Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF THE AZERBAIJAN REPUBLIC

of July 3, 1998 No. 517-IQ

About traffic

(as amended on 01-05-2020)

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following concepts are used:

1) traffic - set of the public relations which arise in the course of movement on the roads which are specially intended for this purpose with the help or without the aid of vehicles, and also in the course of requirements satisfaction of physical persons and legal entities in passenger and goods transportation;

2) the organization of traffic - system of the engineering and organizational actions constituting continuous part of traffic which are performed in street road net for the purpose of safety control of vehicles and pedestrians, uninterruptedness and convenience of their movement and its optimum speed;

2-1) technical means of the organization of traffic - constructions, devices and images (traffic lights, route signs, marking, propulsion bars, columns and so forth) applied to the organization and traffic regulation on roads, including for safety control and continuous motion of vehicles and pedestrians, track capacity increases of roads;

3) traffic safety - the traffic condition reflecting degree of security of participants of traffic and society from the road accidents and their effects;

4) the international traffic - traffic in which the vehicle belonging to physical person or legal entity of any state, which is temporarily imported on the territory of other state without registration in this state participates;

5) the highway - the road intended for ensuring safe and convenient movement at certain speed of cars, buses, the motorcycles having the sizes and weight which conform to traffic regulations, to state standards and other regulatory legal acts;

6) the highway - the road which is specially laid for movement of vehicles and answering to the following conditions:

the subjects to economic, production or construction assignment which are along this road cannot be used by other vehicles;

on the road there are certain carriageways for movement in opposite directions delimited by the lane line which is not intended for movement or, according to the procedure of exception, other means, except for certain places or cases which are established by the provisional rule;

on the road there are no intersection at grades with rail lines, tram and other ways, and also pedestrian strips;

on the carriageway the stop or the parking of vehicles is prohibited, through each piece no more than 50 kilometers are created special vacation spots and stopping platforms.

7) carriageway - part of the road which is used for movement of vehicles (the road can have several carriageways which are established precisely by means of lane line or are in different levels);

8) the roadside - in cases when the side band or side bands of movement on the carriageway are intended for movement of certain vehicles or is available bicycle lane, - edge of other part of the road for other its users;

9) the main road - concerning the crossing (adjoining) road is the road designated by the corresponding signs concerning earth road - paved road (asphalt, cement and concrete, stone, etc.), and concerning departures from the adjoining territories - any road (availability on minor road of the covered site before the intersection does not equate it in fact to the crossed road);

10) passenger transition - the site or engineering construction on carriageway intended for crossing of the road by pedestrians;

11) the intersection - any crossing, adjunction or branching of roads in one level, including the territory formed by it;

12) the regulated intersection - the intersection at which the priority of movement is established by signals of the traffic light or the traffic controller;

13) the non-regulated intersection - the intersection at which there is no traffic controller is not established or disconnected the traffic light, or the traffic light works with the blinking yellow signal;

14) lane line - the part of the road which is its separate element divides adjacent parts of movement and is not intended for movement or stop of vehicles, including movement;

15) driving lane - the road strip which is delimited by means of the line of marking of the carriageway and has width sufficient for movement of cars in one row in this or that side of the road;

16) the sidewalk - the part of the road intended for movement of pedestrians which adjoins the carriageway or is separated it by lawn;

17) the vehicle - the device which has constructive opportunities for movement on the road and is controlled the person and also its trail car (vehicles are divided on set in motion by energy of the mechanism and set in motion by energy of the person or animal);

18) the motorized vehicle - any driverless vehicle, except bicycles with outboard engine and rail vehicles;

19) the car - the motorized vehicle which is used for transportation of people or loads across roads or towages of the vehicles transporting people or loads (this concept covers also trolleybuses, that is the trackless vehicles connected to electrical wires, but does not extend to such vehicles as farm tractors which are used for transportation of people and loads across roads or, performing only subsidiary functions, - for towage of other vehicles);

20) operational vehicles - fire-proof, police cars, cars of emergency medical service, rescue divisions, the cars intended for accomplishment of functional tasks of military traffic police and body of courier communication, tasks on collection of cash revenue and transportation of valuable cargoes, protection of management officials of the Azerbaijan Republic, belonging to the national operator and used in post transportations the having color schemes and identification signs, texts of special graphics equipped with special luminous signals and the acoustic alarm;

21) trail car - any vehicle intended for towage by the motorized vehicle;

22) semitrailer truck - any trail car intended for coupling with the car which part relies on this car and transfers to it considerable share of own weight and mass of load;

23) the lengthy vehicle - the vehicle more than 24 meters long;

24) self-propelled machines - vehicles, including chain track tractors, held for use in construction, forest and agricultural industry, at other works;

25) the wheel tractor - the vehicle which is used for towage of trail cars on roads and has the maximum constructive speed no more than 30 kilometers per hour;

25-1) tricycle are mechanical three wheeled vehicle with the wheels symmetric in relation to the median longitudinal plane of the vehicle which is put in action by means of the internal combustion engine with the working volume exceeding 50 cm3 or with the maximum constructive speed over 50 km/h;

25-2) easy kvadritsikl are the following four-wheel motorized vehicles, with an equipped weight no more than 350 kg (without the mass of batteries in case of electric vehicles):

the vehicles equipped with the internal combustion engine with the forced firing and working volume which is not exceeding 50 cm3; the vehicles equipped with the internal combustion engine of other type with maximum power of engine no more than 4 kW; the vehicles equipped with the electric engine with rated maximum power of engine no more than 4 kW in continuous running;

25-3) kvadritsikl is four-wheel motorized vehicle with an equipped weight no more than 400 kg (550 kg for the vehicles intended for carriage of goods) (without the mass of batteries in case of electric vehicles) and with a maximum power of engine no more than 15 kW, except vehicles, stipulated in Item 25-2 articles 1 of this Law;

26) the motorcycle - the two-wheeled motorized vehicle with carriage or without it, having the engine (tricycles and easy kvadritsikla are equated to motorcycles);

27) the moped - two - or the three wheeled vehicle which is set in motion by the engine with working volume no more than 50 cubic centimeters and has the maximum constructive speed no more than 50 kilometers per hour (bicycles with outboard engine and other vehicles of the similar characteristic are equated to mopeds);

28) the bicycle - any vehicle, except for wheelchairs which is set in motion by muscular energy of person managing it, in particular, by means of pedals or levers;

29) vehicle stop - traffic congestion of the vehicle for time necessary for landing or disembarkation of people or loading or unloading of loads;

30) forced stop - traffic congestion of the vehicle because of the danger caused by its materiel failure, or condition of the transported load or the driver (passenger), or hindrance on the road;

31) the parking of the vehicle - vehicle stop for the reasons for others, than the accomplishment of instructions of other user of the road, or rules of collision avoidance with any hindrances, or the traffic rules which is not limited to time which is necessary for landing or disembarkation of people or loading or unloading of loads;

32) the parking - the parking of the vehicle in the place which is specially allocated for it and is marked appropriately up;

33) the participant of traffic - person who participates in road process as the pedestrian, the transport driver, the passenger, the cyclist, the overlander and also uses highways, streets, railway crossings or other places which are intended for transportation of people and loads by vehicles;

34) the driver - person managing any type of the vehicle (the driving instruction auto-instructor is equated to the driver);

35) the passenger - the person moving in the vehicle, but not having relations to its management;

36) the pedestrian - person who participates in traffic out of the vehicle and does not perform any work on the road (the persons moving in wheelchairs without engine, moving bicycles, mopeds, motorcycles, sledge, carts, nurseries or wheelchairs are equated to pedestrians);

37) the cyclist - person managing bicycle; persons moving on wheelchairs are not ranked as cyclists;

38) the overlander - person banishing across the road the cattle, pack or riding animals;

39) overtaking - overtaking of one or several moving vehicles by change of driving lane;

40) benefit - the right of first-priority movement in the planned direction in relation to other participants of movement;

41) to give way - not continuation or not renewal of movement, not making of maneuver by the driver in case continuation or renewal of movement by it or making of maneuver can force other drivers and pedestrians to change the direction or motion speed suddenly;

42) limited visibility - visibility of the road at distance less than 300 meters in case of fog, rain, snow and other circumstances, and also in twilight;

43) the road accident - incident which happened in the course of movement of the vehicle on roads to streets, squares, railway crossings and led to death of people or to receipt of bodily harms of different degree by them, to downing of animal or motionless obstacles, damage of vehicles, roads, constructions or causing other material damage;

44) the vehicle public - the vehicle (the bus, the trolleybus, the tram) intended for public conveyance, going with the stops appointed along certain route;

45) organized road convoy - group of three or more motorized vehicles going one after another with the included headlights on the same driving lane in case of escort of the head operational vehicle equipped with flashing indicators of red or blue colors and special sound signal;

46) the road train - structure from several vehicles going jointly by connection to one motorized vehicle;

47) the permitted maximum weight - the upper limit of the maximum mass of the vehicle set by the manufacturing company together with the driver, the passenger and load. The most admissible mass of the road train consists of set of the most admissible mass of the vehicles which are part;

48) night-time - interval of days from sunset till the sunrise;

49) the settlement - the densely populated territory, entrances to which and departures with which are designated respectively by signs 5.22-5.25. Signs 5.22 and 5.23 with white background specify application of the relevant requirements regulating traffic rules in settlements, and signs 5.24 and 5.25 with blue background - non-use on this road of the relevant requirements regulating traffic rules in settlements;

50) the living area - part of the settlement, entrance to which and departure with which are designated respectively by signs 5.51 and 5.52;

51) the heavyweight vehicle - the vehicle with load or without it which weight or axial parameters exceed the limits set for highways public and road constructions;

52) the large-size vehicle - the vehicle with load or without it which dimensional parameters exceed the limits set for highways public and road constructions;

53) the technological vehicle - the vehicle equipped with the special technological device and the equipment, used during execution of the corresponding engineering procedures in industrial industries, not provided for operation in street road net.

54) the tachograph - the electromechanical or electronic instrument of control which is established on the vehicle for the purpose of continuous measurement or registration of all data on movement of the vehicle, including about covered distance, motion speed, and also about the periods of work and rest of drivers.

Article 2. Purpose of the Law

The road traffic act determines the legal basis of holding complex actions for the purpose of the organization of safe and convenient movement of vehicles and pedestrians on roads, taking measures for protection of life and human health, the environment, private, municipal and state-owned property in connection with traffic, prevention of the road accidents and decrease in degree of their weight, and establishes the rights and tasks of the state, and also participants of traffic in this area.

Article 3. Legislation on traffic

The legislation of the Azerbaijan Republic on traffic consists of the Constitution of the Azerbaijan Republic, this Law, other legal acts of the Azerbaijan Republic and international treaties which the Azerbaijan Republic joined.

Article 4. Obligations of the state in the field of traffic

The state carries out the following obligations in the field of traffic:

Determines 1) and pursues state policy, including single scientific and technical policy, and also standards of traffic;

Adopts 2) and performs the laws and other regulatory legal acts connected with the organization of traffic, ensuring its safety, environmental protection, determination of traffic regulations, and also responsibility for their violation;

3) adopts programs and plans, developments and traffic safety over the country and its administrative and territorial units, provides coordination of activities of state bodies for execution of these programs and plans;

4) finances the government budget of the program and the plans concerning development and traffic safety the events held in the field of content and development of highway network, the ensuring safe movement and ecological requirements imposed to traffic;

5) will organize specialized services in the organization of traffic, including installation and use of technical means and the automated systems, ensures traffic security of vehicles and pedestrians in venues of wreckings and mass actions;

6) determines single requirements for construction, reconstruction, repair, content and protection of highways, and also design and technical condition of the vehicles made in the Azerbaijan Republic and exercises control of their accomplishment;

7) is determined by procedure of the activities connected with repair and content of highways, other types of activity influencing traffic safety, procedure for carrying out repair of vehicles and their operation, implementation of domestic and international passenger and goods transportation and transportations of dangerous goods;

8) establishes samples of the registration certificate of the vehicle, the state registration sign and the car driver license;

9) for the purpose of ensuring needs of participants of traffic will organize content, repair, reconstruction and construction of highways with observance of requirements of ecological safety, exercises control of holding these actions, liquidates emergency and dangerous sections of roads;

10) will organize sites of maintenance on the state roads according to safety requirements of traffic;

11) will be organized by medical support of participants of traffic, including delivery of health care by the victim in the road accidents;

12) is provided by consent to opening of educational institutions and rates on training of drivers and increase in their qualification, carries out control of activities of these educational institutions and rates, holds theoretical and practice exams, issues car driver licenses to persons who successfully passed examinations records these persons;

13) will organize work on training of the population in traffic regulations and promotion of traffic safety, provides accomplishment by legal entities and physical persons of the requirements established by this Law in the field of traffic safety;

14) will organize automated control systems for traffic in the territories of areas (cities) according to master plans of settlements, projects of detailed planning and construction, complex transport schemes and schemes of the organization of traffic;

15) is determined by procedure for the parking of vehicles on paid parking and in garages;

16) will organize research works on traffic safety issues;

Limits 17) for the purpose of safety control of traffic or improvement of traffic conditions or prohibits as necessary movement of vehicles during repair construction works on roads, establishes procedure for opening of routes of regular traffic circulation public and will organize its accomplishment;

18) exercises control of technical condition of vehicles, performs technical inspections in the cases established by the law, prohibits operation of vehicles at which the design or technical condition do not conform to the established standards or engine numbers, bodies and the landing gear do not match with numbers specified in registration documents;

19) issues permission to production of designs of vehicles and their reconstruction, replacement of aggregates, bodies and parts of bodies and exercises control of their compliance to safety requirements of traffic;

20) takes out the corresponding conclusions according to the technical project documentation and technical condition of the vehicles made in the Azerbaijan Republic from the point of view of their compliance to safety requirements of movement and environmental protection, participates in testing of these vehicles, addresses to relevant organs with idea of withdrawal from the production of samples (products) which are not conforming to the specified requirements;

21) carries out registration of vehicles, documents their alienation and accounting, issues the statement from the corresponding official register of personal estate in connection with state registration of the agreement of mortgage, the registration certificate of the vehicle and the state registration signs;

22) will organize safe, rational and convenient traffic circulation and pedestrians on roads, will organize escort of vehicles on the basis of agreements according to the procedure, stipulated by the legislation the Azerbaijan Republic;

23) is established by the list of stationary posts on carrying out functions of control of traffic and will organize dislocation of these posts, provides them with technical means, and also buildings, automobiles and bonds, medicines and drugs for rendering emergency medical service by the victim in the road accidents, provides them with necessary conditions for satisfaction of simple vital needs of the person;

24) performs functions of the customer and the producer of the route signs, highway route markers, the transport and technical means regulating and controlling traffic, the emergency equipment applied on site the road accident to simplification of its effects, and also other technical means and devices helping to increase traffic safety, means of promotion of traffic safety; special products (forms of the car driver license, the registration certificate of the vehicle, the state registration signs and identification signs) also provides these structural divisions of relevant organ of the executive authority of the Azerbaijan Republic;

25) exercises control over the implementation of requirements of this Law by legal entities and physical persons, will organize conducting the investigations of criminal cases and productions on the administrative cases connected with the road accidents, according to the procedure, established by the legislation of the Azerbaijan Republic;

26) provides delivery of the damaged vehicles to the established places and protection of property in abeyance, and also search of the hijacked vehicles and the participants of traffic who fled the place of the road accident;

Records 27), provides to persons information access on official information resources of the Internet in connection with resolutions on the administrative punishments applied concerning them in connection with road traffic offense and their effects (penalties and their payment, quantity or write-off of points) of the road accidents, the citizens deprived of the right to manage the vehicle, road traffic offenses, events held in connection with them;

28) exercises control of the roads allocated for movement, determines movement speed limit zones, establishes in them the corresponding route signs, and also will organize and provides transportation of dangerous goods and journey of transport structures through the cities and other settlements;

29) fulfills other requirements established by this Law.

Article 5. Obligations of legal entities in the field of traffic

1. Legal entities irrespective of pattern of ownership carry out the following obligations in the field of traffic:

1) will organize traffic, ensure its safety, observe requirements of environmental protection and traffic regulations;

2) is carried out in labor collectives by scheduled maintenance on observance of requirements of the legislation on traffic;

3) in coordination with the trade-union organization exercise control of the state of health of drivers, observance of work-rest schedule by them;

4) in case of occupation transportation activities in coordination with relevant organ of the executive authority of the Azerbaijan Republic is accepted by special rules on the basis of the rules, standard rates and standards existing in the field of traffic taking into account features of transportations;

5) the organizations and financings of the actions connected with prevention of the road accidents, operation of transport in emergency situations resolve issues;

6) fulfill other requirements established by this Law.

II. Legal entities are forbidden to involve in any form drivers in defiance of safety requirements of traffic.

Article 6. The rights and obligations of physical persons in the field of traffic

I. Physical persons have the following rights in the field of traffic:

1) freely and freely to move on highways according to statutory rules, to receive from body (organization) established by relevant organ of the executive authority of the data on traffic conditions;

To receive 2) from the body (organization) established by relevant organ of the executive authority of the Azerbaijan Republic of data on the reasons of restriction or prohibition of movement on highways;

3) to receive data on product quality and the services connected with traffic safety control;

4) during the road accidents according to the procedure, established by the legislation of the Azerbaijan Republic to receive free medical care and other ambulance;

5) to require compensation according to the procedure, corresponding to the legislation of the Azerbaijan Republic, the damage caused to their health, and also the vehicle during the road accident which happened owing to discrepancy of roads to safety requirements of movement;

 Administratively to appeal 6) in court of action and failure to act of service employees of the relevant organ of the executive authority exercising control of traffic safety;

6-1) to obtain information on official information resources of the Internet in connection with resolutions on the administrative punishments applied concerning them in connection with road traffic offense and their effects (penalties and their payment, quantity or write-off of points);

7) to have other rights established by this Law.

II. Physical persons carry out the following obligations in the field of traffic:

1) will organize traffic, ensure its safety, fulfill requirements for environmental protection and traffic regulations;

2) participate in safety control of traffic and help relevant organs of the executive authority of the Azerbaijan Republic with the events held for this purpose;

3) take measures to content and operation of the vehicles belonging to them in good repair;

4) take measures for medical support of traffic safety and environmental protection from harmful effects of transport;

5) fulfill other requirements provided by this Law.

Article 6-1. Obligations of the physical persons and legal entities which are organizing and carrying out international and internal (long-distance and interdistrict) public conveyance and loads

I. The physical persons and legal entities which are organizing and carrying out international and internal (long-distance and interdistrict) public conveyance and loads, shall equip cargo vehicles and vehicles public by means of which these transportations, are performed by the tachograph. Persons who organized these transportations and the drivers who are carrying out these transportations bear responsibility for accomplishment of the corresponding transportations without tachograph, and also without certificate on check of the tachograph or without the corresponding seal, or with the tachograph with the expired check interval or with the broken seal, with the tachograph with fully or partially idle functions, with falsification of the data registered by the tachograph.

II. Operational mode and rest for the drivers who are carrying out international (long-distance and interdistrict) passenger and goods transportation, procedure for equipment of vehicles the tachograph, uses of it, servicing and control of its functioning are established by relevant organ of the executive authority.

Chapter 2. Providing and use of highways of traffic safety

Article 7. Main principles and priority directions of safety control of traffic

I. The main principles of safety control of traffic are:

1) benefit of life and the human health participating in traffic before economic results of economic activity;

2) preferential responsibility of the state for safety control of traffic in comparison with responsibility of the people participating in traffic;

3) respect for interests of people, societies and the states in case of traffic safety control;

4) reasonable and integrated approach to the activities connected with traffic safety control.

II. Traffic safety is ensured in the following priority directions:

1) safety control of traffic under the organization of traffic;

2) determination of powers and responsibility body (organization) established by relevant organ of the executive authority of the Azerbaijan Republic in the field of traffic safety;

3) development and approval of rules, standards, technical standards and other regulating documents on traffic safety according to the procedure, stipulated by the legislation the Azerbaijan Republic;

4) creation of rational and convenient conditions for movement on highways;

5) regulation of activities of road, urban land electric transport and road economy;

6) the admission of vehicles to traffic;

7) traffic adjustment;

8) organization of training of transport drivers and increase in their qualification;

9) training of citizens in rules of safe behavior at roads;

10) implementation of the complex actions connected with medical support of traffic safety;

11) environmental protection;

12) material and financial provision of actions for traffic safety;

13) coordination of activities of relevant organs of the executive authority of the Azerbaijan Republic for the purpose of prevention of the road accidents and decrease in weight of their effects;

14) implementation of the state control over the implementation of the legislation of the Azerbaijan Republic and the corresponding rules, standards, technical standards and other regulating documents in the field of traffic safety control.

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