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STATE EMBLEM
OFFICIAL JOURNAL
OF
THE REPUBLIC OF ALBANIA
PUBLICATION OF THE PEOPLE’S ASSEMBLY
No. 19 1998 July
C O N T E N T
Law No. 8378 ROAD CODE Dated 22.7.1998 OF THE REPUBLIC OF ALBANIA
1 LAW
No. 8378, dated 22.7.1998
ROAD CODE OF THE REPUBLIC OF ALBANIA
Relying on article 16 of the law No. 7491, dated 29.4.1991 on “Main Constitutional dispositions” at the proposal of the Council of Ministers,
PEOPLE’S ASSEMBLY OF THE REPUBLIC OF ALBANIA
DECIDED
CHAPTER I
GENERAL DISPOSITIONS
ARTICLE 1
General principles
1. The road is regulated through the norms of this code and acts approved for the purpose of its applications, observing international and European community norms in this area. Norms and acts on the applications of this code, are led by the principle of security of movement in the road, following the objectives for a rational movement, the protection of environment and saving of energy.
2. the Government informs the Parliament annually about the achieved results and the necessary steps to improve social environmental and economic status as far as road traffic is concerned.
3. The government gives to the public opinion, through respective organs, the most significant data by using the most advancing system of massive communication and provides some special categories of citizens with publicity messages of preventive and education character.
4. the acknowledgment and accurate application of the respective norms of this code and of the acts approved for its execution have to be rigorously observed by all the persons moving in the territory of the Republic of Albanian with vehicles or without vehicles, and/or for all those persons who are associated with these roads.
2 ARTICLE 2
Road definitions and classifications
1. For the application of this code norms, a “road” is called that area for public use destined for the movement of pedestrians, vehicles and animals.
2. Roads are classified, according to their constructive, technical and functional characteristics as follows:
A- Highway B- Main inter-urban roads C- Second inter-urban roads D- Main urban road E- Second urban roads F- Local roads
3. The roads divided in accordance with point 2, must have these minimal characteristics:
A- HIGHWAY: Inter-urban or urban road with independent carriage way divided by insurmountable traffic separators, each with at least two moving lanes, paved embankment on the left or the emergency lane or embankment on the right, without crossroads in levels, equipped with encirclement and assistant systems for the users during all the length, reserved for the movement of some categories of motor vehicles and distinguished by special beginning and ending signals. Certain areas are envisaged for stopping, with entrances and exits equipped respectively with retardation and acceleration lanes.
B- MAIN INTERURBAN ROADS: Roads with independent carriage way or divided by insurmountable traffic separators, each with at least two lanes g for moving and pave embankments, without crossroads at the level, with entrances coordinated for side objects, distinguished by special beginning and ending signals, reserved for the movement of some categories of motor vehicles. For other possible categories of vehicles appropriate spaces have to be provided for. Certain areas have to be foreseen also for stopping with entrances and exits equipped respectively by retardation and acceleration lane.
C- SECOND INTER-URBAN ROADS: Roads with one carriage way with at least one moving lane for sense and embankment.
3 D- MAIN URBAN ROAD: A road with separate carriage way or divided by traffic separators, each with at least two moving lanes and one possible lane reserved for public vehicles, paved tracking and pavements, with crossroads in levels equipped with semaphores. For stopping areas or side belts outside carriageway, both with concentrated entrances and exits are foreseen. E- SECOND URBAN ROADS: Road with one carriage way with at least two lanes, paved embankment and pavements. For stopping, areas equipped with manoeuvring lane outside carriage way are foreseen. F- LOCAL ROADS : Urban or inter- urban road, systematized at an appropriate way according to the definitions of point 1, but it doesn’t take part at the above mentioned roads.
4. “ A service road” is called the road by the side of a main road (highway, main inter- urban road, main urban road), which has the function of stopping permission as well as the grouping of entrances from side objects at the main road and vice versa. They are also used for movements and prohibited manoeuvres at the main road.
5. The roads classified according to point 2, are divided in line with usage, functions and needs of the administrative character, as follows: “state”, “district”, “communal” and “internal”, according to the following data. The institutions which are owners of the above mentioned roads are respectively the state, district, municipality or the commune, private or state subject. But the command of military region is the owner of the roads destined exclusively for military traffic, called “military roads”.
6. Inter-urban roads, according to point 2, B and C letters, are divided into:
A- State roads, when: a) represent the main directions of national traffic, b) link the main road network of the state with that of bordering states, c) link metropolis of the districts between each other or represent direct and important links between state roads, d) link also the network of state roads, sea ports, airports, centres of special industrial, tourist, cultural and climacteric significance, e) roads that represent special interest for the national economy. B- District roads are called those roads that links the metropolis of the district with municipalities, centres of the communes and other areas of industrial, agriculture, tourist and climacteric interest as well as roads linking the centres of communes, municipalities and communes as well as roads linking the centres of municipality and communes with state roads. C- Inner roads: Roads that are stretched within the sectors of mines, oil, forestry, industrial works, yards, stone-quarries, agriculture economies. D- Communal roads: are all the roads within the territory of the commune or municipality which are not included in group A, B and C.
4 7. The Ministry responsible for the respective activity classifies the state roads, according to point 2 and 5, by following the criterion in line with points 5 and 6. It takes into account the opinion of the Institute of Transport studies as well as that of concerned districts, in line with the cases and the ways determined in the applied acts. The districts with the same determined criterion, proceed for the classification of the remaining roads in line with points 2 and 5 after drawing the opinion of local institutions. The roads classified in such a way are registered in the national archive of the roads foreseen in Article 220.
8. When the roads do not have anymore the above technical features or do not respond to functional objectives, are declassified from Ministry which covers the respective activity and the Districts in line with the above respective competences, by drawing the opinion according to point 7. Cases and procedures for such a declassification are determined by the acts in the process of application.
ARTICLE 3
Road and traffic definitions
1. In line with the norms of this code, road and traffic definitions have the following meanings: a) EMBANKMENT: a part of the road included between the boundary of the carriage way and the nearest lengthy element: the pavement, the traffic separator, clayboard, the inner edge of the channel or the upper edge of the talus. 2) RESERVED BELT: strip of land, outside the road boundary, where the land owner is prohibited to carry out constructions, enclosures, to sow crops and to form deposits, etc.
3) A BELT FOR SIDE STOPPING: That part of the road by the side of the carriage way separated by this through a boundary interrupted line and which includes the line of the stopping places and the respective manoeuvring tracking (lane).
4) THE BELT OF PERTAINING RANGE: A strip of land placed between the carriage way and the road boundary. It is part of the road ownership and can be used only for the realisation of the other parts of the road.
5) THE ROAD SIDES: an area of the site (zone) which comes right after the lower or the upper talus of the road body respectively where the road is lifted or deepened into the ground.
6) CROSSROAD BRANCHES: a part of the road included into a crossroad (intersection).
7) ESCAPING ISLAND (see.ESCAPING)
5 8) TRAFFIC ISLAND (See. GUIDING ISLAND)
9) TRAFFIC SEPARATOR ISLAND (See. TRAFFIC SEPARATOR).
10) GUIDING ISLAND: that part of the road, which is limited in an appropriate way and is also unexplored as well as is destined for the separation and direction of the traffic currents.
11) A PASSING AT A DIFFERENCE OF LEVEL: crossroad at different levels at which the traffic currents are not interrupted among each other.
12) A PASSING AT THE LEVEL: crossroad at the level, which is regulated and signalled in an appropriate way with the purpose of ensuring the movement between one or more roads and a railway line passing through the road surface.
13) CHANNEL: an art work destined for the flow of the rain waters, snow or draining, build along or transversally the road.
14) CARRIADGEWAY: a part of the road destined for the movement of vehicles; it consists of one or more movements lanes and it is generally paved or limited by the siding line.
15) TRACKING (LANE): a lengthy part of the road with an appropriate wideness which permits the passing of only one line of vehicles.
16) BICYCLE TRACKING (LANE): a lengthy part of the road limited in an appropriate way, reserved for the bicycle circulation.
17) EMERGENCY TRACKING: a special lane by the side of the carriage way destined for the emergency stopping, for the passing of emergency assistance vehicles and more rarely for the movement of pedestrians in case it is permitted.
18) MOVEMENTS TRACKING: a constituent part of the carriageway, normally limited by horizontal signs.
19. RETARDATION TRACKING : a special tracking to permit the exit of vehicles from one carriage way in order not to cause the retardation of vehicles not taking part in such a manoeuvre.
20. RESERVED TRACKING : a movements tracking destined for the exclusive circulation of one or only some of the categories of vehicles.
21. SPECIALISED TRACKING : a tracking destined for vehicles which carry out certain manoeuvres as for example: marching past, slowing down, acceleration, manoeuvres for stopping etc.
6 22. ACCELERATION TRACKING : a special tracking to allow and facilitate the entrance of vehicles into carriage ways.
23. THE WING OF CROSSROAD : ( See: THE BRANCH OF CROSSROAD).
24. CROSSROAD AT DIFERENCE OF LEVEL: a community of infrastructures (over passing, underpassing and ramps) which permit the transferring of the currents of vehicles between road branches placed at different levels.
25. CROSSROADS AT LEVELS: a common area for some roads, organized in such a way that it can permit the transfer of traffic currents from one road to the other.
26. CURVE BEND: lengthy appropriation between two straight parts of the road having interrupted axes.
27. ROAD BOUNDARY: the end of the road ownership which results from the acts related to purchase or to the expropriation of the approved project. In case they do not exist, the boundary is formed by outer edge of security ditch or the channel, or by the foot of the talus if the road is in height, or by the upper edge of the talus if the road is in depth.
28. PARKING: an area on infrastructure placed outside the carriage way destined for the regulated or non - regulated stopping of the vehicles.
29. INCLINATION: a part of the road with lengthy constant inclination.
30. TRAFFIC : is the movement , stopping and stay of the pedestrians, vehicles and animals in the road.
31. INHABITED CENTRE: a community of buildings, limited along the road in the entrance and exit by special signals at the beginning and at the end; by a community of buildings it is meant a continuous grouping interrupted by roads, grounds, gardens and areas for public use with entrances for vehicles and pedestrians in the street.
32. CONCAVE ADJUSTMENT: adjustment between two different successive inclinations with axes interrupted under the road surface. A part of the road with a lengthy concave shape.
33. CONVEX ADJUSTMENT: adjustment between two different successive inclinations with axes interrupted over the road surface. A part of the road with lengthy convex
7 features.
34. CROSSROAD RAMPS: road destined for linking two crossroads branches.
35. INTER - URBAN ROADS: roads outside the inhabited centres
36. PEDESTRIAN PASSING ROAD: a part of the road divided by carriage way with a yellow line or a special protection parallel to it, destined for the passage of pedestrians. It carries out the function of a road pavement when this is missing.
37. VEHICLE PASSING ROAD: entrance or exit at an edging area appropriate for the stay of one or more vehicles.
38. INTERNATIONAL ROAD : roads or parts of the road included into itineraries determined by international agreements.
39. URBAN ROADS: roads within an inhabited centre.
40. TRAFFIC CURRENT: community of vehicles (current of vehicles) or pedestrians ( pedestrian currents) which move into the road at the same direction of movements into one or more parallel lines, by following a fixed trajectory.
41. STOPPING GROUND: a part of the road with e limited length, in the side and outside the embankment, destined for the stopping of vehicles.
42. STREET REFUGE : part of the road build or limited and defended in an appropriate way destined for the protection and stopping of the pedestrians, at the pedestrians passing or at the collective transport stopping.
43. FOOT PATH: a road with natural basement created for the passing of pedestrians or animals.
44. TRAFFIC SEPARATOR : a lengthy longitudinal part of the road, impassable by the vehicles destined for the separation of the currents of vehicles.
45. PAVEMENT: a part of the road outside the carriage way, build or bounded and protected, destined for pedestrians.
46. GUIDE: a community of indexes destined for the selection of traffic currents and for guiding into fixed directions.
8 47. PEDESTRIANS PASSING ROAD: part of the road marked in an appropriate and organized way where the pedestrians have a priority to vehicles while passing from one side of the road the other.
48. STOPPING POCKET: part of the road outside the carriage way destined for the stoppage of public line vehicles close to the pavement or to another reception space for the pedestrians.
49. CROSSROAD AREA: a part of the crossroad in level, in which two or more traffic currents are interrupted.
50. REMOVAL AREA: part of the road with unified direction during which parallel traffic currents, moving into the same direction, may change their reciprocal position without being obliged to stop.
51. AN AREA WITH A LIMITED TRAFFIC: on area in which the entrance and movement of vehicles are limited at fixed hours or for certain categories of vehicles.
52. REGROUPING AREAS: part of the carriage way, before the stopping line, destined for the amassment of vehicles waiting for a free road, generally divided into lanes specialized and limited by continuous lines.
53. ROAD AREA: the surface included within road limits. It includes carriage way and the belts of pertaining range.
54. SELECTION AREA : part of the road, with appropriate signals, where the change of the tracking lane is permitted in order that the vehicles pass into specialized lanes.
55. PEDESTRIAN URBAN AREA: an area prohibited for the movement of vehicles except for those of emergency services as well as vehicles serving to the persons with limited moving capability, and which have their sizes and speed compared to the bicycles.
56. SPECIAL AREA : urban area, where are in force special movement rules , aiming at protecting pedestrians and the surrounding environment. This area is limited by special signals at the beginning and at the end.
ARTICLE 4
Definition of inhabitant centres
9 1. For the implementation of the discipline in respect to road traffic, the Council of the Commune takes the decision on the definition of the inhabitant centre within 90 days from the date this Code comes into force.
2. The decision on the definition of the inhabitant centre, is published for 30 successive days, attaching to it the map that defines the boundaries at entrance and exit roads.
ARTICLE 5
The regulation of traffic in general
1. The Ministry, covering the respective activity distributes to the competent organs of local authorities owners of the road, in line with Article 2 of this Code, acts for the implementation of the road traffic norms.
2. When juridical norms are not observed, the minister of Public Works and Transport deprives the institutions of the right to proclaim limited measures for the movement of the vehicles in the street. When the institutions, owners of the roads do not act in an appropriate way, the minister of Public Works and Transport, in cases when the road security is seriously threatened, takes measures for the execution of significant works and being entitled to ask for compensations from the institution, owner of the road, in cases of infringement.
3. The measures for the traffic regulation are proclaimed by institutions, owners of the road, in line with norms of Article 6 and 7 of this Code, through the competent organs, by means of motivated orders and they are made known to the public by road signalling. There are foreseen complaints, according to hierarchy, at the Ministry of Defence against the steps announced by the territorial military command.
ARTICLE 6
The regulation of circulation outside the inhabitant centres
1. The competent organ of local authorities for the sake of public security, security of traffic, protection of health as well as for needs of a military character, in conformity with the instructions of the Ministry responsible for the respective activity and of the Ministry of Public Order, may suspend temporary all or only some categories of vehicles in the street or in some parts of it. The competent organ of Local Authorities during holidays or some other special days through the order of the Ministry of Public Works and Transport, may stop the movement of vehicles transporting commodities. The applying acts determine the conditions of the decisions to be issued by the competent organ of Local Authorities.
10 2. The competent organ of the Local Authorities decides every year on proper regulations for periodical migration of the flocks by determining itineraries and the time and placing intervals. Anyone breaking the rule is forfeited at the amount from two thousand five hundred (2500) to ten thousand (10 000) Lek.
3. For military roads, the commander of the military district is charged with respective competences, in conformity with points 1 and 2.
4. The institution, owner of the road may, by order : a) Suspend, for a necessary period of time, the movement of all or some categories of vehicles for public security motives as well as for motives of urgency in order to preserve the road property or for needs of technical character. b) establish temporary or permanent obligations restrictions and forbiddance for each road or any part of it, or for certain categories of vehicles, in conformity with the traffic demands or structural road characteristics. c) reserve lanes, even protected ones, for some categories of vehicles, which move also over the rails, or for vehicles destined for certain usages. d) prohibit, limit or subordinate to a payment, the parking or stopping of vehicles. e) order the equipping of vehicles with anti-slippery equipment or special rubbers for the movement in snow and on ice. f) suspend temporary stoppage into the roads or part of the road for technical reasons or clearance, by announcing this suspension through respective signals not less than 48 (forty-eight) hours in advance.
5. The orders are announced:
a) for state roads and highway: from the General Road Directorate. b) for district’s roads: from the chairman of the District’s Council. c) for communal roads: from chairman of the commune or municipality. d) for inner roads: from the head of the administering subject (entity). e) for military roads: from the commander of the territorial military zone.
6. For roads and highway with concession, the rights of the institution as owner of the road are realized by the concessionaire, which informs beforehand the owner institution for every step to be taken. In cases of emergency, the concessionaire may take measures even without communicating with the institution as owner of the road, but it has also the right to suspend these measures when necessary.
7. At the airport premises opened to air and civil traffic and at portal zones, the director of the airport and that of the port have competences for putting under the control the traffic at internal roads opened for public usage and they operate under orders in conformity with the norms of this Code. At the premises of the airports where the administering of air stations is put under the competences of institutions or other companies, the director of the airport has the ordering power, but he draws beforehand the opinion of the institution or that of the interested company.
11 8. Authorities that have announced the prohibition of movement in line with point 1 and 4 letters (a) and (b), may agree that for grave consequences and for circumstances that can not be ignored (excluded, rules out), to issue laissez passez which are used under special conditions and care.
9. All the state roads have priority, except for the cases when the competent authorities decide differently for special crossroads based on their classification in Article 2, point 2 of this Code. In case of other roads or other parts of the roads, priority has to be established upon instruction by the ministry covering the relevant activity, always in line with classification in Article 2, point 2. Priority has to be always announced by certain signals.
10. The institution that owns a priority road, for the sake of traffic security and intensity, may force the drivers by an order to stop before entering the priority road.
11. When we have to do with two priority roads, pertaining to the same institution, this institution has to determine the priority or stopping at the crossroads of these two roads. When we have to do with two priority roads, pertaining to different institutions, the above mentioned obligation have to be fixed by an agreement among both institutions. If the agreement is not reached, a decision is taken thorough an order of the Minister of Public Works and Transport.
12. Each person that does not abide by the movement prohibition announced in line with the norms in points 1 and 3, is subject to administrative measures such as fines from one thousand (1 000) to four thousand (4 000) Lek. If on the regulations it is encroached by the driver of a transporting vehicle of commodities, who is also the owner of the vehicle, upon the administrative measure includes a fine from two thousand five hundred (2 500) up to ten thousand (10 000) Lek. In this case, except for the administrative measure by a fine, a supplementary administrative measure is added whereby the driving license is withdrawn for a four month period as well as the vehicle traffic license is suspended for the same period.
In this case, police authorities, force the driver to stop his voyage and when the stoppage of the vehicle hampers the traffic, they take the vehicle to a near place for the purpose of staying. However the driver of the vehicle will be responsible for the vehicle and the load, if any, during the stay. If the above dispositions are not applied, an administrative additional measure for a 12 months suspension is implemented.
13. Whoever encroaches upon other obligations, suspensions or limitations, foreseen in this Article, is punished by administrative measure consisting of a fine from one thousand (1 000) up to four thousand (4.000) Lek. In cases of stopping prohibition the fine is from two thousand five hundred (2 500) up to ten thousand (10.000) Lek. When this encroachment is extended for over 24 hours, the fine is implemented for each 24 hour period.
12
ARTICLE 7
THE ARRANGEMENT OF THE CIRCULATION AT INHABITANT CENTRES.
1. At inhabitant centres, communes and municipalities, the following measures have to be implemented with the order of the chairman of local authorities.
a) to implement measures foreseen at Article 6, points 1, 2 and 4;
b) to limit the traffic of all or some categories of vehicles in order to prevent environmental pollution and to preserve the artistic and natural wealth and the environment in conformity with the instructions announced by the Ministry responsible for the respective activity after taking the opinion of the Ministry of Health and that of the Ministry of Culture ,Youth and Sports.
c) to determine the priorities at certain roads or some of their parts, or at e certain crossroad, in line with the classification at Article 2 and when the intensity or the security of the traffic urges such a step, to force the drives of the vehicle to stop at the cross road before entering a certain road and give a priority to the persons moving in this road;
d) to reserve certain spaces for the stoppage of the vehicles of road police organs, in conformity with Article 12, the fire - engines, ambulances that serve to persons with limited moving capabilities, equipped with special signs, and to also reserve special spaces for the stoppage of line service vehicles at the end stations of the line.
e) to designate the zones in where the parking of the vehicles will be allowed;
f) to designate, on the decision of the council of commune or municipality, zones destined for parking where the stoppage of the vehicles is conditioned on the payment of a sum for the duration of the stay and to fix the conditions and tariffs in line with the instructions of the Ministry responsible for the respective activity.
g) to determine the timetable and spaces reserved for means used for loading and unloading of commodities;
f) to determine zones equipped and reserved for halting and parking of auto - camping vehicles.
i) to reserve roads for the movement of the vehicles of the service of public transport having as an objective promoting the urban movement.
13 2. Prohibition of stoppage means prohibition of stoppage from 8. 00 up to 20 00, except for the cases when certain signals indicate otherwise.
3. For parts of non - communal roads, which pass through inhabitant centres, measures presented at Articles 6, points 1 and 2, are under the competences of the competent organ of local authorities, and those presented at point 4, letter “a”, are under the competences of the institution, owner of the road.
4. In cases of traffic suspension for public security reasons, security of movement or for the needs of military character, and there where temporary obligations, prohibitions or limitations are established, special permissions may be given to police, medical vehicles, as well as to persons with limited moving capabilities, equipped with special signals.
5. Characteristics, way of construction, procedures of approximation and criteria on of the establishment and maintenance of systems controlling the time of stay at parking are determined upon the instruction of the ministry responsible for respective activities,
6. Areas destined for parking have to be placed possibly outside the carriage way and in such a way that the parked vehicles do not hamper the traffic flow.
7. That part of the incomes deriving from the parking fees is allocated for placing, constructing and administering of the parkings on the surface, under the surface or in buildings as well as for their improvement. The remaining sums of money are used for road works.
8. If the commune or the municipality takes over the direct administering of the guarded parkings or gives them in the form of a concession, it will establish the systems of checking the duration of the stay in line with point 1, letter f and will be obliged in some parts of this parking zone or at nearby zones, to reserve a proper space destined for unguarded parking or without systems for checking the duration of the stay. Such an obligation is not applied for zones defined in article 3 as “urban pedestrian zones” and “ zones with limited traffic” as well as for other zones with special urbanization significance where the traffic conditions and demands are special.
9. Communes or municipalities, upon the decision of their Council, take care of defining urban pedestrian zones and zones with limited traffic, taking into consideration the impact of the traffic on the security of traffic, health, public order, cultural wealth as well as on the environment and territory. In urgent cases this allocation can be realised by the order of the Council’s chairman. The communes or municipalities define in the same way other zones of urbanization significance included in point 8, which present special traffic demands.
10. Zones mentioned in points 8 and 9 are shown through signals.
14 11. For zones mentioned in points 8 and 9 as well as in other zones of special urbanization significance including conditions and demands identical with those foreseen in the above mentioned points, communes and municipalities have the right to reserve, at the order of the chairman, staying spaces only for private vehicles of the inhabitants of the zone, free of charge or against a payment.
12. Whoever does not respect traffic prohibition, circulates at a direction contrary to the permitted one, does not establish the priority obligation and the regulation for stopping at the crossroad, is fined from one thousand up to four thousand and the driver is withdrawn its driving license for a 6-month period in case of circulation in a direction contrary to the permitted one.
13. Whoever encroaches upon obligations, prohibitions or other limitations foreseen in this article is penalized by a fine of five hundred up to two thousand leks. In cases of traffic prohibition, when the violation lasts for over 24 hours, the administrative measure by a fine is applied for every 24 hour stopping prohibition encroachment. In the cases of a limited period of stay or the stay according to a schedule, the administrative measure by a fine of two hundred up to one thousand lek is applied for every time span the breaches occur.
ARTICLE 8
Movement at small centres
1.At tourist and curative resorts, when the difficulties and risks of traffic are eminent, the Ministry responsible for respective activities and the Ministry of Health after drawing the opinion of interested local authorities, upon special instructions, may prohibit, during months of intensive mobility (movements), vehicles pertaining to persons, which are no part of the permanent residents to enter and move in these centres. The same order, may rule on exceptions, which favour certain category of vehicles.
2.Whoever violates the obligations foreseen in this article, is penalised administratively by a fine of one thousand to four thousand lek.
ARTICLE 9
Sportive races in the street
1. Unauthorised sportive races with vehicles or animals as well as athletic races are prohibited to take place in the streets and public areas. The authorisation is issued by the chairman of the commune, municipality or district, in the territory of which motor vehicle races or cyclist, athletic or animal races will be held. When sport activities are extended to only some districts, authorisations are issued by competent organs of local authorities drawing the opinion of the respective national federation and of the ministry covering the respective activity.
15 2. Authorisations issued by the chairman of the commune, municipality and the district have to be requested by organisers at least 30 days before this activity takes place. Issuing of the authorisation is approved by the institution, owner of the road.
3. To allow for drafting the annual programme of the races by the Olympic Committee when their sportive character is accepted and important limitations are not imposed for the service of public transport and common traffic, organisers have to present their requests within 31 of December of the previous year.
4. Authorisation in line with point 1 for holding races foreseen in the programme, should be requested from the competent body of local authorities at least 30 days before the fixed date but this is conditioned upon respecting technical-sportive and security norms as well as adjusting of the zone of race and its facilities. Adjustment has to be made by a specialist of the institution, owner of the road and with the participation of the representative of the Ministry of Public Order and of the Ministry covering the respective activity together with the representative of competent sportive organs and the organisers of the race. This adjustment may not be made when the speed of movement will not surpass the permitted speed. The adjustment is always indispensable in those parts of the road where the permitted speed will be surpassed.
5. In cases when, for justified needs, an unforeseen race has to be included in the programme, the organisers, before asking for the authorisation according to point 4 should ask for the approval of the ministry responsible for the specific activity, in line with point 3, at least 60 days before the race. The competent body of local authorities may give an authorisation for changing the foreseen date of the programme when the competent sportive organs ask this for justified needs.
6, The authorisation of the competent body of local authorities is also conditioned on the signature by organisers of an insurance contract for the civil responsibility against a third party. Insurance should also cover responsibility for the possible damages that may be caused to the road and its facilities.
7. By the end of each race the competent organ of local authorities, in order to prepare the programme for the coming year, immediately informs the ministry responsible for the specific activity about the results of the race by underlying deviations from the authorisation conditions as well as the accidents that may have happened.
8. Whoever organises sportive races provided for in this article, without being authorised according to foreseen ways, is fined from five thousand lek up to twenty thousand lek in cases of athletic, cyclist or animal races and is fined from ten thousand up to fourty thousand lek in cases of. In each of the cases, the administrative authority immediately interrupts the race.
9. Whoever does not abide by the obligations, stopping or limitations foreseen in this article for the development of a sportive race or the conditions determined by the respective authorisation is fined from two thousand lek up to ten thousand lek for athletic,
16 cyclist or animal races and with a fine from ten thousand lek up to fourty lek for races with motor vehicles.
ARTICLE 10
Vehicles beyond the norms and the transport under abnormal conditions
1.A vehicle that surpasses, for special functional reasons, the limits of gabarit (volume) proportions and loading limits determined in Articles 61 and 62 is considered to be beyond the norms.
2. A transport under abnormal conditions is considered:
a) The transport of one or more undivided commodities, that in respect to their proportions surpass the limits of gabarit (volume) proportions determined in Article 61, but which are always within the loading limits determined in Article 62. Together with unseparated commodities, other commodities within the limits of gabarit proportions as determined in Article 61 may also be transported but should not surpass loading limits provided for in Article 62. b) The transport of blocks of natural stone or of unseparated industrial objects, carried out with vehicles beyond norms without surpassing the total loading limit as indicated in the traffic licences and for not more than three blocks or objects so that at least one loading might require the usage of vehicles out of norm and when the above mentioned total size is not more than 40 ton for single vehicles and 86 ton for vehicles with trailers or half-trailers. The above limits may be surpassed only in cases when one unseparated piece is transported.
3. An out of the norms transport is also considered the one carried out by the following vehicles: a) unseparated loading of which comes out of the gabarits from the back side of the vehicle to more than 3/10 of its length; b) despite having an unseparated loading coming out of the gabarits on the back to less than 3/10, do have a lengthy gabarit proportion, including also the loading, bigger than the lengthy gabarit limit of each category of vehicles: c) unseparated loading of which comes out of the gabarit transversal proportions of the vehicles. d) single ones or those forming a vehicle with a trailer, which have always special equipment presented at respective circulation licenses, destined only for transportation of vehicles surpassing the limits foreseen at Article 61;
e) by trailer of half trailers which are used only for the transport of containers which surpass the proportions defined in Article 61 or of the loads defined in Article 62; f) transport - loading defined in Article 54 point 1, letter “n” when surpassing the weight limits defined in Article 62; g) with coach work body changeable altitude which carry out live animals transporting;
17 4. Unseparated commodities, according to the norms of this Code, are considered those for which the lessening of the proportions or loading, within the limits of Article 61 and 62, may bring damages or harms their functioning or may violate transporting security.
5. Vehicles out the norms may be used only by enterprises or companies exercising, according to the law, a transporting activity out the norms. The registration of these vehicles may be done only on behalf of these enterprises or companies.
6. Transporting and vehicles out of the norms have a special traffic authorization, issued by the General Road Department for highways and state roads, by the command of military district for military roads and local authority for the remaining road network. The following vehicles do not need an authorization:
a) according to point 3, letter ‘d’ when for the loading effect do not surpass an altitude of 4.20 meters and do not surpass the length by over 12% with a maximal limit of 13.44m for single vehicles, 20.16m for vehicles with trailers and 17.36m for half trailers. This surpassing may be in the front and in the back, or only in the back for single vehicles or vehicles with trailers, and only on the back for half - trailers on condition that whichever ones carried out the process of transportation has to verify that in the itinerary are included only the roads or parts of the road which have the characteristic as shown in Article 165, point 4;
b) in line with point 3, letters “e” and “g” when do not surpass with a loading the altitude of 4.30m and other proportions defined in Article 61 or weights defined in Article 62, on condition that each one carrying out transportation has to verify that the itinerary includes only roads or parts of roads in line with Article 165 point 4.
7. Road vehicles classified as loading - transporting machineries in line with Article 54, point 1, letter “n” and that surpass the load limits fixed in Article 62, do not need a circulation authorization on condition that:
a) they do not surpass the load limits showed in point 8 and they do not surpass the gabarit proportions limits of Article 61; b) they do move in roads or part of the roads which according to Article 221 in the archives figure out as passable for such vehicles as they are provided for in point 4 of Article 221; c) the person carrying out the transportation has to verify that during the itinerary there are no limitations on the general loading or for an axis, signalled by respective time tables; d) the tax of compensation for the consequences of usage in line with article 34 is paid;
18 When the conditions of “a”, “b” and “c” points are not fulfilled, the above mentioned vehicles have to ask for the authorization foreseen for all the other transports out of the norms.
8. The maximal weight for a full load of loading - transporting machines, provided that the most loaded axis does not surpass a loading of 13 ton, must not be bigger than:
a) single vehicles with motor: with two axis : 20 ton with three axis: 33 ton with four of more axis, with two fronting direction axes: 40 ton
a) complex of vehicles: with four axis: 44 ton with five or more axis: 56 ton with five or more axis for the transportation concrete with concrete mixer: 54 ton.
9. The authorization is issued for one or more transportations, or for certain periods of time within the limits of maximal loading technically acceptable. The itinerary and the escort by road police may be defined in the authorization. Whenever the traffic conditions are appropriate, the road police may authorize the enterprise or the transporting company to use its means for the escort of the loading in line with the ways fixed in the applying acts.
10. Authorization may be given only when it is in line with the preservation of over layers, with the resistance of art workings and the traffic security. Necessary conditions and measures in relation to road security are also foreseen in that. If during transportation under abnormal conditions, the type of the vehicle, loading in axis the time period of transporting or the number of transports bring about consequences in the road greater than those foreseen in the compensation tax or the usage consequences the scale of the compensation paid to the institution owner of the road will have to be increased. The way of the identification is defined in point 16. The issuing of an authorization is conditioned upon the payment of possible expenses for preliminary technical verification, traffic organization when it is needed for carrying out the transport as well for reinforcing works as far art works is concerned.
11. Authorization is not foreseen for the vehicles out of the norm mentioned in point 1, when they move without surpassing the limits determined in articles 61 and 62.
12. It does not represent a transport under abnormal conditions the transport with half - trailer ,which is equipped with an authorized refrigerator provided that the complex does not surpass the limits of gabarit proportions determined at Article 61.
19 13. The vehicles of passenger’s transportation, that for special and justified functional needs, surpass the proportions or weights determined in Articles 61 and 62, are included in the group mentioned in point 1. When such vehicles use moving systems with power feeding despite surpassing the lengthy limitation because of the wing of electric energy supply, they are not provided with an authorization. Registration and authorization are done on behalf of the enterprise authorized for carrying out the passenger’s transportation.
14. The issue of an authorization is conditioned upon the fulfilment of conditions presented at Article 93.
15. In the acts under application, constructive and functional characteristics of the vehicles out of the norms, are foreseen. Are foreseen as well characteristics which are appropriate for transporting under abnormal conditions, as well as for loading - transporting cars.
16. In the acts under application are foreseen formalities for issuing of an authorization for carrying out the transportation under abnormal conditions, possible tolerances, additional sum of compensation for the consequences of the usage in case of abnormal transportation when the permitted loading as well as the criterion of the position of technical escort group of road police are surpassed.
17. Whoever carries out any of the transportations under abnormal conditions foreseen in points 2, 3 and 7 and moves with one of the vehicles out of the norms foreseen in point 1, without receiving the respective authorization, is subject to the administrative measure with a fine from fifty thousand lek up to two hundred thousand lek.
18. Anyone carrying out transportation under abnormal conditions or moves with a vehicle out of the norm, without implementing the conditions defined in the authorization, is subject to the administrative measure with a fine from ten thousand lek, up to forty thousand lek.
19. Whoever moves without having an authorization, despite possessing it, is subject to the administrative measure with fines from two thousand five hundred lek up to ten thousand lek. The trip can continue only after presenting the authorization. This does not exclude the obligation of paying the above sum.
20. Whoever uses loading-transporting machineries for the transportation of different commodities, foreseen in Article 54, point 1, letter ”n” is subject to the administrative measure with fines from twenty five thousand lek up to one hundred thousand lek, as well as to the suspension of the traffic licence from 1 to 6 months. Traffic licence is withdrawn at once by the person observing the encroachment and is delivered immediately to the office of registration of traffic licence, which takes the decision for suspension. If a person violates the rules for the third time within a five year period,
20 the administrative measure of withdrawing the traffic licence as for a loading- transporting vehicle is taken.
21. Whoever uses a vehicle that surpasses the limit of the permitted load, defined in Article 62, in roads and highways considered as impassable in line with the requirements of this Article, is subject to the administrative measure with fines from twenty five thousand lek up to one hundred thousand lek.
22. Administrative measures foreseen in points 18,19 and 21, are taken both for the driver and the owner of the vehicle as well as for the recommended person when the transport is carried out only on his behalf. In this case, the police stops the driver and does not allow him to continue the trip until he has been equipped with the respective authorisation or has met the conditions and requirements as defined in the authorisation. If the stoppage of the vehicle, at the location where the violation has been observed, causes the impediment to traffic, the police transfers the vehicle at a nearby stoppage area. During the stoppage, the driver of the vehicle is in charge of the vehicle and its load. If the dispositions of this item are not met, the driver is subject to the supplementary administrative measure of the suspension of the licence from one to three months.
23. Except for the administrative measures with fines foreseen in points 17, 18, 20 and 21, the licence is withdrawn from the driver of the vehicle for a period of one to two months and the traffic licence is withdrawn for a period of three to six months.
ARTICLE 11
Road Police Services and other services in the road
1. The services of road police consist in as follows: a) prevention, observance and identification of violations of rules with respect to road traffic; b) observance and identification of road accidents; c) carrying out of services for the management of traffic; d) the escorting of vehicles for traffic security; e) care and control of road usage
2. Road police organs also participate in emergency operations at the roads. They are forced to cooperate in undertaking measurements to serve for studies on traffic.
3. Road police services are carried out by the Ministry of Public Order which is competent for the coordination of road police service with other organs having obligations in this respect, in line with Article 12.
21 4. The interested parties may require from the police organs, in line with Article 12, information on the circumstances of the accident, on the domicile of the parties, the assurance of vehicles and their identification data.
ARTICLE 12
The accomplishment of road police services and other controls in the road
1. Carrying out of road police services foreseen in this code pertains mainly to:
a) Road Police in the Ministry of Public Order; b) Functionaries of the Ministry of Public Order charged with the road police.
2. Carrying out of services foreseen in Article 11, point1, letters ”a” and “b” pertains also to the judicial police in line with the Code of Penal Procedure. 3. Care and control on the road economic use of the vehicle in special places and in the roads, may be also carried out by other persons after passing a qualification examination as it is foreseen in acts under implementation. These persons may be:
a) from the respective structures of the Ministry, responsible for the specific activity like the General Directorate of the Services of the Road Transport and the General Road Directorate. b) from the staff of competent offices of road transport in districts, municipalities and communes, only for violations observed in the roads which are property of the institution they are subordinated; c) from ranks of state employees of the districts, municipalities and communes which are qualified or have the function of carrying out road maintenance, being restricted only in the encroachments in roads or part of the roads that are under their responsibility. d) from the staff of the railway state institution and railways in concession which carry out the control and maintenance duties, by restricting themselves only to the violations in the passing zone at the levels under their administration; e) from the staff of airports dependent upon the Ministry covering the specific activity in the zones determined in article 6, point 7;
4. The escort and carrying out of direct services for ensuring the escort of the military convoys belong to officers, corporals and military men of the Armed Forces, who are qualified for that and equipped with a certificate from the respective military authority.
5. The subjects indicated in this Article, when without a uniform, should use the distinctive and standard table in order to carry out the duties of road police.
CHAPTER 2
22 CONSTRUCTION AND ROAD PROTECTION
HEADING 1 CONSTRUCTION AND PROTECTION OF ROADS AND PUBLIC ZONES
ARTICLE 13
Norms for construction and road administration
1. The Ministry covering the specific activity, announces within one year from the entering into force of this code, in line with the classification in Article 2, functional and geometric rules for construction, control and adjustment of roads and service facilities pertaining to them, except for those for military usage. The rules have to be drafted in accordance with the traffic security for all the road users, with the reduction of atmospheric and sound pollution, with the protection of users of buildings along the road as well as of buildings and monuments of great architectural and historical values. Rules related to reduction of atmospheric and sound pollution are formulated in accordance with the directives of the Ministry of Health.
2. The derogation from the above rules is allowed only for the existing roads when special local, archaeological and economic conditions make impossible their implementation, but always by securing road traffic and environmental protection.
3. Rules indicated in point 1, are reviewed every two years.
4. The ministry covering the specific activity, within one year in which this code has entered into force, announces in line with the criterion indicated in point 1, instructions about the functional classification of the existing roads.
5. Institutions owner of the roads have to classify their network within 6 months from the announcement of the guidelines mentioned in point 4.
6. Institutions owners of the roads are obliged to draft the road maps and keep them updated to create the road cadastre and parts pertaining to it, according to ways defined at the order to the Ministry covering the specific activity which draws in advance the opinion of the Institute of Transport Studies. Facilities and permanent services indispensable for road circulation have to be included in cadastre.
7. Institutions, owners of the roads are obliged to carry out during the year traffic measurements and observations as well as to fulfil international obligations that Albania has undertaken to meet in this respect.
8. Aiming at implementing this article, the General Directorate of Roads, in line with Article 35, point 3, has the task of receiving data on the whole national territory, of
23 elaborating and publishing them every year as well as transmitting them to international organs. This structure takes care that different institutions implement instructions and rules and respect deadlines as defined in this article and in the existing acts.
ARTICLE 14
Rights and duties of institutions owners of the road
1. Institutions, owners of the road, with the view to guarantee the security and traffic flow, have as their duty: a) the maintenance, administration and cleaning of the roads and parts pertaining to the road as well as of equipment, facilities services; b) technical control of roads condition and parts belonging to the road; c) establishing and maintaining of the defined signalling;
2.Institutions owners of the roads have also as their duty:
a) issuing of authorizations and license, in accordance with this chapter; b) the observation of the encroachment of the dispositions of this chapter and other norms in this respect as well as of norms included in authorizations and licenses.
3. For roads under concession, rights and duties of the institutions, owners of the roads, foreseen in this code are exercised by the concessionaire, except for a decision otherwise.
ARTICLE 15
FORBIDEN ACTIONS
1. The following actions are forbidden in all the roads or parts of the roads pertaining to it: a) damaging the art works, crops and road facilities, changing the shape and occupying the road surface or parts belonging to it or creating dangerous situations for the traffic; b) damaging, transferring, removing of the road signals and any other object belonging to it; c) impending the free flow of waters in channels or sideline ditches as well as in other works of collections and discharging; d) impending the free flow of waters discharged in the terrain under the road level;
24 e) movement of animals, except for local roads, in line with norms foreseen for the movement of animals; f) throwing or collecting of wastes or materials of any kind; g) creating or throwing off mud also through the wheels coming from entrances or ramifications; h) discharging into channels and ditches without the due permission, of materials of any kind or to channeling into them waters of any kind; i) throwing of every kind of objects from the moving vehicles;
2. Whoever does not respect the prohibition as indicated in point 1, is subject to the administrative measure with fines from two thousand five hundred (2 500) lek up to ten thousand (10.000) lek.
ARTICLE 16.
Reserved belts straight-line parts and viewing zones at crossroads out of the inhabitant centres.
1. The owners of terrains bordering road properties, outside the inhabitant centres, are forbidden:
a) to open channels, ditches and any kind of digging in terrains on the edge of the roads; b) to build, rebuild or widen, on the edge of the roads, objects or surrounding walls of any kind and material at a distance from the road boundary smaller than those foreseen in existing acts for any kind of road; c) to plant trees on the edges of the road, bushels and other things of this kind.
Different distances from the road boundary are defined in the existing acts in subordination to the shown stoppages.
2. At crossroads in level, the viewing zones that are defined by a triangle having two sides over the bordering lines of the reserved belt, the length of which measured by the interruption point of these lines is two times the distance defined at implementing acts, whereas the third side is presented by the segment joining the two extreme points have to be added to the reserved belts shown in point 1, letters “b” and “c”.
3. Construction of any object over the ground near and within the crossroads at difference of level is prohibited. Reserved belts for outer ramps, have to be those corresponding to less important roads between crossroads.
ARTICLE 17
Reserved belts at bends outside inhabitant centres
25 1. Outside inhabitant centres, at the inner side of the bends outside road property, a reserved belt has be provided, where there is forbidden any kind of construction, enclosure, crops or deposits, in line with norms defined in the implementing acts about the length of the bends.
2. At the outer part of bends, reserved belts are those determined for straight roads.
ARTICLE 18
Reserved belts and viewing zones at inhabiting centres.
1. At inhabiting centres, for new constructions, repairing, reconstructions and enlargements, belts reserved for the road protection, measured from the road boundary, should not have proportions less than those shown in existing acts, in line with the type of the road.
2. At crossroads at level, there have to be added to reserved belts shown in point 1 viewing zones determined by a triangle having two sides over bordering lines of reserved belts, whose length, measured from the interrupting point of these lines, should be two times the distances defined in existing acts whereas the third side is presented by a segment joining the two extreme points.
3. A prohibition is applied upon the construction of any object over the ground near and within the crossroads in difference of levels, which according to the opinion of the institution owner the road, hinders normal functioning of this crossroad.
4. Enclosures and crops have to be realized in live with urbanization and traffic projections and should not hinder or decrease the necessary viewing for the security of road traffic.
ARTICLE 19
The distances of the security from roads
1. During the building of shooting - galleries explosive materials, gases or inflammable substances, working shops or stores, stone - quarries that are exploited through use of explosive as well as establishments that have an impact on the security or public health and on the regulation of road traffic, have to be observed distances defined in existing acts, or in case of their shortage, from the competent organ of local authorities which draws beforehand on opinion of the owner of the road and that of the fire - extinguishers.
26 2. Whoever violates the dispositions defined in Articles 16, 17, 18 and 19 is subject to administrative measure by a fine from ten thousand (10.000) lek up to forty thousand (40.000) lek and is also obliged to restore to previous condition, with own expenses, the place of the infringement.
ARTICLE 20
The occupation of road surface
1. In the roads of type A, B, C and D according to Article 2, any kind of occupation of road surface by fairs and markets with vehicles, barracks, canopies etc. is forbidden. In roads of type E and F the occupation of road surfaces may be authorized on condition that another itinerary for traffic is defined.
2. The location of kiosks, news - stands or other installations, even on a temporary basis out of the inhabitant centres in reserved belts is prohibited.
3. In inhabitant centres without excluding limitations and prohibitions defined in previous Articles and points, the occupation of pavements with kiosks, news - stands and other installations may be permitted up to the middle of their width on condition that in continuation of these installations a free zone remains for the movement of pedestrians with a width of not less than 2m. The occupation can not be realized within the viewing triangles of crossroads, shown in Article 18, point 2.
4. Whoever occupies the road surface without respective license, or that even by having the license does not meet its conditions, is subject to the administrative measure with a fine from twenty five thousand (25 000) lek up to one hundred thousand (100.000) lek.
ARTICLE 21
Works deposits and road yards
1. Without an authorization or permission by the competent organ, in line with article 26, carrying out of work or deposits and opening of road yards even of temporary ones, at the roads and parts of it as well as at the reserved belts and viewing zones, is prohibited.
2. Whoever carries out, works or deposits materials at the zones destined for traffic and stoppage of vehicles and pedestrians, should take necessary measures for securing the traffic regularity and keep it under full functioning during day and night. He has to
27 take such measures that the working personnel, exposed to the traffic of vehicles, be conspicuous both during the day and the night.
3. The existing acts include norms which concern ways and means for limitation and signalling of yards, for securing a visibility of the working staff, during the day and the night, for traffic regulation as well as concern ways of workings at the road yards.
4. Whoever violates the dispositions of this article or the applying acts is subject to the administrative measure with a fine from ten thousand (10.000) lek up to forty thousand ( 40.000) lek.
5. Violators, as foreseen in Articles 20 and 21 are also punished through administrative supplementary measures and are forced to remove the abusive objects on their charge and at their own expenses.
ARTICLE 22
Entrance and ramifications
1. Without an authorization of the institution, owner of the road, there can not be defined entrances and other new road ramifications to the lands or side objects either new links with roads of public and private usage.
2. Existing or authorized entrances and ramifications have to be regulated in line with the norms of this chapter.
3. Passing roads have to be distinguished by special signs, after being authorized by the institution, owner of the road.
4. Transformation of existing entrances or ramifications as well as changing of the way of their usage unless a special authorization is issued as foreseen at point 1, are prohibited.
5. Acts for the implementation of the norms of this code foresee cases when the institution, owner of the road may not give an authorization in line with point 1.
6. Whoever has taken an authorization, has to realize and maintain, when it is necessary art work placed at sideline channels without changing both the section of the channel and plan - altimetry characteristics of the road surface.
7. Acts for the implementation of the norms of this code show the way of construction and maintenance of the entrances and ramifications.
28 8. Issuing of authorization for entrances into premises any kind, is conditioned upon realization of parking in line with the existing norms.
9. When some properties are naturally included or as a result of construction or modification of the premises of public usage, in cases when technical regulation of existing roads is impossible as well as in cases when the density of entrances is high, or as long as plan - altimetry characteristics at the part of the road equipped with entrances or ramifications do not guarantee the requirement for a normal and secure traffic, institution owner of the road issues an authorization for entrance or ramification conditioned upon the realization of special works such as road links, crossroads in difference of level and parallel roads even though these works being of interest for the owners make it necessary the creation of joint companies for the construction and maintenance of these works.
10. The Ministry Responsible for the specific activity, defines for each road or for each type of the road that should be taken under consideration with respect to the traffic for two road branches that are crossed, technical characteristics should be adjusted for the realization of entrances and ramifications as well as technical and administrative conditions on which the institutions owner of the road has to be based for issuing the respective authorization. The opening of the entrances along the ramps of crossroads at levels or difference of levels as well as along lanes of acceleration or retardation is anyway forbidden.
11. Whoever opens entries or new branches, or whoever transforms or changes the mode of the usage of the existing ones without authorization of entity, owner of the road, or keeps on using the existing unauthorized entrances, is punished by administrative measures with fines from 10 000 (ten thousand) lek to 40 000 (forty thousand ) leks. The above infringement brings in also supplementary administrative measures to restore the initial state in charge of the author for the infringement and at his own expenses. The supplementary measures are not implemented if the acts committed, can be adjusted through a respective authorization.
The issuing of this authorization doesn’t abolish the administrative fine.
12. Whoever violates other norms of this article and respective acts for its implementation, is subject to the administrative measures with a fine from 2500 (two thousand five hundred) up to 10 000 (ten thousand ) leks.
ARTICLE 23
Advertisements on the road and on the road vehicles
1. Along the roads and visible places that can be seen by vehicles crossing the road, it is prohibited to put signs, slogans, advertising equipment facilities etc. that by its proportions, forms, colours, viewing and place may cause confusion with road
29 signalling or make perceiving, distinction of its efficacy difficult and create visual troubles or draw the attention of the road users, thus threatening the traffic security. In any case, such facilities must not create obstacles or anyhow difficulties for the movement of the handicapped. Also prohibited are stands (boards) and other brightening means of advertisement, that may cause blindness to the road vehicle drivers. In the traffic islands on the crossroads, the placing of every sorts of different installation against the fixed road signalling is prohibited.
2. The placement over the road vehicles of writings or brightening or reflective advertising signs is allowed only under the conditions foreseen in the existing acts and in the norms of this code, in order to exclude every blindness threat or confusion by the drivers of the other vehicles.
3. Along the roads, in the premises or in the vicinity of protected places, because of their natural and landscaping beauties or over buildings or places of historical and artistic values, the erection of stands and other advertising means is prohibited.
4. For placing of stands or other advertising stands along the road or in visible places from the road, it is required the authorization of the road owner, issued, by abiding by these norms. In the interior of the inhabited centres, the competence belongs to the communes and municipalities, which are obliged to get the technical approval of the road owner, when the road belongs to the state or to the district.
5. When the stands or other advertising means are visible from another road, and belonging to other road owner, the authorization is conditioned by preliminary approval of the later. The stands or other advertising means, placed along railway lines and when are visible from the road, are subject to this article and their placing is done by the authorization of the railway establishment, having prior approval by the road owner.
6. The existing acts of this code define the norms concerning proportions, characteristics, places of the advertising means along the roads, the parts pertaining to the road and petroleum stations.
7. It is prohibited every kind of advertisement along or visible from international itineraries, highways, main interurban roads and their entries. In these roads, it is allowed only the advertising in servicing and parking zones, when for this the authorization is taken by the road owner and when this advertisement is not visible from the road.
8. Prohibited is also every advertising from over road vehicles, that has a content, meaning or an aim contrary to the norms this code.
9. The adjustment of the existing advertisements with the norms of this code after the latter’s entering into force, is envisaged in the existing acts.
30 10. The Ministry Responsible of the specific activity, may distribute to the road owners instructions for the implementation of the provisions of this article and acts and also may order, through its organs, the control of compliance with these provisions.
11. Whoever violates the provisions of this article and the existing acts as well as the foreseen conditions for these authorizations, is fined with a sum from 25 000 (twenty five thousand) up to 100 000 (one hundred thousand) leks and supplementary administrative measures are taken, which oblige the author of infringement to remove, with his expenses, all acts, stands, slogans and every type of facility or advertising form.
ARTICLE 24
The parts belonging to the road.
1. Parts belonging to the road are the parts of the road precisely destined for its functional servicing or its equipping.
2. Parts belonging to the road are regulated by the norms of this Code and the existing acts; they are divided respectively into utilization and servicing parts.
3. Utilization parts are considered the integral parts of the road or those fixedly placed at the road body.
4. Servicing parts are considered also the servicing zones with respective objects for the supply or resting of the users as well as parking zones, zones and buildings for road maintenance or exclusively and continuously destined by the road owner to serve the road and its users. The parts of the road service are defined by the road owner on the basis of the existing acts of this article and in a way that do not prevent the traffic or limit the viewing.
5. the parts that belong to the road, formed by the service zones, parking zones and buildings destined for recreation, might be given with concession to third parties, according to the rules determined in the applying acts.
6. Whoever places or puts into use the facilities or objects without the respective permission of the respective authorities, as envisaged in Article 26 of this code, or transforms or changes the way of their usage, envisaged by the above mentioned permit, is punished by an administrative measure with a fine from 5000 to 20.000 leks.
7. Whoever infringes the above-mentioned permit is punished by the administrative measure with fines from 2500 up to 10,000 leks.
31 8. The above violations result in supplementary administrative measures, with the obligation to remove the facility or the objects set up without permission, in charge of the author and at his own expenses. The violations, under point 7, bring as a consequence supplementary administrative measures of the suspension of the activity exercised up to the implementation of the breached conditions. The restoring of the normal state doesn’t exclude the payment of the administrative fines, envisaged in point 7.
ARTICLE 25
Passage through and the use of road zones
1. It can not be carried out, without the preliminary permission of the road owner, the passage through and the use of the road zones and of its integral parts, such as water channels, water pipelines, electric lines and air or underground telecommunication underpassings or overpassings, gas pipelines, liquid fuel deposits or other facilities or art works that anyway may harm the road ownership. The above-mentioned objects, should be located in such a way that the use or their maintenance do not hinder the traffic of the vehicles on the roads, allowing for the entry from the respective belts.
2. The permissions are issued only when it is necessary and this entails a preliminary technical verification through competent authority, under Article 26. Whoever, does not meet the foreseen conditions, is fined from 2500 leks up to 10 000 leks.
3. Municipal wastes bins of every kind and nature, must be placed in such a way that they do not threaten or prevent the traffic.
4. The applying acts define the norms for the passage and the use of the road zones.
5. Whoever builds a facility or object, as envisaged in Point 1 or changes the way of usage or exercises the activity without permission, is punished by administrative measure with fine from 50 000 ( fifty thousand ) to (two hundred thousand ) 200 000 leks.
6. Violations envisaged in points 2 - 5 bring about as a consequence supplementary administrative measures of the suspension of e every activity up to the implementation of the conditions violated, with the obligation of the removal of the facilities and premises built without permits always at the expenses of the offender party.
ARTICLE 26
The competences for authorizations and concessions
32 1. The authorizations according to this Chapter are issued by the road owner or by any delegated person or establishment as concessionaire of the road, in accordance with the respective contract; The delegation is made known to the Ministry covering the specific activity or to the competent organ of local authorities as far as the local establishment is concerned.
2. Authorizations and permits according to this Chapter, are the competence of the road owner, while for the roads in concession it is acted according to the respective contract.
3. For the parts of state roads, of districts or of communes which pass into small inhabited centres, the issue of the authorization or permit is a competence of the commune, after being approved by the road owner.
4. Installation on roads and parts belonging to it of railway lines, pipes and other channels, destined for public use, or also only penetration of the road and of its parts together with the above - mentioned objects, is authorized, only in necessary cases where technically it is impossible every other solution, by the order of the Ministry covering the specific activity and the road owner or by agreement with the Ministry of Defence, as far as the military roads is concerned.
ARTICLE 27
Formalities for issuing of the authorizations or concessions
1. The direct demands to be issued with the authorization or concessions, under this Chapter are addressed to the General Directorate of the Roads, concerning state roads or highways. As for roads in concession, the demand is directed to the concessionaire establishment, which undertakes to transmit it together with its inputs, to the General Directorate of the Roads, when the concessionaire contract doesn’t allow to the concessionaire to issue by itself these authorizations or permits.
2. The demand for authorizations and concessions for non-state roads is addressed to road owner.
3. The demands are accompanied with the respective technical documentation and the demanding party expressed commitment to meet all the expenses related to the consideration and the necessary investigation on the spot by depositing before hands the guarantee in cash.
4. The decisions for giving concessions or authorizations envisaged in this Chapter must be in line, for every case, with the rights of the third persons concerned. These decisions should have the obligation of the concessionaire or the authorization of the
33 receiver to repair the eventual damages that come as a result of the work, occupation of the site and authorized deposits.
5. The decisions for granting concessions or authorizations envisaged in this Chapter, that can be renewed after the end of their term, contain terms and instructions of technical or administrative character of which they are subjected to, the sum of money necessary to occupy the territory and to use it upon receiving authorization as well as the time duration that any way can not pass 20 years. The competent authorities as defined in Articles 11 and 12 can annul or modify it at any time, when reasons of public interest or maintaining of the road security are made known without having any obligation for compensation.
6. The time duration of the occupation of the road site for installation of public services is fixed, according to foreseen finalization of the works.
7. The sum of money necessary for the occupation of the roads and of its parts, can be fixed by the road owner in the form of an annual payment or a single payment.
8. To determine the amount to be paid, it must be taken into consideration: the consequences on the roads or highway, when the authorized activity constitutes the main objective of the enterprise, the economic value deriving from acquiring the concession or authorization as well as from the advantages of the user.
9. The competent authority issuing the authorization and concession may require the depositing of a guarantee in cash.
10. Whoever undertaking to carry out works can occupy sites or depositions that relate to roads and highways and their parts, for which a respective authorization is issued, and must keep at the site of the works, occupation of the sites or deposition, a copy of this authorization which he is obliged to transmit to functionaries, officers or policemen, as shown in Article 12, at the latter’s request.
11. For violations of the provision of point 10, the author is punished by administrative measure with fine from 10.000 (ten thousand) to 40.000 (forty thousand) leks as well as with supplementary administrative measure of the suspension of the works. In any case, when the presentation of the authorization is refused or its absence is proved, the suspension is final and brings as a consequence the supplementary administrative measure, with the obligation of the offender to restore the state at his own expenses.
ARTICLE 28
Concessionaires for carrying out specific services
34 1. The license of railways, trolley buses, funiculars, electric-telephonic lines, being on the surface or underground, of oil and gas pipelines, of drinking water supply or gas, and also of the service for collecting the city’s sewage and those of the services having to do with the road, are obliged to respect the conditions established by the road owner in order to maintain the road and secure the road traffic. As far as the facilities (plants) that belong to transport services is concerned these conditions are reported to the Ministry covering the specific activity and to the competent district.
2. When for road needs, it is necessary to remove, change or displace the facilities shown in point 1, the respective expenses are taken in charge by the license (concessionaire) and respective works should be carried out within the deadline fixed by the road owner. When the deadline is not respected, then the road owner might carry out the necessary works himself and the expenses are to be met by the concessionaire. The latter is obliged to make up for all the consequences emerging from the delay of the execution of the works and also to respond according to respective sanctions, foreseen by the road owner.
ARTICLE 29
The harvests and fences
1. The owners that border on the road, are obliged to keep the fences in such a way so that they do not narrow or damage the road or the highway and are obliged to cut the branches of the trees or crops that extend beyond the road border and hide the road signs or make not possible their reading from the distance and from necessary viewpoints.
2. When because of the bad weather or any other reason, trees or branches of whatever proportions and type fall on the roads, their owner is obliged to clear them out within the shortest possible time.
3. Whoever violates the norms of this code, is punished by administrative measure with fine from 10 000 ( ten thousand) to 40 000 (forty thousand) leks and the supplementary administrative measure is imposed that obliges the offender (violator) to repair with its expenses the damaged places or to remove the abusive works.
ARTICLE 30 Constructions, walls and protective works.
1. Constructions and walls of whatever kind that are near the roads, should be well maintained in such a way so that they do not threaten the public security and do not cause damages on the roads and their parts.
35 2. Apart from the decisions that may be issued in extraordinary and emergency cases by the chairman of the Municipality or of the Commune to maintain the public security, the competent organ of local authorities after drawing the opinion of the road owner or the road concessionaire, may order the demolition or reinforcement of the walls and constructions which risk to be destroyed, at expenses of the owner of the building or wall, that risk to be collapsed, in case the latter, though being warned, has not taken the steps for carrying out of the needed works.
3. In the case of not fulfilling of the obligation in due time, the competent authorities, according to the norms of Point 2, take the necessary measures for the demolition or reinforcement, by charging the owners with meeting all the expenses for this purpose.
4. Construction and repair of the protective works along the roads and highways, when they serve only to protect and keep the site close to the roads are taken in charge by the owner of this site, if these protective works aim at protecting the road and highway, then the expenses will be born by the road owner.
5. The expenses are divided according to respective aid, when the work serves simultaneously to the road and owners bordering on the road. Sharing of expenses is done by a decision of the Ministry of Public Order and Transport, on the proposal of the respective office of the General Directorate of Roads, for state roads and highways and in other cases by a decision of the District Council, on the proposal of the competent technical office.
6. The building of the protective works that serves solely to protect or sustain adjacent properties to the road, which are necessary during the construction of new roads, is in charge of the establishment, owner the road; the owner of the road is obliged to meet the necessary expenses of the maintenance and reconstruction of these works.
ARTICLE 31
The maintenance of the road sides.
1. The owners of the site close to the road should maintain the road sides, be it a lifted road or a deepened one, in order to prevent the fragmentation or slipping of the road body, where there are included protective works which is referred to in Article 30; they should put necessary obstacles on road sides and on the parts belonging to them, so that the fall of stones or other materials on the road could be prevented. The necessary maintenance work, must also be carried out, when it is needed, and the actions that may cause the above-mentioned occurrences, should be avoided.
2. Violations of the above depositions result in supplementary administrative measure which forces the offender to repair damaged places at its own expenses.
36 ARTICLE 32
Circulation of waters
1. Those who have the right to pass the waters into the road ditches are obliged to look after the ditches and in case of damage, to compensate the road owner by meeting the needed expenses for the maintenance of the ditches and the repair of possible damages that are not caused by other parties.
2. With the exception of cases envisaged by Article 33, those who have the right to penetrate the roads with pipes or water channels, are obliged to build and maintain bridges and art works, necessary for passing the waters or water pipes; they must also carry out and maintain the other art works that are or will be indispensable to exercise the permit taken and avoid also the damages to the roads, that come as a result of exercising this permit. These works must be build, under the technical conditions, attached to the permit issued by the road owner and under the supervision of the latter.
3. The irrigation of the sideline lands should be carried out in such a way that the waters do not fall over the road and to do not pass across it or on its parts in order to avoid every kind of damage to the road body and every kind traffic risks. All the road owners alongside the road should obey to this rule, according to which the irrigation is done.
4. The road owner, in case the subjects mentioned in point 1 and 2 do not meet their obligations, orders the construction of the necessary works to achieve the aims, mentioned in the above - mentioned points. In case of non – compliance with the rules, the owner of the road take steps to carry out these works, by charging these subjects with bearing the respective expenses.
5. In the same way does operate also the competent body of local authorities with respect to the obligations shown in point 1, when they are not met willingly by the obliged person.
ARTICLE 33
Artificial channels and the art works above them.
1. The owners and the users of the artificial channels in the vicinity of the road border are obliged to apply all the due measures of technical character to prevent the pouring of waters into the road body and every damage caused by them on the body and the belts pertaining to the road.
2. The obligations for the maintenance and rebuilding of the existing art works of the road over the artificial channels are to be met by the owners and by their users, except
37 for when it is proved the existence of these channels before the construction of the road.
3. The existing art works with wooden structure over the artificial channels that penetrate the road, must, during their reconstruction be made with wall structure or reinforced concrete of iron or mixed compounds, according to instructions and technical conditions of the road owner, in accordance with the permitted loads on this road. In this provision are not included the art works, located in military areas and which for which is acted otherwise.
4. Reconstruction of the art works of wooden structures and according to above- mentioned points, is obligatory for the persons or users of the waters and it is done at their own expenses:
a) when the roads penetrated by artificial channels have to be moved or widened (extended). b) when, according to the judgment of the owner establishment the art works do not possess the required security.
5. The above - mentioned owners are also in charge of the maintenance of the redesigned art works.
6. In case of the expansion of the art works of any other kind, and in order to enable the widening of the road, the respective expenses are the responsibility of the road owner, whereas the expenses for the maintenance of the entire art work remain in charge of the owners, possessor, or users of waters.
7. Whoever violates the provisions of Article 30, point 1 is subject to administrative sanctions with fine from 25 000 to 10 000 leks. Whoever violates the dispositions of Articles 31, 32 and 33 is fined with 10.000 up to 40.000 leks.
ARTICLE 34
Additional obligations for adjusting the road infrastructures to the load-transport vehicles
1. The loading-transporting vehicles referred to in Article 54 point 1, letter “n” , should be equipped, for traffic purposes, with distinctive signs proving that additional payment has been made to compensate for the consequences from the use, that is equal to the amount of the annual registration tax.
2. For the movement on highway of the loading-transporting vehicles, an additional sum for the compensation for the use should be paid to the owners or concessionaires. This
38 sum is equal to the highway tax for the vehicle in normal condition, increased by 50% and must be paid together with the normal tax at the highway gates.
1. The incomes from the compensation tax are disbursed into a special item of the state budget revenues.
3. The existing acts foresee the ways of the revenue distribution, which are made reference to point 3, to the road owners, that use them exclusively to cover the expenses of the works related to the reinforcement adaptation and the use of infrastructure.
4. If the load-transport vehicle moves without the distinctive sign mentioned in point 1, the driver of the vehicle is punished by an administrative measure with fine from 500 (five hundred) to 2 000 (two thousand) leks.
HEADING 2
THE ORGANISATION OF ROAD TRAFFIC AND SIGNALLING
ARTICLE 35
Competences
1. The Ministry covering the specific activity is competent for issuing instructions for the organization of traffic and the respective road signalling, after drawing the opinion of the Ministry of Health for the aspects pertaining to its competences, for the entire roads, excluding only those for military use, for which the competences are in the hands of the commander of the military region. It determines also the criteria to be based on by the road owners with respect to traffic planning. The above -mentioned instructions and criteria will be announced within 1 year from the date of the approval of this code.
2. The Ministry covering the specific activity is authorized to adjust through respective orders, the applying norms and acts of this code, in accordance with the directives of the European Community and International agreement in this field.
3. The Directorate of the Road Traffic and Cecurity in the Ministry covering the specific activity charges the Institute of Transport Studies with preparing the criteria on the road traffic and signalling in compliance with the points 1 and 2 of this Article.
39 ARTICLE 36
Traffic plans for urban and interurban roads
1. Municipalities with a population of over 20. 000 inhabitants, are obliged within 6 months from the date of entry into force of this Code, to work out the urban plan of traffic and road signalling trough the Institute of Transport Studies based on the criteria and instructions issued by the Ministry covering the specific activity. Other municipalities and communes draft the traffic and signalling plans through their transport departments and have them endorsed by the Institute of Transport Studies within the above deadline.
2. The Ministry covering the specific activity, within 12 months from the date of the approval of this code shall endorse the interurban plan of the traffic of the vehicles for the National main axis, drafted by the Institute of Transport Studies.
3. The Directorate of Road Traffic and Security in the Ministry covering the specific activity charges the Institute of Transport Studies to define the criteria on the road traffic and signalling in accordance with points 1 and 2 of this article.
ARTICLE 37
The installation and maintenance of road signalling
1. Installation and maintenance of road signalling, excluding the cases for special signals, envisaged in the respective acts is the responsibility of: a) road owners, outside the inhabited centres; b) municipalities and communes, within the inhabited centres, including here also the signals that show the beginning and the end of the inhabited centre, even when the signals are over the road, not belonging to municipalities or communes; c) municipality and communes, for the private roads being allowed for public use and local roads; d) the owner establishments only for the signals that are related with the structural or geometric characteristics of the road. The other signals are within the commune competence.
2. Establishments, entities mentioned in point 1, authorize the installation of the signals pointing to the location of the road service, by including also the road signals to the places of emergency which are under the responsibility of these entities. Placement and maintenance of the above signals are the responsibility of those who have provided them.
40 3. Against the orders and decision which that oblige or authorize putting in place of the road signals, complaint is lodged at the Ministry of Public Works and Transport within30 days.
ARTICLE 38
Road signalling
1. In the road signalling are included the following groups.
a) vertical signals b) horizontal signals c) brightening signals d) supplementary signal and equipment
2. The user of the road should respect the conditions, indicated by the road signals as well as the other traffic rules. The instructions of the signals of semaphores excluding those of the yellow lights indicating danger, which are referred to in Article 41, have priority over vertical and horizontal signals, that regulate the priority. The instruction of the vertical signals has priority over horizontal signals. In any case the priority is given to the signals of traffic police according to Article 43.
3. The temporary placing of the road signals for urgent and in appropriate cases, is allowed, when the previous signals come out of force based on the provisions of points 6 and 7.
4. Everything foreseen by these norms and by the existing acts for the road signalling outside the inhabited centres, is applied also in the roads within the inhabited centres.
5. In the existing acts attached to this Code are foreseen, for each group according to point 1 special signals, signalling systems or means, and also their denomination, meaning, types, technical characteristics (form, proposition, sizes, colours, materials, reflection, lightening) marking ways, placement and using ( height and distance), the technical utilization norm and obligatory cases. Besides these, are also shown the illustrations of every special signal and clarifying comments about their meaning and about the way of behaviour of the users on the road. The signals are put in such a way that they do not constitute an obstacle to the movement of invalids.
6. The establishment of road signalling responds to the criteria of uniformity over the territory of the Republic, which are fixed in the acts according to point 5, thus abiding by the existing norms of the European communities and international ones.
41 7. Road signalling must be maintained in perfect efficiency on the part of the entity charged with putting it into operation and should be substituted, repaired or moved when, even partly, it is invalid or when it doesn’t respond to the aim it serves to.
8. It is prohibited establishing on a signal of whichever group as well as on the back part or on its stand, of everything that is not envisaged in the existing acts.
9. In the existing acts are fixed the reserved spaces for installation of the signalling complexes of driving, in crossroads or close to the roads.
10. The places of the obligatory use of the road signalling include the roads of public use and all the roads belonging to private persons, which are opened for public use. In private zones that are not opened for public use, the putting up and the use of signalling should be done according to the instructions described in the existing acts.
11. For special requirements of the military traffic, in the roads for public use, the putting up of military road signalling is permitted, with various modes of stopping locations, whose norms are fixed in the existing acts. The road owners are obliged to allow the temporary or permanent installation on the road of signals, considered as necessary by military authority for the traffic of their vehicles.
12. Various subject that are not road owners and infringe upon the provisions of points 7, 8, 9 and 10 are punished by an administrative measure with fine from 10 000 (ten thousand ) to 40 000 (forty thousand) leks.
13. Against the road owners that do not meet the obligations of this Article or the existing acts or do not properly use the envisaged signalling, the Ministry covering the specific activity, orders the fulfilment of the respective obligations. In case of non- compliance, within fifteen days from the issue of the order, the Minister of Public Works and Transport takes necessary steps to fulfil these obligations by charging to the road owners with meeting the respective expenses.
14. The violation of the provisions of this Article by road users is sanctioned by Article 144.
ARTICLE 39
Vertical signals
1. Vertical signals are divided into the following categories:
A) The signals of danger: warn of the presence of the dangers, show the nature of the dangers and oblige the drivers of the vehicles to be cautious; B) Regulatory signals: indicate the obligations, haltings and limitations, the users of the roads have to be subject to. They are divided into:
42 a) signals of priority; b) halting signals; c) signals of obligation;
C) The guiding signals provide the road users with the necessary and useful information as a guide and also to identify certain zones, itineraries, services and plants (facilities); They are divided into :
a) warning signals; b) directing signals; c) assertive signals; d) identifying road signals; e) itinerary signals; f) signals of inhabited centres; g) signals of the road names; h) tourist signals of territory; i) other signals providing useful information for directing the vehicles; j) other signals pointing to facilities and services locations
2. The existing acts determine the forms, proportions, colours and symbols of vertical road signals and the ways of their installation and utilization.
3. For different subjects, that are not road owners, but violate the provisions of this Article and those of the existing acts, applies point 13 of Article 38.
ARTICLE 40
Horizontal signals
1. Horizontal signals marked on the roads, serve for regulating the traffic, for guidance to the users and for providing the instructions and also useful indications for special behaviours to be followed.
2. The horizontal signals are divided into: lengthy lines; transversal lines; pedestrian bicycles passings; heading arrows; writings and symbols; bordering lines for halting locations or reserved stoppages; traffic islands or preliminary signalling for obstacles inside the lines carriage way;
43 bordering lines of the halting stations of the public line transport vehicles; other signals envisaged by the existing acts
3. Lengthy lines may be continuous or uninterrupted. The uninterrupted lines, with the exception of those that border on the emergency lane, show the impassable border of a moving lane or of a carriage way, while the uninterrupted lines restrict the moving lane or the carriage way.
4. A lengthy and uninterrupted line may be placed close to an interrupted one: in this case they indicate to the drivers of the vehicles moving on the right of the interrupted line that they can pass these lines.
5. A transversal ( indirect ) and continuous line shows the border, in front of which, the driver of vehicles is obliged to stop the vehicle in order to respect the semaphore signal, the signal “halt and give priority”, the signal “passing on the level” or the signal of the staff that carries out the road police service.
6. An interrupted transversal line shows the border in front of which the driver of the vehicle is obliged to stop the vehicle in order to respect the signal “give priority”.
7. In the existing acts are defined the norms concerning the forms, proportions, colours, symbols and characteristics of horizontal road signals and also the mode of their use.
8. The lengthy uninterrupted lines must not be surpassed. It is prohibited to surpass the lengthy and uninterrupted lines, except when passing on the side of the lengthy interrupted line, where the latter is close to the uninterrupted one.
9. Sidelines of the road may be surpassed only by the vehicles of public service, or vehicles that have to halt in emergency cases.
10. It is prohibited: a) the halting at the carriage way, whose sides are distinguished by a uninterrupted line; b) the movement over the lengthy lines, except when the lane is changed. c) traffic of unauthorized vehicles in the reserved trackings (lanes);
11. On the pedestrians passages the drivers of vehicles, must give priority to the pedestrians who have started to pass. The passages of the pedestrians must be always passable also for the wheeled - carriages of invalids.
ARTICLE 41
Brightening signals
44 1. Brightening signals are divided into the following categories: a) danger and guiding wing brightening signals; b) pointing brightening signals; c) normal semaphore lantern for vehicles; d) tracking semaphore lantern for vehicles; e) semaphore lanterns for vehicles of public transport; f) semaphore lanterns for pedestrians; g) semaphore lanterns for bicycles; h) semaphore lanterns for vehicles with double - tracking; i) the yellow glimmering semaphore lantern; j) special semaphore lanterns; k) special brightening semaphore;
2. The normal semaphore lights for vehicles with a round form and with colour: red, which means halting; yellow which warns of the halting; green which means free road;
3. Semaphore lanterns lights of tracking destined for road vehicles, have the form of a coloured arrow in a black background - the colours are red, yellow and green; the meaning is the same with that of point 2, but applies only for vehicles that move in the directions shown by the arrow.
4. The semaphore lanterns lights for vehicles of public transport, have the form of the white ribbon in a black background, horizontally it means halting, vertically or leaning on the left or on the right, means a free road or respectively turn left or right, and also a yellow triangle in a black background means warning of halting.
5. The passages equipped with semaphores for the pedestrians might be equipped with a vocal signalling for the blind. The semaphore lantern lights for pedestrians has the form of a coloured pedestrian in a black background. The colours are:
a) red, that has the meaning of a halt or doesn’t allow the pedestrians to pass or occupy the carriageway; b) yellow, having the meaning of clearing out of the pedestrians passage and allow those who happened to be within the passage to empty it as quickly as possible and stop those that are in the pavements, to enter the carriage way; c) green, that has the meaning of the free road and permits the pedestrians to pass the carriage way only in the direction of the green light.
6. The semaphore lantern lights for bicycles have the form of the coloured bicycle in a black background; the colours are read, yellow and green; the meaning is the same with that of point 2, but applies only to bicycles that come from a bicycle tracking.
45 7. The semaphore lantern lights for tracking with double moving sense are: red and in X - form; meaning halting of the passage in trackings of the passage under the light; green which means allowing the passage in the trackings or occupying of the passage under the light.
8. During the period when the yellow light is switched on, the vehicles can move in all directions allowed by vertical and horizontal signals; in every case the vehicles can occupy the crossroad junction zone, if the drivers of the vehicles are not sure whether they may clear it before the red light switches on; the drivers of the vehicles must always give priority to pedestrians and bicycles, to whom meanwhile the green light is given; the drivers of the vehicles on the crossroads in level must give also priority to vehicles that come from the right side and vehicles of the traffic current to which they are entering to.
9. During the period when the yellow is switched on, the vehicles can not surpass the respective signs of stoppage, as is mentioned in point 10, except only when they are so close to those signs at the moment of switching on of the yellow light, so that it is impossible to break safely without surpassing these signs; in this case the drivers of the vehicles must come out with caution from the crossroad zones.
10. During the period when the red light is on, the vehicles can not pass the line defined for stoppages; in the absence of these lines the vehicles must not occupy either the crossroad zone or the passage location of the pedestrians as well as pass the signals as long as they do not see its indications.
11. The lightening of the semaphore lights of the tracking for vehicles or the lightening of semaphore lights of vehicles for public transport has the same meaning with the lightening of the normal semaphore lights, but in this case applies only to the vehicles that should pursue the direction shown by arrows, as a consequence the drivers of these vehicles should abide by the provisions as at point 8,9,10.
12. In the case, when the semaphore light for the pedestrians or that for bicycles are off or the indications are not in order, the pedestrian or the cyclist is obliged to exercise caution with respect to the directions for which the lights are on and permit the passage of vehicles that are interrupted with their trajectory of passage.
13. During the time when the green, yellow or red lights are switched on in a bicycle form, the cyclist must act in the same way as the drivers of vehicles, when the semaphore lights are on for normal vehicles, which are referred to in points 8,9,10.
14. In the absence of semaphore lights for bicycles, the cyclists should act in crossroads having semaphores in the same way as pedestrians.
15. During the period when lights of the semaphore lanterns are switched on for double - moving trackings, the drivers of the vehicles can not move in these trackings or enter into the zone that is under the red light in a X-form; they can move into
46 trackings or enter the zone under the green light in the form of arrow turned downwards. Anyway, it is not allowed stopping before the lights of the semaphore lanterns for double - moving trackings, even when the light is red in a X- form.
16. In the presence of the yellow light with lamp, as shown in point 1, letter ‘i’, the vehicles can move but with a moderate speed and special caution respecting the norms of priority.
17. When any breakdown happens or for other reasons a semaphore light for vehicles is off or gets confused, the drivers of vehicles are obliged to act with a great caution and with a minimal speed even if in other directions, the light permitting the passage of vehicles are switched on.
18. In the existing acts are defined the forms, characteristics, proportions, colours and lightening signals, and together with them also the ways on how the road users should behave and what position to keep in various situation with the signals.
ARTICLE 42
Additional signals
1. Supplementary signals are destined to show: a) road management (administration ); b) special bends and critical points; c) obstacles to the road or to the road sides;
2. Also supplementary signals are also the systems intended to impede stoppage and to slow down the speed.
3. The existing acts define the forms (measures), proportions and symbols of supplementary signals, their constructive features and the way of their installation.
ARTICLE 43
Signalling of traffic policemen
1. The road users are obliged to abide by the signals of the policemen destined for traffic regulation.
2. The instructions given through signals by policemen, annul whatever other instructions, provided for by road signalling and the traffic norms.
3. The signals of the policemen are especially:
47 a) the horizontally erected arm indicates “Be careful, stop” for all the users, with the exception of the drivers of vehicles that are not capable to stop in sufficient conditions of safety; if the signal is given in a crossroad (junction), it doesn’t mean stoppage for the users of vehicles that have already entered it. b) The horizontally extended arms or arm indicate “Stop” for all those users that come from directions, which are intersected with the direction shown by the arms, while for those coming from the same direction with the direction of the arms, this signal means “free road”.
4. After the signalling of the point 3 the policeman can lower the arm or the arms; the new position shows the same thing “stop” for all the users of the road who are in front of the policeman or behind him, while for those being on his side, this signal means that “the road is free”.
5. The policemen, for requirements that are linked with the traffic flow or security, can also increase or slow down the speed of vehicles, stop or turn back groups of vehicles or certain vehicles, and give also special orders to solve difficult situation, even when this runs contrary to the existing signalling system or when runs contrary to the norms of traffic.
6. In the existing acts are defined other signals that are necessary for the regulation of traffic, as well as ways and means which make easier the recognition and the viewing at distance, at day or night, of the traffic policemen and of their signals, as well as through special distinctive signals.
ARTICLE 44
Level crossing
1. Near the railway level passings with obstacles, on the right side of the road, may be placed a signal with a red fixed light, at the expenses and under the care of the railway manager, who warns in due time of the closure of obstacles, and that is equipped with another acoustic signal. The lighting or acoustic systems, are obligatory with regard to manoeuvrable obstacles at distance or which are not visible from the place of manoeuvres. Irons, metallic tubes or other means serving in the same way as closing means are considered barriers.
2. Near the railway level crossing with half-barrier must be placed on the right of the road under the auspices and with the expenses of the manager of the railway, a lighting board with two red lights, which alternate the lighting among them and function at the time when the closing of the half-barriers is to be warned of being linked with an system of acoustic signals. Half-barriers can be placed only in the case when the carriage way, where the vehicles pass, is divided into two different moving directions
48 from the impassable traffic separators, which are extended along the appropriate length. The passages on the level over the roads with unique direction, equipped with barriers that occupy all the road only in its entrance, are considered as passage on level with half-barriers.
3. In the existing acts are defined the obligatory vertical and horizontal signals and signalling of the passages on level as well as the characteristics of vertical, lighting and acoustic signals, and also surfaces, minimally lightened, of the barriers, half- barriers and of the easels (trestles) that are put up in case of breakdown.
4. The indispensable works to secure the viewing of the railways have servicing character to the benefit of the public.
ARTICLE 45
Uniformity of the signals, the means of regulating and controlling and approximations
1. The production and the installation of the road signals, not envisaged by this code, and the acts with respect to its implementation are prohibited.
2. The Ministry covering the specific activity, orders the private establishments, (entities), concessionaires, managers of the roads, the municipalities, communes, districts, enterprises or authorized persons charged with the installation of the road signals, to replace, remove, put way, correct, within fifteen days, every inappropriate signals in terms of characteristics, the way of choosing symbols, placing method and location where it is installed. This happens when they are not foreseen in the Code or in the respective existing acts and make a signal not suitable, which might produce disorders or confusions in the road to other signals. Also the road signals must be placed where they are absent.
3. When the deadlines foreseen in point 2 have passed, the movement, substitution, placing, displacement and corrections of everything needed for regulating the road signalling, is carried out by the Ministry responsible for the respective activity at the expenses of the road owners entities.
4. For the signals that point to the installations or services put in place by authorized subjects, the road owner entity, may inform when it is needed, these subjects for about reintegration, immediate displacement or removal within 10 days, of the signals that are not in accordance with the norms, according to point 2, or are only partly damaged, or do not respond to the local conditions and may disturb or confuse the visibility of the other road signals. With ending of the deadline defined in the communication, the road owner entity acts on its own at the expenses of the violator.
49 The competent body of local authorities, at the request of the road owner entity orders the payment by the violator. The order of this body is irrevocable.
5. In the existing acts are defined the signals, systems, apparatuses and other technical means for the control and regulation of the traffic as well as those acts of automatic verification and identification of the violations of the traffic norms and materials that in terms of their production and distribution are subject to approval and the homologation (approximation) from the Ministry covering the respective activity by verifying beforehand the geometric, photometric, functional, characteristics and every other necessary things.
6. Whoever violates the norms of point 1 and the respective existing acts is punished by administrative measure with fines from 25 000 (twenty five thousand) to 100 000 (one hundred thousand) leks.
7. The production of road signals is permitted only by the enterprises licensed by the Ministry covering the specific activity under Article 35, point 3, which, through a special service, envisages the verification of technical, professional requirements and the use of appropriate atrecatures that are shown in the existing acts.
8. Whoever that, in an abusive way, produces or sells signals, systems or apparatuses, under point 5, not homologued (approximated) or not suited with the homologue prototype, when this act doesn’t constitute a crime, is punished by a administrative measure with fines from 50 000 to 200 000 leks. This violation is accompanied by a administrative measure of the confiscation of the infringed objects.
CHAPTER 3
ROAD MEANS
HEADING 1
ROAD MEANS IN GENERAL
ARTICLE 46
The definition of road means
50 1. According to this code, road means are considered all kinds of means that moveon the road and that are driven by people. Are not considered road means those used by kids or disabled people which, even if they may have an engine, are not exceeding the limits provided for in the existing acts.
ARTICLE 47
Classification of road means
1. Means, according to the purposes provided for in this code, are classified as follows;
a) means which move by hands power; b) means drawn by beast of burden; c) bicycles; d) sleighs; e) motorcycles; f) motor traction means; g) motor vehicles; h) trolley buses; i) trailers; j) agriculture machines; k) technological machines; l) special road means.
2. Means with engine and their trailers according to point 1, letters “e”, “f”, “h”, “g”, “i”, and ‘I’ are also classified according to the international categories as follows: a) - category L1: means with two wheels, the cylinder capacity of which ( where is the case with combustion motors) does not to exceed 50 cc (cubic centimetres) and with the projected maximal velocity (for any kind of motor system ) not greater than 50 km/h; - category L2: means with three wheels, the cylinder capacity of which (where is the case of combustion motors) does not to exceed 50 cc and with projected maximal velocity ( for any kind of motor system) not greater than 50km/h; - category L3: means with two wheels, the cylinder capacity of which (where is the case of combustion motors ) does not to exceed 50cc and with projected maximal velocity (for any kind of motor system) greater than 50km/h; - category L4: means with three asymmetrical wheels against axle tree, the cylinder capacity of which ( where is the case of combustion motors) is greater than 50 cc and with projected maximal velocity ( for any kind of motor system) greater than 50 km/h (motorcycle with side car); - category L5: means with three symmetrical wheels against axle tree, the cylinder capacity of which ( where is the case with combustion motors) is
51 greater than 50cc and with projected maximal velocity ( for any kind of motor system) greater than 50 km/h;
b) - category M: means destined for transport of persons and that have at least four wheels; - category M1: means destined for transport of persons and that have no more than eight seats except the driver seat; - category M2: means destined for transport of persons and that have more than eight seats except the driver seat and maximal weight up to 5ton; - category M3: means destined for transport of persons and that have more than eight seats except the driver seat and maximal weight above 5 ton;
c) - category N: motor vehicles destined of goods that have at least four wheels; - category N1 motor vehicles destined for the transport of goods and that have maximal weight not exceeding 3.5 ton; - category N2: motor vehicles destined for transport of goods, with maximal weight over 3.5 ton but not exceeding 12 ton; - category N3: motor vehicles destined for transport of goods, with maximal weight over 12 ton;
d) - category 0: trailers (also including semi - trailers); - category 01: trailers with maximal weight not exceeding 0.75 ton; - category 02: trailers with maximal weight over 0.75 ton, but not exceeding 3.5 ton; - category 03: trailers with maximal weight over 3.5 ton, but not exceeding 10 ton; - category 04: trailers with maximal weight over 10 ton.
ARTICLE 48
Means that move with hands power
1. Means that move with hands power are those means that are: a) pushed or pulled by persons on foot; b) set to motion by muscular power of their driver
ARTICLE 49
Means drawn by beast of burden
1. Means pulled by beast of burden are means which are pulled by one or more beasts of burden and that are divided in: a) means principally destined for transport of persons; b) means principally destined for transport of goods;
52 c) agriculture carts destined only for use in agriculture;
2. Means which are drawn by beasts of burden and that are equipped with slippery and are called sleighs.
ARTICLE 50
Bicycles
1. Bicycles are means with two or more wheels which are set to motion only by muscular action, through pedals or similar systems, and which are ridden by people mounted upon them.
2. Bicycles may not exceed 1.3m width, 3 length, and 2.20 m height. .
ARTICLE 51
Sleighs
1. Movement of sleighs and of all other means equipped with slippery is allowed only where roads are covered with ice or with snow at a needed thickness such as to not to allow the damage of road overlays.
2. Anybody who moves with sleighs in the absence of conditions mentioned in point 1, shall be penalized by an administrative penalty with fines from 250 leks up to 1 000 leks.
ARTICLE 52
Motorcycles
1. Motorcycles are means with motor, with two or three wheels which have the following characteristics; a) cylinder capacity not exceeding 50cc, if it is a combustion motor; b) movement capability on horizontal road with a velocity up to 50km/h; c) single seat which does not allow the transportation of any other person except for the driving person.
2. Motorcycles with three wheels due to their construction, may be used for transport of goods; the total weight with full cargo and gabarit (volume) proportions can not exceed the limits foreseen with special instructions from the Ministry covering the specific activity in compliance with the normative of the European Communities.
53 3. Characteristics, mentioned in points 1 and 2, are construction characteristics of the means. In regulations are defined criteria for the definition of the above-mentioned characteristics and methods for their control, and technical manuals for their verification with actual conditions.
4. Above means, where they exceed the foreseen limits even for one of characteristics shown in points 1 and 2, are considered as motor vehicles.
ARTICLE 53
Traction motor means
1. Traction motor means are means with two, three or four wheels and are divided in:
a) motors: means with two wheels, destined principally for transport of persons, in a number not exceeding two persons including even driving person;
b) motors with side car: means with three wheels principally for the transport of persons, equipped with a suitable side car and able to carry up to four persons including the driving person;
c) motor means for mixed transport: means with three wheels principally for the transport of persons or goods, having at maximum four seats, including that of driving person;
d) motor carriage: means with three wheels destined for transport of goods;
e) motor traction: motor carriages with three wheels destined for traction of semi trailers;
f) motor carriage for special transports: means with three wheels destined for the transport of some given goods or persons in special conditions and are characterized by equipment, permanently with special devices which serve this purpose;
g) motor carriages for special use: means with three wheels and equipped with special devices that hang always over them; in those means is allowed transportation of personnel and materials related to the operational cycle of those devices.
h) auto carriages for special use: means with four wheels destined principally for the transport of goods, with a maximum of one person in cabin except the
54 driving person, which carry out special transports and is used in special cases; the means weight without cargo does not exceed 0.55 ton, excluding the weight of batteries if it has electrical power, able to move in horizontal road with a maximal velocity up to 80 km/h. Construction characteristics are defined in the existing regulations. Such means, if they exceed even only one of the above limits, are considered motor vehicles.
2. Also are considered motor carriages and motor articulated which are: complex of means, composed of one motor traction and of one semi - trailer, destined principally for the transport mentioned in above letters “d”, “f” and “g”.
3. In the existing regulations are defined types of motor carriages which are registered as motor carriages for special transport and for special use.
4. Motor means can not exceed the width 1.60m, 4, 00 m length, and 2.50 m height. Total weight full cargo of such means, can not exceed 2.5 ton.
5. Motor articulated may have a maximal length up to 5m.
6. Motor carriages referred to letters “d”, “e”, “f” and “g” may have up to two seats for persons dealing with the transport, including here the driving person.
ARTICLE 54
Motor vehicles
1. Motor vehicles are means with motor and with at least four wheels, except for motor carriages. Motor vehicles are divided in: a) motor cars: means destined for the transport of persons, that have as maximum nine seats including the seat of the driver;
b) bus: means destined for transport of persons, with more than nine seats, including the drivers seat;
c) motor vehicle for mixed transport: means which have total weight with full cargo not exceeding 3.5 ton when with electrical power or with batteries; are destined for transport of persons and goods with maximal capacity of nine seats, including the driver seat;
d) truck: means destined for transport of goods and persons related to processing or transportation of those goods;
e) traction motor: means destined only for traction of trailers or semi - trailers; f) motor vehicles for special transport: means of transport destined for the transportation of some given goods persons in special conditions and
55 characterized by a permanent equipment with special devices which serves such a purpose;
g) motor vehicle for special use: means equipped in a permanent way with special devices and generally destined for the transportation of such devices; on this motor vehicles is allowed the transportation of personnel and materials that are related to the operational cycle of these devices, and transportation of persons and goods related to the utilization destination of those devices;
h) motor train coach: complex of means composed by two separate units connected together, of which one is for guiding purposes. Only purposes of application of Article 61, points 1 and 2 motor train coaches that have in a permanent way, special devices for transport of goods provided in existing regulations, shall constitute a single unit. In any case, if are exceeded the limit gabarit (volume) measures provided for in Article 61, the means or transportation is considered out of the norms;
i) semi - trailers means composed of a traction and of a semi - trailer;
j) articulated bus: is an autobus composed of two fixed parts connected between them through an articulation mechanism in those type means, passengers of each part, freely move from one part to another. Separation or connection of two parts of the means with each other is carried out only in the repairing workshop;
k) autocamping: means that have special carriage and are equipped in a permanent way , to be fitted with transportation and accommodation of up to seven persons, including the driver.
l) loading - transportation vehicles: means or complex of means that have special equipment for loading and transportation of materials to be used or are product of construction processing and tillage in mines, and materials which during movement fulfil their production cycle. These means or complex of means may be used in transportation which exceed the limits of cargo provided for in Article 62, but not that of Article 10 point 8; in any case they should not exceed volume limits measures (gabarit measure) provided for in Article 61. Vehicles of loading - transportation must be also suitable to be used in construction site or for mixed usage: in the road and outside it.
2. In the existing regulations are foreseen according to their accompanying equipment, types of vehicles that are registered as motor vehicles for the special transportation and as motor vehicles for special use.
56 ARTICLE 55
Trolley buses
1. Trolley buses are means with electrical motor which receive power from the contact electrical aerial line and that move over normal pneumatic tyres. The trolley bus may have even auxiliary combustion motor for movement or may be equipped with batteries to feed up the electrical motor in the absence of power from aerial line of contact.
2. Trolley buses may be divided according to the categories provided for in Article 54 on motor vehicles.
ARTICLE 56
Trailers
1. Trailers are means destined to be pulled by motor vehicles mentioned in Article 54, and by trolley buses mentioned in Article 55, excluding articulated motor vehicles.
2. Trailers are divided in:
a) trailers or semi - trailers for transport of passengers, where are included trailers with at least two axes;
b) trailers of transport of goods;
c) trailers for special transport, according to the respective meaning provided in the letter “f”, Article 54;
d) trailers for special use, according to the respective meaning provided in letters “g” and “h” of Article 54;
e) camping trailers : trailers with one axle established in a distance not more than one meter, which have a separate carriage and are equipped to be used as accommodation (refuge) but only where the means is halted;
f) trailers for the transportation of tourist and sport equipment: trailers with one axle or two axles established in a distance not longer than one meter, which have the necessary equipment for transportation of tourist and sport equipment, like boats, water - planes, etc.
3. Semi - trailers are means constructed in such a way that a part of is to be posed above the motor unit and that a considerable part of their freight is carried by that unit.
57 4. Carriers are additional means which have no more than two wheels and are destined for baggage’s transportation, equipment and other similar like those; are pulled by motor vehicles mentioned in Article 54, point 1, except those mentioned in letters “h”, ”i” and “l” . Carriers are considered constituent parts of motor vehicles when they are within volume limits and of permitted freight provided for in Articles 61 and 62.
ARTICLE 57
Agriculture machines
1. Agriculture machines are machines with wheels or with chains, destined to be used in agriculture and forestry, and may move of the road the same way as other means to go from one work place to another or to transport agriculture goods, etc.
2. According to the movement on the road, agriculture machines are divided in:
a) SELFMOVABLE:
1) agriculture tractors: machines with or without place of loading which has at least two axles, generally destined for attraction, but that serve even for pushing or to set in motion certain mechanisms; may be equipped with devices which are carried entirely or not by the tractor and which are considered as its constituent parts;
2) technological agriculture machines with two or more axles: are machines equipped or destined for use of special devices to carry out certain agriculture activities;
3) technological agriculture machines with one axle: are machines that can be directed from the managed ground by their driver and may be equipped with detachable carrier and destined only for transportation of driver. The total weight of the means must not exceed 0.7 ton, including the driver’s weight.
b) ATTRACTED:
1. technological agriculture machines: are machines for carrying out agriculture operations and for transportation of functional devices and equipment for agricultural-machines works; are means which are attracted by self-movable agriculture machines, except those mentioned in the letter “a” point 3.
2. Agriculture trailers: means destined for freight and attracted by agriculture tractors; may be equipped with needed devices for agriculture works. The total weight of these means with full freight must not exceed 1.5 ton. Trailers are considered as a constituent part of the tractor which attract them.
58 3. To be suitable for the road traffic, sell-movable agriculture machines with pneumatic wheels or a similar system to them, must not be able to exceed the velocity of 49 km/h when they are moving on a horizontal road; agriculture machines with metal wheels, half-pneumatic or with metal chain, provided they have protection cover, and technological agriculture machines with one axle and with carrier for driver, must not be able to exceed the velocity of 15 km/h when they move on a horizontal road.
4. Agriculture machines mentioned in the letter “a” points 1 and 2, and in the letter “b” point 1, may have a maximum of three seats for service personnel, including the driver; agriculture trailers may be used even only for the transportation of the above mentioned personnel provided they are equipped, not on a permanent way, with needed equipment.
ARTICLE 58
Technological machines
1. Technological machines are self-movable or attracted machines, with wheels or chains; those machines are destined to operate on the road and in construction sites and may be equipped with special devices. These means may move on the road to pass from one place to another or to remove things which are related to its work cycle of machine or construction site, according to the restrictions and ways provided for in the existing regulation.
2. Based on purposes of road traffic, technological machines are divided in:
a) machines used for construction and maintenance of construction works or road network or for restoring the traffic;
b) machines that open up the road from snow, or auxiliary machines that distribute sand or the similar things;
c) motor fork and electrical fork: means destined for shifting things.
3. Self-movable technological machines, according to the characteristics they have, may have no more than three seats for the service personnel, including their driver.
4. To be suitable to the road traffic, those machines must be able to exceed the velocity 40 km/h when they move on horizontal roads; while self-movable technological machines with non pneumatic wheels or with chains must not be able to exceed the velocity 15 km/h when they move on horizontal road.
59 ARTICLE 59
Special road means
1. Are considered special road means, means that due to their special characteristics are not included in means categorized from the Article 52 up to the Article 58.
2. The Minister of Public Works and Transport in agreement with appropriate ministers defines with his/her order:
a) categories shown in above articles, where must be included special means according to the purposes of traffic and their direction;
b) technical requests of suitability of those means to the traffic, identifying them according to the criteria of equivalency, with respective requests defined for the above mentioned category of means.
ARTICLE 60
Ancient motorcycles and motor vehicles of historic and collection value
1. Are included in the category of special means, motorcycles, motor vehicles and motor cars of ancient production as well as motorcycles, motor vehicles and motor cars of historical and collection value.
2. Are included the category of ancient production, motor cycles and motor vehicles which are withdrawn from the normal use, as they are destined to be preserved in museums or in public or private premises and which are not allowed to be used because they do not comply with the existing requirements and rules related to the road traffic. Those means are registered in the list the historical centre of the General Directorate of the Road Transport Services.
ARTICLE 61
Limit volume measures
1. With the exception of cases provided for in Article 10 and in other provisions of this Article, any road means including also its freight, must have:
a) maximal width not exceeding 2.50 m, in this width calculation are not included movable mirrors for looking in the back;
60 b) maximal height not exceeding 4m; buses and trolley buses destined for urban and interurban public service lines, are allowed to have a height up to 4.30m;
c) total length, including traction devices, not exceeding 7.50 m for means with one axle and 12 m for odd means with two or more axles.
2. Semi - trailers and articulated means may have, including traction devices, maximal length of 16.50 m, provided that other limits as provided for in legal provisions are respected articulated buses and trolley buses of public service lines for passengers, which move in defined itineraries, may have a maximal length up to 18 m; auto-trains and trolley buses with trailers may have a maximal up to 18.35m, provided that other limits provided by legal provisions have been respected.
3. The length of auto-camping may not exceed 8m, the length of camping trailer, including the traction devices, may not exceed 6.50 m, where they have one axle, and 8 m where they have two axles. The width of auto-camping and camping trailers may not exceed 2.50 m and maximal height from the ground may not exceed 1.8 times minimal distance (on end axle) between the means wheels.
4. Maximal width of transport means, with a controlled regime of temperature, of perishable goods, may not exceed 2.60 m; in calculating that width are not included movable mirrors for back wards looking.
5. For insuring a normal movement on the bend for means or complex of means, the existing regulation define the conditions that should be met by them and the method of control.
6. Means that for special operational needs, alone or together with their freight, exceed limits of volume measures provided for in above paragraphs, may move only as means out of norms or as transports in abnormal conditions.
7. Anybody moving with means or complex of means, including the freight, which exceed limit volume measures provided for in this Article, is penalized with sanctions according to Article 10.
ARTICLE 62
Limit freights
1. General limit weight with full freight of a means, that is composed of the weight of the means itself ready for movement and of its freight, excluding cases provided for in Article 10 and in points 2, 3, 4, 5 and 6 of this Article, may not exceed 5 ton for means with one axle, 8 ton per axle for those with two axles, and 10 ton per axle for those with three or more axles.
61 2. Total weight with full freight of a trailer one axle, may not exceed 6 ton.
3. Excluding cases otherwise provided in Article 104, for odd means with motor with pneumatic wheels which carry out unit average freight over the road not exceeding 8 daN/cm (decanewton per square centimetre) and which, where they have three or more axles, the distance between two axles by each other is not shorter than one meter, total weight with full freight may not exceed 18 ton for means with two axles and 25 ton for means with 3 axles; respectively 26 and 32 ton for means with 3 and 4 axles, where driving axle has double wheels and a pneumatic hanging system or another equivalent system with that, according to the standards of the Ministry covering the respective activity.
4. Total weight with full freight of a semi - trailer or auto-train, where they fulfil the conditions of point 3, may not exceed 40 ton, where they have axles and 44 ton, where they have 5 more axles.
5. Whatever the type of the means the weight on the most loaded axle may not exceed 10 ton. For international roads or highways, which are defined as such by the decree of Ministry responsible for the respective activity, this limit is 115 ton per axle.
6. In cases of two axles near each other, the sum of weights on two axles may not exceed: 12 ton where axle distance is shorter than one meter; 16 ton where axle distance is one meter or longer but shorter than 1.30 m; 18 ton where axle distance is equal or longer than 1.30 m and shorter than 1.80 m.
In the last case the limit is increased up to 19 ton where driving axle has double wheels and pneumatic hanging system or any equivalent system with that, according to the standards of the Ministry covering the specific activity.
7. Anyone moving with a means which, including the freight, exceeds the weight limits provided for in this Article, shall be subject to penalties according to Article 10, except for cases provided for in Article 165.
ARTICLE 63
Means traction
1. None of the means may trail or may be trailed from more than one means, except for appropriate cases provided for in transports which are out of norms and is made reference to in Article 10 and except those provided for in the provisions of Article 103.
62 2. A motor vehicle may trail a means, which is not trailer, only when the latter is not able to move as a result trail of a break - down or of lack of important aggregate, and according to the cases provided for in Article 157. The resistance of the connection, methods and the caution in trailing must respond to the requirements of the road traffic security.
3. Besides the cases provided for in point 2, the Ministry covering the respective activity may authorize, in special cases, traction with motor vehicles for means which are not trailers.
4. In the existing provisions of this Code, are indicated the criteria for defining limit weights for trailer means, and methods and procedures of the connection for traction purposes.
5. Anyone violating the provisions of this Article, is penalized with a fine from 5 000 (five thousand) lek up to 20 000 (twenty thousand ) lek.
HEADING 2
MEANS TRAILED BY BEASTS OF BURDEN, SLEIGHS AND BICYCLES
ARTICLE 64
Braking equipment of means trailed by beasts of burden and sleighs
1. Means trailed by beasts of burden and sleighs must be equipped with effective braking systems and placed in such a way so that they can be easily manoeuvrable in every case.
2. Are prohibited the braking systems which act systems which act directly on the road surface.
ARTICLE 65
Viewing signalling equipment of means trailed by beasts of burden and sleighs
1. On hours and cases provided for in Article 150 point 1, means trailed by beast of burden and sleighs must be equipped with two head lamps which a white light ahead and two rear lamps which shed a red light; the lamps are placed on both sides of the means. They also must be equipped with two reflecting white signals on the front, two
63 reds on the rear, and with one orange colour reflecting signal on each side. The above- mentioned means, must be equipped with movable danger signals.
2. Anyone moving with a means trailed by beasts of burden or by a sleigh not equipped with viewing signalling systems provided for in Articles 64, 65 and Article 69, is penalized with a fine from 1 000 (one thousand) lek up to 4 000 (four thousand ) lek.
ARTICLE 66
Wheels metal hoops
1. Means trailed by beasts of burden, with a total weight with full freight up to 6 ton, may be equipped with metal hoops, provided that their weight does not exceed the 15/100 of numerical value of width of wheels metal hoop, expressed in centimetres. In every other case, means must be equipped with tyres.
2. The width of each of the wheel hoop may never be smaller than 50 mm; sides of hoops in contact with the road must be rounded. With a radius not less than the thickness of the metal hoop; to find out the width of the wheel metal hoop should be subtracted 5mm for each side for adjustment’s sake.
3. Surface rotation of the metal hoop must be cylindrical and without outgoing creasing or interruptions.
4. Municipalities and communes carry out the verification of the width of the wheels metal hoops and define the total weight with full freight allowed for each means trailed by beasts of burden, destined for the transport of goods.
ARTICLE 67
Number plates of means pulled by beasts of burden and sleighs.
1. Means pulled by beasts of burden sleighs must be equipped with a number plate which indicates the owner of the means, Municipality or Commune where he/she resides, destination of the means utilization, the registration number, and for the means destined for transport of goods, total allowed weight full freight as well as the width of the wheels metal hoop.
2. The number plate is renewed only when any of the number plates has to be modified or when these indicators are no more readable.
3. The issue of number plates is carried out by the Municipality or Commune that hand over to interested persons all indicators provided for in point 1. Model of number
64 plates and price are defined in the regulations with regard to the application of this Code.
4. Means pulled by beasts of burden and sleighs are registered in a special register of the Municipality or of the Commune where the means owner resides.
5. Anyone moving with a means pulled by beasts of burden or by sleighs and not meeting the conditions of Articles 66, 67and 69 or moving with a sleigh not equipped with the provided number plate or not meeting the requirements provided for in point 2, is penalized with a fine from 1 000 (one thousand) lek up to 4 000 (four thousand ) lek.
6. Anyone, who in an abusive manner produces or sells number plates for means pulled by beasts burden and sleighs, or uses number plates produced in an abusive manner, in cases it does not constitute a penal crime, is penalized with a fine from 5 000 (five thousand ) lek up to 20 000 (twenty thousand) lek.
7. Violations, mentioned in points 5 and 6, are accompanied with the additional penalty of confiscating the number plate that is not in conformity with the requirements provided for or that is produced in an abusive manner
ARTICLE 68
Viewing and sound signalling and braking equipment of bicycles
1. Bicycles must be equipped with pneumatic tyres and:
a) for braking: with independent system for every axle, which acts fast and with effectiveness in the respective tyres;
b) for sound signalling ; with a bell;
c) for viewing signalling: in the front with a white or yellow light, in the back with a red light and red reflecting signals; also, at pedals must be yellow reflecting signals and the same must be on the sides.
2. Signalling equipment according to letter “c” point 1, must not be missing and be operational in cases and hours provided for in Articles 150 point 1.
3. Signalling equipment provided for in letters “b” and “c” point 1, are not used in bicycles when those are used in sport competitions.
4. Anyone moving with bicycle that do not have pneumatic tyres or in which, braking or viewing and sound signalling equipment are missing or are not in conformity with
65 requirements provided for in this Article and Article 69, is penalized with a fine from 500 (five hundred) lek up to 2 000 (two thousand) lek.
ARTICLE 69
Characteristics of the equipment for braking and signalling of means pulled by beasts burden, sleighs and bicycles
1. In the existing regulation of this Code, for the means mentioned in Articles 49, 50 and 51, are foreseen; number, colour, characteristics and ways of utilization of the equipment of viewing signalling, characteristics and ways utilization of braking equipment for means pulled by beasts of burden and bicycles, and characteristics of the sound signalling equipment for bicycles.
ARTICLE 70
Taxi services with transport means tracked by beasts of burden
1. Municipalities and Communes are authorized to issue permits for taxi services with means tracked by beasts of burden. Such a service is carried out in the territory of the Municipality and the municipalities shall define places and locations in which may be allowed those services of tourist and cultural interests. Means tracked by beasts of burden, destined for taxi services, with the exception of the plate provided for in Article 67, must be equipped with another number plate with the indication “Taxi Service”. Municipalities and communes must define special restricted picketed zones for stationing of means tracked by beasts of burden, destined for taxi service.
2. The existing regulations define:
a) the types means tracked beasts of burden destined for taxi services;
b) conditions and requirements in order to obtain permission for such service;
c) methods of control on that service;
d) methods of issuing permissions, mentioned above in point 1;
3. In places and in periods of time, in which is allowed the utilization of sleighs, may be designated sleighs for taxi services. Are applied the same rules of taxi services of means tracked by bests of burden.
4. Any means or sleigh, that is tracked by the beasts of burden which carry out taxi services without having the respective permission, is penalized with a fine from 5 000
66 (five thousand ) lek up to 20 000 (twenty thousand) lek. If the permission is obtained, but are not respected the conditions of this permission, the fine is from 500 (five hundred ) lek up to 2 000 (two thousand) lek. Such a violations is accompanied with an additional penalty of the withdrawal of the permission.
HEADING 3
ROAD MEANS WITH MOTOR AND THEIR TRAILERS
PART 1
CONSTRUCTION STANDARDS OF OUTFITTING AND TECHNICAL CONTROL WITH REGARD TO TRAFFIC
ARTICLE 71
Construction and operational characteristics of means with motor and of their trailers
1. General construction and operational characteristics of means with motor and their trailers, which are related to the security of traffic and protection of environment from any kind of pollution, also including the braking system, are subject of controls provided for in the existing regulations.
2. The Minister of Public Works and Transport through special instructions, in agreement with the Ministry of Health and other interested ministries periodically defines construction and operational characteristics, which must correspond to motor vehicles and trailers for special transport or for special use as well as to armoured cars.
3. The Ministry covering the respective activity through special instructions, together with other interested ministries periodically defines technical standards according to characteristics mentioned in points 1 and 2, and methods for their verification.
4. Instructions mentioned in point 3, must comply with international agreements.
5. Anyone moving with means with motor or trailers contrary to the rules provided for in the existing provisions, is penalized with a fine from 500 (five hundred) lek up to 2 000 (two thousand ) lek. If motor vehicles and trailers are used for transport of dangerous goods, the fine is from 100 000 (one hundred thousand) lek up to 200 000 (two hundred thousand) lek. In addition, is applied the administrative measure of blocking up the vehicle until meeting the requirements according to points 1, 2, 3 art met.
67 ARTICLE 72
Systems of equipping road means with motor and their trailers
1. Mopeds, motor vehicles and motor cars must be equipped with the:
a) driving system; b) braking system; c) viewing and lighting signalling system; d) silent and discharging system, if they have combustion motor; e) sound signalling system; f) back side looking system; g) tyres or equivalent system with them.
2. Motor vehicles and motorcycles with weight without freight over 0.35 ton, must be equipped with the reverse movement gear system.
3. Motor vehicles must also be equipped with: a) mechanism of halting (hand brakes ) and mechanism of production ( blockage ), for means which are constructed in such a way so that they have respective places of fastening, which have characteristics provided for in the existing provisions for each category of means; b) movable signal to show the danger according to Article 160; c) sealed of odometer, according to characteristics provided for in the legal provisions; d) movable multifunctional signal for help, its characteristics and method of utilization are provided for in the legal provisions; e) emergency kit; Motor vehicles may be equipped with devices for automatic collection of tolls, or for receiving signals and information on traffic conditions.
4. Trolley - buses must be equipped with systems and mechanisms mentioned in points 1, 2 and 3, adjusted for means of that kind.
5. Trailers must be equipped with systems mentioned in point 1, letter “b”, “c” and “g”. Means capable to tract trailers and trailers themselves must be equipped with mechanisms suitable for connection.
6. The Ministry covering the respective activity taking into consideration the opinion of Ministry of Public Order through special instructions, defines additional systems, with which must or may be equipped the means mentioned in points 1 and 5, in relation to their special destination or with special norms of their behaviour.
7. The Ministry covering the specific activity through special instructions, issues special rules on the systems of means destined for invalids ( which are driven by invalids) or for their transport.
68 8. Systems, which are mentioned in the above points are subject to approximation by the Ministry covering the respective activity.
9. In the existing provisions are foreseen for systems mentioned above, technical conditions related to the number, construction, functional and mounting characteristic and those of distinguishing mark which show the compliance of those systems with the provisions of this Article and the applied rules as well as the method of placement.
10. Rules provided for in point 9, must be referred to the international agreements.
11. Approximation issued by a foreign country on one of the above mentioned systems, may become valid in Albania, if there is reciprocity, in compliance with international agreements.
12. Anyone moving with one of the means mentioned above in this Article in which is missing any system or this system is not in accordance with the existing provisions, is penalized with a fine from 5 000 (five thousand ) Lek up to 20 000 (Twenty thousand ) lek.
ARTICLE 73
Means on rails in common roads
1. Means on rails, to move on common roads with road means with tyres, must be equipped with lighting and viewing and sound signalling systems similar to those of motor vehicles. They must also be equipped with such systems which allow drivers easy looking even at the back side. Sight domain of the driver, on the front and on the sides, should be such as to allow a secure driving of the means.
2. By instruction of the Minister of Public Works and Transport are defined characteristics and methods of placement of systems mentioned in point 1, and characteristics of sight field for the driver of the means.
3. Anyone moving on common roads, with a means on rails where are missing one or some of systems provided for in this Article or where some of the systems, including the sight field, are not in conformity with the characteristics or methods of placement according to point 2, is penalized with a fine from 5 000 (five thousand) lek up to 20 000 (twenty thousand) lek.
ARTICLE 74
Data on the identification
69 1. Mopeds motor vehicles, motor cars, and trailers must be equipped since in their construction phase with:
a) an identification label firmly fixed in the motor vehicle; b) an identification number stamped in the chassis, in such a way that it may not be erased or changed.
2. Label and identification number must be placed in visible places on a part of the means which normally is not replaced during the utilization of the means.
3. In the cases when the identification number of chassis is forged, is missing, is changed or is unreadable after the competent bodies have identified its cause, must be redone under attention of the approximation office which issues an act for the registration office.
4. In the existing provisions are defined characteristics, methods of implementation and indicators that should be included in the label of identification as well as characteristics of identification number, mentioned in point 3.
5. Rules provided for in this Article must be in accordance with international agreements including the right of interested persons to apply for approximation.
6. Anyone who falsifies, takes off, replaces, changes, erases or makes unreadable the producer’s label, or the identification number of the chassis, is penalized with the administrative measure with a fine from 25 000 (twenty five thousand) lek, up to 100 000 (one hundred thousand) lek, except for cases when it constitutes a serious crime.
ARTICLE 75
Approval certificate, origin certificate and compliance statement
1. The relevant body of the General Directorate of Road Transport Services after exercising control, related to compliance with requirements concerning the traffic ability according to the existing rules gives to the means constructor the approval certificate.
2. To the application for control should be enclosed the origin certificate of the means issued by his constructor. Where it is the case of approximated type of means that, according to the Article 75, paragraph 4, are submitted to the control of traffic compliance requirements the origin certificate is replaced by the compliance statement, according to point 6.
3. The issue of the approval certificate is suspended for the needed controls, where do emerge elements, which let to think that the means or its parts are of a prohibited origin.
70 4. In the existing provisions are established the characteristics and contents of the approval certificate and of the origin certificate.
5. The competent authorities in the General Directorate of the Road Transport Services once ascertaining the positive results from the control on prototype, according to the existing acts, issues to the constructor the approximation certificate and the certificate which contains the description of elements that characterize the means.
6. For each means, constructed in accordance with the approximated type, the constructor hands over to the buyer the compliance statement. This statement, drafted according to the model approved by the ministry covering the specific activity proves that the means is in accordance with the approximated type. With such a statement, the constructor takes full responsibility before the law. The constructor must keep a progressive register of the compliance statements issued.
7. In cases where the means, the body of which or their equipment are realized by another constructor from that of the chassis, documents of origin are issued by the constructor that has produced the means equipment. This document should be enclosed with the compliance statement or the origin certificate which belongs to the chassis.
8. Anyone issuing compliance statements, mentioned in points 6 and 7, for means not in accordance with that of the approximated type, where it does not constitute a crime, is penalized with a fine from 50 000 (fifty thousand) lek up to 200 000 (two hundred thousand) lek
ARTICLE 76
Controls for the compliance with the approximated type
1. The Ministry of Public Works and Transport, at any time, is entitled to exercise control on the compliance with the approximated type of the means with motor, trailers and systems for which is issued the respective statement of compliance. It is also entitled to suspend the validity of the approximation of the means and systems or to invalidate the approximation itself, if the control results show that the respective compliance with the approximated type is lacking.
2. With the instructions of the Ministry of Public and Transport and taking into consideration the opinion of interested ministries, are established the criteria and the methods of control and possible reviews of means and systems which are produced and imported. Respective obligations are to be met by the head of approximation.
71 3. Anyone producing or selling a means, not in accordance with the approximated type, if it does not constitute a crime, is penalized with a fine from 50 000 (fifty thousand ) lek up to 200 000 (two hundred thousand) lek.
4. The competences of the Ministry of Health should be respected.
ARTICLE 77
Changes of construction characteristics of the moving means and updating of the traffic permit
1. In the existing provisions are defined the construction and functional characteristics and the equipment systems that may be modified only after presenting the documentation. Also methods for the control and the updating of the traffic permit are provided for in the above provisions.
2. Means with motor and their trailers must be subject to controls and tests, at the competent authorities the General Directorate of Road Transport Services, when are carried out one or more changes of construction or functional characteristics or of equipment systems, mentioned in Articles 71 and 72, and when is changed or replaced the chassis. Within 15 days from the approval of the changes, the General Directorate of the Road Transport Service informs about that the respective offices with regard to changes in the taxes and duties register book.
3. Anyone who moves with a means, to which are changed the characteristics shown in the approximation certificate and in the traffic permit or is modified the chassis and has not obtained the approval after the controls and tests, or anyone who moves with a means, to which is replaced the chassis and has not obtained the approval after the control test, is penalized with a fine from 25 000 (twenty five thousand) lek up to 100 000 (one hundred thousand ) lek.
4. Violations of the above-mentioned rules, lead to the additional penalty of the withdrawal of the traffic permit.
ARTICLE 78
Technical condition of road means with motor and their trailers in the traffic
1. Means with motor and their trailers during the movement must be kept in high efficiency in order to guarantee security and to limit noise and pollution within the above mentioned limits in point 2.
72 2. In the existing provisions are established technical conditions related to functional characteristics and equipment systems, which must correspond to means particularly concerning tires and equivalent systems with them, braking viewing and lighting signalling systems, limitation of noises and of environmental pollution.
3. Rules provided for in point 2, must be in accordance with international agreements.
4. Anyone who is circulating with a means, which has developed changes in the construction and the functional characteristics established, or is circulating with systems mentioned in Article 72, which do not function or which are not properly installed, is penalized with a fine from 5 000 (five thousand) lek up to 10 000 (ten thousand) lek and is applied the supplementary administrative measure of blocking up the means up to meeting of the technical and functional requirements.
ARTICLE 79
Technical control
1. Technical control is a state control. The Ministry covering the respective activity establishes by special instructions the criteria, time table and the ways on how to carry out the technical control of categories of means with motor and with trailers, with a view to check whether they guarantee the security and calmness in the traffic and that their pollution does not exceed established limits. Annual and periodical controls are carried out in the centres of technical control of the General Directorate of the Road Transport services. In the regulation are established the elements upon which must be carried out the technical control of the means systems which are important for their security.
2. The content of instructions issued with respect to the Application of point 1, should refer to the Directives of EU, in relation to the technical control of means with motor.
3. All means, which move and enter the territory of the Republic of Albania, are obliged to go through an annual and periodical technical control. The annual technical control shall be carried out once a year, for all means with motor and trailers. For new means with motor that enter Albania, the first technical control shall be carried out within two years from the registration date. After this period, this control is carried out each year.
4. Periodical technical control shall be carried out for all means with motor of road transport, after they have undergone a prior annual technical control according to the instructions given by the ministry covering the respective activity.
5. The driver is obliged to control the technical condition of the means before setting off and during the trip in order to prevent eventual accidents. The movement of the means with technical defects is penalized through an administrative measure with fines according to point 5, Article 71.
73 6. Authorities of the services of traffic police, mentioned in Article 12, if they have doubts on security conditions, noises and pollution for certain means with motor or trailers, may order at any time their traffic ban making notes in the means book about the need for an immediate out of shift technical control.
7. Instructions on the controls for acoustic and atmospheric pollution, are issued by the ministry covering the respective activity in cooperation with the Ministry of Health.
8. In cases of road accidents, in which motor vehicles or trailers are heavily damaged and as a result of which doubts may be raised as to the conditions of security traffic road police authorities, which are mentioned in Article 12, points 1 and 2, arriving at the place of accident, are obliged to inform the competent office of the General Directorate of the Road Transport services about the measures to be taken on a special control of the means.
9. The Minister of Public Works and Transport defines the fees for the annual and periodical technical controls.
10. Anyone who is moving with a means which has not undergone the technical control, is penalized with a fine from 2 000 (two thousand ) lek up to 10 000 (ten thousand) lek ,which is doubled in cases of exceeding the time limit of the technical control for more than one month. For means transporting dangerous goods passing the deadline of carrying out the technical control is penalized with fines from 100 000 (one hundred thousand) to 200 000 (two hundred thousand) leks. For these violations is taken also the additional penalty of the withdrawal of the traffic permit up to the realization of the technical control. In case each category of means does not show up within the deadline at the centres for the technical control of the General Directorate of the Road Transport Services. For over 10 days, each means pays a fine or 1000 (one thousand) lek and for dangerous transports 5 000 (five thousand) lek. The fines are cashed in by the centres of technical control themselves.
11. Anyone who produces false evidence for technical control, is penalized with a fine from 25 000 (twenty five thousand) lek up to 100 000 (one hundred thousand) lek. For this violation is taken also the additional penalty of withdrawing the traffic license of the means for which is issued the false evidence of technical control.
ARTICLE 80
Competences of officials of the Ministry of Public Works and Transport and of its bodies
1. Technical controls provided for in this Code for means with motor and means tracked by them, are carried out by the officials of the General Directorate of the Road
74 Transport Services, who have obtained a diploma as mechanic engineers before the year 1974, and as transport mechanic engineers, or mechanic technicians.
2. Officials mentioned in point 1, are trained for carrying out technical controls, in a training course with final exams, according to the methods established at the instructions of the Ministry covering the respective activity.
3. In the existing provisions are established the professional profiles (Terms of Reference) needed to carry out technical controls, mentioned in the above point.
4. By the instruction of the Ministry of Public Works and Transport are established the norms and methods of organizing training courses as provided for in point 2.
Part II DESTINATION AND THE USE OF MEANS
ARTICLE 81
Purpose and use of means
1. By destination (purpose) of the means is meant its use on basis of technical characteristics.
2. By the use of means is meant its economic utilization.
3. Means may be designated for individual use or for use third parties.
4. By the use from third parties is meant when a means is utilized, against the respective payment, by other persons different from the head of the traffic permit ( license). In other cases is meant the individual use of the means.
5. The use by third parties includes: a) renting without driver;
b) renting with driver and taxi services for transport of persons;
c) line services for transport passengers;
d) services for transport of goods on behalf of third parties,
e) line services for transport of goods;
f) taxi services for transport of goods on behalf of third parties.
75 6. After receiving the temporary transport permits from the organs of the Ministry covering the respective activity, trucks for transport of goods may be utilized, in unusual cases and temporarily, for the transport of persons. The temporary transport permit is issued only on the basis of the request of the Head of the Local Authority. The temporary transport permit is issued by the respective organs of the Ministry responsible of the respective activity, for buses destined for renting with driver, which may be used in unusual cases and by decree of the Ministry covering the respective activity in line (route) services and vice versa.
7. In the existing provisions are established construction characteristics of means related to the latter’s purposes or use.
8. Except for the provisions of specific laws, anyone who utilizes a means with a different purpose or use from that shown in the transport permit is penalized with a fine from 5 000 (five thousand ) lek up to 20 000 (twenty thousand) lek.
9. Anyone who has not the temporary transport permit, mentioned in point 6, and uses for transport of persons a means destined for transport of goods, is penalized with a fine from 25 000 (twenty five thousand ) lek up to 100 000 (one hundred thousand) lek.
10. The non -compliance of points 8 and 9, leads to an additional penalty of suspending the transport permit from 1 up to 6 months. In case of repeated non – compliance the suspension of transport permit is extended from 6 up to 12 months.
ARTICLE 82
Individual use
1. For buses destined for transport of persons, and for individual use, the transport permit may be issued only to public entities, entrepreneurs and collectives for meeting of their needs strictly related to their activities, after the control carried out concerning the justification of those needs, according to instructions issued by the Ministry in charge of the respective activity.
2. Transport permit for means of transport of goods for its own account, is issued on the basis of the permit for carrying out transport of goods on its own account. In the transport permit must be written down the date and number of the license where is mentioned the transport on its own account, as is provided for in the existing provisions. Provisions of this Law are not applied for motor vehicles which have a transport capacity of 500 kg. Exceptions are made for special goods, which are defined by instructions of the Ministry in charge of the respective activity.
76 3. For other documents with which a means, destined for the transport of goods on its own account, should be equipped with, remain in force the provisions provided for in special norms in this field.
4. Anyone who utilizes for own individual use, a means destined for transport of persons except for of auto-cars for individual use as defined in the traffic license without respective permission or does not meet conditions and limits provided for in the traffic license is penalized with a fine from 10 000 (ten thousand ) lek up to 40 000 (forty thousand) lek.
5. The non-compliance with the provisions of point 4, leads to an additional penalty of the suspension of transport permit for a period of time 6 up to 12 months.
6. Anyone who utilizes a means of individual use for transport of goods, without respective permit or does not meet conditions and limits provided for in the license, is penalized according to penalties provided for in respective articles of the law on road transport.
ARTICLE 83
Renting without driver
1. To apply this Article, a means is considered to be destined for renting without driver, where the hirer, against payment, is obliged to put at disposal of the lessee, at the latter’s request, the means itself.
2. All motor vehicles with their trailers may be designated for renting without driver, including even means designed for the transport of goods with full freight over 500 g as well as means, different from cars, designed for the transport of persons.
3. Transport permit for such means is issued on the basis of the respective license.
4. The Ministry of Public Works and Transport through a decree is authorized to define the criteria and ways for issuing transport permits.
5. Anybody who is renting without driver, a means not designed for such purpose, is penalized with a fine from 25 000 (twenty five thousand ) lek up to 100 000 (one hundred thousand ) lek, for motor vehicles and trailers, and from 2 500 (two thousand five hundred) lek up to 10 000 (ten thousand) lek for other means. In addition, is applied an additional penalty of the suspension of the transport permit from 2 up to 8 months.
ARTICLE 84
77 Services of renting with driver for transport of persons
1. Services of renting with driver for transport of persons is disciplined by the respective provisions.
2. To carry out services of renting with driver for the transport of persons may be destined: motorcycles with side car; motor cars; buses; motor vehicles for mixed transport or for special transport of persons; means tracked by beasts of burden.
3. Transport permit for such means is issued on the basis of the license for carrying out the transportation.
4. Anyone who utilizes for renting with driver a means which is not designed for such a service, is penalized with a fine from 10 000 (ten thousand) lek up to 40 000 (forty thousand ) lek, and in cases of buses from 25 000 (twenty five thousand) lek up to 10 000 (one hundred thousand) lek. This violation leads to the additional penalty of the suspension of transport permission from 6 up to 12 months.
ARTICLE 85
Taxi service with cars and drivers
1. Taxi services with cars and drivers or taxi services are regulated through the respective existing provisions which apply to the sector of transport.
2. Anyone who drives a taxi without the respective transport permission, is penalized with a fine from 10 000 (ten thousand ) lek up to 100 000 (one hundred thousand ) lek. For this violation is applied and an additional penalty of the withdrawal of the traffic permission and of the confiscation of the means.
3. Anyone who, although equipped with the respective transport permission, drives a taxi not in conformity with the existing rules or with the conditions provided for in the license, is penalized with a fine from 5 000 (five thousand ) lek up to 20 000 (twenty thousand ) lek. For this violation is applied and additional penalty of the withdrawal of the transport license.
ARTICLE 86
Line service for the transport of passengers
78 1. According to this Article, a means shall be considered as designed for the line service where the operator of that transport, who is rewarded for the work done undertakes the transport to predetermined destination and according to authorized itineraries and with an undifferentiated offer for the public, even when this public is composed of a special category of people.
2. May be established for the line service of the transport of persons, buses, articulated buses, articulated trams, trams with and without trailers, destined for such a transport.
3. Transport permission for these means, is issued on the basis of the preliminary approval by competent authorities that issue respective licenses for undertaking such a transport.
4. The above-mentioned means must be used only in routes for which the holder of the transport permission has obtained the license, excluding possible restrictions provided for in this license. The authority that issues the license for the route may authorize the use of means destined for line service in a service of renting means, provided that the regularity of service in the route is guaranteed. For that reason, transport permission must be accompanied with a document, issued by the authority that issues the license of the route service, in which are shown the routes or zones of traffic or renting through which the means may be used.
5. The owners of motor vehicles registered to be used in line services for the transport of passengers, may rent to other operators of in line transport for passengers, temporarily and in unusual cases according to the instructions issued by Ministry in charge of the specific activity a part of their means with the authorization of competent authorities for issuing respective permissions of transport.
6. Anyone who uses for the in line service a means which is not designed for such a service, or uses a means in different lines to that for which it has the transport permission, is penalized with a fine from 25 000 (twenty five thousand ) lek up to 100 000 (one hundred thousand ) lek.
7. Also it is applied the additional penalty of the suspension of transport permission from 6 up to 12 months.
ARTICLE 87
Services of the transport of goods on behalf of third parties
1. Relying on this Article, a means is considered designed for the transport of goods on behalf of third parties, where their entrepreneur is obliged, against the respective payment to carry out the transport ordered by the party requesting the transport.
79 2. Transport permission is issued on the basis of the license designed for carrying out the service and is accompanied with the special document provided for in the respective provisions that regulate this activity and which is a constituent part of the transport permission.
3. Anyone who uses in the transport of goods, services on behalf of third parties, a means that is not designed for such a service or violates foreseen conditions and limitations in the license or in the transport permission, is penalized with a fine from 25 000 (twenty five thousand ) lek up to 100 000 (one hundred thousand) lek.
ARTICLE 88
In line service for transport of goods
1. In line (route) service for transport of goods is arranged in compliance with the respective laws on this of transport area.
ARTICLE 89
Transport of goods on behalf of third parties in taxi services
1. Taxi service of transport of goods on behalf of third parties which is carried out with means with a total weight with full freight not exceeding 6 ton, is arranged through special rules of this sector; transport permission is issued on the basis of the license provided for carrying out such a service.
2. Anyone who uses in the taxi services for transport of goods on behalf of third parties a means which is not designed for such a service, is penalized with a fine from 25 000 (twenty five thousand ) lek up to 100 000 (one hundred thousand) lek.
ARTICLE 90
Renting means by instalments, without driver, with the right of purchasing and selling of means through instalments, with the agreement to return it to the owner when the instalments is not paid
1. Motor vehicles, motor cars and trailers which are rented with the right of purchasing, are registered in the name of the hirer, but with the respective remark in the traffic permission, of the name of lessee and of the expiry date of the respective contract. In such cases, the registration of means is carried out in accordance with the utilization that the lessee will carry out and on the condition that such lessee should be the
80 possessor of the respective permissions and should fulfil the conditions provided for in Articles 82 and 90. In these cases, is considered the head of the traffic permission also the hirer. The above mentioned indicators are reflected in the Registers of the respective branch of the General Directorate of Transport Services.
2. For reasons of the indemnification of damages, caused by the traffic of the means to persons or things, the lessee is responsible together with the driver.
3. In cases of selling the means with the agreement to return it to the owner when the instalments are not paid, the means is registered in the name of the buyer, but with the remark in the traffic permission of the name of the seller and of the date of the last instalment payment. The same indicators are written dawn in the Registers of the respective branch of the General Directorate of Transport Services.
4. For reasons of administrative violations, towards the lessee with respect to instalments of the means or towards the buyer with respect to instalments by agreement to return the means to the owner when instalments are not paid, are applied respective penalties according to Chapter IV.
ARTICLE 91
Summarized copies of documents with regard to the traffic or driving of means
When for official reasons, the traffic documents, the driving license or any of the other documents provided for in Article 178 are delivered to the offices which have issued them according to the established requirements and procedures, these offices issue a summarized copy of the document that fully serves the role of its original for a maximum time period of 30 days.
Part III
TRAFFIC AND REGISTRATION DOCUMENTS
ARTICLE 92
Required procedures for the movement of motor vehicles , motor cars and trailers
1. Motor vehicles, motor cars and trailers in order to move must have a traffic license and have to be registered at the respective branches of the General Directorate of the Road Transport Services.
81 2. Offices of the General Directorate of the Road Transport Services take measures for the registration and issue traffic permission to that entity who certifies that it is the owner of the means by showing when it is needed the data about the user or about the lessee with the purchase right or about the seller by agreement with the right to return when instalments are not paid, as it is provided for in Article 90.
3. The traffic permission may not be issued when the requirements for carrying out the services or the transport when those are required by legal provisions are not met.
4. The Ministry in charge of the respective activity, by special instructions, establishes the required procedures and documents for the registration, the content of the traffic permission, especially including respective notes for trailers with regard to the permission of their tracking.
5. For motor vehicles, and trailers mentioned in Article 10, point 1, is issued a special traffic permission which must be accompanied with the respective authorization, when this authorization is provided for in this Article. In a similar way a special document is also issued for agriculture machines when for them are applied the conditions according to Article 103, point 8.
6. Anyone who moves with a means for which is not issued the traffic permission, is penalized with a fine from 25 000 (twenty five thousand ) lek up to 100 000 (one hundred thousand) lek. To this penalty are subject to separately the owner of the means or the user of the or the lessee with the right of purchasing or the buyer by agreement to return the means to the owner, when are not paid all instalments. For this violation, is applied the additional penalty of the confiscation of the means.
7. Anyone who moves with a trailer connected to a motor vehicle, characteristics of which are not indicated in the traffic permission, when this is indispensable, is penalized with a fine from 5 000 (five thousand ) lek up to 20 000 (twenty thousand ) lek.
8. Anyone who does not take action to apply, within the foreseen deadlines for the certificate of ownership, is penalized with a fine from 10 000 (ten thousand) lek up to 40 000 (forty thousand) lek. The traffic permission is withdrawn immediately from the person who carries out the violation, is then sent to the office of the Albanian Register of Motor Vehicles and is returned only after all the violated conditions are met.
9. The above norms do not apply to the means of the armed forces, according to Article 136 point 1; to these means apply the dispositions of Article 136.
10. To achieve a maximum simplification of procedures and to ensure satisfactory relations with the citizens, official actions provided for in this Article and Article 93 should be taken by the district offices with the help of the appropriate informatics systems.
82 ARTICLE 93
Procedures for changing of the ownership of motor vehicles, motor cars trailers and for changing the residence of the owner
1. In cases of changing the ownership of motor vehicles, motor cars and trailers or in cases when those are given for use to others or when are finalized agreements for renting with the right of purchase, the competent office of the General Directorate of Road Transport Services, on the request by the interested person within 10 days from the date when the signature of the act is authenticated or is judged as accurate according to the rules takes measures for the registration of changes of ownership or of other changes as well as for issuing the new certificate of ownership.
2. The office of the General Directorate of the Road Transport Services, according to the application by the owner within time limits provided for in point 1, takes measures for renewing or updating of the traffic permission which reflects changes shown in the above point. In a similar way is applied for changes of residence.
3. Anyone who does not respect provisions established by the Article, is penalized with a fine from 10 000 (ten thousand ) lek up to 40 000 (forty thousand ) lek.
4. Anybody who moves with a means for which is not required within the time limit provided for in points 1 and 2, to update or renew the traffic permission and the certificate of ownership, is penalized with a fine from 5 000 (five thousand) lek up to 20 000 (twenty thousand ) lek.
5. The traffic permission is immediately withdrawn from the person who carries out a violation as foreseen in point 3 and is sent to the office of the General Directorate of Roads Transport Services which takes measures for its renewal after have been applied provisions concerning the violations.
ARTICLE 94
The temporary traffic permission
1. In case of loss, theft or damage of the traffic permission, its possessor must, within 24 hours from taking notice of the fact, denounce to police authorities which take note of that and issue a respective certificate.
2. The office the General Directorate of the Road Transport Services after being presented with the denounce certificate and the statement of taking the administrative responsibility, issues the temporary traffic permission with a validity of a maximum of 30 days.
83 3. After 30 days from making the denounce according to point 2 and the traffic permission is not found or handed over, the possessor of the traffic permission must apply for a new registration.
4. Anyone who is moving with a means for which is not issued a temporary traffic permission, is penalized with a from 5 000 (five thousand) lek up to 20 000 (twenty thousand) lek. For this violation is also applied the additional penalty of the administrative traffic ban of the means.
ARTICLE 95
The setting up of the associations of the transport motor vehicles and of the motor vehicles club
Users of the road transport vehicles are entitled to organize themselves in associations and in the motor vehicles club in order to contribute, protect and develop the national and international road transport as well as to help and support the interest of the road transport on behalf of third parties and on their own behalf. The associations of transport motor vehicles and the motor vehicles club are independent legal and non-profit entities.
ARTICLE 96
Required procedures for the movement of the motorcycles
1. Motorcycles in order to move must be equipped with:
a) a technical compliance certificate that contains identification and construction data, issued by an office of the General Directorate of the Road Transport Services on the basis of the compliance statement or the approval certificate according to Article 75.
b) an identification distinguishing mark that allows for the definition of the motorcycle owner and of the respective District.
2. Fabrication and selling of identification distinguishing marks is carried out only by the state.
3. Change of residence by the possessor of the identification distinguishing mark, when is not registered in the general archives of the information centre of the General Directorate of the Road Transport Services, must be notified by the interested person, within 10 days and according to the existing documents, to a district office of the General Directorate of the Road Transport Services, which registers the change and issues respective document.
84 4. The existing provisions of these norms are defined on the basis of economic criteria and of the easiest procedures, the characteristics of the identification distinguishing marks, methods of their use and respective procedures of marking and the distribution to users as well as the procedures for changing the ownership.
5. Anyone who manufactures, produces, trades or sells motorcycles which have a velocity that exceed that provided for in Article 52, is penalized with a fine from 5 000 (five thousand) lek up to 20 000 (twenty thousand) lek. The same penalty is applied to anyone who modifies motorcycles to achieve a higher velocity than that provided for in Article 52.
6. Anyone who moves with a motorcycle which has one or more characteristics not in accordance with characteristics or technical conditions provided for in Article 52 or which develops a velocity greater than that provided for in Article 52, is penalized with a fine from 2 500 (two thousand five hundred) lek up to 10 000 (ten thousand ) lek.
7. Anyone who moves with a motorcycle for which it is not issued a technical compliance certificate, or is not equipped with the identification distinguishing mark is penalized with a fine from 2 500 (two thousand five hundred) lek up to 10 000 (ten thousand ) lek.
8. Anyone who in an abusive way, produces or sells identification distinguishing marks for motorcycles or moves with a motorcycle with a false identification distinguishing mark, is penalized according to Article 99, point 12.
9. Anyone who moves with a motorcycle equipped with the identification distinguishing mark the data of which are not clearly readable or does not inform within the deadline about changes according to point 3, is penalized with a fine from 1 000 (one thousand) lek up to 4 000 (four thousand ) lek.
10. In cases of loss, theft or disappearance of the identification distinguishing mark, for its possessor are applied rules and penalties provided for in Article 101. For violations provided for in points 5 and 6, is applied the additional penalty of confiscating the motorcycle.
ARTICLE 97
Test traffic
1. Manufactories that produce motor vehicles with trailers, their representatives, concessionaires (subsidiaries). commissioners and sales agents, authorized dealers for such means, production manufactories of bodies and tyres, employers of repairing and modification workshops even when working separately, are not obliged to be equipped
85 with the traffic permission according to Article 92, 109 and 113 for means that are moving for technical, experimental or constructive tests demonstrations or transferring for sale reasons or checks. Nevertheless these means must be equipped with an organization for test traffic which is issued by the district office of the General Directorate of the Road Transport Services. In the means which is moving for test must be present the possessor of authorization or his representative.
2. The validity of authorization is one year; this authorization may be confirmed through verification of the fulfilment of the needed requirements.
3. Anyone who uses for other reasons, a means designed for test traffic is penalized with a fine from 5 000 (five thousand ) lek up to 20 000 (twenty thousand) lek. The same penalty is applied when inside the means is not present the possessor of the authorization or his representative.
If there are carried out more than two violations according to point 3, punishment is with a fine from 10 000 (ten thousand ) lek up to 40 000 (forty thousand ) lek, and is also applied the additional penalty of confiscating the means.
ARTICLE 98
Travel document
1. Motor vehicles, motor cars and trailers that are moving for verification and control of the technical compliance purposes to travel to transit cross-borders for export, to participate in parades foreseen by military authorities, in fairs or exhibitions authorized for new or used means, for which is not paid the registration fee, must be equipped with a travel document and a temporary number plate issued by on office of the General Directorate or the Road Transport Services.
2. The travel document must show the itinerary, terms of validity and technical conditions, if it is necessary. Terms of validity may not exceed 30 days. Nevertheless, for special requirements of new means tests which are not yet registered, the district office of the General Directorate of the Road Transport Services may issue to manufacturer a special travel document without restriction on itinerary, with a term of validity at a maximum of 180 days.
3. Anybody who is moving without complying with the technical conditions of the travel document, the movement itinerary and is not equipped with the temporary number plate according to point 1, is penalized with a fine from 2 500 (two thousand five hundred ) lek up to 1 000 ( one thousand ) lek.
86 4. When the violations provided for in point 3 are repeated more than two times the fine is from 5 000 (five thousand ) lek up to 20 000 (twenty thousand ) lek, and is applied the additional penalty of the confiscation of the means.
ARTICLE 99
Number plates of the registration for motor vehicles, motor cars and trailers
1. Motor vehicles must be equipped on the front and the back side with a number plate which contains the registration data.
2. Motor cars must be equipped on the back side with a number plate which contains the registration data.
3. Trailers and semi-trailers must be equipped on the back side with a number plate which contains the registration data.
4. Trailers and carriages with one axle, where are connected with a motor vehicle, must be equipped on the back side with a number plate which repeats the registration data of the motor vehicles number plate that it is tracking.
5. Number plates mentioned in points 1, 2, 3 and 4, must have light diffraction characteristics.
6. Means which are moving for carrying out tests must be equipped on the back side with a number plate which is removable from one means to another; in cases of motor trains or semi-trailers, the number plate must be placed on the back side of the means tracked.
7. In the existing provisions are foreseen the criteria of the definition of the registration, repetitive, tests and recognition number plates.
8. In the existing provisions are foreseen official marks which must have number plates of any kind, excluding the repetitive number plates.
9. The provisions under application define for number plates according to this Article: the criteria for the creation of the registration data; the place and methods of their placement; the construction dimensional, photometric, chromatic and distinguishing characteristics and verification requests, if the number plate is appropriate to be accepted.
87 10. On motor vehicles, motor cars and trailers is prohibited to be placed writings, distinctive, or marks which may create misunderstandings in the identification of the means.
11. Anyone who violates the provisions of points 1, 2, 3 and 4, is penalized with a fine from 5 000 (five thousand ) lek up to 20 000 (twenty thousand ) lek.
12. Anyone who is moving with a means equipped with a number plate which is not its own or is falsified, is penalized with a fine from 25 000 (twenty five thousand ) lek up to 160 000 (one hundred sixty thousand) lek.
13. Anyone who violates the provisions of point 5, 6 and 10, is penalized with a fine from 1 000 (one thousand ) lek up to 4 000 (four thousand ) lek.
14. Anyone who falsifies changes or modifies the motor vehicles number plate or uses modified, falsified or changed number plates, when it does not constitute a crime, is penalized with a fine from 25 000 (twenty five thousand ) lek up to 100 000 (one hundred thousand) lek.
15. For violations foreseen in the above points, is applied the additional penalty of the withdrawal of the number plate which is not conformity with the established requirements. For violations provided for in point 12, is applied the additional penalty of confiscating the means.
ARTICLE 100
Production, distribution, return and the withdrawal of number plates
1. Production and distribution of number plates for motor vehicles or means tracked by them, is carried out only by the state. The Minister of Public Works and Transport by his instruction, after taking into consideration the opinion of the Minister of Finance, defines the selling price of the number plates.
2. Number plates are given to the possessor of the means by the office of the General Directorate of the Road Transport Services after carrying out the registration of the means.
3. Anyone who produces or distributes in an abusive way number plates for motor vehicles, motor cars and trailers, is penalized, when this violation does not constitute a crime with a fine from 25 000 (twenty five thousand ) lek up to 100 000 ( one hundred thousand ) lek and is applied and additional penalty of confiscating the number plates.
ARTICLE 101
88 Loss, theft, damage, and destruction of the number plate
1. In cases of loss, theft or cancellation of any one of the number plates mentioned in Article 99, possessor of the traffic permission must within 24 hours reports on to the police authorities which take the necessary notes and issue the respective certificate.
2. After 15 days have passed from the date when the loss or theft of number plates has been denounced and these number plates have not been returned or found yet the possessor of the traffic permission must require to the respective branch of the General Directorate of the Road Transport Services a new registration of the means, according to procedures mentioned in Article 92.
3. During the period of time mentioned in point 2, is allowed the movement of the means only after the possessor of the traffic permission has placed in the means a white label which contains all its original number plates data. The position and the measures of the label and its letters must be the same with those of the original number plate.
4. The registration data shown in the number plate, must be always readable. When due to the damages these data are no more readable, the possessor of the circulation permission must require to the competent office of General Directorate of the Road Transport Services, a new registration of the means, according to procedures mentioned in Article 92.
5. In the cases of the destruction of one of number plates mentioned in Article 99 point 1, the possessor of the traffic permission, upon the basis of the denouncing certificate according to point 1, must require a new registration of the means.
6. The possessor of the traffic permission that, in the case of the loss, theft, or cancellation of the registration number plate or of the number plates of the means which move for tests, does not fulfil the obligations according to point 1 or are moving with the label mentioned in point 3, without fulfilling obligations according to points 1 and 2, is penalized with a fine from 5 000 (five thousand ) lek up to 20 000 (twenty thousand) lek.
7. Anyone who moves with a number plate which is fully and clearly readable, is penalized with a fine from 2 500 (two thousand five hundred ) lek up to 10 000 (ten thousand ) lek.
ARTICLE 102
Obligations resulting from the withdrawal of motor vehicles and trailers from service
89 1. The interested party, the possessor of motor vehicle, motor car or trailer, or holder of the possessor title, within 10 days, must notify the competent office of the General Directorate for the Road Transport Services about the destruction, scraping or the final exportation in a foreign country of a means, returning the certificate of ownership traffic permission and number plates.
2. Number plates and traffic documents also are taken officially in possession of police authorities that submit them to the branch of the General Directorate of the Road Transport Services in case 30 days have passed from the withdrawal of the means from the service, according to Article 157, and its absence is not denounced or the means itself is not reclaimed by the possessor of the above mentioned documents or that has title of the possessor, or is scrapped or transferred according to the meaning of this Article.
3. The managers of the collection and sale of motor vehicles, motor cars and trailers centres for dismounting and transforming into scraps, may not transfer, dismount or destruct those means without fulfilling obligations mentioned in point 1, in cases when the possessor or the one who has the title of the possessor has not fulfilled in advance these obligations.
4. The same obligations provided for in point 3, have also the heads of the centres for the collection or other places where are preserved the means withdrawn from the service according the Article 157, in case of scraping the means provided for by Article 211 point 4.
5. Anyone who violates the provisions of points 1 and 2, is penalized with a fine from 10 000 (ten thousand ) lek up to 40 000 (forty thousand) lek. The penalty with a fine from 25 000 (twenty five thousand ) Lek up to 100 000 (one hundred thousand ) lek, is for the violation carried out according to points 3 and 4.
HEADING 4 THE ROAD TRAFFIC OF AGRICULTURE AND TECHNOLOGICAL MACHINES
ARTICLE 103
Volume measures and limit freight of agriculture machines
1. For self-movable agriculture machines and for those tracked which are moving on the road, are applied limit volume measures established with rules in Article 61, respectively for self-movable agriculture machines and trailers.
90 2. Excluding cases for which is otherwise foreseen in Article 57, total weight with full freight of agriculture machines with tiers may not exceed 5 ton when they are with one axle; 8 ton when they are with two axles; and 10 ton when they are with three or more axles.
3. For self-movable agriculture machines and for those tracked which are equipped with pneumatic tyres, which exercise an unit average freight on the road not exceeding 8 daN/cm2 and that, when they have three or more axles, the distance between two successive axles is not shorter than 1.20m, total weights with full freight, referring to point 2, may not exceed respectively 6 ton, 14 ton, and 20 ton.
4. Maximal weight on the most loaded axle may not exceed 10 ton; that on the two successive axles in a distance shorter than 1.20 m, may not exceed 11 ton and when distance is longer than 1.20 m, this weight distributed in the two axles may be up to 14 ton.
5. In all freight conditions of self-movable agriculture machines, the weight exercised on the road by the driving axle in a static state must not be less than 20% of their own weight in movement. This value must not be less than 15% for machines which move with velocity of less than 15 km/h than 13% for agriculture machines with half track.
6. Total weight of agriculture machines with tracks not exceed 16 ton.
7. Agriculture tractors, to move on road with conveyed or half - conveyed devices, must fulfil the following conditions:
a) the front outgoing ( calculated by front axle) of the agriculture complex must not exceed 60% of tractors length without counter - weights;
b) the back outgoing ( calculated by back axle ) of agriculture complex (tractor and conveyed device ) must not exceed 90% of the tractors length without counter - weights;
c) total length, that consists of the sum of the front outgoing with back outgoing and with tractors step ( distance between front axle and back axle), must not exceed the double length of tractor without counter - weights;
d) side outgoing must not exceed 1.60m from the vertical lengthy plan of the tractors middle;
e) the weight of the complex (tractor with conveyed devices ) must not exceed permitted weight provided for by rules of this Code, on the basis of the above points of this Article;
91 f) three dimensional connection b-r of fixings supports of devices, must not allow, during transport, any kind of shake of the devices towards the tractor, except for the cases when the devices are equipped with one or more wheels freely rotated against the supporting vertical axle.
g) Agriculture machines with trailers, plough or technological machineries may move on state road when the weather is bad after being cleaned from the mud in order not to pollute the road.
8. Agriculture machines which due to functional needs have volume measures and weight greater then those provided for in points 1 up to 6, and tractors equipped with conveyed or semi - conveyed devices, which do not fulfil the requirements of point 7, are considered agriculture machines out of norms and, to run on the road, must have a authorization valid for one year and renewable, issued by the General Directorate of Roads, when roads are state - owned and by the district for other roads.
9. In the existing provisions of this Code are foreseen placements, photometric characteristics, colours and methods of using the equipment or systems of viewing signalling, which anticipate obstacles that bring to the traffic the agriculture machines mentioned in paragraph 7 and 8; in the existing provisions are indicated instructions and conditions which must be respected during the movement on the road.
10. Anyone who is moving on the road with agriculture machines which exceed limit volume measures and permitted weights, is subject to a penalty with a fine from 10 000 (ten thousand ) lek up to 40 000 (forty thousand) lek.
11. Anyone who is moving on the road with agriculture machines out of standards and has not carried with himself the authorization is subject to a fine from 2 500 (two thousand five hundred ) lek up to 10 000 (ten thousand) lek.
12. For violations according to point 10 are also applied the additional penalties provided for by point 23 of Article 10.
ARTICLE 104
Tracking of agriculture machines
1. Movable complexes on road, consisted of self-movable agriculture machines and tracked agriculture machines, may not exceed the length of 15.50 m.
2. According to the restriction of point 1, agriculture tractors may track up to two agriculture trailers on the internal roads of village during the production season or not more than two technological agriculture machines, provided that they are equipped with braking system directed from the tractor.
92 3. For agriculture tractors with conveyed devices on the front side, is prohibited tracking of trailerable agriculture machines which do not have breaking systems, even if these machines are considered a constituent part of tractor.
4. Anyone who violates the provisions of this Article is penalized with a fine from 10 000 (ten thousand) Lek up to 40 000 (forty thousand) Lek.
Article 105 Constructive norms and equipment systems of agriculture machines
1. Agriculture machines provided for in Article 57, point 2, to run on the road must insure enough consistency when running alone as well as when running by tracking trailer able agriculture machines or conveying or semi - conveying devices for which must be ensured the three dimension connection. Self-movable agriculture machines must be constructed in such a way to ensure a sight field suitable even when they have a closed driving board, when they have protection systems for the driver and when they convey or semi - convey devices. The drivers seat must be easily achievable and comfortable as well as with commands easily usable.
2. Self-movable agriculture machines provided for in Article 57, point 2, letter “a” excluding those of point 3, must be equipped with: a) viewing and lighting systems; b) braking systems; c) driving systems; d) system for silencing the motor noises; e) sound signalling systems; f) system for back looking; g) suitable tires or chains to move on the road; h) dismountable systems for protection from risky parts; i) dismountable connection systems or unmounted, in cases of machines designed for tracking; j) transparent secure surfaces ( glasses ) and glass cleaning systems.
3. Self-movable agriculture machines provided for in Article 57, point 2, letter “a”, number 3, must be equipped with systems of above letters “b”, “c”, “d”, “g”, and “h”; also must be equipped with systems according to letter “a”, which might be dismounted; when they have a weight of up to 0.3 ton may not have systems of letter “b”.
4. Tracked agriculture machines provided for in Article 57, point 2, letter “b”, must be equipped with systems of letters “a”, “b”, “g”, “h”, and “i” of point 2; tracked agriculture machines provided for in Article 57, point 2, letter “b” number 1, when they have a total weight less or equal to the allowed weight for trailing of agriculture
93 machines which track technological agriculture machines without brakes, may not have systems provided in point 2, letter “b”. It is allowed, for tracked agriculture machines with the exception of agriculture trailers, that systems of letter “a” point 2, be dismountable.
5. Respective technical conditions of construction characteristics of agriculture machines and of the systems which they must be equipped with when are not provided for by the provisions of this Code, are provided for by the instruction of the Minister of Public Works and Transport in agreement with Minister of Agriculture and Food excluding problems of noises and of environmental pollution which are the competence of the Ministry of Health. By the same procedure may be foreseen characteristics, number and methods of use of systems mentioned in this Article.
6. Agriculture machines provided for in Article 57, point 2, must also correspond to provisions on means and systems of protection, provided for in the standards for security and the hygiene. For these violations the administrative additional measure of the withdrawal of the traffic permission up to carrying out the technical check on the spot as well as for the environmental protections from any kind of pollution.
7. When instructions according to point 5 are subject to International Agreement where our country is a party to technical conditions or those which are parts of these agreements for approximation is excluded the right of interested persons, to require application of the technical conditions of regulation or recommendations published by the European office of UN- Economic Commission for Europe, agreed with the competent respective Ministry.
8. With the same instructions may be obligatory the meeting of the unification standards which related to the provisions of points 1, 2, 3,4, 5, and 6.
ARTICLE 106
Verification of agriculture machines for compliance with the traffic requirements
1. Agriculture machines provided for in Article 57, point 2, are subject to the identification data verification, of the motor power when it is necessary and of the compliance technical conditions and characteristics provided for by the legal rules. The existing provisions of this Code provide for the categories of tracked agriculture machines which are exempted from this verification.
2. Verification according to point 1, is carried out during controls and tests by authorities of the General Directorate of the Road Transport Services according to methods provided for in the instructions of the Ministry of Public Works and Transport who takes into consideration the preliminary opinion of the Ministry of Agriculture and
94 Food excluding issues related to noises and environmental pollution which are the competence of the Ministry of Health.
3. For agriculture machines mentioned in point 1, which are produced in line, the verification is carried out on a prototype through the approximation, of the type according to methods established with instruction from the Minister of Public Works and Transport who takes into consideration the preliminary opinion of Minister of Agriculture and Food, excluding issues which are related to noises and environmental pollution which are the competence of the Minister of Health. Excluding international agreements, general or partial approximation issued by a foreign country may be recognized only on a reciprocity basis.
ARTICLE 107 Issuance of technical compliance with the traffic and traffic permission for agriculture machines
1. To enter into the traffic, agriculture machines, with exemption provided for in point 1, Article 106, must be equipped with a technical compliance with the traffic certificate or with the traffic permission.
2. Technical compliance certificate of the traffic or the traffic permission is issued after positive finalisation of the verification provided for in Article 106, point 1, on the basis of the documents which can define the origin of the agriculture machine. In the existing provisions of this Code, are foreseen the content and technical conditions of the certificate of technical compliance with traffic certificate and permission.
3. For agriculture machines not produced in line, including and prototypes of productions in line, documents of origin is composed of the certificate of origin of the form which is issued by construction or production factory. When it is the case with agriculture machines constructed with special parts must be submitted the documents of origin for each part.
4. For agriculture machines of the approximated type produced in line, the constructor or his legal representative, issues to the buyer a model statement, according to the model approved by the Ministry in charge of the specific activity, which certifies that the agriculture machines, with all its part, is in accordance with the approximated type. With this statement, the constructor has full legal responsibility. This statement, when it is issued has the validity of the certificate of origin.
5. For agriculture machines of approximated type, travel documents mentioned in point 2, are issued based upon the statement of compliance with the approximated type, without carrying out further verifications.
95 6. Anyone who issues statement of compliance for agricultural machines which are not in conformity with the approximated type, is penalized with a fine from 25 000 (twenty five thousand) lek up to 100 000 (one hundred thousand) lek.
7. The issue of the technical compliance with the traffic certificate or of the traffic permission, is suspended when elements that imply the possibility of a penal crime appear.
ARTICLE 108
Compliance control of agriculture machine with approximated type
1. Agriculture machines and respective systems of approximated type, are identified for the purpose of Article 74.
2. The Ministry in charge of the specific activity may undertake to carry out in every moment the compliance verification with the approximated type, of agriculture machines which are not registered yet and of respective systems, destined for the internal market and that are identified according to standards of point 1. By instruction of the Minister of Public Works and Transport, who takes in consideration preliminary opinion of the Minister of Agriculture and Food, excluding issues related to noises and environmental pollution which are the competence of the Minister of Health provide for criteria and methods of receiving and verification of agriculture machines and respective payments in charge of the head for which the approximation is carried out.
3. Through the same instruction are foreseen procedures which must be followed up for the suspension or cancellation of the approximation, in cases when, during controls according to point 2, results that it is not respected the compliance of series with the approximated type.
4. Anyone who produces or sells an agriculture machine, which is not in accordance with the approximated type, is penalized with a fine from 25 000 (twenty five thousand) lek up to 100 000 (one hundred thousand ) lek.
5. Anyone who produces or sells an agriculture machine approximated and that issues a compliance statement in accordance with the approximated type, not equipped with the identification data according to rules of point 1, is penalized with a fine from 2 500 (two thousand five hundred ) lek up to 10 000 (ten thousand) lek.
ARTICLE 110
96 Registration, traffic permission and certificate of technical compliance with the traffic of agriculture machines
1. Agriculture machines mentioned in Article 57 point 2, letter “a”, number 1 and 2 letter “b”, number 2, excluding agriculture trailers with total weight not exceeding 1.50 ton, to move on the road must be registered and equipped with the traffic permission. While agriculture machines mentioned in Article 57, point 2, letter “a” number 3, and letter “b”, number 1, with the exceptions mentioned in Article 106, point 1, and agriculture trailers with a total weight not exceeding 1.50 ton , to move on the road must be equipped with the certificate of technical compliance with the traffic.
2. The traffic permission or certificate of technical compliance with the traffic, are issued by the offices the General Directorate of the Road Transport Services. These offices take measures for the registration of agriculture machines mentioned in Article 57, point 2, letter “a” number 1 and 2, letter “b”, number 2, excluding agriculture trailers with a total weight not exceeding 1.50 ton, on behalf of the means owner or of the person carrying out agro - mechanical works or renting agriculture machines, and also on behalf of public entities or companies.
3. Changes of ownership of agriculture machines, which are subject to registration, and the change of placement or residence of their owner, must be notified within 10 days, to the offices the General Directorate of the Road Transport Services together with the respective documents and the traffic permission of the new owner and by the possessor of the traffic permission. When the request submitted concerning the transfer of ownership is a biased action, these offices must secure a responsibility statement as well as take measures to notify the new owner according to the procedure defined in Article 94, point 4 when this is applicable.
4. The registration of changes of ownership is possible only when the new owner fulfils requirements of point 2.
5. The existing provisions of this Code define the substance and characteristics of traffic permission and certificate of technical compliance with the traffic of the approximated type, and the procedures for carrying out the foreseen changes in points 2, 3, and 4.
6. Anyone who is moving on the road with an agriculture machine for which is not issued the traffic permission or the certificate of technical compliance with the traffic, is penalized with a fine from 10 000 (ten thousand ) lek up to 40 000 (forty thousand ) lek. In cases when the notification about the transfer of ownership or the location or residence is not done in due time, is penalized with a fine from 2 500 (two thousand five hundred ) lek up to 10 000 (ten thousand) Lek. As a result of this violation is taken the additional administrative measure of the withdrawal of the traffic permission of the certificate of the technical compliance for the service.
ARTICLE 110
97 Control of agriculture machines
1. The Ministry of Public Works and Transport in agreement with the Ministry of Agriculture and Food, orders the general or partial control of agriculture machines registered according to the rules of Article 109, with the purpose of verification of the minimal requirements of traffic security, as well as of their technical condition.
2. Authorities of the General Directorate of the Road Transport Services and of the road police, when doubts concerning meeting respecting requirements have been raised according to point 1, may order at any time the general control for particular agriculture machines.
3. The existing provisions of this Code establish procedures, terms and methods of carrying out the control, mentioned in this Article, and when it is necessary, the criteria for the verification of the minimal requirements of compliance with the traffic which must fulfil agriculture machines in traffic as well as of their technical condition.
4. The Ministry the Public Works and Transport in agreement with the Ministry of Agriculture and Food, may order modification of rules provided for in this Article, to adjust them with the respective provisions of the international agreement.
5. For agriculture machines mentioned in point 1, are applied rules of Article 79 point 7.
6. Anyone who moves on the road with an agriculture machine which has not turned up for control, is penalized with a fine from 1 000 (one thousand) lek up to 4 000 (four thousand ) lek. As a result of this violation an additional penalty of the withdrawal of the traffic permission or of the certificate of technical compliance with the traffic is taken.
ARTICLE 111
Modification of the technical characteristics of the traffic of the agriculture machines and updating of the traffic permission
1. Agriculture machines, which are subject to the verification of the requirements according to Article 106, must not show up distortions compared with the characteristics shown in the traffic permission or in the certificate of technical compliance with the traffic or changes or damages of the defined systems.
2. Competent authorities of the General Directorate of the Road Transport Services on the request of the interested person, carry out tests of verification foreseen in Article 106, point 2, for the agriculture machine which has been subject to modifications of one or more characteristics, or to one or more systems which are foreseen in traffic
98 documents; when the control results positive, the above mentioned offices carry out the updating of those documents.
3. For agriculture machines that must be registered and equipped with traffic permissions, are applied respective provisions of Articles 92, 93, 94, 95, 97 and 102.
4. Anyone who moves on the road with an agriculture machine which has different characteristics from those shown in point 1, and which has systems provided for in the legal rules changed, damaged or absent, is penalized with a fine from 5 000 (five thousand ) lek up to 10 000 (ten thousand ) lek, except for the cases when it constitutes a crime.
ARTICLE 112
Number plates of agriculture machines
1. Self-movable agriculture machines mentioned in Article 57, point 2, letter “a”, number 1 and 2, to move on the road must be equipped with a number plate on the back side which contains registration data. End side of the complex of the agriculture machines, holds the copy of the number plate of the tracking agriculture machine. For these self- movable agriculture machines is issued a copy of the number plate which is used when the agriculture machine complex have been set up.
2. The agriculture trailers, excluding those with a total weight not exceeding 1.50 ton, must be equipped with a special number plate which contain the registration data of the trailer itself.
3. Plating of agriculture machines is disciplined by respective provisions of Article 99 and 101. For production, distribution and return of plates, is applied Article 100.
4. Anyone who violates provisions of this Article, is penalized with penalties according to Article 99, 100 and 101.
5. The Minister of Public Works and Transport defines through a special decree, procedures for application of provisions of paragraph 3.
ARTICLE 113
Road traffic of technological machines
1. To move on the road, technological machines must respect limit volume measures and limit weights provided for in Article 61 and 62, while for construction rules and equipment systems must be respected the provisions of Article 105.
99 2. To move on the road, technological machines must be registered at the offices of the General Directorate for Road Transport Services that issue traffic permission to whom certifying that he/she is the owner of the means.
3. To move on the road, technological machines must respect provisions of Article 99, 106, 107, 110 and 111. Technological machines, which for functional requirements exceed limit volume measures provided in Article 61 and 62, are considered technological machines out of standard and for them are applied rules provided for in Article 103, point 8.
4. To move on the road, self-movable technological machines and those tracked, must be equipped with a recognition number plate which contains the registration data.
5. Ways of application of points 2 and 3, and for those which are related to the modifications in the means definition, the content and the characteristics of the traffic permission established by instruction of the authorities of the Ministry of Public Works and Transport.
6. Methods for the registration and plating are foreseen in special acts.
7. Anyone who violates the provisions of this Article is penalized with the same penalties provided for in the same violations towards the agriculture machines.
CHAPTER 4
DIRECTIION OF MEANS AND BEASTS
ARTICLE 114
Requirements to be met for directing means and beasts
1. Anyone who directs vehicles or beasts of burden has to fulfil the physical and mental requirements and has to be of the following age:
a) Fourteen years old to direct means pulled by beasts of burden, cargo or saddle, or flocks, herds or other groups of beasts.
b) sixteen years old to ride the motorcycles of up to 50 cc cylinder capacity.
c) eighteen years old to drive the means with motor for the driving of which is required the driving license of A and B category according to Article 115.
2. Anyone who drives means with motor must not be older than :
100 a) sixty - five year old, to drive means with motor for transport of goods.
b) sixty year old to drive means with motor of public service: buses, trucks, trailer trucks, semi-trailers, destined for the transport of persons. This limit can be increased every year, up to sixty - five year old, when the driver presents a special evidence about the physical and mental requirement after an annual specialized medical visit, according to the methods provided for the existing in regulations.
3. Anyone that drives means and does not fulfil the requests of this Article except for the following cases, is penalized with a fine of 5 000 (five thousand) lek up to 20 000 (twenty thousand) lek.
4. Anyone who uses means or beasts and gives the permission of directing them to the persons that do not fulfil the conditions required in this Article, is penalized with a fine of 2 500 (two thousand five hundred) lek up to 10 000 (ten thousand) lek, when it is the case with vehicles, or with a fine of 1000 (one thousand) lek up to 4 000 (four thousand) lek, when it is the case with beasts or means pulled by beasts.
5. The violations of the above mentioned provisions, if done by means with motor, is penalized even with the administrative traffic ban of the means for 30 days.
ARTICLE 115
The driving and the certificate professional ability to drive motor means and vehicles
1. It is not allowed to drive vehicles or motor means without the driving license issued by the respective branch of the General Directorate of the Road Transport Services which includes the district where the applicant is a resident.
2. To give the tests of the ability for the driving license must be addressed with a written request to the respective branch of the General Directorate of the Road Transport Services where the requesting person has his residence and the specific physical and mental requirements have to be fulfilled.
3. The driving license according to the model of the European Communities, as it is defined in the following provisions, must maintain the indicator of the blood’s group of the person holding the driving license, who is even obliged to verify their accuracy. This indicators must never and in no case serve as authorization for doing possible blood transfusions. The driving license is specified according to the categories and ability in driving the means, and defined according to each of the following categories:
101 A- Motor means of total weight but without the freight up to 400 kg.
B- Motor means, except the motorcycle as well as vehicles with a total weight of not more than 3.50 ton and not more than 8 seats, except the seat of the driver, even though they may pull a light trailer or a trailer that does not exceed the weight of the pulling means without the cargo, provided that the total weight with a full cargo for both means must not exceed the 3.50 ton.
C - Vehicles of total weight with full freight, more than 3.50 ton, even though they could pull a light trailer, except for the vehicles for which is needed a driving license of D category.
D - Buses and other vehicles designed for the transport of persons, have more than 8 seats, except for the driver’s seat, even though they could pull a lightweight trailer.
E - Vehicles for driving of which is needed a driving license of B, C and D category, for which the driver is qualified for, when they pull a trailer that is not included in any of the above mentioned categories, half trailers and other articulated vehicles, destined for transport of persons provided that the driver has a driving license of category D for half trailers, or other articulated vehicles provided that he has the driving license of the C -category.
4. The light - weight trailers are considered those with full freight up to 0.75 ton.
5. Invalids, even though they can have several statuses for invalids, can obtain the driving license of A, B and C category also when a pulling light - weight trailer. The driving licenses of C category can be restricted in driving of the special means with special characteristics, according to the result of the control defined in Article 117, point 4. The restrictions must be reflected into the driving license précising what kind of prosthesis is restricted and, when needed, what kind of modifications must be made to the vehicle. They may not drive means of taxi - services, or rent a means with driver used for the transport of persons, or for services in line, and auto ambulances and means that are used for the transport of the dangerous goods or to transport more than 8 persons, except for the driver.
6. May be qualified to drive a vehicle for which is required the driving license of C category, only the persons that are able to drive vehicles and motor carriages for which is required the driving license of B category, and that have worked using this category for 12 months. May be qualified to drive vehicles for which is required the driving license of D category, the persons that are able to drive vehicles for which is required the driving license of C category and that have used this category for three years. May be qualified to drive vehicles for which is required the driving license of E category, only the persons that are able to drive vehicles for which is required the driving license of B, C and D category and that have worked in one of the categories at least for 12
102 months. May not get qualified to drive means of public service the drivers with B and C category of driving license.
7. The validity of the driving license may be extended by the competent offices that have issued it, through the verification of the mental and physical abilities and the test, according to the different categories of the means.
8. In the cases foreseen by the international agreements, where Albania adheres to, to drive the means for certain professional transports, the holders of the valid driving license for the given category, must take the certificate of the skillness, the adaptability, compliance or professional capacity and qualification issued by the offices of the General Directorate of the Road Transport Services. This certificate may not be given the invalids or handicapped persons.
9. In the existing regulations, in compliance with the international norms are defined the types of the professional certificates according to point 8, as well as the requests, the procedures and the program of tests in order to pass them. In the same existing regulations will be indicated the models and characteristics of the driving licenses and ways to avoid the forgery.
10. The holder of the driving license must in 30 days notify the competent office of the territory under the competence of the Municipality or District where he is a resident about the change of the place of residence inside the same municipality or district or from one municipality or district to the other ones by showing the driving license to make the needed corrections on it. The changes are carried out immediately.
11. Anyone that possesses a means materially and gives it for use to a person without the driving license, is penalized with a fine of 25 000 (twenty - five thousand) lek up to 100 000 (one hundred thousand) lek and with the suspension of the driving license for one year.
12. Anyone who drives a vehicle or motor means without the driving license, is penalized with a fine of 25 000 (twenty - five thousand) lek up to 100 000 (one hundred thousand) lek. The same penalty is applied for the drivers that drive without the driving license as they have been withdrawn or has not been renewed to them due to non fulfilment of the conditions provided for by this Code.
13. Anyone that despite having passed the successful tests, according to Article 119 drives a means without having the driving license, is penalized with a fine of 2 500 (two thousand five hundred) lek up to 10 000 (ten thousand) lek.
14. Anyone who drives vehicles or motor means without having been equipped with the driving license, but that is not equipped with the certificate of the professional ability, when it is obligatory or with the proper declaration that replaces it, issued by the competent office of the General Directorate of the Road Transport Services when it has been not possible to be equipped with the certificate of the ability within 10 days
103 from passing the tests, is penalized with a fine of 5 000 (five thousand) lek up to 20 000 (twenty thousand) lek.
15. The holder of the driving license, that does not make the needed corrections about the change of the living place in his or her driving license, is penalized with a fine of 2 500 (two thousand five hundred) lek up to (ten thousand) lek.
ARTICLE 118
The moral requirements obtain the driving license
1. Are not allowed to get the driving license usual or professional, evildoers and those that have the tendency as well those who have been subject to personal security measures or preventing measures foreseen by the courts decision concerning dangerous persons for public security and morale but with the exception of rehabilitatory measures.
ARTICLE 119
The tests for obtaining the driving license
1. The driving license can be ensured after passing a test of the ability to drive and behaviour and a control test about the theoretical knowledge.
2. According to point 1, the tests are carried out based on the foreseen instructions, ways and programs defined by the Minister Public Works and Transport in compliance with the international agreement and with the help of the audio-visual equipment test questionnaires and of every thing else that has an impact on the formulation of a uniform judgment.
3. The tests for the driving license, for the certificate of the professional qualification according to Article 115 and the adaptability test of trainers as well as of driving instructors is done by the subordinates of the General Directorate of the Road Transport Services.
4. In the existing regulations are foreseen the professional requirements for the subordinates of the General Directorate of the Road Transport Services that are designated to carry out the tests according to point 3.
5. In the existing acts are defined the ways of approval of the setting up of the driving schools, of the organization and functioning of such schools, the rules and methods for organizing the qualification courses and the qualification exams for the staff.
104 6. The test of those who have attended a driving school may be carried out at the same school, if it is equipped with suitable premises, which have been confirmed by the competent office of the General Directorate of the Road Transport Services or from the instruction centres, which has been set up and validated by this Directorate.
7. The tests are public.
8. The tests ( exams ) can not be given before the realization of the theoretical practical program according to the category of the driving license and not later than the deadlines foreseen in the existing acts.
9. The practical exercise of driving, except that for getting the driving license of A category, must be done in any case with means equipped with double commands.
10. From a test with negative results to another test should pass at least 30 days and not more than the deadlines foreseen under the existing acts.
11. After a successful test, the competent office of the General Directorate of the Road Transport Services lays out the needed documentation and issues the driving license, according to the methods and deadlines under the existing regulations of this Code.
ARTICLE 120
The exercises of driving the means
1. The student that is registered in the driving school, is equipped with the authorization to exercise in driving the means issued by the offices of the General Directorate of the Road Transport Services.
2. The authorization allows the student to exercise with the means of the category for which is applied for the driving license, or extension of the validity under the condition that the student is surveyed by a persons in the capacity as licensed driving instructor and who is no more than 60 year old and not younger than 30 years old, and equipped with the driving license valid for the same category of the means and having received it at least since 10 years before, or with a driving license valid for a higher category of the means. The instructor must be very careful during the driving and able to intervene with efficiency in due time.
3. For the candidates (students ) authorized to exercise the driving in order to obtain a driving license of A category, are not applied the rules of point 2, but those of point 5.
4. The vehicles authorized to exercise in driving for the purposes of getting a driving license, must be equipped with a distinguished mark “The driving school”. The
105 features of this distinguished marks and the methods of their use are provided for under the existing regulations. Anyone, who violates the dispositions of this point is penalized with a fine from 5 000 (five thousand) to 20 000 (twenty thousand).
5. The exercises with means in which besides the driver no other person in the role of the driving instructor may sit next to him are carried in less frequented and allowed locations.
6. The authorization of the student is valid for 12 months. From the issue date and within this deadline the student is entitled to show up in the tests up to three times.
7. Anyone who drives without the authorization of exercising the driving, but when next to him/her sits instead of the instructor a person foreseen in point 2, is penalized with a fine of 25 000 (twenty - five thousand) lek up to 100 000 (one hundred thousand ) lek. The same penalty is applied to the person that plays the role of the instructor.
8. Anyone, who is equipped with the authorization for exercising the driving and that drives without having next to him/ her a person appointed as the instructor as provided for in point 2, is penalized with a fine of 25 000 (twenty five thousand) lek up to 100 000 (one hundred thousand) lek. He/she is penalized even with an additional fine of the means suspension for three months. For the violations provided for in point 5, is applied the fine of 5 000 (five thousand) lek up to 20 000 (twenty thousand) lek.
ARTICLE 121
Driving schools
1. The schools for the traffic education, teaching and qualification of the drivers are called driving school.
2. Driving schools must be subject to licensing, administrative and technical surveys by the Districts, offices of the General Directorate of the Road Transport Services.
3. The rights to give licenses and for the administrative surveying of the driving schools are exercised based on special decrees of the Minister of Public Works and Transport in compliance with the law dispositions and in an uniform way with the technical surveying of the teaching process as well as for the reduction of the number of the driving schools, depended on the population, on the number of means per resident and the sizes of territory.
4. The natural and juridical persons, associations and entities may get licenses. The principal of the license according to point 2, must directly and personally administrate
106 the activity and the driving schools ownership, being responsible to the license issuing authority for its functioning.
5. The license is given to the one that is 30 years old, has a good conduct, and has got the financial capacity, has a diploma in mechanical engineering since before 1974, or in transport engineering or as a transport officer who has obtained a diploma at the Land Forces Academy skilled as teacher for the theory, or as a driving instructor. For the juridical persons, the conditions in this point, except for the condition of the financial capacity, that must be met by the juridical person, are required to be met by the legal representatives and in cases of associations and entities by their delegated person.
6. Are not allowed to get the license the usual, professional evil- doers, or those that have that tendency, as well as those subject to measures of personal security or those preventive ones according to Article 118.
7. The driving schools must possess an appropriate technical and equipment school and have teachers and driving instructors approved by the General Directorate of the Road Transport Services which at the proposal of its organs issues a special certificate of professional qualification. When some authorized driving schools get together and create a vehicle instructive centre, approved by the District office of the General Directorate of the Road Transport Services, according to the uniform criteria fixed by the decree of the Minister of Public Works and Transport the general equipment and the personnel may be reduced in a suitable way.
8. The license is suspended for a period of one up to three months by the organ issuing it when: a) The activity of the driving school is not developed regularly;
b) The principal does not replace the teachers and instructors that are considered as unsuitable by the District office of the General Directorate of the Road Transport Services;
c) The principal does not respect the orders issued by the District offices of the General Directorate of the Road Transport Services with a view to improve the functioning of the driving school.
9. The license is cancelled by the organs issuing the license when:
a) is ascertained that it lacks the financial capacity and are not fulfilled the moral requirements of the principal of the license.
b) is ascertained that it lacks the technical and teaching equipment of the driving school.
c) is applied two license cancellation measures within a year.
107 10. The Ministry in charge of the respective activity defines, with its decrees, the minimal needed financial capacity; the suitability requirements for teachers and instructors of the driving school; the conditions for premises and teachers and equipment, that must make possible as well the normal development of the tests and the time duration of the courses; program tests for the technical ability of the teachers and instructors; programme tests with the purpose to receive the driving license are laid out by the authority that issues the driving license.
11. Anyone that administers a driving school without the proper license will be penalized with a fine of 50 000 (fifty thousand) lek up to 200 000 (two hundred thousand) lek. This violation is penalized with the additional fine of the immediate closing down of the driving school and the cancellation of its activity.
12. Anyone who teaches the theory of driving or instructs the driving of the means of the driving school without being equipped with the qualification certificate and the copy of the driving school license is penalized with a fine of 10 000 (ten thousand) lek up to 40 000 (forty thousand) lek as well as with the suspension of the activity of the school for three months.
13. In the existing regulations are defined the methods of the issue of the license according to the point 2.
ARTICLE 122
The driving of agricultural and technological vehicles
1. To drive agricultural vehicles, except for those that are driven from the land and the technological vehicles, except for those of steam which move on the road, the driver needs to have one of the driving licenses indicated in Article 115, point 3 and concretely:
a) of A category, for driving agricultural vehicles mentioned in the Article 115 point 3.
b) of B category for driving agricultural and technological vehicles.
c) of C category for technological vehicles out of standard.
2. With the decree of the Minister of Public Order and Transport, are provided for the type and the characteristics of the mentioned vehicles in point 1, that after having been properly adjusted can be driven by the invalids or handicapped with a special driving license of A or B category, provided for in Article 115, point 5.
108 3. When the adjustment is not needed, the same decree mentioned in point 2, provides for the type and the characteristics of the means shown in point 1, that must be driven by the invalids and by handicapped persons.
4. Anyone that drives an agricultural vehicle or technological one without being equipped with the driving license is penalized with a fine of 2 500 (two thousand five hundred ) lek up to 10 000 (ten thousand) lek.
ARTICLE 123
The validity of the driving license
1. The driving licenses of C, D and E category are valid respectively even for driving the means under B category license and for driving the means under B and C category license and for driving under B, C and D category license.
2. The special driving license for driving the means of A, B and C category, that is issued to the invalids or handicapped persons is valid only for driving of the means that have the same characteristics with them that are shown in this driving license and in the traffic license.
3. Anyone that drives a means for which is required a different driving license from the driving license possessed by the driver, or that drives a means of public service equipped with the driving license, but not with the certificate of the professional qualification when it is required is penalized with a fine of 10 000 (ten thousand) lek up to 40 000 (forty thousand) lek, when it does not constitute a penal act.
4. In the same way, anyone who is equipped with the special driving license and drives a means of A, B and C category different from the one shown and fitted according to crippling and handicaps, or when equipped with the special driving license of A, B and C category as invalid or handicapped he/she drives a vehicle, motor-carriage, or other types of means for which is required a driving license different from the driving license he/she possesses, is penalized with a fine of 10 000 (ten thousand) lek up to 40 000 (forty thousand) lek.
5. For the violations provided for in points 3 and 4, is applied a penalty in addition to the withdrawal of the driving license for 6 up to 12 months.
ARTICLE 124
The term and the confirmation of the driving license validity
109 1. The driving license of A and B category are valid for ten years. Where they are given or confirmed for someone who is more than 50 years old at the moment of receiving the driving license, it is available for 5 years and for someone who is more than 60 year old at the moment of obtaining the driving license, it is valid for 3 years.
2. The special driving licenses of A and B category, issued to invalids and handicapped and that of C and D category, are valid for 5 years and for 3 years for the persons of older than 60 years old and the special driving licenses of category C which been issued to the crippled.
3. The Minister of Public Works and Transport with his own decree may foresee shorter terms of validity for some given categories of driving licenses and according to the destination of the means use according to the age of the drivers or to the physical and psychical peculiarities, foreseeing at the same time in what cases must be carried out replacement of the driving license.
4. The verification of the requests foreseen in Article 117, point 1, for driving motor means and vehicles according to Article 115, point 8, must be made every two years. This verification in every two years must be applied even to the persons that are 60 year old and that have the driving license for trucks with a total weight full freight of more than 3.50 ton, auto-trains, semi - trailers, articulators of the transport of goods that have a total weight full freight of not more than 20 ton, and the technological vehicles.
5. The validity of the driving license can be confirmed by the authority that issues the driving license. For this purpose must be presented a medical certificate that dates on not earlier than 3 months before and issued by one of the medical authorities as provided for in Article 117, point 2, from which results that the possessor of the certificate fulfils all the requested physical and psychic conditions. In the case of Article 115, points 5 and 8, the medical visit is done by the commission referred to as in Article 117, point 4.
6. When after the verification as in point 5, results that the conditions for the confirmation of the driving license have not been fulfilled, it notifies the authority that issues the driving license about the result of the verification in order that respective measures as in Article 127, point 3 and in Article 128 are taken.
7. Anyone that drives with an outdated driving license, is penalized with a fine of 10 000 (ten thousand) lek up to 40 000 (forty thousand) lek. For these violations is applied even the additional penalty of the withdrawal of the driving license.
ARTICLE 125
The temporary driving license of the vehicle
110 1. In the cases of lost, theft or cancellation of the driving license, the possessor of the driving license, in 48 hours must denounce it at the police authorities that issue a certificate for this denunciation.
2. The authority that issues the driving license, after having received the certificate as in point 1 and the statement of the administrative responsibility, issues a temporary document for driving with a maximum validity of 30 days.
3. In cases when it is verified the destruction (decomposition) of the driving license, the request for the duplicate driving license can be made immediately.
4. After 30 days have passed and the lost and stolen driving license is not found or returned the driver looks for the next driving license by forwarding a request to the office that issues the driving licenses.
ARTICLE 126
The revision of the driving license
1. The offices that issue the driving license may take the decision to pass through the medical visit at the local medical commission as in Article 117, point 4, or to examine, through the test of the qualification, the possessors of the driving license when there are doubts on the fulfilment of their physical and mental requirements. The result of the medical visit is notified to the office issuing the driving license in order that it takes the measures of the suspension or the withdrawal of the driving license, when it is needed.
2. Anyone that drives without being subject to certain verifications or without passing the tests as in point 1, is penalized with a fine of 5 000 (five thousand) lek up to 10 000 (ten thousand) lek. The same penalty applies to anyone who drives, in spite of having been considered after the medical verifications as in paragraph 1, as temporarily unable to drive.
3. For these violations is applied the additional penalty of the withdrawal of the driving license.
ARTICLE 127
The suspension of the driving license
1. The driving license is suspended for a determined period of time as an additional penalty of the driving ban, when the possessor of the driving license has violated one of the rules of conduct as in Chapter 5, for the period of time provided for in each norm.
111 2. The driving license is suspended for an undetermined period of time, when during the health verifications for the confirmation of the validity or for the revisions made as in Article 126, results the temporary lost of physical and mental abilities as in Article 117. In these cases, the driving license is suspended until the interested person gets a certificate by the local medical commission that verifies the recovery of the needed physical and mental abilities. For the above-mentioned measures of the driving license suspension, is notified the office issuing the driving license.
3. The driving license is suspended by the superior authority of the police agent that has withdrawn it and for the driving license issued by a foreign state, by the competent organ of Local Authorities where has happened the violation as in point 1, The latter informs the proper authority of the state that has issued the driving license about the measures taken and notices it on the document of the driving, when that is possible.
4. It is allowed to complain against the suspension of the driving license within 20 days at the respective organs of the General Directorate of the Road Transport Services. This Directory takes the measures within 30 following days. If it is judged a right complaint, the person is returned the driving license.
ARTICLE 128
The cancellation of the driving license
1. The driving license is cancelled by the authority that has issued it when:
a) the holder of the driving license does not consistently meet the physical and mental requirements foreseen in Article 117.
b) does not fulfil the moral requirements as provided for in Article 118.
c) after passing through the revision as in Article 126 results as not more able to drive.
d) has replaced his/her driving license with a driving license issued by a foreign state.
2. When no more motives for cancellation of the driving license exist, the interested person may directly proceed by giving the tests and doing the verification of the mental physical and requirements provided for in order to confirm the validity, by getting a driving license of a not higher category, than that of the cancelled driving license, under the condition that in this case are not valid the criteria of acceptance as provided by Article 115 for getting the driving license of C, D and E category. The
112 restrictions in driving the vehicle are applied based on the date of the issue of the cancelled driving license.
ARTICLE 129
Foreign diplomatic corp.
1. The violations of this Code by the Diplomatic and Consulate Corps Members in Albania, or by other persons related to these violations, who enjoy immunity within limits foreseen by international standards, are notified by the superior offices or institutions of those who have ascertained the violations to the Ministry of Foreign Affairs which makes the necessary notifications via diplomatic channels.
2. For the cars and other vehicles that are used for mixed transport of persons and goods and belong to the members of Diplomatic Corps, or Consulates and to the other persons as in point 1, the Ministry in charge of the respective activity, at the request of the Foreign Ministry, based on the existing regulations and on the basis of visits and defined tests, issues the traffic permission and takes the measures to register them, giving special recognition number plate, according to the types and characteristics defined by the decree of the Minister of Public Works and Transport in agreement with the Minister of Foreign Affairs.
3. The violations during driving of the vehicles, equipped with special plates as in point 1, by the persons different from them specified in point 1, are treated under the usual legal procedures and are made the appropriate notifications via Diplomatic Channels for the principal of the vehicle.
4. The validity of the special plates and of the traffic permissions issued as in point 2, is expired at the moment of the termination of the diplomatic status of the owner of the vehicle. The return of the number plates and proper permissions must be made within 30 days from the expiry date.
5. The provisions of this Article are applied under the condition of the mutuality, except for the special agreements with the international organizations.
ARTICLE 130
The traffic of the means registered in foreign states
1. Vehicles, motor means and semi-trailers registered in foreign states and that have carried out the custom procedures, as foreseen, are permitted to drive in Albania for not more than one year based on the documents of registration of the state of origin and on the international traffic permission.
113 2. For the citizens that live in Albania and for the juridical persons established in Albania are applied the conditions of Article 93.
3. The number plates of the vehicles shown in point 1, must be clearly readable and must contain distinguished marks of the registration formed by numbers in Arabic and in capital Latin letters according to the methods foreseen in the existing regulations.
4. The non-compliance with the standards of point 1, leads to the ban from entering into the national territory.
5. Anyone that violates the dispositions of point 1, is penalised with a fine of five thousand up to 20 thousand lek.
ARTICLE 131
The state distinguished marks of registration
1. Vehicles, motor means and trailers registered in a foreign state, when in movement in Albania, must be equipped on the back side of the means with the distinguished mark of the state where the registration has been made; the mark must be in accordance with the provisions of international agreements.
2. It is forbidden the use of a different mark from that of the state, where the registration of the means has been made, on the Albanian or foreign vehicles, motor means and trailers.
3. Anyone, that violates the provisions of this article, is penalised with a fine from five thousand lek to twenty thousand lek.
ARTICLE 132
The movement of vehicles and motor means, which belong to Albanian citizens living abroad or to foreign citizens
1. For the vehicles, motor means and trailers imported temporarily or new ones bought for export and which have followed customs procedures in time and belong to Albanian citizens living abroad or foreign citizens that pass through Albania, is issued a traffic permission with a maximum validity of 15 days, excluding any possible extensions of this validity and a special recognised number plate as foreseen in the existing provisions.
114 2. Anyone, who violates the provisions of this article is penalised with a fine of five thousand lek up to twenty thousand lek.
ARTICLE 133
Movement with driving licences issued by foreign states
1. The drivers equipped with the driving licences or with international driving licences issued by a foreign state may drive in Albania means for which are valid their driving licences or the international driving licences, provided that they do not live in Albania for more than one year.
2. When the driving licence or the international driving licence issued by a foreign state, are not in accordance with the models, foreseen by international agreements where Albania adheres to, they must be accompanied by an official translation in the Albanian language, or by an equivalent document. Are excluded the cases provided for by special international agreements.
3. The drivers equipped with a driving licence or an international driving licence issued by a foreign state, where for driving the special means is foreseen the provision of a special certificate of professional qualification or with other evidences, except for the driving licence or the international driving licence issued by this state, must be equipped for driving the above-mentioned means with the necessary qualification certificates issued by the respective authority of the state where has been issued the driving licence.
4. Anyone that violates the provisions of point 2 or that has the driving licence but not the certificate of professional qualification is penalised with a fine of ten thousand lek up to fourty thousand lek.
5. The drivers equipped with the driving licence or with the international driving licence, issued by a foreign state, are obliged to apply all the standards and rules provided for in this Code. For them are applied all measures foreseen for possessors of the Albanian driving licence.
ARTICLE 134
The equivalency of the driving licences issued by foreign states and the European Union members states
1. The holders of the driving licence, issued by a member state of the European Union and during the time it is valid and who have a stay permit in Albania, may obtain,
115 through a request and after handing over the above-mentioned driving licence, the driving licence of the same category for which is valid their driving licence without the need to pass through the qualification as in Article 119. The replaced driving licence is returned from the Albanian authority, which has issued the new driving licence to the authority of the Member State of the European Union
2. The provisions according to point 1 are applied, under the reciprocity conditions, also for the possessors of the driving licenses issued by the countries outside the EU, except for the cases when this is decided by international agreements.
3. The issue of driving licenses to replace the driving licenses issued by a foreign state is done after a preliminary control on the fulfilment of the physical, mental and moral requirements foreseen respectively in articles 117 and 118 of the persons that has applied for it. The control of physical and mental abilities is done according to the provisions of Article 124, point 5.
4. The verification of the physical and mental abilities is not required, when it is verified that the issue of the driving license to be replaced issued by a member country of the EU, has been given under the same conditions of meeting physical and mental requirements as provided for in the existing standards. In this case for the validity of the new driving license may not be given a new extension that exceeds the limit provided for in the driving license to be replaced.
5. In the case, when it is requested the replacement, as in the above mentioned points, of a driving license issued by a foreign state, with a former Albanian driving license, is issued a new driving license of category not higher than that of the original one.
6. For those that are residents in Albania for more than one year since the date of the issue of the residency permit and drive the means with driving license or other defined qualification document, issued by a foreign state, that are no more valid, are applied the measures provided for the persons that drive without being equipped with the driving license or with the certificate of the professional qualification.
7. For those that after being equipped with the residency permit since no more than one year and drive with outdated driving license or other documents of qualification issued by a foreign state, or for those that are residents in Albania for more than one year since the date of the residency permit and drive with the above mentioned documents within their validity deadline, are applied measures foreseen for those that drive with outdated Albanian driving license.
ARTICLE 135
116 THE TRAFFIC PERMIT FOR VEHICLES, MOTOR MEANS AND TRAILERS AND THE DRIVING LICENSE
1. The international permissions for vehicles, motor means and semi-trailers, needed for movement in the states, in which, according to international agreements, are required this kind of documents, are issued by the respective offices of the General Directorate of the Road Transport Services after presenting beforehand the national documents concerning the traffic.
2. The respective organs issue the international driving license after presenting beforehand the driving license.
ARTICLE 136
Means and drivers of the Ministry of Defence
1. The Armed Forces of the Ministry of Defence, take measures in a direct way concerning their means for the technical verifications, for the military registration and for the issue of traffic documents and the plates of recognition.
2. The means of the Ministry of Defence, when passing the limits foreseen in Articles 61 and 62, must be equipped to move in non-military roads, with a special authorization issued by the military command, after drawing the opinion of the respective entities, according to the provisions of Article 10, point 6. For the possible association is charged the above-mentioned competent command.
3. The Armed Forces of the Ministry of Defence take measures in a direct way concerning the personnel in the service:
a) for the training and the verification of the necessary qualifications in driving, for the qualification test and for the issue of the military driving license that is valid only for driving the means that belong to the Armed Forces. b) For the issue of the certificate of the qualification of the teachers of the theory and the instructors of the driving school that have to do with the military training as in the letter ”a”.
4. The teachers, instructors and the drivers as in point 3, are not subjects according to the provisions of this Chapter.
5. The persons that are equipped with a military license may obtain the driving license of the respective category without passing through the qualifications tests, according to the equivalency table provided for by the Ministry in charge of the respective activity in co- operation with the Ministry of defence, always when the request has been presented by the authority from whom depend during their military service, or no more than one year after the demobilisation date and the interruption of the military service.
117 6. The personnel equipped with the certificate of the military instructor as a teacher of the theoretical curriculum and practise, for driving the means, may convert the analogue certificate of the civil instructor for driving without passing the test and according to the method defined by the Ministry in charge of the respective activity under the condition that the interested persons present their request within one year after the demobilisation date or the interruption of the military service.
7. The means released from the forces of the Ministry of Defence, may be registered with a civil number plate through the preliminary verification of the foreseen requests.
8. The characteristics of the plates of recognition of the motor means or of the tracked ones that belong to the Armed Forces of the Ministry of Defence are defined by the agreement between the Ministry on which depends the army or the arm of the service and the Ministry in charge of the respective activity.
9. The Armed Forces of the Ministry of Defence, take measures in a direct way, for the road transport of the radioactive and decomposable materials, applying all the technical standards and the security measures provided for this purpose by the standards in force.
10. For reasons of public needs and the use of them for the institution, the means of collective military transport, that belong to the M2 and M3 categories, are converted into suitable means for the public transport.
11. Anyone that is equipped with a military driving license and drives a means registered with a civil number plate, is penalised with the measures provided for in Article 123, point 3.
ARTICLE 137
Service driving license for the personnel in service of traffic police
1. The personnel that is equipped with the driving license and carries out the service of traffic police as shown in Article 12, point 1, for driving the means registed only for this kind of use must be equipped with a special service license, that shows the name and the address of the possessor (holder), all the necessary data for its identification, qualification and the arm in service, the office or the command from which he/she depends.
CHAPTER 5
NORMS OF CONDUCT
118 ARTICLE 138
Basic principle of traffic
1. Road users must behave in such a manner that they do not present a risk or obstacle to traffic and in a manner that, in any case ensures road security.
2. Special conducts, except those provided for in above chapters, are provided for in the following norms.
ARTICLE 139
Velocity (speed)
1. It is the obligation of the driver to adjust the velocity of the means in a way that, having in mind the characteristics, condition and freight of the means, characteristics and the condition of the road, of the traffic and any other circumstances of any kind, any risk for the security of persons and goods and any other reason that creates disorder for the traffic be avoided.
2. The driver, always must keep control of the means and be able to carry out necessary manoeuvres in safety conditions, particularly the immediate braking of the means within sightfield and before any possible obstacle.
3. Particularly, the driver must adjust the velocity in the parts of the road with a limited view, in bends, near crossroads and schools, or other places frequented by children, shown with given signals, on hard slopes, in narrow or difficult passages, during the night, in cases of limited view due to the weather conditions or for other reasons, during passages in urban zones or in the parts of the road in the sides of which there are buildings.
4. The driver shall reduce velocity up to halting, near the passages of pedestrians and, in any case, where the means approach, beasts that are in the road give signs of fear.
5. The driver must not compete in velocity.
6. The driver must move with a reduced velocity up to such a degree that it represents an obstacle or risk for the normal traffic.
7. To the provisions of this Article are subject also the cyclists, pulling animals, beasts of burden and saddle beasts.
8. Anyone, who violates the provisions of points 3 and 5, is penalised with a fine from 10 000 lek up to 40 000 lek.
119 9. When it is the case of violations carried out by drivers mentioned in point 7, the fine is from 200 lek up to 1 000 lek.
10. Anyone, who violates the provisions of point 5, is penalised with a fine from five hundred to two thousand lek.
ARTICLE 140
Velocity restrictions
1. With the purpose of traffic security and protection of people’s life, maximal velocity can not exceed 110 km/h on motorways, 90 km/h on principal interurban roads, 80 km/h on secondary interurban roads and local interurban roads and 40 km/h on urban centres roads.
2. Within the above-mentioned maximal limits, owner entities of roads may establish, placing respective signalling, velocity minimal limits and velocity maximal limits, different from those provided for in point 1, on a given road or parts of roads where it is not possible to applied the criteria provided for in point 1, becomes necessary to establish other limits according to the instructions to be provided for by the Ministry in charge of the respective activity. Owner entities of roads have the obligation to immediately re- establish velocity limits, in cases where are no more existent causes, which obliged the establishment of special limits. The Ministry in charge of the respective activity may change the measures taken by the owner entity, when those are contrary to its instructions and however with the criteria of point 1. The same ministry, also, may change limits there where the owner entity has not acted; in case of not acting, the Ministry in charge of the respective activity may act directly for carrying out needed works, with the right of indemnity by the road owner entity.
3. The following category of means may not exceed the following velocities:
a) Mopeds: 30km/h;
b) Motor vehicles or motor cars used for risky transport of goods, where are travelling with freight: 50 km/h outside urban areas; 30 km/h within urban areas;
c) Agriculture and technological machines: outside urban areas: 40km/h and 20 km/h inside urban areas where they have pneumatic tires or other equally valid systems; 15 km/h in all other cases;
d) Auto-carriage: 60 km/h outside urban areas and 30 km/h in urban areas;
120 e) Auto-trains composed of a motor vehicle and a trailer according to letters “h”, “i” and “l” of Article 54, point 1: 70 km/h outside urban areas; 35 km/h inside urban areas; 80 km/h on the motorway;
f) Buses and trolley buses with total weight with full freight exceeding 8 ton: 70 km/h outside urban areas; 35 km/h inside urban areas; 90 km/h in motorways;
g) motor vehicles destined for the transport of goods or other uses, with a total weight with full freight exceeding 3.5 ton up to 12 ton: 70 km/h outside urban areas; 90 km/h on the motorway;
h) motor vehicles destined for transport of goods or other uses, with a total weight with full freight exceeding 12 ton; 60 km/h outside urban areas: 80 km/h on the motorway;
i) trucks with a total weight with full freight 5 ton used for transport of persons according to Article 81, point 6: 70 km/h outside urban areas; 80 km on motorway;
j) transport loading machines when are travelling with full freight: 30 km/h inside urban areas; 60 km/h outside urban areas.
4. On the back side of the means mentioned in point 3, with the exception of letters “a” and “b”, must be shown maximal velocity allowed. Where there are complexes of means the indicator of limit velocity is placed on the trailer or semi - trailer. Are executed from this obligation military motor vehicles included in letters “c”, “g”, “h” and “I” of point 3.
5. In all the cases when it is provided the limit velocity, remain in power obligations provided by Article 139.
6. To certify violations of limit velocities, are considered as evidence results of apparatuses approximated according to rules, records of tachographs and respective documents of passages in motorway, according to the definition in the existing provisions.
7. Anyone who does not respect minimal limits velocity or exceeds the maximal limits of velocity with no more than 10 km/h, is penalized with a fine from 500 (five hundred) lek up to 2 000 (two thousand ) lek.
8. Anyone who exceeds the limits of velocity with more than 10 km/h and no more than 20 km/h, is penalized with a fine from 1 000 (one thousand) lek up to 4 000 (four thousand) lek.
9. Anyone who exceeds the limits of velocity with more than 20 km/h, is penalized with a fine from 2 500 (two thousand five hundred) lek up to 10 000 (ten thousand ) lek. As
121 consequence of this violations is charged the additional penalty of the suspension of the driving license from 1 up to 3 months. If the violation is carried out by a driver who posses the driving license since less than 3 years, the suspension of the driving license is done for 3 up to 6 months.
10. Anyone who violates the provisions of point 4, is penalized with a fine from 250 (two hundred fifty) lek up to 1 000 (one thousand) lek.
11. If violations provided for in points 7, 8 and 9 are carried out during driving of a means mentioned in point 3, letters “b”, “e”, “f”, “g”, “h”, and “I”), is doubled the foreseen fine.
12. When the possessor of a driving license, repeats within one year the violation provided for by point 9, is taken additional penalty of the suspension of driving license from 4 up to 12 months.
ARTICLE 141
Position of the means in the carriage way
1. The means must circulate on the right side of the carriage way and near its right limit, even when the road is free.
2. Means without motor and beasts, must stay as much as possible near the right limit of the carriage way.
3. The provision of point 2 is applied also for other means, when crossing or passing or a bend or convex linkage, excluding cases of traffic on the road with two separated carriage ways, or with one carriage way with at least two parts for each movement direction, or with one way with only one unique direction.
4. When a road is divided in two separated carriage ways must be circulated on the right way; when it is divided in three separated carriage ways, must be circulated in the right or centre carriage way, except the cases when it is otherwise signalled.
5. Except for the cases when is otherwise signalled, when a carriage way is with two or more lanes for movement direction must be circulated on the right most free lanes on the left are reserved for marching past.
6. On the roads of types A) and B) according to Article 2, point 2, with three or more lanes for movement direction, the right lane reserved to slow means.
7. Inside urban areas, except for cases when it is otherwise signalled, when a carriage way has two or more lanes for movement direction must be driven in the free lane which is more on the right; line or lines on the left are reserved for the marching. Nevertheless the drivers, for any intensity in the traffic, may use the most suitable lane
122 in relation with the direction to be taken for the next crossroad; the drivers themselves must not change the lane except for cases when will prepare for turning on the right or left, or stopping, in accordance with the rules governing these manoeuvres.
8. On the roads with tram rails on surface, means may go over those rails, on condition that, in accordance with the traffic requirements do not impede or slow down the movement of trams and it is not otherwise signalled.
9. On the roads with two pails of rails on the surface, both on one side of the carriage way, the means may be driven on the left of the zone of rails as long as they remain always within respective parts of the carriage way according with to direction of traffic and do not to impede the movement of passengers.
10. Anyone who is driving in contravention on bends, on convex linkages or in any other case with a limited view or is going through carriage way in contravention, when the road is divided in some separate carriage ways, is penalized with a fine from 1 000 (one thousand ) lek up to 4 000 (four thousand ) lek . As a consequence of this violation is applied the additional penalty of the suspension of the driving license from 2 up to 6 months. If the violation is repeated the suspension of the driving license is applied from 4 up to 12 months.
11. Anyone who violations of this article is penalized with a fine from 500 lek up to 2 000lek.
ARTICLE 142
Traffic of means in parallel lines
1. The traffic in parallel lines is allowed on carriage ways with at least two lanes for each movement direction, when the density of traffic is such that the means do occupy the whole part of the way reserved for their direction of movement and moves with a velocity which is conditioned by the velocity of means moving ahead, or in cases when traffic policemen authorize such a thing. Is also allowed to traffic in parallel lines on road segments before controlled crossroads by lighting signals or with hand; in such a case, when is given the signal ‘free way’, this way of the traffic must continue also in the zone of the manoeuvre of this crossroad.
2. In the traffic in parallel lines, is allowed that drivers, except for cases of means without motor and motorcycles, do not to position themselves near road limit, in order to remain in the pre-selected lane.
3. The passage from one lane to another, is allowed, through preliminary signalling, only when right lane must be kept with intention to turn on the right, or the last lane on the left with intention to turn on the left, or to reduce the velocity or to carry out a voluntary stop on the carriage way, when halting is allowed. Drivers located in the
123 first lane on the right, may, also, move from this lane when they must march past a means without motor or a slow means in general, always giving required signals.
4. Anyone who violates the provisions of this Article, is penalized with a fine from 500 (five hundred) lek up to 2 000 (two thousand) lek.
ARTICLE 143
Prevalence (Priority)
1. The drivers, when approaching a crossroad, must show maximal attention to avoid accidents.
2. When two means are entering a crossroad, or have intermitted direction, is obligatory that priority is be given to whom is coming from the right, except cases when is otherwise signalled.
3. In passing over railways or trams, drivers are obliged to give prevalence to the means moving on the rails, except for cases where it is otherwise signalled.
4. The drivers must give prevalence to other means in crossroads something foreseen by the competent authorities according to Article 37 and when this prevalence is made known by certain signals.
5. The drives are obliged to stop before the stopping line, before entering into a crossroads when this is established by competent authorities according to Article 37 and this provision is made known with certain signals.
6. Where entering a road from the zones which, are not for public passages, the drivers are obliged to stop and give prevalence to whom is circulating on the road.
7. It is prohibited the occupation of a crossroad or railway or tram crossing when the driver has not the possibility continue further and to liberate in a short time the zone of manoeuvre in such a way that will allow the passage of means coming from other directions.
8. When entering the road from mountain tracks of beasts or bicycles, the driver of the means or rider of the beats is obliged to stop and give prevalence to whom is circulating on the road. The obligation stands even if the characteristics of those roads differ near the entrance on the road.
9. The drivers of means with rails must respect the signals of prevalence.
10. Anyone who violates the provisions of this Article, is penalized with a fine from 500 (five hundred) lek up to 2 000 (two thousand) lek.
124 11. When the same person, at least two times in a period of 12 months, carries out one above mentioned violations in point 10, in the last violation is applied the additional penalty of the suspension of the driving license from 6 up to 12 months.
ARTICLE 144
The non - observance of road signalling
1. The user of the road is obliged to conduct in the manner shown by the road signalling and by the traffic policeman according to rules of Articles 38 up to 43 and the respective rules the existing provisions of this Code.
2. Anyone who does not behave in the manner shown by road signalling or by the respective existing rules and by the traffic policeman, is penalized with a fine from 300 (third hundred) lek up to 2 000 (two thousand) lek. Are excluded here the special penalties provided for by Articles 6 and 7.
3. The driver who continues the movement, although the traffic - lights signalling or the traffic policeman are stopping such movement, is penalized with a fine from 5 000 (five thousand) lek up to 20 000 (twenty thousand) lek and also with an additional penalty of the suspension of the driving license from 6 up to 12 months.
ARTICLE 145
The way to act an level crossings
1. The road users, approaching a level crossing, must show maximal attention in order to avoid accidents as well as must follow with attention the signals mentioned in Article 44.
2. Before occupation of a level crossing without obstacles or semi-obstacles, road users must be sure near the signals foreseen, according to the rules of Article 44, point 3, that no train is approaching and in such a case should pass immediately the rails otherwise should stop without occupying them. 3. Road users must not pass a level crossing where: a) are closed or are closing obstacles or semi-obstacles; b) semi-obstacles are opening; c) are functioning the light or sound signals provided for by Article 44, point 2, and by the existing provisions, according to point3, of the same Article; d) are functioning the substitute objects of obstacles or semi-obstacles provided for by the same article;
125 4. The road users must liberate hastily the level crossing. In cases of obligatory stopping of the means, the driver must attempt to move the means out of rails or in case that it is possible, must do everything possible to avoid any risk for persons, and to act in such manner that the drivers of means on rails to be warned in the proper time of the risk. 5. Anyone who violates the provisions of this Article, is penalized with a fine from 500 (five hundred) lek up to 2 000 (two thousand) lek. 6. Where the same person, in a period of 12 months, carries out one of violations mentioned in point 5 at least two times in the last violation is applied the additional penalty of the suspension of the driving license from 6 up to 12 months.
ARTICLE 146
Overtaking
1. Overtaking is the manoeuvre during which a means passes another means a beast or a pedestrian in movement or stopped in lane or in a part of carriage way normally destined for the traffic. 2. The driver who intends to overtake must be preliminarily sure that: a) has such a view which allows carrying out the manoeuvre and this manoeuvre does not constitute a risk or obstacle; b) the driver who is ahead in the same lane has not given the signal with which he will do the same manoeuvre; c) no driver who is located behind in the same carriage way or half carriage way, as and on his left part, where the way or halfway are divided in parts, has not started marching; d) the road have such a free space which allow the full carry out of marching, having in mind the difference of velocity between his velocity and that of mean which will be overtaken and in the presence of the means coming from the opposite direction or which are positioned ahead of the means to be overtaken.
3. The driver must also, using respective signalling, established in the means, move on the left of the means to be overtaken and pass with a speed, maintaining a suitable side distance and then move on to the right just when that is possible, without creating a risk or an obstacle. If the carriage way or the half carriage way is divided in many lanes, overtaking must be carried out on the lane just on the left of the means to be overtaken.
4. The means to be overtaken must ease the manoeuvre and must not increase the velocity. On roads with one lane for movement direction, the means to be overtaken must stay as near as possible the right limit of the carriage way.
126 5.Where the width, profile or the carriageway conditions, given also the traffic density in the opposite direction, does not allow easy and risk less overtaking of a slow means, obliged to respect a certain velocity limit, the driver of that means must reduce the velocity and, if it is necessary, must make room for as much as possible in order to allow the passage of the means coming from behind it. In urban areas, drivers of the public service route means for the transport of passengers are not obliged to apply the last provision.
6.In the carriage way, with at least 2 lanes for a movement direction, the driver that, after carrying out an overtaking, has the intention to overtake another means or beast, may stay in the lane used for the first overtaking on condition that the manoeuvre does not constitute an obstacle for faster means coming from behind.
7. Overtaking must be carried out on the right when the driver of the means to be overtaken has signalled that has the intention to turn on the left or in one carriage way with a single direction or that has the intention to stop on the left and has started such manoeuvres.
8. Overtaking trolley buses, where those do not move on reserved parts of the roads, must be carried out by the right where the width of the carriage way from the right of the rails (traverse) allows that. In cases of carriage ways with one way movement, overtaking may be carried out on both sides. Where the trolley bus has stopped in the middle of the carriage way for getting on and off of the passengers and where there is no escape, overtaking from the right is forbidden.
9. Overtaking where the bus or the trolley bus has stopped for getting on and off of the passengers, is carried out with the biggest caution.
10. It is not allowed overtaking near or along the bends or the road outgoings and in any other case with a limited view. In such cases overtaking is allowed where the road it with two separate carriage ways or with one direction or with at least two lanes with the same direction of movement and is established the respective horizontal signalling.
11.It is not allowed overtaking of a means that is overtaking another one and overtaking of stopped means or with a slow movement in level crossings, in traffic-lights or in other cases of traffic congestion, where for that reason is needed movement in the part of the carriage way destined for the opposite direction of the movement.
12.It is not allowed overtaking near or in crossroads. Nevertheless, it is allowed in these cases:
a) when the driver of the means to be overtaken has signalled that he has the intention to turn on the left and has started this manoeuvre;
127 b) when it is carried out in the road with two separate carriage ways or with those with the same direction or with at least two lanes with the same direction and when the lanes are limited by respective horizontal signalling;
c) when the means to be overtaken is with two wheels without motor, always when it is not necessary the movement in the part of the carriage way destined for the opposite direction of the movement;
d) when the traffic is arranged by traffic lights or traffic policeman.
13. It is not allowed overtaking near or in level crossings without obstacles, except for cases when the road traffic is arranged with traffic lights and when the means is stopped or has reduced the velocity near a pedestrian passage to allow pedestrians to pass the carriage way.
14. It is forbidden to auto trains drivers, semi-trailers and articulate means, overtaking of auto trains drivers, semi-trailers and articulate means and trucks not only in cases as foreseen above but also in roads or parts of roads in which the prohibition of overtaking is shown by given signals.
15. Anyone, who carries out an overtaking without applying the provisions of points 2,3,4,5 and 8, is penalised with a fine from 500 lek up to 2000 lek.
16. Anyone, who does not apply the prohibition of overtaking, according to points 9,10,11,12,13, is penalised with a fine from 500 lek up to 2000 lek. Where are not applied prohibition of overtaking, according to point 14, the penalty is with a fine from 1 000 lek up to 4 000 lek. When the same person, in a period of 2 years, carries out one of the violations mentioned in this point, at least two times, in the last violation is applied the additional penalty of the suspension of the driving licence from 3 up to 6 months, or from 6 up to 12 months, in case of halting according to point 4.
ARTICLE 147
Security distance between the means
1. During their movement, means must maintain, against the means located ahead, a security distance such as to guarantee in any case immediate braking and avoiding collision with the means, which is located ahead.
2. Outside urban centres, where it is established forbiddance of overtaking only for some categories of means, between those means must be maintained a distance not shorter than 100 m. This provision is not obligatory in parts of the roads with two or more lanes for movement direction.
3. When are operating cleaning machines or snow machines, means must act with a special caution, the security distance against such machines must be shorter than 20 m.
128 Means passing on the opposite direction must, if it is necessary, stop in order not to obstruct the works.
4. Anyone, who violates provisions of this Article, is penalised with a fine from 500 lek up to 2 000 lek.
5. When, as a consequence of non-compliance with the provisions of this article, does happen a collision with heavy damages for the means, such as that they would need to carry out the control according to Article 79, point 7, the penalty is with a fine from 5 000 lek up to 20 000 lek. When the same person, within 12 months carries out at least two times violations according to this point, in the last violation is applied the additional penalty of the suspension of the driving licence from one up to two years.
6..If the collision results in hard injuries to people, the driver is subject to penal charges for the crime of injuring unintentionally or killing unintentionally.
ARTICLE 148
Crossing of the means in passages occupied with obstacles or mountainous roads
1. When crossing of the means is not possible due to the works, prohibited means or other obstacles, the driver, who has an obstacle in his direction of movement and may not be positioned on the right side of the carriage way, must stop to let pass the means coming from the opposite direction.
2. In mountainous roads or with hard slopes, if crossing with other means is difficult or impossible, the driver who moves on and is descending must stop and be positioned near the right side of the carriage way or move to the parking side, if it is exists. When the driver, who is descending is near a parking side, must stop there in case the road is so narrow so that in the opposite must be manoeuvred by moving back.
3. When the manoeuvre of the back movement is necessary, complexes of means have priority to other means; means with total weight with full freight exceeding 3.50 ton, have priority to those with a total weight with full freight up to 3.50 ton; buses have priority to trucks; in cases when there are means of the same category with those mentioned above, back movement must be carried out by the driver who moves on descending, except for the cases when the back movement is easiest for the driver who moves on ascending, particularly where the last one is located near a parking side.
4. Anyone, who violates provisions of this Article, is penalised with a fine from 2 500 lek up to 10 000 lek.
5. In violation of the provisions of this article, is applied Article 147, points 5 and 6.
129 ARTICLE 149
Definitions on viewing and lighting signalling of means with motor and trailers
1. For application of this, means, by:
a) far reaching lamp (white), the system which serves for lighting in road distance ahead of the means;
b) antidazzle lamp (white), the system serving for lighting the road ahead of the means without causing dazzle;
c) front fog lamp (yellow), the system serving for improving lighting of the road in cases of fog, when it is snowing, raining or there are dust clouds;
d) marker lamp (white), the system serving for lighting the road on the back of the means and forewarn the other users of the road that the means is carrying out or is starting to carry out a back movement;
e) lighting indicator with light release (fender lamp), the system serving for signalling the other road users, that the driver is changing direction on the left or on the right;
f) risk lighting system, serving for immediate lighting of all lighting indicators of driving;
g) lighting system of back registration plate, which serves for lighting the back side registration plate;
h) lights of front and back positioning, systems serving for signalling at the same time of the presence and distance of the means seen by the front or the back side;
i) back light for fog, odd or double system serving for making more visible the means by the back side in cases of dense fogs;
j) stop lights, the system serving for signalling the presence of a means stopped in the urban centre. In this case replaces the lights of positioning;
k) obstacle lights, a system destined to complete lighting of the positioning of the means, for signalling special volume measures, obstructive to traffic, which this means has got;
l) brakes lights, the system which serves to show to other road users that the driver is using services brakes;
130 m) reflecting signal, the system with reflecting light destined for signalling the presence of the means;
n) reflecting or florescent panel, the system serving for signalling certain categories of means.
ARTICLE 150
Viewing, signalling and lighting of the means
1. Viewing and signalling system utilization is obligatory from half an hour after sunset, up to half an hour before sunrise and during the day in tunnels, in cases of fog, snow, heavy rains and in any other cases of weak viewing.
2. Except for the means with two tyres and mopeds, utilization of viewing signalling is obligatory and during stopping or parking, except for cases when the means is made fully visible by the public lighting or when it is positioned outside the carriage way. This obligation is in force also when the means is located in the emergency lane.
3. Anyone, who violates provisions of this article, is penalised with a fine from 500 lep up to 2 500 lek.
ARTICLE 151
Utilisation of the signalling systems of viewing of the means with motor and trailers
1. On hours and in cases mentioned in Article 150, point 1, during the movement of the means with motor and trailers, must be kept on the positioning lights and where provided for lights of the barriers. Except for these lights, in the means with motor must be kept on : a) antidazzel lamps: in urban areas, where public lighting is absent or is not sufficient ; outside urban areas and where public lighting is sufficient ; inside and outside urban areas in cases of fog, smoke, when is snowing and there is torrential raining. In urban areas, these lamps must be also utilised when the public lighting is not a continuous and when other sources of light may confuse viewing of the driver or the visibility of the means by the others ; b) far reaching lamps outside urban areas, where external light is absent or is not enough. While during short interruptions of movement, which are related to the requirements of traffic, must be used the antidazzel lamps.
2. Antidazzel lamps and those far reaching must not be used in cases different from those provided for in point 1. During the day, in cases of fog, smoke, during heavy
131 snowing or raining, those lamps may be replaced with front fog lights. Also, in the means which transport injured people or those with hard diseases, antidazzle lamps must be kept on during the day in every cases and in hours and cases provided for in Article 150, point 1, in urban areas also when the public lighting may be sufficient.
3. The drivers must switch off the far reaching lamps and switch to antidazzle lamps in the following cases : a) when are crossing other means, switching to lamps in the proper distance for the reason that, the drivers of the means with which are crossing may continue their movement easily and without risk ; b) when following other means in a short distance, except for the case when far reaching lamps are used with interrupted lighting for signalling about the intention of overtaking the means moving ahead ; c) in any case when there is a risk of dazzling other users of the road or drivers of the means moving on rails, on the water or on other adjacent roads.
4. It is allowed the utilisation of far reaching lamps in an interrupted manner to make forewarning needed for avoiding accidents and for signalling the intention for overtaking the means moving ahead. This utilisation is allowed during the day and night and by giving prevalence to point 1, letter « b » inside the urban areas. 5. On hours and cases mentioned in Article 150 during stopping and standing must be kept on positioning light, lights of the numberplate and where provided for barriers lights. 6. In urban areas and in hours and cases mentioned in Article 150, point 1, during stoppage at the side limit of the carriage way, means with motor and their trailers, if are connected and have a length not exceeding 6 m and width not exceeding 2m may be signalled, using instead of the positioning lights, standing lights visible from the side of the traffic. 7. The drivers of the means with motor must activate the risk lighting signalling : a) in cases of the occupation of the carriage way ; b) during the time needed for establishing and retaking the risk movable signal when it is necessary ; c) when for reasons of the vehicle break-down, the means is obliged to move with a reduced velocity ; d) when are verified unexpected slow-downs or lining in columns ; e) in all cases in which emergency braking constitutes a risk, even only for the moment, for other road users.
8. In case of fog with viewing of less than 50m, must be used backlights for fog, for those means, which have got them. 9. It is not allowed the use of other lighting systems or sources different from those mentioned in Article 149
132 10. Anyone, who violates the provisions of point 9, is penalised with a fine from 10 000 lek up to 40 000 lek as well as with the suspension of the driving licence for 6 months. 11. Anyone, who violates other provisions of this article or uses in a wrong way systems of lighting signalling, is penalised with a fine from 500 lek up to 2 000 lek.
ARTICLE 152
Changing of the direction of the lane and other manoeuvres
1. The drivers who have the intention to carry out a manoeuvre to enter in the traffic flow, to change direction or the lane, to turn direction of movement, to move back, to turn on the left or right, to move to another road, or to enter a place which is not for public passage and for stopping , must : a) be sure that they may carry out the manoeuvre without creating risk or hindrance for other users of the road, having in mind their position, distance, direction ; b) signalling in advance about their purpose in a sufficient time.
2. Signalling of manoeuvres must be carried out through established lighting systems, indicator of direction. Such signalling must continue during the whole time of the manoeuvre and must be interrupted when it is completely finished. With the same systems must be also signalled the slow-down in order to stop. When the above systems are absent, the driver must carry out signalling with hand, lifting up vertically when he has the intention to stop and moving to the right and the left sides when he has the intention to turn.
3. Also the drivers must: a) turn on the right, stay as near as possible the right side of the carriage way ; b) turn on the left and enter in zones which are not for public passage, approach as near as possible with the axle of the carriage way and in case of crossroad, carry out turning near the centre of the crossroad and on the left of it, except for cases when there is another signal and when these are in a carriage way with one direction, stay as near as possible the left limit of the carriage way. On both cases, the drivers must not enter in the other road in the opposite direction and must exercise maximal caution ; c) in manoeuvres of turning back and entering in the traffic flow they must give prevalence to means with normal movement.
4. It is not allowed the use of irrelevant signalling of the change of direction.
133 5. During manoeuvres, drivers must not carry out immediate braking or unexpected slow-downs.
6. It is prohibited the change of direction of movement by them near or in cross-roads, bends and outgoings and in a distance of less than 50 m.
7. Anyone who violates the other provisions of this article, is penalised with a fine from 500 lek up to 2 000 lek.
ARTICLE 153 Restriction of noises
1. During the traffic, must be avoided grave noises caused by the way of driving the means particularly if it is with motor, by the way with which is arranged the freight as well as by other actions which are related to the traffic.
2. Silencing system must be maintained in good working conditions and must not be changed.
3. In using radio apparatuses or sound recording in means, it must not be exceeded the acceptable maximal sound limits inside and outside the means of public service as foreseen in the existing provision.
4. Sound alarming systems for security against theft, installed in the means must limit the delivery of sound within time limits foreseen in the existing provisions of this Code.
5. Anyone, who violates the provisions of this Article, is penalised with a fine from 1 000 lek up to 4 000 lek.
ARTICLE 154
Utilisation of sound signalling systems
1. Sound signalling systems must be used with a maximal caution and only with the purpose of road security. Signalling must be as short as possible.
2. Outside urban areas is allowed the utilisation of sound signalling systems at any time the traffic requires that in order to avoid accidents, particularly those during manoeuvres of overtaking. During the night and days hours, when it is necessary, the sound signalling is replaced with the lighting signalling with short interruptions through far reaching lamps, in cases it is not prohibited.
134 3. In urban areas, sound signalling is prohibited, except for the cases of immediate risks. In night hours, instead of sound signalling, it is allowed the use of far reaching lamps with short interruptions.
4. When it is needed, the drivers, who transport injured and seriously ill persons, are excluded from the obligation of applying the prohibition or restriction of the use of sound signalling systems.
5. Anyone, who violates the provisions of this Article, is penalised with a fine from 500 lek up to 2 000 lek
ARTICLE 155
Stopping, staying and resting of the means
1. For application of those rules: a) with “ stopping” means interruption of movement of the means due to traffic needs; b) with “staying” means temporary suspension of movement also in zones where it is not allowed staying to allow getting on and off of people and for other needs with short time duration. During the stay, that in any case must not create on obstacle to traffic, the driver must be present and ready to restart the movement. c) With “resting” means interruption of movement of the means extended in time with the possibility that the driver may move further away; d) With “emergency staying” means interruption of movement in cases when the means is out of use due to a break-down or must stop due to bad physical conditions of the driver or of a passenger.
2. Except for different signalling and in cases provided for in point 4, in cases of staying or resting the means must be placed as near as possible the right side of the carriage way, parallel with it and according to the direction of movement. When it does not exist a high sidewalk, must be left a sufficient space for passage of pedestrians, in any case not less than one meter.
3. Outside urban areas, the means in the position of staying or resting must be placed out of the carriageway, but on bicycles, tracks and stockages, except for the cases when it is especially signalled. In case of impossibilities, stopping or staying must be carried out as near as possible the right limits of the carriageway, parallel with it and according to the direction of movement. In the carriageways of roads with prevalence stopping is prohibited.
135 4. In urban roads with one movement direction, stopping is allowed even along the left limit of the carriageway on condition that it remains a sufficient space for the passage of at least one line of the means and in any case not less than 3 m wide having in consideration also a possible stay on the right side.
5. In resting zones for needs foreseen, the means must be placed in the signalled manner.
6. In zones where resting is allowed for a restricted period of time, the driver is obliged to signal, in a way fully visible, the timetable when the resting has started. Where there exist the controlling system of the time duration of the resting, is obligatory their use.
7. It is prohibited for anyone to open the doors of the means to get off from it and moreover to let the doors open without being beforehand sure that this action does not constitute a risk or obstacle for the other road users.
8. Anyone, who violates the provisions of this article, is penalised with a fine from 500 lek up to 2 000 lek.
ARTICLE 156
Prohibition of the stay and halting of the means
1. Staying and resting are not allowed: a) near or along level crossings and on the rails of railway or trolley buses networks or so near them as to hinder the movement; b) in tunnels, in underpasses, under overpasses, under arches and ports, except for when it is otherwise signalled; c) in outgoings of roads and bends, outside urban areas and in urban roads of the first category and near them; d) in vertical road signals and traffic lights and 30 m near them, where it hinders the view and in horizontal signals of preliminary selection and during guiding lanes; e) outside urban areas, in cross-roads zones and near them; f) in urban areas in cross-road zones and near them in less than 5m from the side extension nearest of the traversal carriageway, except for cases where it is otherwise signalled;
136 g) in pedestrian road passages and place passages, on bicycle tracks and similar means with them as well as their exits; h) in sidewalks, except for cases where it is otherwise signalled;
2. Resting of the means on the carriageway is prohibited: a) in roadpassages of the means; b) at any place where is prohibited the placement near the other means in a normal resting position, or movement of a means in a resting position; c) in second line, except for cases where there are 2 bicycles, 2 mopeds with two tyres or 2 mopeds with 2 tyres; d) in spaces reserved for parking and staying of buses, trolley buses and of means moving on rails and there where those are not restricted with signals, in a distance of not less than 15 m from the station signal and in spaces reserved for parking means of taxi services; e) in zones destined for means that are unloading goods during foreseen hours; f) in stockages, except for cases where it is otherwise signalled; g) in spaces reserved for staying or resting of means for invalids according to Article 18 and in slope surface or connections between sidewalks, ramps, or corridors of transit with the carriageway used by those means; h) in lanes or ways reserved for public means; i) in urban zones for pedestrians; j) in zones with restricted traffic for unauthorised means; k) in spaces provided for facilities or plants destined for emergency services or to public health shown with respective signals; l) in front of urban litter bins or similar containers; m) only during working hours, in and near fuel stations established in the road zone, up to 5 m in front and behind the facilities destined for supply;
3. In urban areas is prohibited resting of trailers where are detached from the pulling means, except for cases where it is otherwise signalled.
137 4. During staying and resting the driver must take necessary measures to avoid accidents and not allow the use of means without his approval.
5. Anyone, who violates the provisions of point 1, is penalised with a fine from 500 lek up to 2 000 lek.
6. Anyone, who violates the other provisions of this article, is penalised with a fine from 500 lek up to 2 000 lek.
7. Measures, provided for in this article are applied for each calendar day of the time duration of the violation.
ARTICLE 157
Towing and blockage of the means
1. Police authorities, mentioned in Article 12, are entitled to decide on towing of the means: a) in the road and its parts in which, by the order of the road owner entity, is established that resting of the means constitutes a serious obstacle or risk to road traffic and where the signal of resting prohibition is given by labels especially established; b) in cases mentioned in Article 155, points 4 and 6, and Article 156, points 1,2 and 3; c) In all other cases where resting of the means is prohibited and constitutes a serious obstacle or risk to the road traffic; d) Where the means is left in places where staying is not allowed, according to the orders announced by the road owner entity, for cleaning or maintenance reasons of roads and its facilities.
2. The road owner entities are authorised to issue permissions to special persons for carrying out the services of towing the means, establishing methods of action in accordance with the rules. Means designated for the above-mentioned service must have characteristics provided for in the existing provisions of this Code.
3. Except for towing the means, is allowed blockage of the means through its removal and the use in the tyres of a special equipment with key, without having the need to guard. Characteristics and methods of using of such equipment are provided for in the existing provisions. Usage of this equipment is not allowed where the means in an irregular position, constitutes an obstacle or risk to the traffic.
138 4. Towing and blockage of the means constitute an additional penalty to the administrative penalty with a fine which is provided for in the violations mentioned in point 1.
5. Police authorities, also, may proceed with towing the means, where, staring from their condition or any other justified reason, is judged that they are abandoned. With towing the means may deal also the road owner entity after taking into consideration the preliminary opinion of police authorities.
ARTICLE 158
Staying of beasts
1. In urban centres, the driver must control that the beasts trusted to him, yoked or not during staying are always fully ensured through respective fixed systems or holders and linked in such a way that they do not create an obstacle or risk to the traffic of the means and pedestrians. During night hours beasts may stay only in places with sufficient lighting. Outside inhabitant centres is prohibited resting of the beasts in the carriage way.
2. Anyone, who violates the provisions of this Article is penalised with a fine from 250 up to 1000 leks.
ARTICLE 159
Occupation of the carriageway
1. In case of the occupation of the carriageway due to the break-down of the means, fall of freight or for any other reasons, the driver, in order to avoid any risk to further traffic, must immediately liberate as much as possible the passage, taking measures to avoid occupation and must move the means outside the carriageway, or, if it is not possible should place it on the right side of the carriageway and parallel with its axle.
2. Anyone, who has not been able to avoid falling or throwing of slippery, incendiary materials or in any case able to create risk or obstacle to traffic, must immediately take measures to restore a free and secure traffic.
3. In cases, provided for in this Article, the user must take measures to signal the risk or obstacle to other users through the signal mentioned in Article 160 or in absence of the latter, with other suitable means and must inform the road owner entity or police authority.
139 4. Anyone, who violates the provisions of this Article, is penalised with a fine from 500 lek up to 2 000 lek. With regard to point 2, the administrative measure is with a fine from five thousand up to twenty thousand lek .
ARTICLE 160
Signalling of halted means
1. Excluding obligations mentioned in Article 150, outside urban areas, means, except for those pulled by beasts, bicycles, mopeds with two wheels, which for any reason have halted in a carriageway, during the night, when are absent or are not sufficient the back lights of positioning or emergency and for any case even during the day, when may not be visible in a sufficient distance from those coming from behind, must be signalled with risk movable signal, with which the means must be equipped with. The signal must be placed in a distance foreseen in the existing provisions of this Code.
2. The risk movable signal is in triangle form covered with reflecting material and equipped with a holder which allows supporting it over road surface almost vertical in such a manner as to guarantee the visibility.
3. In the existing provisions are provided for the characteristics and methods of signal approval. The triangle must be according to the approved model and should contain the date of approval.
4. Where the means is not equipped with respective movable signal, the driver must take measures for signalling of the obstacle in any other effective way.
5. Anyone, who violates the provisions of this Article, is penalised with a fine from 500 lek up to 2 000 lek.
ARTICLE 161
Military convoys, processions and similar cases to them
1. It is prohibited the interruption of military convoys, of police army or emergency assistance means signalled as such. Also, it is prohibited crossing between means which are forming such a convoy.
2. It is prohibited the interruption of army convoys, students and processions.
3. Anyone, who violates the provisions fo this Article is penalised with a fine from 1 000 up to 4 000 leks.
140 ARTICLE 162
Organisation of the freight in the means
1. The means freight must be arranged in such a way in order to avoid falling or loss; in order not to restrict the view of the driver and not to impede the loosening of the movement during driving; in order not to risk the means stability; in order not to cover the lighting systems and viewing signalling, plates of recognition and signals made by hand.
2. The freight must not exceed the volume limits, provided for in Article 61 and may not be extended in a lengthy way on the front side of the means. The freight may exceed in a lengthy way on the back side of the means, if it is constituted by inseparable things up to 3/10 of the means length and in limits provided for in Article 61.
3. Without changing the maximal volume limits, provided for in Article 61, point 1, it is possible to be transported objects, which exceed in a side way from the volume for the means, on condition that outgoing on each side do not exceed the distance of 30 cm from lights of the front and back positioning. Pillars, rods, slabs or similar freight to them placed horizontally, may not, in any case, exceed in a side way outside the volume of the means.
4. Auxiliary movable equipment must not exceed, during shaking, outside the volumes of the means and must not be dragged on the ground.
5. It is prohibited the transportation or pulling of objects which are dragged on the ground even if partially are supported by wheels.
6. If the freight exceeds the volume of the means, must be taken all the necessary measures to avoid the risk for other users of the road. In any case, lengthy outgoing must be signalled through one or two special quadrangle labels, covered with a florescent and reflecting material, placed at the exit ends in such a way so that it results unchangeable vertically with the axle of the means.
7. In the existing provisions are established characteristics and methods for approval of panels.
8. Anyone, who violates the provisions of this Article, is penalised with a fine from 500 lek up to 2 000 lek.
9. The means can not continue the travel if its driver has not taken measures to arrange the freight according to the methods provided for in this article. For that, the authority that identifies violations, in cases of the means with motor, except for application of penalties according to point 8, proceed with the immediate withdrawal of the driving licence and traffic permission, taking care for sending the means to a
141 suitable place for arranging the freight; for receiving documents is taken the respective note in the report about the identification of the violation. The above mentioned documents are returned to the driver when the freight is arranged in accordance with the respective rules. The way of returning the documents is established according to the existing provisions of this Code.
ARTICLE 163
Pulling of broken-down means
1. Except for cases, provided for in Article 63, pulling, in emergency conditions, of a means by another means must be carried out by means of a strong connection between those two means, as may be the rope, chain, cable, steel pipe or any other similar equipment, provided that they are signalled in a suitable way to be clearly visible for other road users.
2. During pulling, in the pulled means, must be kept on the system with interrupted light, as shown in Article 149, letter “f” or in the absence of such a signal, to turn by traffic side, the panel mentioned in Article 162, point 6, or movable signal according to Article 160. The pulling means, when it equipped with it, must keep on the respective system with yellow light provided for in the existing provisions for the auxiliary means in the road.
3. Anyone, who violates the provisions of this Article, is penalised with a fine from 500 lek up to 2 000 lek.
ARTICLE 164
Transport of goods with means pulled by beasts
1. Total weight with full freight of the means pulled by beasts in the transport of goods, must not exceed the permitted weight shown in the number plate.
2. Anyone, who is moving with a means, which exceeds the total weight with full freight shown by the number plate, where there is not carried out any of the violations of Article 62, is penalised with a fine from 250 leks up to 1 000 leks.
ARTICLE 165
Transport of goods with motor vehicles, trailers and technological machines
142 1. Motor vehicles, trailers and technological machines may not exceed total weight provided for in the traffic permission.
2. Anyone, who is moving with a means, the total weight of which with full freight results to be 5% bigger, than it is provided for in the traffic permission, where this weight is bigger than 10 tons, is penalised with a fine: a) from 500 lek up to 2 000 leks, if the overweight does not exceed 1 ton; b) from 1 500 leks up to 4 000 leks, if the overweight does not exceed 2 ton; c) from 1 000 leks up to 10 000 leks, if the overweight does not exceed 3 tons; d) from 10 000 leks up to 40 000 leks, if the overweight exceed 3 tons.
3. For means with a total weight with full freight of less than 10 tons, the penalties provided for in point 2 according to letter “a”, “b”, “c” and “d” are applicable where the overweight bigger than 5%, do not exceed respectively 10, 20, 30 percent, or exceed 30 percent of the total weight.
4. Motor vehicles suitable for transport of equipment mentioned in Article 10, point 3, letter “d”, may move with their freight only in motorways or roads with a carriageway not less than 6.5 m and with free height of construction of the underpasses that guarantee a minimal free space against light-space of art works, not less than 20 cm. Means suitable for transport of containers mentioned in Article 10, letter "e” may move with their freight on roads which have a free height of underpasses constructions that guarantee a minimal free space against the light-space of art works, not less than 30 cm.
5. Anyone, who moves with an auto-train or with a semi-trailer, the total weight of which with full freight results with over 10% bigger than that shown in the traffic permission is penalised with the same penalty with that foreseen in point 2.
6. The penalty mentioned in point 5 is applied even in case of exceeding the weight in general.
7. Anyone, who is moving in contravention with the provisions mentioned in point 4, is penalised with a fine from 1 000 leks up to 4 000 leks, without changing the civil responsibility foreseen in the Civil Code.
8. For reasons of penalties provided for in the provisions of this Article, total weight with full freight, shown in traffic permissions and the numeric values resulting from the application of any percentage, must be considered rounded by more than 100 kg.
143 9. Penalties, provided for in this Article, are applied for the driver as well as for his owner and for the orderer, where the transport is carried out exclusively on his account. The holder of the traffic permission is obliged to take over the indemnity towards the owner entities of penetrated roads, measured according to surpassing the weight limits provided for Article 62.
10. Where it is identified an overweight bigger than 10% of the total weight with full freight shown in the traffic permission, the continuation of the travel is conditioned by the reduction of the freight within allowed limits.
11. Penalties, provided for in this article, are also applied for transport and means out of standards provided for in Article 10, when is not issued the authorisation and when it is exceeded the maximal total weight shown in the authorisation, limiting in this case the allowed overweight by 5% against the maximal weight of this means according to Article 62. Continuation of travel is conditioned on the issue of the authorisation.
12. Results of weight instruments verified according to the law and those with which are equipped with police authorities and the attached documents provided for in the provisions of law constitute sources of evidence for the freight control. Verification expenses are charged to persons according to point 9 in solidarity.
13. For means registered abroad are applied all the rules provided for in this Article.
ARTICLE 166
Discipline of the transport of dangerous materials on the road
1. In the road transport of goods are considered dangerous materials those included in categories provided for in the European Agreement related to the international road transport of dangerous goods according to special provisions regulating this kind of transport.
2. Technical conditions related to labelling, packing, loading, unloading and heaping on road means and with the security of the transport of dangerous means allowed for the transport on the basis of acts, mentioned in point 1 and the procedures of the means licensing for such transport, are established by instruction of the Council of Ministers. The Minister of Public Works and Transport, may also establish, with his instruction, special instruments and equipment of the means necessary for the transport of a good, category of goods or category of dangerous goods mentioned in point 1. For goods which present a risk of explosion or fire, the respective instruction above are established are established through the instruction of the Ministry in charge of the respective activity, in co-operation with the Ministry of Public Order and that of Defence. Persons charged with loading and unloading of dangerous goods, excluding the oil by-products for facilities of road supply of motor vehicles, must be qualified for such a job. The Ministry in charge of the respective activity determines, through
144 its instructions, within 6 months from the date when this Code and the appropriate measures became effective.
3. Dangerous goods, international transport of which on the road is allowed by international agreements, may be transported on the road inside the country, according to conditions established for the international transport of those goods. For goods that represent explosion risks and for poisonous gas remain in power the obligation of interested persons to be equipped with licences and transport permission when foreseen by the provisions in power.
4. By the instruction of the ministry in charge of the respective activity in co-operation with the Ministry of Public Order, the Ministry of Health, may be classified as dangerous goods, for reasons of road transport, materials and objects which are not included among those in point 1, but are similar to them. In the same instructions are shown conditions that must be respected for permitting the transport of special goods included in the list. For similar goods to those mentioned in point 3, may also be established the obligation of the authorisation for each transport, establishing the competent authority and the criteria and methods which must be pursuit.
5. For the transport of decomposable and radioactive materials are applied rules of respective Law for the transport of dangerous materials.
6. The Ministry in charge of the respective activity, through its instructions, takes measures for the application of international agreements related to the security of the road transport of dangerous goods.
7. Anyone who is moving with a means or a complex of means suitable for the transport of dangerous goods, total weight of which with full freight results bigger than that shown in the traffic permission, is penalized with in a fine from 50 000 lek up to 200 000 lek.
8. Anyone, who transports dangerous goods without taking permission, where it is foreseen and does not respect the conditions set for maintaining security, in this authorisation, is penalised with a fine from 50 000 lek up to 200 000 lek. For such a violation is applied the additional penalty of the suspension of the traffic permission and of the driving licence for a period from 1 up to 2 years.
9. In the same way, anyone, who violates the rules included in the instructions of the Ministry in charge of the respective activity, in co-operation with the Ministry of Public Order, mentioned in point 2 as well as does not respect conditions of transport mentioned in points 3 and 4, is penalized with in a fine from 50 000 lek up to 200 000 lek. For such a violation is applied the additional penalty of the suspension of the traffic permission and of the driving licence for a period from 6 up to 12 months.
10. For violations indicated in the above mentioned provisions are applied the provisions of Article 165, point 10.
145 ARTICLE 167
Transport of persons, beasts and objects in motor vehicles
1. In all means, the driver must have maximal freedom of movement for carrying out the necessary manoeuvres for driving the means.
2. Number of persons, who may take the seat in the means, except for those mentioned in point 5 and in relation to placement of seats, may not exceed that shown in the traffic permission.
3. Number of persons who may take the seat, sitting or standing up, in motor vehicles or trolley bus, destined for the transport of persons, excluding motor cars and the total freight of the means may not exceed the corresponding maximal values shown in the traffic permission. Such values are established in the existing provisions related to the type and characteristics of those means.
4. All passengers of motor vehicles must take place in such a way that they do not restrict the freedom of movement of the driver and do not impede the view. Also, such a means, excluding mopeds with two wheels, the driver and passenger must not go out from the volume measures of the cabin.
5. In motor cars and motor vehicles suitable for mixed transport of persons and goods is allowed the transport over the allowed number of two children of age younger than 10 years old in the cabin on condition that they are accompanied by at least one passenger of age not younger than 18 years old.
6. In different means from those authorized by respective rules of the law on transport of beasts, is prohibited the transport of beasts in a bigger number than 3 and in any case in such conditions that they constitute obstacle or risk for driving the means. It is allowed only the transport of domestic animals with small sizes, even in large number, on the condition that they are maintained in cages or given containers or in space behind the driving place, separated with a net or other similar thing to that if are constantly installed, must be authorised by the competent office of the General Directorate of the Road Transport Services.
7. Anyone, who drives the means and trolley buses for the transport of persons, excluding motor cars, which have a number of passengers and a total freight bigger than the maximal values shown in the traffic permission and are transporting a bigger number of passengers than that shown in the traffic permission, is penalised with a fine from 1 000 leks up to 4 000 leks.
146 8. When violations, mentioned in point 7 are carried out, driving in an abusive way for use by third parties, is applied the fine from 2 500 leks up to 10 000 leks and the additional penalty of the suspension of the traffic permission for a period of 6 to 12 months.
9. Anyone, who violates the above-mentioned provisions where it is the case of motor cars, is penalised with a fine from 1 000 leks up to 4 000 leks.
10. Anyone, who violates the provisions mentioned in point 6, is penalised with a fine from 500 leks up to 2 000 leks.
ARTICLE 168
Transport of persons, animals and objects in motor vehicles with two wheels
1. In motors and motorcycles with two wheels, in which the driver must freely use the arms, hand and legs, must stay seated in a regular position and keep the steering wheel with both hands or with one hand it is needed for manoeuvres or possible signalling. He must not act by lifting the front wheel.
2. In mopeds, it is prohibited the transportation of other persons except for the driver.
3. In motorcycles, a possible passenger must be seated in a stabilised and balanced way, in established position, as foreseen in certain means equipment.
4. It is prohibited for drivers mentioned in point 1, to pull or be pulled by other means. It is also prohibited the transport of objects which are not secured in a solid way, which go out on the side way against the axle of the means or in a lengthy way against its volume over 50 cm or hinder and restrict the view of the driver. The transport of animals is allowed by respecting the volume conditions provided for above and in suitable and fixed cages.
5. Anyone, who violates the provisions of this Article, is penalised with a fine from 1 000 leks up to 4 000 leks. Where violations, mentioned in points 1 and 2, are carried out by motor drivers, except for the penalty is applied the additional penalty with the suspension of the means for 30 days.
ARTICLE 169
Utilisation of the protection cap by users of the means with two wheels
147 1. It is obligatory, during the movement, to wear a protection cap according to the approximated type in compliance with the standards provided for by the Ministry in charge of the respective activity for the:
a) drivers of mopeds and motors with two wheels;
b) drivers of motors of any cylinder, even if they are equipped with side car and for passengers even of not an adult age;
2. Anyone, who violates the provisions of this Article, is penalised with a fine from 250 leks up to 1 000 leks. Where the violation is carried out by a passenger of not an adult age, the driver holds the responsibility.
3. Where the violation is carried out by a driver of not an adult age, instead of the fine is applied the penalty of the suspension of the means for 30 days.
4. Anyone, who imports or produces for trade in the territory of the Republic or sells protection caps for mopeds, motors or motors with side car, of inapproximated types, is penalised with a fine from 10 000 leks up to 40 000 leks.
ARTICLE 170
Utilisation of fastening belts and of the fixing systems
1. The drivers of the vehicle and the passengers that take place in front seats of the means of category M1 according to classification of Article 47, point 2, produced as from January 1978, are obliged to put on fastening belts during any kind of movement with the means. This obligation remains also for passengers that sit on the back seats, for means produced from May 1990.
2. The driver is obliged to continuously control the normal functioning of fastening belts and in case of not functioning properly to replace those with other belts approximated for the type of the means where they shall be placed.
3. Are excluded from the obligation to wear fastening belts:
a) members of the police forces when they carry out an emergency service;
b) drivers and fire-engine as well as health-care teams, in cases of emergency interventions;
c) drivers of motor vehicles of taxi transport services of persons or those of rent-a-car services with drivers, during services in urban areas;
148 d) persons with a height less than 1.50 m and greater than 1.90 m. This condition must be certified by a recognition document;
e) persons that, on the basis of certificates issued by local health office, result with a special disease, which does not allow the use of fastening belts;
f) pregnant women, on the basis of the certificate issued by the gynaecologist, who takes care and certifies potential special risks by use of fastening belt;
g) members of bodyguard services, which carry out escorts and have recognition documents according to respective rules.
In cases of letters “d”, “e”, “f” and “g” the certificates and documents mentioned must be shown to police authorities, at their request, according to Article 12. Are also excluded from the obligation of using fastening belt and other fixing systems, drivers and passengers of the means not equipped, from their production, with special fastening parts.
4. Passengers up to the age of 12 years old, may sit in front seats of the means of category M1 and N1 classified in Article 47, point 2, only where maintained by suitable fixing systems.
5. Passengers up to the age of 4 years, that sit on the back seats of the means of category M1, must be kept with special fixing systems. In case that on the back seats sit more than two passengers of an age up to 4 years, only the younger kid must be kept with a special fixing system, on condition that the others are accompanied with at least one passenger of age of not less than 18 years old.
6. The rules of point 5, is not applied for passengers up to age 4 years who travel with motor cars of the public taxi service for transport of persons or rent a car service with driver, during service, when are travelling in urban areas or itineraries from or to the train station, ports or airports, on condition that they are accompanied with one passenger of age not less than 18 years old.
7. Fixing systems for passengers, must be in accordance with an approximated type, according to standards established by the Ministry in charge of the respective activity.
8. Anyone, who does not use the fastening belts and fixing systems provided for passengers up to 12 years old, is penalised with a fine from 250 leks up to 1 000 leks. When the violation relates to a child of not an adult age, the responsibility is given to the driver or, when is at the moment of carrying out the violation, on that person who has been charged with taking care of the child.
149 9. Anyone, who, despite using the fastening belt, changes or impedes its normal functioning, or replaces it with another non-approximated type for the means where it is placed, is penalised with a fine from 200 leks up to 1 000 leks.
10. Anyone, who imports or produces for sale in the national territory or trades fastening belts or fixing systems of types not approximated, is penalised with a fine from 10 000 leks up to 40 000 leks. Also, when belts or fastening has not been placed yet in the means, are subject to confiscation.
ARTICLE 171
Use of optical glasses and other apparatuses during driving of the means
1. The possessor of the driving licence of the means, to whom, the issue or the renewal of the driving licence is conditioned on the repairing of the organic or low defects, the anatomic or functional abilities through optic glasses or other foreseen apparatuses, is obliged to use them during the driving.
2. It is prohibited that the driver uses during the movement radio-telephone apparatuses sound earphones, excluding the drivers of vehicles of armed forces as well as drivers charged for the transport of persons on behalf of third parties. It is allowed the use of sound apparatuses, which do not require the use of hands for their operation.
3. Anyone, who violates the provisions of this article, is penalised with a fine from 250 leks up to 1 000 leks.
ARTICLE 172
Time duration of the travel for motor vehicles destined for the transport of persons or goods
1. Time duration of the travel of motor vehicles charged with the transport of persons and goods and respective controls, are disciplined through rules established in the existing acts. 2. The driver of the means, who exceeds the time of the journey and does not respect the break time within foreseen limits is penalised with fine from 5000 up to 20 000 leks.
Article 173
Traffic conditions and restrictions to traffic in motorways
150 and principal interurban roads
1. Rules of this Article 174 and Article 174 , are applied for means which move in motorways, in principal interurban roads and in other roads which have structural characteristics similar to them, provided for in the instructions of the Ministry in charge of the respective activity, at the proposal of the road owner entity and shown with signals of starting and ending.
2. It is prohibited the traffic of the following means in motorways and roads mentioned in point 1:
a) carriages, bicycles mopeds, motors with cylinder capacity of less than 150 cc, when they have a combustion motor, and motors with side cars with cylinder capacity of less than 250 cc, when they have combustion motor;
b) other motors vehicles when they have weight without freight ( tare ) up to 400 kg and general weight with full freight up to 1300 kg.
c) means without pneumatic tires;
d) agriculture machines, technological machines, electro forks and motor forks;
e) means with irregular freight and not properly save or which exceeds the allowed volume measures;
f) with a tilt not fastened and overt freight, when are transporting materials which are easily spread in the surrounding environment;
g) means which have freight or sizes which exceed limit volume measures provided in Article 61 and 62, excluding cases provided for in Article 10;
h) means, the operation condition, facilities and tires of which constitute risks to traffic;
i) means with unarranged and unfixed freight in a proper way.
3. Provisions according to point 2, are not applied for means which belong to owner entities or concessionaires of motorways authorized by them.
4. The existing provisions are provided for minimal limits of velocity for allowing the traffic in motorways and in principal interurban roads for defined categories of means.
5. By instructions of the Ministry in charge of the respective activity without changing the order rights of owner entities according to Article 6, may be excluded from transit in some motorways, or their parts, also other categories of means or transports when traffic needs require that. In the case of motor vehicles destined for public services in
151 routes such measures are taken by the Ministry in charge of the respective activity, while for those belonging to Armed Forces is cooperated with the Ministry of Defence and the Ministry of Interior.
6. It is prohibited the traffic of pedestrians, carriages and animals, with the exception of the zones service and parking zones. In such zones, animals may move only where they are watched properly. Along side of emergency lanes is allowed the passage of pedestrians only to go to places for asking assistance.
7. In carriage ways in ramps in crossings on dislevel, in zones of service or parking and in any other part of motorway is prohibited:
a) pulling means which ore not trailers;
b) stopping of means to take passengers;
c) carrying out of trade and marketing activities of any kind; those are allowed in zones of service or parking when authorized by the owner entity;
d) camping except for zones destined for such a thing and for a foreseen period of time by owner entity, or its agent;
8. In zones near the motorways or bordering on them is prohibited, even for those who are equipped with authorization or license, to carry on propaganda activities of any kind and form and commercial activities with sale offers for users of those motorways.
9. In zones of services and parking, and in any other part of motorways is prohibited parking of means for a period of time exceeding 24 hours, excluding reserved parking for the existing hotels in the motorway zone or in other zones equipped with in similar way.
10. When the time provided for in point 9, elapses the means must be removed forcibly. In this case, are applied the provisions of Article 157.
11. Traffic police authorities take measures for the removal of the means in parking which due to their condition or for any other justified reason may be considered abandoned, as well as for their transport to the centres of collection. For such operations, police authorities may charge the owner entity.
12. Road assistance and removal of the means are allowed only for authorized entities and enterprises, and before hand, by owner entity.
13. Anyone who violates the provisions of point 2, letters “e” and “f” is penalized with a fine 2 500 (two thousand five hundred) lek up to 10 000 (ten thousand) lek.
152 14. Anyone who violates the provisions point 7, letters “a”, “b” and “d” is penalized with a fine from 5 00 (five hundred ) lek up to 2 000 (two thousand) lek.
15. Anyone who violates provisions of point 7, letters “c” and 8, is penalized with a fine from 2 500 (two thousand five hundred) Lek up to 10 000 (ten thousand) Lek. For such violations is applied also the additional penalty with the suspension of the means for 60 days.
16. Anyone that violates the other provisions of this Article, is penalized with a fine from 250 (two hundred fifty) lek up to 1000 (one thousand) Lek. If the violation is related to the provisions of point 6, the fine is from 250 lek up to 1 000 lek.
17. After the violation of point 2 and 4 is recorded, police authorities oblige the driver to remove the means from the motorway by also assisting in such a removal. In case of point 2, letters “e” and “f”, the rule is applied only in cases where it is not possible the reestablishment of the freight in conditions provided for in these rules.
Article 174
Conduct during the traffic in motorways and in principal interurban roads
1. In carriage ways, in ramps and in unlevelled crossing of roads according to Article 173, point 1 is prohibited:
a) change of the movement direction and overtaking of traffic separator, even there where it is absent, and passing in a carriage way or its parts in the opposite direction with that allowed;
b) carrying out back movement, even in emergency lanes, excluding the manoeuvres needed in zones of services or parking;
c) the traffic in the emergency lanes except for when is stopped or restarts the movement;
d) the traffic in the velocity change lanes, except for when it is entering or going out of the carriage way.
2. It is obligatory: a) passing in the velocity lane in order to enter in the movement lane, and giving prevalence to means trafficking in the movement lane;
b) immediate passage, to exit the carriage way, in the right lane, thus entering in given lane of the slowdown from its beginning;
153 c) immediate signalling of the change of the lane according to ways provided for in Article 152.
3. In cases of halting the traffic for reasons of blockages in any case for forming lines, where the lane for the emergency parking is absent or is occupied by means in parking or is not sufficient for means of police and assistance, means which occupy the first lane on the right must be placed as near as possible the left line.
4. In cases of blockages is allowed the passage in the lane for emergency parking with the only purpose to exit from the motorway, proceeding from forewarning label of the exit placed 500m from the unlevelled crossing.
5. In the carriage way, ramps and unlevelled crossing is prohibited parking or only halting, excluding the emergency situations caused by bad health condition of the means users or the breakdown of the means itself. In such cases, the means must be removed as soon as possible to the emergency lane or when it is absent, to the first parking square given the movement direction, by avoiding in any case any blockages of the movement lane.
6. Emergency parking not be extended over the minimal time needed until this emergency is over and must not, in any case, exceed 3 hours. When the time elapses the means must be removed forcibly and are applied the provisions of Article 173 point 11.
7. Without changing the provisions of the Article 160, during parking and halting by night in cases with limited view, always must be kept on the positioning light, as well as other systems provided for in Article 150.
8. When the nature of breakdown makes it impossible the removal of the means to the emergency lane, or where the means is obliged to stay in places where there do not exist such spaces, must be placed, on the back side of the means and in a distance of the least 100m from it , given the movable signal. The same obligation is to be met by the driver during parking in the stockage of emergency, by night or in any other cases of limited view, where are insufficient the positioning lights.
9. In motorways with carriage ways with 3 or more lanes, except for cases where it is otherwise signalled, is prohibited to drivers to transport goods the weight of which with full freight exceeds 5 ton, and to drivers of means or complex of means with a length exceeding 7m, to occupy other lanes excluding the two nearest lanes with the right side of the carriage way.
10. Without changing the provisions of Article 142, for movement in parallel lines, is prohibited the placement on the side of another means in the same lane.
11. In motorways where it is obligatory for their use the payment of a toll, drivers, where it is foreseen and signalled, must stop in the given road barriers and position the
154 means in place where it is necessary, in column, according to the existing signals or by authorized persons and must pay the toll according to the existing rates.
12. The drivers of the means in service of the motorway, on condition that they are equipped with a special authorization by the owner entity, are exempted, when they are carrying out services jobs, from the application of the rules of this Article related to the prohibition to carry out:
a) manoeuvres of changing the movement direction;
b) movement, back movement and halting at the emergency stockages;
c) of pulling the broken down means.
13. Drivers mentioned in point 12, during manoeuvres, which must be carried out with maximal caution, must have in function in their means the additional system of the sight signalling with yellow reflecting light.
14. Are exempted from the application of halting for not carrying out manoeuvres mentioned in point 12, also the drivers of motor vehicles and motors in service of police, fire-engine, and ambulances, that have in operation the additional system of appearance (sight) signalling with blue reflecting light.
15. Service staff in motorways and in any other part of motorways is exempted from the application of traffic halting for pedestrians.
16. For users of the motorway with tolls, without being with the document of entrance, or which are seized by control equipment in a wrong way in relation to the document he has, the toll belonging to him is calculated from the farthest station of entrance for its category of means. To the users is given the right of proof in relation with the entrance station.
17. Anyone who passes without stopping in stations, causing risk for traffic, as well as for the individual and collective security, or uses any kind of action to evade fully or partially from the payment of the toll, is penalized with a fine from 2 500 (two thousand five hundred) lek up to 10 000 (ten thousand) lek.
18. In the same way, the driver who is moving in the motorway with the means which is not in order according to controls provided for in Article 78, or which has not passed it through positively, is penalized with a fine from 1 000 (one thousand ) lek up to 4 000 (four thousand ) lek. Always is applied the suspension of the means which would be turned back to the driver, owner or legal possessor, or to the person delegated by the owner, only after booking of the control of this means.
155 19. Anyone who violates the provisions of point 1, letter “a” where the action is carried out in the carriage way, ramp or in unlevelled crossings, is penalized with a fine from 5 000 (five thousand) lek up to 20 000 (twenty thousand) lek.
20. Anyone who violates the provisions of point 1, letters “b”, “c” and “d” and of points 2, 6, and 7, is penalized with a fine from 2 500 (two thousand five hundred) lek up to 10 000 (ten thousand) lek.
21. Anyone who violates the other provisions of this Article is penalized with a fine from 500 (five hundred) lek up to 2 000 (two thousand) lek.
22. From the recording of the violation of the stoppage, according to point 1, letter “a”, is applied the additional penalty of the suspension of the driving license for a period from 12 months up to 24 months. In cases of violations of the provisions of point 1, letters “c” and “d” except for the penalty with a fine, is applied the additional penalty of the suspension of driving license for a period from 6 up to 12 months.
Article 175
Traffic of motor vehicles and motors in service of the police, fire - engines and ambulances
1. Utilization of additional alarming sound systems and, where the means are equipped with and with additional systems of view signalling and with blue reflecting light is allowed to drivers of motor vehicles and motors in service of police or fire - engine, those of ambulances with a view to fulfilment of urgent services of the institutions. In directed crossroads, traffic policemen take immediate measures to immediately allow the passage of the above means.
2. Drivers of the means mentioned in point 1, during carrying out of urgent services of the institution, where they use together the additional alarming sound system and that of viewing signalling with blue reflecting light, are not obliged to meet obligations, and apply stopping and restrictions related to the traffic, road signalling and rules of conduct in general, excluding the signals of the traffic policeman, but always not causing risk for themselves and for the others.
3. Anyone who is located in the road, which is penetrated by means mentioned in point 1, or in roads which are joining near the exits of the first, as soon as he/she hears the additional alarming sound signal, is obliged to let free the passage and if it is necessary to stop. It is prohibited to be followed closely such means utilizing direction of movement. Violations of this point are penalized with a fine from 10 000 (ten thousand) lek up to 40 000 (forty thousand) lek and with suspension of the driving license from 6 up to 12 months.
156 4. Anyone who, with the exception of the cases mentioned in point 1, uses additional system mentioned there, is penalized with a fine from 5 000 (five thousand) lek up to 20 000 (twenty thousand) lek, and with the suspension of the driving license from 6 up to 12 months.
Article 176
Travel documents for professional transport with means not equipped with tachograph
1. These documents are:
a) Individual certificates, data of the service register and copies of the time table of services that according to regulation must turn up for control, before the traffic police authorities mentioned in Article 12.
b) Individual certificates, maintained by the transport subject and the service register that according to regulation must be forwarded for control, to officials of the component bodies of the General Directorate of the Road Transport Service and labour inspectorate.
2. The driver who exceeds driving periods established and does not apply the break periods within limits provided for in the regulations, or does not apply the rest periods provided for or is not equipped with the individual certificate of control or with the data of the service register or the copy of the time table of the service according to the regulations is penalized with a fine from 5 00 (five hundred) lek up to 2 000 (two thousand) lek, except for the cases when the act constitutes a crime.
3. Anyone who does not carry with himself or holds an unfilled or changes the individual certificate of control, or the data of the service register, or the copy of service time -table, is penalized with a fine from 500 (five hundred) lek up to 2 000 (two thousand) lek, except for cases when it constitute a crime.
4. For the violation of rules of this Article, the enterprise (transport subject) in which is dependent the employer who has carried out the violation, has the responsibility with the author of violation to pay the due amount.
5. The enterprise that, during the transportation, does not apply the provisions of the regulation and does not hold given documents or holds the expired, unfilled or changed documents is penalized with a fine from 5 000 (five thousand ) lek up to 20 000 (twenty thousand ) lek for each employer who has carried out the violation, except for cases when it constitutes a crime.
6. In cases of repeated violations, taking into consideration also their type and frequency, to the transport subject which carries out the transport of persons not in line services or
157 goods is suspended for a period from 1 up to 3 months, the authorization for transport of the means which has carried out the violation, if it has not taken measures, after the cautioning by the competent authorities, to arrange in a period of 30 days its position.
7. In cases of the transport subject despite the proceedings according to paragraph 6 repeated the violation, even during other transport services that it may carry out, is penalized with the withdrawal of the authorization for transport.
8. The same penalties are applied also for transport subjects, which carry out the transport of persons with in line services.
9. The penalties of suspension and cancellation mentioned in points 6, 7, and 8 are exercised by the authority which has issued the authorization
10. Against the penalty of the withdrawal accepted appeal within 30 days in the Ministry of Public Works and Transport which decides within 30 days.
ARTICLE 177
The velocity and time register
1. Means must move being equipped with the tachograph, with characteristics, cases and methods of its use are provided for in the existing provisions.
2. Anyone who is moving with a means without being equipped with the tachograph, in cases where it is provided for, or where is equipped with a tachograph which has not the characteristics in accordance to those provided for in the existing provisions, or where the tachograph does not work, or where it is not inserted the paper of registration, is penalized with a fine from 10 000 (ten thousand) lek up to 20 000 (twenty thousand) lek. The penalty is doubled where is tampered with seals or is changed the tachograph.
3. The license holder or of the authorization for transport of goods, who puts to traffic a means without equipped with the tachograph or without its registration paper, or with a tachograph without seals or that does not work is penalized with a fine from 10 000 (ten thousand) lek up to 40 000 (forty thousand) lek.
4. Where are verified 3 violations according to point 3, within a year, the competent authorities of the Ministry of Public Works and Transport applies the additional penalty of the suspension for a year of the transport license of the means with which are carried out the above mentioned violations. This penalty does not exclude the penalty provided for with the fine.
5. Where motor vehicle is adjusted for uses different from that foreseen in the traffic permission, where is the case for an unusual means or an unusual transport, or where
158 the means is in the traffic test, the driver must carry with himself the respective authorization.
6. The driver must carry with himself the certificate of professional ability when it is required.
7. The driver of the moped must carry the certificate of compliance of the means and a valid recognition document on the basis of which is defined the age.
8. Anyone who violates the provisions of this Article, is penalized with a fine from 250 (two hundred fifty) lek up to 1 000 (one thousand ) lek. Also is applied the additional penalty of the suspension of the means.
9. Anyone who, without a justified reason, does not apply the request of the authorities to show in person, within the time limits mentioned in the request, in the police offices to provide information or present documents in order to verify violations provided for in this Code, is penalized with a fine from 2 500 (two thousand five hundred ) lek up to 10 000 (ten thousand) lek.
ARTICLE 179
Presentation of distinctive marks for the traffic
1. It is obligatory showing up in motor vehicles and motor means with the exception of mopeds and motors with or without side car, on the front side or in the front glass, of distinctive marks which shows the payment of the tax on property and of the obligatory insurance.
2. The drivers of motors with or without side car or moped are exempted from the obligation of point 1, on condition to carry with themselves those documents.
3. Anyone who violates the provisions of this Article, is penalized with a fine from 250 (two hundred fifty) lek up to 1 000 (one thousand ) lek, are applied the provisions of points 7 and 8 of Article 178.
Article 180
Traffic of bicycles
1. The riders of bicycles must ride in one line in all cases, on roads inside and outside urban areas, except for when one of them is under 10 years old and moves on the right of the others. Where is moved in special lanes for bicycles in no case may be more than two lines.
159 2. The riders of bicycles must have free use of arms and hands and hold the handlebars with at least one hand. They must be able at any moment, to have a free view ahead on both sides and to carry out with maximal freedom, readiness and easiness needed manoeuvres.
3. It is prohibited the tracking of means which transport animals and tracking by another means.
4. The riders of bicycles must carry the means by hand when as consequence of traffic conditions, constitute obstacle or risk for pedestrians. In such a case they join the pedestrians and should exercise the usual caution and readiness.
5. It is prohibited the transport of other persons with bicycles when they are not constructed and equipped for such a purpose. It is allowed to adult riders the transport of one child up to the age 6 years old, secured in a suitable way with necessary equipment provided for in the existing provisions.
6. Bicycles constructed and recognized for the transport of other persons except for the rider, may be ridden when there are more than two symmetrical types by two riders. In such a case must pedal only these persons.
7. In the means mentioned in point 6 may not be transported more than 4 adult persons including the riders; it is allowed the transport of two children of age up to 10 years old.
8. For transport of goods and animals is applied the Article 168.
9. Bicycles must pass in reserved lanes for them when they exist, except for stopping for given categories, with methods provided for in the existing provisions.
10. Anyone who violates the provisions of this Article, is penalized with a fine from 250 (two hundred fifty) lek up to 1 000 (one thousand) lek. For bicycles mentioned in point 6, the fine is from 500 (five hundred) lek up to 2 000 (two thousand) lek.
Article 181
Traffic of means pulled by beasts
1. Any means pulled by beasts must be run by a person who must never abandon the running the means and must continuously have the beasts under control.
2. A means suitable for transport of persons or goods may not be pulled by more than two beasts if it is with two wheels or by more than four if it is with four wheels. Are exempted here the funeral transports.
160 3. Means suitable for transport of goods, where they have to through hard slopes or for other justified needs, may be pulled by a number of beasts more than that mentioned in point 2, with preliminary authorization from the road owner entity. In urban areas, the authorization is issued in any case by the chairman of the Municipality or of the commune.
4. Means pulled by more than 3 beasts must have two person for running them.
5. Anyone who violates the provisions of this Article, is penalized with a fine from 250 (two hundred fifty) lek up to 1 000 (one thousand) lek.
ARTICLE 182
Traffic of animals, flocks and herds
1. For every two pulling beasts of burden or saddle, when they are not harnessed in a means and for each beast untoward or risky is needed at least one person for running them, who must have them continuously under control and run them in the such a way in order to avoid obstacles and risks for the traffic.
2. The provisions of point 1 is applied also for other special beasts or in small groups, on condition that the road should pass in a zone destined for pasture, signalled through established signals of risk.
3. In hours and cases provided for in Article 150, excluding the roads lighted in a sufficient way or inside the urban areas, the person directing the beasts must keep on a signalling system which reflects horizontally in all directions orange light, placed in such a way as to be visible from the front side as well as from the back side.
4. Behind the means pulled by beasts may be connected no more than two beasts without being obligatory the presence of the person directing it and lights according to point 3. In any case, in cases provided for in Article 150 such beasts must not hinder light view provided for a means in which are connected.
5. Flocks, herds and any other group animals up to 30 heads, when in traffic on the road, must be run by a forester, and by not less than two for a greater number of heads.
6. Foresters must arrange the passage of animals in such a way that least half way of the carriage remains free. Also, are obliged to separate the groups of animals in suitable intervals in order to ensure the management of traffic.
7. Groups of animals mentioned in point 5 and 6, can not stay on the road and, by night must be guided by a forester and be followed by another. Both of them must keep on a signalling system which reflects horizontally on all directions an orange light, placed in such a way to be visible from the front side and from the bask side.
161 8. Anyone who violates the provisions of this Article, is penalized with a fine from 500 (five hundred) lek up to 2 000 (two thousand) lek.
Article 183
Traffic and resting auto - camping
1. Means mentioned in Article 54, point 1, letter “k” with the purpose of the road traffic in general and due to halting and restrictions provided for in Articles 6 and 7, are subject to the same discipline provided for other means.
2. Resting of auto - camping, where it is allowed, in the road zone does not constitute a camping, if the motor vehicle is not supported in the ground except for the wheels, does not deliver other discharging except current for those of mechanical propeller, and does not occupy the road zone in a bigger space more than the volume of the means itself.
3. In case of staying or parking with fees, for the auto - camping is applied the rate 50% higher than those applied for motorcars in parking of the same zone.
4. It is prohibited the discharge by the auto - camping of organic litters and of clean waters or sewage on the road and in public zones outside the foreseen facilities for hygienic - sanitary discharges.
5. The halting according to point 4, is extended also for other motor vehicles equipped with internal established collection facilities.
6. Anyone who violates the provisions of point 4 and 5, is penalized with a fine from 500 (five hundred) lek up to 2 000 (two thousand) lek.
7. In the existing provisions are established the criteria for realization, along the roads and motorways, in arranged reserved zones for staying and parking of auto - camping and in camping, of hygienic - sanitary facilities for collection of organic litters and of clean water and sewage collected in internal facilities of those means, and the criteria for setting up by the municipalities and communes of arranged zones similar in respective territories and establishment of provided road signals with which must be shown each facility.
8. By instruction of the Ministry of Health are provided for characteristics of liquids and chemical substances which are used in treating organic litters and of clean waters and sewage poured in hygienic - sanitary facilities mentioned in point 4.
162 Article 184
Driving of means under alcohol effects
1. It is prohibited the driving of means after the use of alcohol beverages.
2. Anyone who drives a means after the use of alcohol beverages, in case where it does not constitute a penal act, is penalized with a fine from 2 500 (two thousand five hundred) lek up to 10 000 (ten thousand) L Anyone, who violates the provisions of this Article lek. After the verification of the violation is applied the additional penalty with the suspension of the driving license from 6 up to 12 months or 1 up to 2 years where the person repeats the violation within one year.
3. When the means can not be driven by another suitable person, may be pulled up to the place which shows the interested person or in the nearest repairing office and is hand over to the owner or its manager, with normal warranty for guarding the means.
4. In case of accidents or there are reasons to think that the driver is not in normal psycho - physical conditions as a consequence of the alcohol use, traffic police authorities according to Article 12, may carry out respective verification with tools and procedures provided for in the existing provisions of this Code.
5. In case the driver refuses to do the verification according to point 4, is penalized with a fine from 5 000 (five thousand) lek up to 20 000 (twenty thousand) lek, and with penalties mentioned in point 2 of this Article, except for cases where it constitutes a penal act.
Article 185
Driving of means under narcotics effects
1. It is prohibited the driving of the means by users of narcotic and psychotropic substances.
2. In cases of accidents or if there are reasons to think that the driver is not in normal conditions as a consequence of the use of narcotics or psychotropic substances, traffic police authorities according to Article 12, without mentioning other obligation provided for by the law, may takes measures for immediate accompanying of driver for case verification at competent local public services for drug dealers.
3. The authority which has issued the driving license, based on the certificates issued by authorities mentioned in point 2, order that the driver undergoes a medical visit for the reasons of Article 117 and may decide in preventive way the suspension of the driving license until the exercised result positive controls in the periods of time provided for in the existing provisions.
163 4. Are applied the provisions of point 2, 3 and 5 of Article 184.
Article 186
Traffic and resting of means in service of invalids
1. For the traffic and resting of means in service of invalids, road owner entities are obliged to construct and maintain respective structures and necessary signalling to allow and facilitate their movement, as it is provided for in the existing provisions.
2. Persons who have the right to use structures mentioned in point 1, obtain the respective authorization by Chairman of City Hall or Commune where they are resident, according to restrictions and procedures provided for in the existing provisions.
3. Means in service invalids authorized according to point 2, are not obliged to observe time limits when they are resting in parking zones with limited time.
4. Anyone who utilizes the structures mentioned in point 1, without the authorization mentioned in point 2, or does not utilize properly those structures, is penalized with a fine from 500 (five hundred) lek up to 2 000 (two thousand ) lek.
5. Anyone who utilizes the structures mentioned in point 1, having respective authorization according to point 2, but does not apply the conditions and restrictions provided for in this authorization, is penalized with a fine from 250 (two hundred fifty) lek up to 1 000 (one thousand ) lek
ARTICLE 187
The way to act in case of accident
1. The road user, in case of accident which in certain way is related to his conduct, is obliged to stop to provide necessary assistance to damaged persons by using the emergency kit in the curriculum of the driving school in order to obtain the driving license is included also a course on.
2. Persons included in a accident must take all appropriate measures to preserve traffic security and act by keeping in touch the accident place and its footprints necessary to determine responsibility, but always guaranteeing the traffic security.
3. The driver who has carried out the accident, after having ascertained the place of accident when there are no other means to take the injured in the nearest healthcare centre transports them and immediately returns in the place of accident.
164 4. There, where as a consequence of an accident are caused only material damages, drivers and any other user of the road included in the accident, must also, when it is possible, avoid the hindrance of traffic, according to the provisions of Article 159. Officials of traffic police service, in such cases, must carry out the immediate removal of any obstacle to traffic, except for making very quickly, possible observances to clarify the circumstances surrounding the accident.
5. In any case the drivers must, also provide the name and address, as well as other necessary information., even for the reason of indemnity, to damaged persons or, if those are not present them in different ways the above mentioned elements.
6. Anyone who, in conditions mentioned in point 1, does not apply the obligation of stopping in case of accident, only with material damages, is penalized with a fine from 1 000 (one thousand ) lek up to 4 000 (four thousand ) lek and with the suspension of the driving license from 6 up to 12 months.
7. Anyone who, in conditions shown in point 1, in case of an accident with damages in persons, does not apply the obligation of stopping, is penalized according to Penal Code. Is also applied the additional penalty of the suspension of the driving license from 1 up to 2 years.
8. Anyone who, in conditions mentioned in point 1, does not apply the obligation of providing the necessary assistance to injured persons, when it does not constitute a penal crime, is penalized with a fine from 5 000 (five thousand ) lek up to 20 000 (twenty thousand ) lek.
9. For anyone who, in conditions mentioned in point 3, after providing the assistance does not return to the place of accident is applied the provisions of point 7 of this Article.
10. Anyone who does not apply the provisions of point 2, 4 and 5 is penalized with a fine from 1 000 (one thousand ) lek up to 4 000 (four thousand ) lek.
Article 188
Conduct of pedestrians
1. Pedestrians must move in sidewalks, stockades, boulevards and other spaces destined for them. Were those are absent, are occupied, interrupted or insufficient, must move on the side of the carriage way in the opposite direction of the means movement and in such a way to create as less as possible an obstacle to traffic. Outside the urban areas, pedestrians have the obligation to walk in the opposite direction with that of the means movement in carriage way with two directions of movement and on the right side in relation to the direction of the means movement in cases of carriage way with one
165 direction of movement. Pedestrians who walk in the carriage ways of roads inside and outside the urban areas, without public lighting, have the obligation to move in a sole row.
2. Pedestrians for crossing the carriage way must use the pedestrians passages, underpasses and overpasses outside the urban areas. When those do not exist, or are more than 100 m far from the place of the crossing, pedestrians may cross the carriage way only in a perpendicular direction with the needed attention to avoid risky situations for him or for the others.
3. It is prohibited for pedestrians to cross the crossroads in a diagonal way and also is prohibited the crossing of squares out of pedestrians passages, where those exist.
4. It is prohibited for pedestrians to stay or be late in the carriage way except for cases where it is indispensable for movement security. It is also prohibited staying in groups in sidewalks, in stockades or near the passages of pedestrians, creating obstacle for the normal passage for other pedestrians.
5. Pedestrians who will cross the carriage way in a zone, non equipped with pedestrian passage, must give priority to the drivers.
6. It is prohibited for pedestrians to carry out road crossings, passing ahead buses, trolley buses and trams, which have stopped in the stations.
7. Means not equipped with motors which are used by children or invalid persons may move in parts of the road destined for pedestrians.
8. Moving with skates, carts or other movement accelerators is prohibited in carriage ways of the roads.
9. It is prohibited carrying out in the carriage way of unauthorized sportive games or manifestations. In spaces destined for pedestrians is prohibited the use of carts, skates or other movements accelerators which might create risky situations for other users.
ARTICLE 189
Conduct of drivers to wards pedestrians
1. Where the traffic is not regulated the policemen or the traffic light, drivers must give priority slowing down and where it is necessary stopping pedestrians passing on the pedestrians passages. Drivers that are turning to enter in another road, in the entrance of which is a pedestrian passage must give priority by slowing down and where it is necessary stopping, to pedestrians that are passing in the pedestrians passage, when to the latter is not prohibited the passage.
166 2. In non equipped roads with pedestrian passages drivers must allow the pedestrian who has started crossing the carriage way to arrive safe the other side .
3. Drivers must stop where an invalid person with limited abilities for movement or when is moving with a cart for handicapped or equipped with a white walking cane, or accompanied by a guiding dog, or in any case visible in certain way is crossing the carriage way or has the intention to cross and must avoid risky situations which might be caused by wrong or clumsy actions of children or elders.
4. Anyone who violates the provisions of Articles 188 and 189 is penalized with a fine from 5 00 (five hundred ) lek up to 2 000 (two thousand) lek.
ARTICLE 190
Obligations towards officials officers and policemen
1. All those who move on the road are obliged to stop when this required by officials, officers or policemen who are assigned to carry out the service of traffic police, where they are with uniform or equipped with the proper distinguishing document.
2. Drivers are obliged without moving from the means to present at the request of officials, officers and policemen mentioned in point 1, for traffic document, the driving license and any other document which, according to road traffic rules, they must carry with themselves.
3. Officials, officers, and policemen mentioned in the above points may:
carry out the control of the means in order to verify the application of rules related to the characteristics and equipping of these means; order the driver to interrupt the travel, where the viewing signalling systems and lighting or tyres are broken-down or are subject to such irregularities which may cause great risk for his and others security, having also in consideration and the weather and road condition; order the driver to stop or to continue the travel showing special attention to not damage the road.
4. Authorities of the Ministry of Public Order and of Military Police for controls needed for carrying out their service may set up check points and in such a case, use capable means to ensure, without risk of accidents, gradual braking of the means which does not stop even by the order given by certain signals. Characteristics of those means as well as their utilization conditions and methods, are provided for by the instructions of the Ministry of Public Order and the Ministry of Defence.
167 5. Drivers must obey to signals, which military personnel, even not accompanied by the traffic police personnel mentioned in Article 12, point 1, give to allow the movement of military convoy.
6. Anyone who violates the provisions of point 1, 2, 3, and 5, is penalized with a fine from 1 000 (one thousand ) lek up to 4 000 (four thousand) lek and with additional penalty of the suspension of the driving license for 6 months.
7. Anyone who violates the provisions of point 4, where it does not constitute a penal crime, is penalized with a fine from 5 000 (five thousand ) lek up to 20 000 (twenty thousand ) lek and with the additional penalty of the suspension of driving license for 1 year.
ARTICLE 191
Obligation of insurance for civil responsibility
1. Means with motor which do not move on the rails, including trolley buses and trailers, may not move on the roads without being insured according to rules and provisions in power for civil responsibility towards third parties.
2. Anyone who is moving without being insured, is penalized with a fine from 10 000 (ten thousand ) lek up to 40 000 (forty thousand ) lek.
CHAPTER 6
VIOLATIONS PROVIDED FOR IN THIS CODE AND RESPECTIVE PENALTIES
HEADING 1
ADMINIOSTRATIVE VIOLATIONS AND RESPECTIVE PENALTIES
PART I
Administrative violations penalized with administrative measures with fines and the latter’s application
168 ARTICLE 192
Provisions of a general nature
1. In all the cases in which this Code provides for that a certain violation is penalized with a fine, are applied general provisions of the law on administrative contraventions excluding changes and deviations provided for by the rules of this Heading.
ARTICLE 193
Use of administrative penalties with fine
1. The administrative penalty with a fine consists of the payment of an amount of money between a minimal and maximal limit provided for in each rule, always within the general minimal limit by 250 (two hundred fifty) lek and the general maximal limit by 200 000 (two hundred thousand ) lek. This general maximal limit may by exceeded only where it is the case for proportional measures, or for many violations according the Article 196, or in cases of reviewing according to point 3.
2. In applying an administrative penalty with a fine provided for by this Code, between a minimal and maximal limit, attention is drawn to the gravity of the violation, actions carried out by the person to avoid or to relieve the violation consequences, and on his personality and economic conditions.
3. The amount of the administrative penalties with a fine is reviewed every two years in the same instance for all changes verified by INSTAT, with the coefficient of consumers prices for the families of workers and officials (national average) verified in two previous years. For that reason, within December 1, of every two years, the Ministry of Finances in cooperation with the Ministry of Public Works and Transport establishes, following the above criteria, new limits of administrative penalties with fine, which are applied from January 1, of the following year. Such limits may be those maximal mentioned in point 1.
ARTICLE 194
The principle of solidarity
1. For violations punished with administrative penalties with fine, the owner of the means or instead of him, the user, buyer, with agreement for returning the means where are not paid instalments, or the user by rent, is obliged, jointly with the author of violation, to pay the amount for which they are liable, if he does not prove that the
169 traffic of the means has happened against his will. In the case according to Article 83 is responsible the lessee.
2. If the violation is carried out by persons able to understand, but that are under the authority, guidance and supervision of somebody else, the person vested with the authority or charged with the guidance or supervision, is obliged, in solidarity with the author of the violation, to pay the amount for which he is liable, except for when he proves that he has not been able to stop the action from taking place.
3. If the violation is committed by the respective or by the dependent of a juridical person, or from an entity or association without juridical personality or at any case by an entrepreneur, in exercising his tasks or functions, the juridical person, entity, or association or entrepreneur is obliged, in solidarity with the author of the violation, to pay the amount due.
4. In cases according to point 1, 2, 3 the person who has paid the foreseen amount for the violation, has the right of its full reimbursement by the author of the violation.
ARTICLE 195
Participation of some persons in administrative violations
Where many persons participate in a violation, for which is established an administrative penalty with a fine, each of them is subject to the measure foreseen for this violation, except for when is provided for otherwise by law.
ARTICLE 196
Violations of some rules that provide for administrative penalties with a fine
1. Except for when is provided otherwise by law, the person that with an action or non- compliance violates some provisions which foresee administrative penalties with a fine, or commits many violations of the same provision, is subject to the foreseen measure for the gravest violation multiplied up to three times.
2. Abrogating the content of point 1, in urban pedestrian zones and zones with limited traffic, the violator of stopping in the entrance and of other special obligations and stopping or restrictions is subject to penalties provided for in each separate violation.
ARTICLE 197
Non-transfer of the fine to the heirs
170 Obligation for payment of administrative penalties with a fine is not transferred to the heirs.
ARTICLE 198
Definition and reporting of violations
1. The violation, when it is possible the definition of the responsibility, must be charged immediately to the violator as well as to the person who is obliged in solidarity to pay the amount due.
2. For the definition of the violation should be drafted a report which also includes statements that interested persons want to be written. In regulation is provided for the respective model.
3. A copy of the report must be given to the violator and, when he is present, to the solidary person charged.
4. A copy of the report is delivered immediately to the office or command from which is dependent the certified agent.
ARTICLE 199
Notification of violations
1. When it is not possible to ascertain the author of the violation, the report equipped with accurate and detailed data about the violation and with explanations about the reasons which have made impossible the immediate identification, must, within 30 days from verification of violation be notified to the respective violator, or when he is not identified and it is the case of a violation committed by the driver of a motor means, equipped with a recognition plate, one of persons mentioned in Article 194 that results from respective registers on the date of verification. When it is the case of a motorcycle the notification must be done to the person responsible for the traffic according to Article 96, point 1, letter “b”. When the violator or one of other persons mentioned is identified later the notification may be done within 30 days from the identification.
2. For residents living abroad the notification must be done within 360 days from the violation identification. When the residence or domicile of the person to whom must be sent the notification are unknown, this notification is not obligatory to be sent to that person and is sent to other persons according to point 1.
171 3. The notification is sent through authorities mentioned in Article 12 or through the communal couriers, by methods provided for in the Code of Civil Procedures, or through the mail, according to rules on notification through postal services. In any case notifications are considered properly sent when are sent to the residence or domicile of the person, which results from the traffic permission or from the national archives of means or from the driving license of driver.
4. Expenditures of the verification and notifications are charged to the person who is liable to pay the fine.
5. The person, to whom the notice is not sent within the foreseen period of time, is no more liable to pay the fine.
ARTICLE 200
Amount of fine on the spot
The amount of fine on the spot for contraventions provided for in Articles of this Code, is charged by the verification agent at sum of up to 5 000 (five thousand ) lek.
ARTICLE 201
Examination of the contravention at the administrative authority
Contraventions according to this Code are examined according to the case (except for cases of Article 202) by the State administrative authority in the territory of which is effective the verification agent, who takes the respective decision.
ARTICLE 202
Lodging a complaint at the judicial authorities
Against the decision of penalty according to Article 201 by the State administrative authority, may be lodged a complaint within 5 days from its promulgation, at the district court where the contravention is committed, the decision of which is of final form.
ARTICLE 203
Collection of administrative fines
172 1. Revenues from the administrative penalties with fines for violations provided for in the Articles of this Code are paid by the violator within 5 days from the day in which the decision has taken the final form. After this deadline, for each day of the delay, is paid 2 percent interest up to one month. When the fine is not paid or is not collectable from the incomes of the violator for cases of drivers of the motor means, is carried out the suspension of the means up to 3 months and after this deadline is carried out the sale of the means with auction giving the difference in lek to the violator.
2. In all cases provided for with fine, cashing of the amount shall be effectuated within 5 days in the administrative offices foreseen.
3. Revenues from the fines for violations provided for in this Code, are transferred at the amount of 60 percent to the authority which has verified the violation. Those revenues will be used for the improvement of the service in application of this Code. Meanwhile, 20 percent are transferred to the State. Transfer of the income in the budget is done every time the money is deposited in the bank in compliance with the above-mentioned ratio.
ARTICLE 204
Prescription
Prescription of the right for collection of amounts due from administrative penalties with fines for violations provided for in this Code is arranged by the Law No. 7697, dated 07/04/1993 “On administrative contraventions”.
ARTICLE 205
Road means registered abroad or equipped with a number plate for foreigner
1. When with a means registered abroad or equipped with a number plate for foreigner is violated a provision of this Code which is penalized with the administrative penalty with a fine, the violator is allowed to effectuate immediately, in the hands of the verifier agent, the payment. The agent transmits to his centre or office the report and the amount collected and issues an invoice to the violator noting down the payment in the copy of the report, which is delivered to the violator in question.
2. When the violator does not effectuate, for any reason, the payment in the hands of the verifier agent, or when the violation is penalized with an additional administrative penalty, he must pay to the verifier agent, as a guarantee, an amount equal to the half
173 maximal amount of the penalty provided for the violation. Instead of the above guarantee the violator may deliver the established document of the security, which guarantees the payment of the due amount. For the delivery of the guarantee or for the delivery of the established document of security is made written notes in the report of the violation charge. Both of them are delivered to the unit or office from which the verifying agent is dependent.
3. In the absence of the amount delivery serving as a guarantee or of the presentation of the guaranteeing document, according to point 2, is applied the immediate withdrawal of the driving license from the verifying agent.
PART II
ADDITIONAL ADMINISTRIVE PENALTIES TO THE ADMINISTRATIVE PENALTIES WITH FINE
ARTICLE 206
Additional administrative penalties to the administrative penalties with fine in general
1. When the rules of this Code provide for that an administrative penalty with fine should be followed by an additional penalty without fine, the last one may be applied according to the following rules.
2. Additional administrative penalties without fine provided for in this Code are divided in: a) penalties related to the obligations for carrying out foreseen activity or for the suspension or banning of an established activity; b) penalties related to the means; c) penalties related to the traffic documents and the driving license;
3. In cases in which is provided for the application of the additional penalty of the means confiscation, the report to determine who is to be charged for the violation, must be transmitted to the administrative authority from which is dependent the verifying agent, within 10 days.
4. To the non-transfer of the due payment for the administrative penalty with fine is also related the non-transfer of any other due payment related to the additional penalty. With the death of the person charged with a fine is interrupted any procedure for its execution. If it is sequestered the means or withdrawn the traffic permission or the driving license, the competent authority returns immediately the mean to the heirs.
174 ARTICLE 207
The additional penalty for the obligation to restore the conditions of the place or to remove the abusive action
1. In cases in which the rules of this Code establish that a violation should be followed with the additional penalty for the obligation to restore the condition of a place or for the obligation to remove the abusive actions, the verifying agent makes notes in the report of the charge which is filled in according to Article 198, or in the absence, in the notification provided for in Article 199. The report drafted in such a way constitutes a title also for the application of the additional penalty.
2. Lodging a complaint at the administrative authority from which is dependent the verifying agent, against the administrative penalty with a fine is extended even for the additional penalty. Are applied the provisions of article 201. In case when is not lodged a complaint the office or unit from which is dependent the verifier agent, transmits the copy of the report to the administrative authority for proclaiming the order according to point 3, within 5 days from the expiry date of the term of complaint (appeal).
3. The administrative authority, in the order against the violator for the payment of the fine also orders the latter to fulfil the obligation for restoring the conditions of the place or for removing the abusive actions, in due terms which depend on the kind of works and conditions of places. The order constitutes an executive title. In the case when it is not lodged a complaint, the above order is proclaimed by the administrative authority within 5 days from receiving the communication by the office or unit, according to point 2. Carrying out of the works is done under the control of the owner entity or subsidiary of the road. After carrying out the works, the road owner entity notifies immediately the administrative authority that proclaims the order for the interruption of the procedure for fulfilment of additional measures. The order is transmitted to the violator and to the road owner entity.
4. When the violator does not carry out in due time the works, for which he is responsible, the administrative authority after being notified by the owner entity or subsidiary of the road, gives the right to the latter to carry out the above works. After carrying out the works, the owner entity transmits the expenditures invoice and the administrative authority orders the payment. This order constitutes an executive title by the law.
5. In case the administrative authority does not consider as justified the verification, the order for archiving is extended even for the additional penalty.
6. Appeal (complaint) according to Article 202 is extended even for additional penalty.
175 ARTICLE 208
The additional penalty with the obligation for the suspension of a certain action
1. In the case, when rules this Code establishes that a violation should be penalized with the additional penalty with the obligation for the suspension or interruption of a certain activity, the verifying agent notes down in the report of charge which is drafted according to Article 198 or in the notification done according to Article 199. The report drafted in such a way, constitutes a title even for the application of the additional penalty. This penalty, when the traffic requires it, must be applied immediately, otherwise starting of the execution is done within 5 days from the report of from its notification. Execution is done under the control of the office or unit on which is dependent the verifying agent.
2. Lodging a complaint at the administrative authority on which is dependent the verifying agent, against the administrative penalty with fine is extended even to the additional penalty. Are applied here the provisions of Article 201. When the administrative authority rejects the complaint, orders even the application of the additional penalty. When on the contrary it consider as unjustified the verification, the order for archiving is extended even to the additional penalty.
3. The complaint provided for in Article 202 is extended even for the additional penalty.
4. When the violator does not fulfil his obligation according to the method and the term provided for point 1, the office or the above-mentioned command (unit) denounces the violator for the crime according to the Penal Code and notifies in advance the violator as well as takes measures, with its agents or agencies, for meeting forcibly the obligation. For such an execution is drafted the report, that must be communicated to administrative authority and to the violator. Possible expenditures for the forcible execution, are charged to the violator and for that takes measures the administrative authority by issuing an additional order which constitutes an executive title.
5. When it is the case with a permanent activity which is subject to the conditions provided for in this Code, the violator may, a bit later, fulfil the above conditions, in such a case he forwards a request to the office or command (unit) mentioned in point 1 and this, after carrying out the verification on the fulfilment of conditions, allows that the interrupted activity restarts. For that is reported to the administrative authority.
ARTICLE 209
Preventive penalty of sequestration and additional penalty of the administrative confiscation
176 1. In cases, in which this Code provides for the additional penalty of the administrative confiscation, the police authority that verifies the violation, sequesters the means or other things or objects which are subject to the violation noticing that in the report for charging the violation .
2. Police authority, which process for the sequestration, removes the means and places it in a given territory, guarded according to methods provided for in the existing provisions. This is the noted down in the report on the specific violation.
3. Against the sequestration penalty is allowed lodging a complaint in the administrative authority according to Article 201. In case of rejection of the complaint, the sequestration is confirmed. In case the verification of violation is considered as unjustified, the order for archiving includes even the preventive measures and brings about the rejection of the sequestration of the means.
4. When 5 days have passed from the rejection of the complaint at the administrative authority mentioned in point 3, or from the expiration of the terms of the appeal at the administrative authority when it is not lodged, or from the expiration of the established period of sequestration, when is not forwarded the request for the rejection of the sequestration, the means may be sold according to the methods provided for in the existing provisions. The price of the sale is used for the payment of the fine when it is effectuated and for the transport and guarding expenses for the means. The possible remaining amount is returned to whom it belongs. For other objects sequestered in stead of the sale is proceeded with its instruction.
5. The measure provided for in point 1, is not applied where the means belongs to persons not related to the administrative violations. Where from verification of the case results that the means is in the ownership of persons that are not related to the administrative violation, the sequestration is not applied.
6. The measure, on the basis of which is decided the confiscation of the means is communicated by the administrative authority to make notes in the respective registers.
ARTICLE 210
Administrative ban of the means
1. In cases this Code provides for the additional penalty of the administrative ban of the means, the police authority, which verifies the violation, takes measures to interrupt the traffic and to store the means in a proper place, according to methods provided for in the existing provisions. This is made written reference in the report about the violation.
177 2. The means is returned to the owner or, in case the violation is committed by persons not of an adult age, to parents or adult persons delegated in a special way, after the advance payment covering the transport and guarding expenses is effectuated.
3. For returning the means is drafted the report, a copy of which is delivered to the interested person.
4. Against the administrative penalty of the means ban is allowed lodging a complaint at the administrative authority according to rules of Article 201.
1. When the request is accepted and the verification of violation is considered unjustified, the order abrogates the additional administrative penalty and gives instructions for the return of the means by the police authority mentioned in point 1.
2. When is lodged the compliant according to article 202, the return may be effectuated before the decision of the juridical authority that rejects the penalty provided.
3. Always is established the administrative ban of the means for the same period in the cases, in which according to rules of this Code, is taken the penalty of the suspension of the traffic permission and transport license. Execution is done by police authorities, mentioned in Article 12, point 1. In the existing provisions are defined methods and forms for application of this additional penalty.
ARTICLE 211
Additional penalty of the withdrawal or the blockading of the means
1. When according to this Code, is provided for the additional administrative penalty of the means withdrawal, this is carried out by the police authorities which verify the violation, and take measures that the means according to the rules of the regulation of the implementation, be transported and guarded in suitable places. Application of the additional penalty is shown in the report about the violation notified according to terms provided for in Article 199.
2. The withdrawn means according to point 1, are returned to the owner, after the payment of expenses of intervention, removal and guarding, with methods provided for in the existing provisions.
3. In the cases, in which is allowed the blockade of the means, this is decided by police authorities that verify the violation, according to methods provided for in the existing provisions. For the blockade is made written reference in the report about the violation notified according to rules of Article 199. The rejection of the blockade is carried out at the request of the owner after the payment of expenses for intervention, blockade
178 and annulment of the blockade, according to methods provided for in the existing provisions.
4. With passing of 5 days from the notification of the report which includes the charge on the violation and the written reference about carrying out the withdrawal or the blockade of the means during which the owner or the interested person for the traffic document have not shown up in the office or command (unit) from which is dependent the authority who has carried out the withdrawal or the blockade, the means may be alienated or destructed according to methods provided for in the existing provisions. In case of alienation their price is used for the payment of the fine when it is not paid, and of the expenses for the withdrawal, guarding and blockade. The possible remaining amount is returned to the person who has the right over them.
ARTICLE 212
Additional penalty of the withdrawal of the traffic document of the number plate or the driving license
1. In cases when according to this Code, is established the additional administrative penalty of the withdrawal of the traffic document and the certificate of ownership, or of the authorizations or licenses in cases when provided for, the number plate and the driving license, the document is withdrawn in case of verification of violation, by the verifying authority and is sent, within the following day to the offices from which is dependent the verifying agent. For the withdrawal is made written reference in the report about the violation. In the existing provisions are provided for methods for allowing of the travel up to the guarding place. In cases of the withdrawal of the number plate is carried out the administrative ban of the means according to rules of Article 210.
2. The return of the documents may be required by the interested person only after fulfilling the obligations. The return is carried out by entities mentioned in point 1, after preliminary verification of fulfilment of the above provisions.
3. Withdrawal and later return are noted down in the traffic permission or license.
4. Complaining at the administrative authority according to rules of Article 201 is extended also for the additional penalty. In case of rejection of the complaint, the additional penalty is confirmed. In case the verification is considered unjustified this is extended even for the additional penalty and the interested person may require immediately to the entity mentioned in point 1, the return of the document.
5. Lodging of the complaint according to the Article 202 is extended even for the additional penalty.
179 6. Anyone that during the period of the withdrawal of the document, moves in an abusive way with the same means for which is withdrawn the document, is penalized with detention for up to 30 days and with a fine of 10 000 (ten thousand ) lek up to 40 000 (forty thousand) lek.
ARTICLE 213
The additional penalty of the suspension of the traffic permission
1. In cases, where this Code provides for the additional penalty of the suspension of the traffic permission, the latter is withdrawn by the police agent that verifies the violation. For the withdrawn is made written reference to the report. The agent issues a temporary traffic permission limited for the necessary period of time for taking the means to the guarded place as shown by the interested person, with the remark on the report.
2. The police agent that has withdrawn the traffic permission, sends it, within the same day, to the unit from which he is dependent, which within 10 days announces the order for the suspension showing there the suspension period. This period, provided for in its maximum and minimum limits by the special rules, is decided based on the gravity of the violation, the amount of caused damages and the possible risk the later traffic might cause. The decision is notified to the interested person. The period of suspension starts from the day of the withdrawal of the document as in point 1. When the decision is not announced within 10 days, the possessor may get back the document from the respective authority.
3. At the end of the period defined in decision, the traffic permission is returned to the interested person, by the respective authority.
4. Lodging the complaint according to Article 202 is extended even for the additional penalties.
5. Anyone that during the suspension period of traffic permission, moves in an abusive way, with the same means, is penalized with the detention for 30 days and with a fine of 10 000 (ten thousand ) lek up to 40 000 (forty thousand ) lek. It is applied even the additional penalty of the withdrawal of the driving license.
ARTICLE 214
The additional penalty of the driving license suspension
180 1. In cases, where this code does not provide for the additional penalty of the driving license suspension for a certain period of time, the driving license is withdrawn by the police agent that verifies the violation. This fact is made written reference to in the report. This agent issues a temporary permission for the necessary period to bring the means at the guarded place shown by the interested person, with the remark in the charging report.
2. The police agent that has withdrawn the driving license sends it within the same day to his superior office, which within 10 days, announces the order for the suspension, indicating the valid period of the suspension. This period, provided for in its maximum and minimum limits by the special rules, is decided based on the gravity of the violation, the amount of caused damages and the possible risk of the later traffic might cause. The decision is notified immediately to the interested person and to the respective office. The defined period starts from the day of the suspension. If the decision is not announced within 10 days, the possessor may take the license back by the respective authority.
3. Where rules of this code provide for the extension of the suspension period because of the repeated violation of the same provision of the law, the police authority that verifies the last violation and from the file, ascertains the existence of the other earlier violations, acts as in point 1, showing even in the report the applied provision and the number of the earlier suspensions; it is applied also the point 2. When the existence of the earlier suspensions is revealed later, the respective authority acts according to the provisions of point 2.
4. At the end of the defined suspension period, the driving license is returned to the person to whom the driving license had been withdrawn.
5. Anyone that during the period of the driving license suspension abuses during the traffic is penalized with detention for 30 days and with a fine of 10 000 (ten thousand ) lek up to 40 000 (forty thousand ) leks. It is applied also the additional penalty of the withdrawal of the driving license.
ARTICLE 215
The withdrawal of the driving license
1. When according to the rules of this Code is provided for the penalty of the driving license withdrawal, this kind of penalty is announced by the authority that has verified the violation.
2. In a case like this, the authority, the office or the Command (unit) that verifies the existence of one of the conditions for which is provided for the penalty of the driving license withdrawal, makes the decision within 10 days. For this decision is notified
181 the respective office of the General Directorate of the Road Transport Services, which has issued the driving license, for the sake of record keeping.
3. It is allowed to complain against the penalty of the driving license withdrawal to the superior unit of the verifying agent within 20 days from the notification of the decision. The superior unit decides in the following 30 days. If the appeal is accepted, the penalty is dropped out and the driving license is returned to the interested person. This return is notified for record keeping to the respective authority of the General Directorate of the Road Transport Services that has issued the driving license.
HEADING 2 OBLIGATIONS DERIVING WHEN ARE CONFIRMED THE PENAL VIOLATIONS
ARTICLE 216
Verification and recognition of the penal act provided for by this Code
1. For the violations that constitute a crime (a penal act), the agent or the authority that verifies them is forced immediately to notify about this crime the prosecutor, according to the rules of the Code of Penal Procedures.
2. The final decision of the penalty is noted down in the personal file of the violator by the authority that has issued the driving license.
3. When the attorney’s office or the court conclude that there is no penal responsibility during the investigations or the judgment, turn back the acts to the office that has notified about the crime, in order that action is taken against the violator according to the provisions of Heading 1 of this Chapter. In such cases the foreseen terms begin from the date of receiving the acts by the above mentioned office.
ARTICLE 217
The association of a penal act with an administrative breach foreseen in this Code
1. When the penal act is accompanied by other breaches provided for in the Code, and for which is not applied the respective administration measure, the court, on the basis of the punishment decision, along side with the penal act, punishes also the administrative breaches according to this Code.
182 ARTICLE 218
The additional penalties after the crimes verification
1. When from a violation of the rules of this Code are caused damages to persons, the Judge, through a decision determines the sort of sentence with foreseen fines and the additional penalties of the suspension or of the withdrawal of the driving license.
2. When from the violation is caused a damage to a person up to the lost of his/ her life due to the carelessness, the suspension goes from 1 to 5 years.
3. The Judge may apply the additional penalty of the withdrawal of the driving license in the cases of repetition of the same crime verified within a period of 5 years starting from the date of the driving license return.
ARTICLE 219
The driving license withdrawal for a supposed crime
1. In the case of the crimes for which are provided for the additional penalties as in Article 218 point 2 and 3, the agent or the authority that verifies the violation withdraws the driving license and through his office passes it to the authority that has issued it. If the immediate withdrawal for some reasons is not possible, the charging report is forwarded by no doubts, to the authorities that have issued the driving license.
2. The Judge that has announced the final decision as in the Code of Penal Procedures within 15 days transmits the authentic copy to the authority as shown in point 1.
CHAPTER 7
TRANSITIONAL AND FINAL PROVISIONS
HEADING 1 FINAL PROVISIONS
183 ARTICLE 220
The setting up of the archive and of the national register and of the Road Traffic and Security Directorate
With the purpose of the road security and to make possible the collection of the information about the road, means and users situation and the possible changes are set up:
in the Ministry covering the respective activity, the Road Traffic and Security Directorate; the General Road Directorate dependent on the Ministry in Charge of the respective activity; in the General Directorate of the Road Transport Services dependent on the Ministry in charge of the respective activity, a national archive of the means; in the General Directorate of the Road Transport Services dependent on the Ministry in charge of the respective activity a national register of the persons able to drive that includes even accidents and violations.
ARTICLE 221
The organization of the archive and of the national register
1. In the General Road Directorate is set up the national archive of the roads that includes all the roads divided into categories, as in Article 2.
2. In the national archive for every road must be shown the data in accordance to the technical and juridical situation of the road, to the traffic of the means, to the accidents and to the situation of being able to be used by the classified means as technological means, as in Article 54, point 1, letter “I” that overcome the defined weight limits as in Article 62 and that respect the defined weight limits as in Article 10, point 8.
3. The collection of the data is done through entities - owners of the road, that are forced to report to the Road Traffic and Security Directorate about the traffick and road security, all the data in accordance with the technical and juridical situation of the special roads, with the situation of being able to be used by the classified means as technological means as in article 54, point 1, letter “I” even the data that result by the measuring the traffic of the means. In additional the General Directorate of the Road Transport Services is forced to transmit to the Road Traffic and Security Directorate all the data about the accidents registered as in point 10.
184 4. Waiting for the involvement of the national archive of the roads, the traffic of technological means that overcome the defined weight limits as in Article 62, may be made only on the road or parts of it that are not included in the lists of not-passable roads, that every year become public under the care of the Ministry covering the respective activity in the Official Journal, based on the transmitted data by the subsidiary companies for the motorways in concession, by the General Directorate of Roads for motor ways and state roads, by the Districts for the other part of the road infrastructure. Through actual regulations are established the criteria and the ways of drafting, transmitting, updating and the publication of the lists.
5. In the General Directorate of the Road Transport Services is set up the national archive that contains the date about the above mentioned means in Article 47, point 1, letters “e”, ”f”, ”g”, ”h”, ”i”, “j”, “k” and “l” .
6. In the national archive for each means must be indicated the data related to the characteristics and the identity, to the provisions of the traffic permission and to the certificate of the ownership, to all the later technical and juridical processes of the means, to the accidents the means has taken part; in archive is noted down even the original colour of the means and every later change.
7. The archive is fully electronic, it is supplied and updated with the data collected by the General Directorate of the Road Transport Services, by the organs of the Road Services police according to Article 12, by the insurance companies that are forced to transmit the data with the defined methods and deadlines in the actual regulations, in the information centre of the General Directorate of the Road Transport Services.
8. In the General Directorate of the Road Transport Services is created the national register of the persons, able to drive the means in terms of the road security.
9. In the national register must be shown for every driver, the data according to the procedures of the issue of the driving license, and all the later procedures such as those of renovation, of the control, of the suspension, withdrawal as well as the data related to the violations during the driving of a certain means, and the accidents that are verified during the traffic and the measures taken.
10. The national register is fully electronical. It is supplied and updated with data collected by the General Directorate of the Road Transport Services from the municipalities and communes, from the organs of the services of the road police according to the Article 12, from the insurance companies, that are forced to transmit the data with the methods and the limits foreseen by the actual regulations in the competent office of the General Directorate of the Road Transport Services.
11. In the regulations for the implementation of these rules are specified the content, the compilation methods of keeping and the updating of the archives and registers mentioned in this article.
185 12. The national archive of the means and the national register of persons able to drive the means are obliged to immediately transmit the data required by the competent organs of the Ministry of Public Works according to Articles 11 and 12 of the Code.
ARTICLE 222
Services and monitoring system of control
1. Through out the whole road system must be established monitoring systems of control for measuring the traffic, the data, which serve to set up and update the national archive of the road as shown in Article 221, point 1, and to define the centres with the highest density of the traffic.
2. The Entities, owners of the roads, are forced to establish the control systems as shown in point 1 and where is thought it is useful, to set up the system of measuring of the environmental and acoustic pollution, and for the latter, in compliance with the directives of the Ministry of Health in cooperation with the Ministry of Public Works and Transport.
3. The Entities, owners of the roads unequipped with them are notified by the Ministry in charge of the respective activity, to establish these control systems within a defined deadline, at the end of which, the Ministry takes the measures for the establishment by force of the control monitoring systems.
ARTICLE 223
The adjusting provisions about the financial problems arising the during the application of the orders under this Code’s norms
1. The Ministry in charge of the respective activity is to define the tariff rates for services carried out in accordance with the application of competencies in the field of the Civil Motorization. The financial activity of the respective organs of the Ministry in charge of the respective activity is through self-financing.
2. The amounts related to the rights for technical and technical-administrative operations in the competence of this authority are designed for the following expenses:
a) for the purchase of technical necessary equipment for services, and for their function and maintenance;
186 b) for carrying out of updating courses or of postgraduate training of the personnel in accordance to the implementation of this Code, and for the personnel to take part in the above mentioned courses;
c) for different operations that have to do with investments technical adjustment, monitoring, supply with different materials and labels necessary for carrying out of all services in the competence of this authority, for storing, distribution and deliverance of the materials and labels above mentioned;
3. The Ministry in charge of the respective activity in cooperation with the Ministry of Finances establishes tariff rates, which must apply the owner entities for application of rules of this Code.
4. The amounts mentioned in point 3 are destined for the following expenditures (expenses): a) for buying technical equipment needed for services, and for their operation and maintenance;
b) for carrying training and updating courses for the personnel or carrying out postgraduate studies, related to the application of this Code, and participation of this personnel in such courses;
c) for setting up and periodically updating the national archive roads and for monitoring the traffic;
ARTICLE 224
Application of EU Directives
EU Directives, are reviewed by the respective ministers according to their competencies, according to areas of this Code and are applied for as long as their do not run counter to the Code’s norms and provisions, and to the country’s possibilities.
ARTICLE 225
Road education
1. In order to promote the education of young people in the field of the road conduct and traffic security, the Minister of Public Works and Transport, the Minister of Education, in agreement with the Minister of Public Order, utilizing the cooperation with entities and companies with wide experience in the sector of prevention and road
187 security provided for by the provisions of the Ministry in charge of the respective activity, prepare, within 1 year from the effective date of this Code, special programmes, equipped with respective budget estimates, to be carried out as obligatory activities in schools, which include knowledge of the principles of road security, and of roads, of signalling, general rules for driving and rules of users conduct.
2. The Minister of Education, by his degree, disciplines the methods of application in schools of the above mentioned programs, also with the assistance of traffic police and experts of those agencies public or private. The degree may provide for setting up of special courses for trainers who cooperate for the application of such programs. Possible expenses are covered by amounts foreseen in the balance sheets of these institutions.
ARTICLE 226
Abrogation of the provisions in power
Are abrogated from the effective date of this Code, except when it is otherwise provided for by provisions of Heading 2 of this Chapter, all provisions which are against or not in accordance with the rules of this Code.
HEADING 2
TRANSITIONAL PROVISIONS
ARTICLE 227
Governmental instructions, their execution and application
1. In all cases when, according to the rules of this Code, the Council of Ministers and the competent Ministers authorize the publication of the regulating rules for application within the limits of their competencies, the respective provisions are published within 9 months from the date of the approval of this Code, except for when are foreseen other deadlines.
2. Instructions mentioned in point 1, enter into force after 3 months from their publication.
188 3. Up to the expiry of the application deadline, remain in power the provisions of the existing Code, except for when it is otherwise provided for by the Articles 228 up to 234.
ARTICLE 228
Transitional rules related to Chapter 1
1. Arrangement of parking according to Article 7, must be carried out within 6 months from the effective date of this Code. Up to this date are applied the existing provisions.
2. Provisions mentioned in Article 9, are applied in sportive competitions on roads, which will take place 6 months after the approval of this Code. Up to this date are applied the existing provisions.
ARTICLE 229
Transitional rules related to Chapter 2
1. For adjusting the advertising means with the rules of Article 23, is established a 6 month deadline which starts from the date of entry into force of this Code. Up to this date are allowed the existing advertising means.
2. Rules related to the issue of authorizations and concessions provided for by Chapter 2 and to respective formalities according to Article 26 and 27, are applied after 6 months from the date of entry into force of this Code. Technical works and definitions provided for in authorizations and concessions issued before this deadline must start within 3 months and terminate within 1 year from the date of the authorization or concessions, except for when are established different terms provided for in respective authorizations or concessions.
3. Within 6 month from the date of entry into force of this Code, must be adjusted the plans mentioned in Article 36, points 1, 2.
4. Within 6 months from the commencement date of this Code the whole road signalling must be adjusted to the rules of this Code and application provisions. Up to this date is allowed the existing signalling.
ARTICLE 230
Transitional rules related to Chapter 3
189 1. Provisions which include the new classification of means and definitions of their characteristics according to Heading 1, Chapter 3, are applied 6 months from entry into force of this Code.
2. From the date mentioned in point 1, must be applied provisions of Heading 2 of Chapter 3, related to the means pulled by beasts, skates and bicycles.
3. Provisions of Part 1, Heading 3, of Chapter 3 (Constructive and equipment rules for technical verification for the traffic) are applied for means, the construction of which starts 6 months from the date of entry into force of this Code. For traffic means and for those, which are being constructed within the foreseen deadline and which enter into traffic within 6 months from commencement date of this Code, the traffic is allowed with constructive characteristics and with systems that are equipped, as defined for them in the existing rules.
4. The Minister of Public Works and Transports may, through his instructions, establish that certain requirements or technical or operational characteristics be applied immediately or in shorter terms, related also to the impact they have in the road security.
5. Provisions of Part II of Heading 3, Chapter 3 (Means destination and utilization), are applied starting 6 months after the approval of this Code. Up to this date, destination and utilization of different categories of means are regulated by existing rules.
6. Rules of this Code related to the traffic permissions, with their characteristics and delivery, with formalities for transferring the ownership of motor vehicles and for issuing the temporary traffic permissions, according to Article 93, 94 and 95 and with all following additions according to Articles 95, 96, 97, 98 and 102 are applied 6 months after the approval of this Code. Procedures under process, for issuing and for the following notes, according to the existing rules, are still valid and the traffic permission issued according to them, holds full validity. In the same way, keep their full validity, the existing traffic permissions, up to the first note done after the above mentioned date, in that moment the traffic permission must be adjusted to the rules of this Code.
7. Provisions on number plates according to Articles 99, 100,101 are applied starting 6 months from the approval of this Code. Up to that date, number plates, their issue and their order are arranged by the existing rules.
8. For agriculture machines and for technological machines mentioned in Heading 4 of Chapter 3 (Traffic in the road of agriculture and technological machines), both for their characteristics and for their construction and approximation, traffic permission, control and number plates, are applied the respective provisions of this Code.
190 ARTICLE 231
Transitional rules related to Chapter 4
1. Provisions of this Code on driving licenses, are applied to new licenses for any kind of means, which are issued after finishing 6 months from the commencement date of this Code. Procedures to follow up to this moment are maintained and licenses issued according to existing rules maintain their validity. In the same way, maintain their validity, licenses issued before the above date. This validity lasts up to first verification or control, which is carried out, according to rules of Article 124 or 126, after the end of the above mentioned deadline, in such a case is done the adjustment of the license according to the new rules.
2. The existing auto schools must be adjusted according to rules of this Code within 6 months from its approval date. Up to such a date auto schools are arranged with existing provisions.
ARTICLE 232
Transitional rules related to Chapter 5
1. Road users are obliged to abide by the conducts established by this Code from the date of its entry into force.
2. For violations committed before the date mentioned in point 1, continue to be applied main and auxiliary penalties as well as the provisions which include procedures of the verification and application, respectively provided for by the existing provisions.
ARTICLE 233
Transitional rules related to Chapter 6
1. Provisions of Chapter 6, are applied from the entry into force of this Code.
2. The additional administrative penalties for the verification of crimes (penal acts) provided for by this Code are applied for crimes committed after its entry into force.
ARTICLE 234
Transitional rules related to Chapter 7
191 1. National archives and registers provided for in Articles 220 and 221, are set up starting after 6 months from the date of entry into force of this Code. By this date will start the provision of data needed by interested entities and administrations. The facility of archives and registers must be completed the following year.
2. Monitoring service and system of control mentioned in Article 222, are established starting after 6 months from the commencement date of this Code.
ARTICLE 235
Entry into force of the rules of this Code
1. Rules of this Code enter into force 1 year after its approval.
Announced, through the decree No 2186 dated 11. 8. 1998 of the President of the Republic of Albania, Rexhep Mejdani.
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