disciplines in organizations on training in the field of road transportation for receipt of the right of control of vehicles;

the special training program for cancellation of penal points - the program for training of drivers which purpose is retraining and increase in awareness of the transport drivers subjected to punishment for offenses about effects of road traffic offenses. The special training program for cancellation of penal points is performed for a fee in the procedure established by the Government;

trail car - the vehicle intended for towage by the vehicle;

traffic safety - the situation in traffic reflecting degree of security of his participants from the road accidents and their effects;

the station of technical inspection – the specialized and authorized technical center providing periodic technical inspection of vehicles by the visual survey and diagnosing of the equipment, aggregates and systems influencing traffic safety and the environment with the subsequent issue of the report on technical check and the corresponding coupon;

traffic – the complex dynamic system consisting of pedestrians and vehicles which in the course of movement on highways public according to statutory rules create set of public legal relations;

organization on training in the field of road transportation – the legal entity irrespective of type of property and form of business providing basic training, retraining and periodic enhancement of transport drivers, driving instructors, managerial personnel in the field of road transportation, and also experts as a part of stations of technical inspection on the basis of the training programs approved by the Ministry of Education, culture and researches and approved with the Ministry of Economy and Infrastructure;

the vehicle - the self-propelled or non-self-propelled mechanical system intended for transportation of people or loads or not equipped with mechanisms which can perform certain works.

Article 3. Basic principles of safety control of traffic

The basic principles of safety control of traffic are:

a) priority of life and physical integrity of participants of traffic over results of economic activity;

b) priority of responsibility of the state for safety control of traffic over responsibility of participants of traffic;

c) respect for interests of the personality, society and state in activities for traffic safety control;

d) program and target approach to traffic safety control problem.

Article 4. Legal basis

(1) the Legal basis of traffic safety others constitute this law, legislative both regulations and the international agreements in the field which party is the Republic of Moldova.

(2) In the part which is not settled by this law, the procedure for request, provision, suspension and withdrawal of the allowing documents provided by this law for business entities is determined by the Law on regulation of business activity by permission No. 160/2011.

Chapter II. Competence of authorities in traffic

Article 5. Competence of the Government

Is within the competence of the Government:

a) management of activities of the central industry bodies of the state having powers in the field of traffic;

b) approval of state programs of development of traffic and safety on highways public, and also the regulations provided by competent authorities;

c) financing, management and control of accomplishment of development programs of traffic and its safety;

d) the organization of research activities and development of technologies in the field of traffic and its safety;

e) control of execution and compliance with law about traffic safety;

f) approval of the list of the medicines contraindicated to transport drivers;

g) determination of necessary minimum of content of automobile first-aid kits of first aid;

h) establishment of methodological regulations on the organization of preparation, enhancement, ekzamenation and certification of the teaching personnel performing training of transport drivers and personnel in the field of road transportations;

i) determination of categories of the vehicles which are not subject to official survey for the admission to traffic;

j) approval of state programs on environmental protection, standards of technical condition of vehicles and the equipment.

Article 6. Competence of National council on traffic safety

(1) the National council on traffic safety created by the Government is consultative body in questions of implementation of policy of the state in the field of traffic safety.

(2) National council on traffic safety:

a) studies the state of affairs and gives assessment to activities of competent authorities in the field of traffic safety;

b) coordinates activities in the field of traffic and its safety, participates in development and consideration of regulations in the field and submits them to the Government for approval.

(3) the Current activities of National council for traffic safety are performed by Executive bureau which performs functions of its secretariat, coordinates at the national level process of development and promotion of strategy and action plans in the field of road safety according to the purposes determined by council, provides interdepartmental cooperation and the politician in the field exercises control of realization by relevant organs.

(4) the Executive bureau is created by appointment in its structure as heads of the central bodies of the public power provided in National council on traffic safety, representatives of the relevant organs having powers on coordination the politician in the field of traffic safety. The complete structure and powers of Executive bureau are established in regulations on it approved by the Government.

(5) Under Executive bureau the ad hoc commissions of National council on traffic safety providing on the basis of data on the road accidents and cost analysis and benefits carrying out detailed researches which results go to competent authorities and the Government for reasons for budget plans and adjacent the politician are effective.

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