COUNCIL OF MINISTERS REGULATION No. 395/2017
COUNCIL OF MINISTERS REGULATION TO AMEND Road Transport Traffic
Control REGULATION
This
Regulation is issued by the Council of Ministers pursuant to Article 5 of the
Definition of Powers and Duties of the Executive Organs of the Federal
Democratic Republic of Ethiopia Proclamation No.916/2015 and Article 28 of the
Transport Proclamation No.468/2005.
1.
Short
Title
This
Regulation may be cited as the “Road Transport Traffic Control Council of
Ministers (Amendment) Regulation No.395/2017.”
2.
Amendment
The
Road Transport Traffic Control Council of Ministers Regulation No.208/2011 is
hereby amended as follows:
1/ sub-article (12) of Article 2 of the
Regulation is deleted and replaced by the following new sub-article (12) and
other new sub-articles (13) and (14) are added following sub-article (12) and
the existing sub-articles are renumbered as sub-article (15) to (35),
respectively:
9486
“12/ ‘traffic
controller’ means a recognized controller empowered by an appropriate law to
control traffic flow and enforce the provisions of this Regulation; and is
known as traffic controller police or transport controller;
13/ ‘traffic controller police’ means a member of
police recognized as controller and empowered by appropriate law to control
traffic flow and enforce the provisions of this Regulation;
14/ ‘transport controller’ means a person
recognized as controller and empowered by appropriate law to control the
technical competence of vehicles and enforcement of directives related to
transport administration;”
2/ sub-article
(30) of Article 2 of the Regulation as renumbered under sub-article (1) of this
Regulation is deleted and replaced by the following new sub-article (30):
“30/ ‘road signal’ means any signal operated
manually, mechanically or electrically, by which traffic is alternately
directed to stop, take direction and to proceed;”
3/ Paragraph
(a) of sub-article (2)of Article 5 of the Regulation is deleted and replaced by
the following new paragraph (a):
“a) Except
emergency service vehicle driver, it is forbidden to any driver to call a
telephone or communicate through radio either by handling it or writing short
notice, sending message or reading texts while driving any vehicle.”
9487
4/ the
sub-article title (5) and paragraph (a) of Article 5 of the Regulation are
deleted and replaced by the following new sub-article title (5) and paragraph
(a):
“5/ Road Signs,
Markings, and Signals given by Traffic Controller:
a) any
person using road shall implement road signs, markings and signal and instructions given by
Traffic Controller.”
5/ The
following new paragraph (d) is added following paragraph (c) of sub-article (8) of the Regulation:
“d) a vehicle driver is forbidden to drive a
vehicle lacking front and back plate number.”
6/ Paragraph (b) of sub-article (9) of Article 5 of
the Regulation is deleted and replaced by the following new paragraph (b):
“b) Any
person moving by sitting on animals’ back or driving animals or towing animals
or driving animals which tow any carriage shall take necessary care.”
7/ the
following new sub-article (4) is added after sub-article (3) of Article 8 of
the Regulation:
“4/ not
wash or cause washing of vehicle on the pedestrian’s road or on a vehicle’s
road; or on a place that may cause liquid to flows into the pedestrian’s road
or on a vehicle’s road.”
9488
8/ sub-article (1) of Article 19 of the
Regulation is deleted and replaced by the following new sub-article (1):
“1/ any driver before turning, changing direction,
lowering speed or parking, shall give a clear warning signal at a distance of
25 meter within a town and 50 meter outside a town to other road users.”
9/ The following new sub-article (3) is added
after sub-article (2) of Article 24 of the Regulation:
[
“3/ Any
driver of a vehicle approaching a marked rectangular yellow traffic line at
intersectional road shall cede priority to cross the intersection to any driver
of a vehicle that has already entered the intersection.”
10/ The following new sub-article (4) is added
after sub-article (3) of Article 39 of the Regulation:
“4/ Without prejudice to sub-articles (2) and (3)
of this Article, in excess of loading capacity of a vehicle if a seat or
anything serves as a seat is fixed with a vehicle or put in a vehicle,
transport controller can order the driver to take off or to unload such seat
and order the driver to stop the vehicle until he implements the given order.”
11/ sub-article
(2) of Article 40 of the Regulation is deleted and replaced by the following
new sub-article (2):
9489
“2/ Without
prejudice to sub-article (1) of this Article, minors below 13 years age are not
allowed to sit in the front seat of the vehicle near to a driver.”
12/ sub-article (4) of Article 50 of the
Regulation is deleted and replaced by the following new sub-article (4):
“4/ no driver of a motorcycle may load goods on a
compartment other than those allowed to load on; or carry more than one
passenger.”
13/ Part Eleven of the Regulation’s title is deleted and replaced by the following new title.
“Part Eleven
Road Signs and Markings”
14/ Article 63, 64 and 65 of the Regulation
are deleted and replaced by the following new Article 63, 64 and 65:
“63. Use of One Road Sign and Markings
It is prohibited to
use another road sign and markings other
than those road signs and markings annexed as
schedule to this Regulation and signs and markings may be prescribed by
appropriate law in the future to control traffic.
“‹64. Installing
and Removing Road Signs and Markings
The Authority shall
have the power to install, renew, maintain, change or remove the road signs and
markings.
9490
65.Prohibition of Putting Road Signs and Markings
1/ no
person shall put, erect or use road signs and markings or any fabrication of
road signs and markings or any signs and markings looks like on road or near
road except those who are licensed or their agents in accordance with this
Regulation.
2/ no person may remove, damage, displace, change
or to oblique from spectacle in any manner or make road signs and markings
unreadable.”
15/ Schedule ‘B’ attached with the Regulation
in accordance to Article 85 (1) is deleted and replaced by the new Schedule ‘B’
attached herewith.
16/ Article 85 of the Regulation is deleted
and replaced by the following new Article 85:
“85. Penalty on Regulation violators
1/ Any
driver or pedestrian who violates the provisions of this Regulation shall be
punished in accordance with the Schedule ‘B’ of this Regulation.
2/ A
traffic controller shall request and take driving qualification license from a vehicle
driver who violates the provisions of this Regulation and give appropriate
charge letter which commands to pay fines.
9491
3/ A
traffic controller or other legally authorized person shall give appropriate
charge letter to a pedestrian or any other person who violates the provisions
of this Regulation; the detail implementation of which shall be determined by
the directive to be issued by the Authority.
4/ any
person who receives charge letter to pay fine pursuant to sub-article (2) and
(3) of this Article, but has a complaint
on the penalty :
a) can
lodge his complaint within two working days to the Office of Traffic Controller
who provided him with a letter of charge to pay penalty;
b)
any person if dissatisfied with decision given to him in accordance with
paragraph (a) of this sub-article, can lodge his complaint to the head of the
concerned authorized body within five working days.
5/ any driver and pedestrian fined in accordance
with sub-articles (2) and (3), respectively, shall pay the penalty within 10
working days, unless he reverses his penalty through complaint lodged in
accordance with sub-article (4) of this Article.
6/ If a driver fined does not pay the penalty within
10 working days in accordance with sub-article (5) of this Article, he shall be
subject to additional penalty and to be recorded in punishment list pursuant to Schedule ‘A’
number (2) (C) attached herewith this Regulation. With regard to person other than
driver, similar compliance shall be determined by a directive to be issued by
the Authority.
9492
7/ Notwithstanding the provision of sub-article
(5) of this Article any driver who paid his fine penalty can lodge his
complaint on the penalty to the Ministry of Transport for cancelation within 30
days; the decision to be given by Ministry shall be the final administrative
decision.
8/ In
accordance with sub article (2) of this Regulation A traffic controller who
receives driving qualification license from a driver shall notify to the driver
from where he can collect his license and deliver the license to the nearby
concerned body within two consecutive working days.
9/ The
fine imposed for violation of traffic Regulations pursuant to this Article
shall enter in the judgment register and stay valid for one year as a record.
17/ The
following new Articles 86 and 87 are added after Article 85 of the Regulation
and the existing Article 86 of the Regulation is renumbered as Article 88:
“86.Offences
Committed by Traffic Controllers
1/ Any traffic controller who enforces the
provisions of this Regulation shall enforce them impartiality and without
violating human rights.
9493
2/
If a Traffic Control Office believes that a traffic controller has committed
offence while enforcing the provisions of this Regulation, without prejudice to
his liability in accordance with appropriate law, shall remove him from his
traffic controlling duty in accordance with Schedule ‘C’ of this Regulation.
“‹‹‹‹87.
Power to Issue a Directive
The
Ministry of Transport may issue directive to enforce the provisions of this
Regulation.”
‹‹‹
18/ The
Road Marking prescribed on Schedule ‘A’ attached herewith this Regulation is
added as road marking at the end of Schedule ‘A’ number 4 as new road sign.
3.
Effective Date of the Regulation
‹‹
1/ This Regulation shall enter into force on the date of
publication in the Federal Negarit Gazette.
2/ Notwithstanding sub-article (1) of this Article, if it is
favorable to the driver, for an offence committed before coming into force of
these Regulations, the record points of offences can be corrected to make
effective in accordance with the provisions of this Regulation.
Done
at Addis Ababa, this 3rd day
of January , 2017
Hailemariam Dessalegn
Prime
Minister of the Federal Democratic Republic of Ethiopia
No comments:
Post a Comment